Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

Pending Attorney General's Office Formal Opinion Requests

The Washington Attorney General issues formal published opinions in response to requests by the heads of state agencies, state legislators, and county prosecuting attorneys.  When the Attorney General's Office receives a request for a formal opinion, a summary of that opinion request will be published here and distributed via our mailing list

Formal Requests:

Informal Requests:

If you are interested in commenting on any of these requests, you should notify the Attorney General’s Office of your interest by the date listed below each request.  This is not the due date by which comments must be received.  However, if you do not notify the Attorney General’s Office of your interest in commenting on an opinion request by this date, the opinion may be issued before your comments have been received. 

 You may notify the Attorney General’s Office of your intention to comment by:

  • Writing to the Office of the Attorney General, Solicitor General Division, Attention: Jeff Even, Deputy Solicitor General, P.O. Box 40100, Olympia, Washington 98504-0100;  or
  • Emailing jeff.even@atg.wa.gov.

When you notify the office of your intention to comment, you may be provided with:

  • A copy of the opinion request in which you are interested;
  • Information about the Attorney General’s Opinion process;
  • Information on how to submit your comments; and 
  • A due date by which your comments must be received to ensure that they are fully considered.

 

Formal Opinion Requests:

 


 

Opinion Docket No. 17-09-02 Requested by Shawn Sant, Prosecuting Attorney, Franklin County

The Attorney General’s Office seeks public input on the following opinion request. If you are interested in commenting on this request, you should notify the Attorney General’s Office of your interest by October 11, 2017.

Should 1980 AGO No. 1 be withdrawn/revised in light of changes in technology and practice, the legislative intent of RCW 42.56.070(9), and the recent decision in SEIU Healthcare 775NW v. Department of Social & Health Services, 193 Wash.App. 377, 377 P.3d 214, review denied, 186 Wash.2d 1016, 380 P.3d 502 (2016)?

Is it proper to redact names of individuals from a list or data compilation which is requested under the Public Records Act and for a commercial purpose?

Entire text of original request


 

Opinion Docket No. 17-09-01 Requested by Pat Kohler, Director, Department of Licensing 

The Attorney General’s Office seeks public input on the following opinion request. If you are interested in commenting on this request, you should notify the Attorney General’s Office of your interest by October 11, 2017.

Are concealed pistol licenses disclosable?

Entire text of original request


 

Opinion Docket No. 17-06-02: Request by Pat McCarthy, State Auditor

The Attorney General’s Office seeks public input on the following opinion request. If you are interested in commenting on this request, you should notify the Attorney General’s Office of your interest by July 12, 2017.

Is the Association of University Physicians, d/b/a/ UW Physicians (UWP), subject to audit under RCW 43.09.290 and RCW 43.09.420?

Entire text of original request

 


 

Opinion Docket No. 17-05-01: Request by Governor Jay Inslee

The Attorney General’s Office seeks public input on the following opinion request. If you are interested in commenting on this request, you should notify the Attorney General’s Office of your interest by June 28, 2017.

When both the governor and the lieutenant governor are temporarily absent from Washington at the same time, who possesses the legal authority to serve as the acting governor in their absence?

Entire text of original request

 


 

Opinion Docket No. 17-04-06: Request by James L. Nagle, Prosecuting Attorney, Walla Walla County

The Attorney General’s Office seeks public input on the following opinion request. If you are interested in commenting on this request, you should notify the Attorney General’s Office of your interest by May 24, 2017.

Is Washington State Department of Transportation property subject to assessments for mosquito control districts?

Entire text of original request

 


 

Opinion Docket No. 17-04-05: Request by the Honorable Marko Liias, State Senator, District 21

The Attorney General’s Office seeks public input on the following opinion request. If you are interested in commenting on this request, you should notify the Attorney General’s Office of your interest by May 24, 2017.

  1. Is Washington State pre-empted by the presidential qualifications clause in Article II, Sec. 1 of the U.S. Constitution, another federal constitutional provision, or federal statutes from amending RCW 29A.56 to require that in order to appear on the November ballot in a presidential year in Washington state, candidates for President and Vice President of the United States must disclose information the state believes relevant to holding the office (for example, federal tax returns)?

 

  1. Is Washington State pre-empted by the presidential qualifications clause in Article II, Sec. 1 of the U.S. Constitution, another federal constitutional provision, or federal statutes from amending RCW 29A.56.030 to require that in order to appear on the presidential primary ballot in Washington state, a candidate for President of the United States must disclose information the state believes relevant to holding the office (for example, federal tax returns)?

 

  1. May the legislature amend 29A.56 to prohibit the secretary of state from accepting a certificate with the names and address of presidential electors chosen by a political party or convention if the presidential or vice presidential candidate nominated by that party did not release their federal tax returns in the 12 months prior to receiving the nomination?

Entire text of original request

 


 

Opinion Docket No. 17-04-04: Request by Joseph A. Brusic, Prosecuting Attorney, Yakima County

The Attorney General’s Office seeks public input on the following opinion request. If you are interested in commenting on this request, you should notify the Attorney General’s Office of your interest by May 24, 2017.

Would Yakima County be in jeopardy of losing federal funding, or otherwise be in violation of the law, if the Yakima County Disability Board reimbursed members, covered under the Department of Retirement Systems Law Enforcement Officers and Fire Fighters Plan 1 (LEOFF 1), for medical marijuana?

Entire text of original request

 


 

Opinion Docket No. 16-12-01: Request by the Honorable Steve Conway, State Senator, District 29

The Attorney General’s Office seeks public input on the following opinion request. If you are interested in commenting on this request, you should notify the Attorney General’s Office of your interest by January 11, 2017.

Does the invocation of survivor rights for a designated spouse under RCW 41.18.042 alone, and not under RCW 41.26.164, mean that the payment of survivor rights to the decedent firefighter's surviving spouse is the full benefit to which that surviving spouse is entitled under RCW 41.18 or is the benefit that which is mandated by RCW 4.1.18 minus the benefit that would have been offset under RCW 41.26 had the decedent firefighter invoked the 2002 or 2005 RCW 41.26 statutes?

Entire text of original request

 


 

Opinion Docket No. 16-11-01: Request by Isabel Mûnoz-Colón, Chair, Washington State Board of Education

The Attorney General’s Office seeks public input on the following opinion request. If you are interested in commenting on this request, you should notify the Attorney General’s Office of your interest by December 14, 2016.

Is a waiver from basic education requirements by the State Board of Education, acting under the authority granted by RCW 28A.305.140, needed in order for a school district to use a full scheduled day on the school calendar for the purpose of teacher-parent-guardian conferences as defined in RCW 28A.150.205?

Entire text of original request

 


 

Opinion Docket No. 16-08-02: Request by the Honorable Kevin Van De Wege, State Representative, District 24

The Attorney General’s Office seeks public input on the following opinion request. If you are interested in commenting on this request, you should notify the Attorney General’s Office of your interest by September 14, 2016.

Are the meetings of the local FACs, and of the FAC executive committee, subject to RCW 42.30, the Open Public Meetings Act?

Entire text of original request

 


Opinion Docket No. 15-10-01: Request by the Honorable Sam Hunt, State Representative, District 22

The Attorney General’s Office seeks public input on the following opinion request. If you are interested in commenting on this request, you should notify the Attorney General’s Office of your interest by November 16, 2015.

1.  Are the positions of school board director and planning commission member incompatible under Washington law? How is that determination made and, if the positions are incompatible, what remedies are available to address the incompatibility?

2. Is there a conflict of interest between such dual positions under Washington law? How is that determination made, and if a conflict or potential conflict exists, what remedies are available to address it?

3. Does holding such dual positions violate the appearance of fairness provisions of RCW 42.36? How is that determination made, and what remedies are available to address it?

4. In the scenario presented, what obligations does Washington law impose on the person holding dual positions in regard to confidential information?

5. Under what circumstances, if any, may a school board exclude an elected member from executive session because of concerns about incompatibility of office, conflict of interest, appearance of fairness or confidential information?

Entire text of original request

 


 

Informal Opinion Requests:

 


 

Opinion Docket No. 17-03-03: Request by the Honorable Andy Billig, State Senator, District 3

The Attorney General’s Office seeks public input on the following opinion request. If you are interested in commenting on this request, you should notify the Attorney General’s Office of your interest by April 5, 2017.

May a municipality choose to provide its own ambulance/emergency transport services when the municipality's current contract for private ambulance/emergency transport services expires?

Entire text of original request

 


 

Opinion Docket No. 17-03-01: Request by the Honorable Matt Shea, State Representative, District 4

The Attorney General’s Office seeks public input on the following opinion request. If you are interested in commenting on this request, you should notify the Attorney General’s Office of your interest by March 17, 2017.

Under RCW 9.41.010, does the 590 Shock-6 Shot firearm (reference: Mossberg #50659) fit within the current state law definition of "pistol?"

Entire text of original request


 

Opinion Docket No. 16-08-05: Request by the Honorable Christopher Hurst, State Representative, District 31

The Attorney General’s Office seeks public input on the following opinion request. If you are interested in commenting on this request, you should notify the Attorney General’s Office of your interest by September 13, 2016.

Are local and county police departments able to use unmarked vehicles to patrol traffic?

Entire text of original request

 


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