Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1979 NO. 1 > Jan 5 1979

Although the privilege from arrest in Article II, § 16 of the Washington Constitution extends beyond the term of a legislative session, it relates to the possibility of civil arrest only and is not a privilege from arrest for the commission of a crime; therefore, Article II, § 16 does not preclude the arrest of a member of the Washington State Legislature for the commission of a traffic offense within the purview of RCW 46.61.010.

AGLO 1982 NO. 5 > Mar 5 1982

Unless deemed by the Court to be merely a legislative clarification of existing law and not a change in the law as it now exists, House Bill No. 986 relating to the formula to be utilized in computing the service retirement allowances of state elected officials, would be unconstitutional as applied to existing members of the Public Employees' Retirement System under the reasoning of Bakenhus v. Seattle, 48 Wn.2d 695, 296 P.2d 536 (1956) and later cases.

AGO 1992 NO. 12 > Jun 29 1992

When the boundaries of a legislative district for the Office of State Senate have been changed by redistricting, a special election for the remainder of the existing senate term should be conducted in the newly redistricted senate district.  Candidates for that election must be residents of the new district as required by RCW 42.04.020.

AGO 1994 NO. 13 > Sep 12 1994

1.  Neither house of the Washington State Legislature has authority to adopt a rule or a policy on mailings by legislators at public expense which would supersede the provisions of RCW 42.17.132, a statute on the same subject.  2.  The language in RCW 42.17.132 generally limiting legislators at certain times to mailings to constituents "in direct response to . . . [a] request" does not require that the request be explicit, but requires some evidence that the addressees of a legislative communication had shown an interest in the legislator's view on the subject, or in obtaining other relevant information.

AGO 1993 NO. 13 > Jun 21 1993

Membership in the State Investment Board includes the State Treasurer and one member each of the House of Representatives and the Senate.  Members of the Board are subject to the Executive Conflict of Interest Act, chapter 42.18 RCW.  Although the Act does not apply to elected state officers and legislators when they are acting in their capacity as elected officials, these elected officials are subject to the Act when they are acting in their capacity as a member of the Board.

AGO 1981 NO. 17 > Nov 5 1981

The legislature may not constitutionally cancel, or rescind, prospective salary increases for its own members which are payable during the remainder of their current terms of office and which were provided for by a law that had already been enacted and taken effect before those current terms began.

AGLO 1975 NO. 21 > Mar 5 1975

Those state senators elected in 1972 for four-year terms ending in January, 1977, will not be eligible to receive the pay increases provided for by Initiative No. 282 until the commencement of their next ensuing terms of office in 1977.

AGLO 1973 NO. 22 > Feb 7 1973

Necessity for legislators to provide information to lobbyists' employees under § 18, Initiative No. 276

AGLO 1975 NO. 23 > Mar 6 1975

Extent to which a refusal by a state legislator to cross a picket line of striking state employees in order to attend a legislative session would constitute a violation of the legislator's oath of office.

AGLO 1973 NO. 37 > Mar 20 1973

Consideration of the eligibility of a member of the legislature to be employed by a state agency during the period of time the state legislature is not in session; applicability of Washington Constitution Article II, § 13; impact of federal Hatch Act and/or RCW 41.06.250 upon the applicability of such a legislator to campaign for reelection while serving as an employee of a state agency.

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