Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 2014 NO. 2 > Jan 16 2014


  1. Initiative 502, which establishes a licensing and regulatory system for marijuana producers, processors, and retailers, does not preempt counties, cities, and towns from banning such businesses within their jurisdictions.
  2. Local ordinances that do not expressly ban state-licensed marijuana licensees from operating within the jurisdiction but make such operation impractical are valid if they properly exercise the local jurisdiction’s police power.
AGO 1987 NO. 6 > Feb 27 1987

1.  The Legislature may not, through the use of conditions in its biennial appropriation act and without amending permanent statute, eliminate or limit the authority of community college districts to grant salary increases to district employees. 2.  The Legislature may use conditions in the biennial appropriation act to limit the use of the funds appropriated in the act, including limits on their use for community college employee salary increase purposes, so long as the legislature does not impair vested contract rights. 3.  The Legislature could establish authority to control community college employee salary increases through the biennial budget act, by amending current statutory law. 4.  The State Board for Community College Education currently has only a minor role in the enforcement of salary policy for community college employees.

AGO 1986 NO. 7 > May 9 1986

The Department of Revenue has statutory authority to require private businesses to provide information to the Department for research purposes, and information provided pursuant to such a requirement will be confidential and not subject to access by the general public, but the precise limits of the Department's authority depend on judicial determination in specific cases.

AGO 1985 NO. 14 > Aug 21 1985

The provisions of RCW 82.14B.010, et seq. , authorize a county, in imposing an excise tax on the use of telephone lines in order to provide an emergency services communications system, to do so within incorporated cities and towns as well as the unincorporated areas of the county.

AGO 1951 NO. 54 > May 25 1951

Chapter 236, Laws of 1951 is unconstitutional as to section 5 inasmuch as the subject of that section is not germane to, nor included in, the title.  Chapter 115, Laws of 1951, complies with all constitutional requirements and requires you to make the disbursements set forth therein.

AGO 1955 NO. 78 > May 19 1955

State effective between dates of first and second school district elections, altering procedure therefor, controls second election.

AGO 1955 NO. 93 > Jun 9 1955

Adoption of a statute by reference does not include subsequent amendments thereto unless the legislature either expressly or by strong implication so says.Failure to adopt an amendment to an existing act indicates a legislative intention to adhere to the existing act.

AGO 1951 NO. 131 > Sep 18 1951

Section 1, chapter 87, Laws of 1939 (Rem. Rev. Stat. Supp.| 9116‑1) as amended by section 1, chapter 108, Laws of 1941, is supplementary to, rather than amendatory of, the provisions of Rem. Rev. Stat. 9116, and all provisions of section 9116 which are not in conflict with the provisions of the supplemental acts of 1939 and 1941 are still in force.

AGO 1957 NO. 135 > Nov 21 1957

A new member of the board of industrial insurance appeals appointed to serve a term commencing June 18, 1957, is legally entitled to a salary of $14,500 per annum as set by RCW 2.08.090, as last amended by chapter 260, Laws of 1957.

AGO 1953 NO. 177 > Dec 3 1953

It is our opinion that the justice court district act (RCW 3.14.010 and RCW 3.14.030) is an unconstitutional delegation of legislative power, both as it relates to the determination of the number of justices of the peace to be elected and to the qualifications of candidates for such office.  It also violates Amendment 21 of the state constitution relating to uniformity in county government.