Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGLO 1977 NO. 1 >

Where, in connection with a prosecution in superior court for a violation of state fishing laws, there has been a change of venue from the county in which the action was commenced to another where the trial took place, and a fine was assessed and collected, the county entitled to retain fifty percent of that fine under RCW 75.08.230 is the one in which (1) the trial took place in superior court resulting in a judgment assessing the fine and (2) the fine is collected by the superior court to be remitted to the county treasurer.

AGO 2011 NO. 1 >

RCW 46.61.440(3), which requires doubling the monetary penalties in a school or play-ground speed zone, applies to infractions committed in violation of both RCW 46.61.440(1) and RCW 46.61.440(2).

AGO 1993 NO. 3 >

1.  RCW 42.17.080-.090 require political committees to report campaign contributions to the Public Disclosure Commission.  This requirement only applies to political committees.  An organization is only a political committee if a primary purpose of the organization is to affect, directly or indirectly, governmental decision making by supporting or opposing candidates or ballot propositions. 2.  Washington must have jurisdiction over an out-of-state political committee in order to impose its campaign reporting requirements.  To obtain jurisdiction there must be purposeful minimum contacts between the out-of-state organization and Washington.  This is a factual question that must be determined on a case by case basis, however, the act of making contributions in Washington establishes the necessary jurisdiction. 3.  If Washington does not have jurisdiction over an out-of-state political committee, it is not required to file reports with the state.  However, if this nonreporting committee subsequently makes contributions to candidates in Washington, it must file a report pursuant to RCW 42.17.090(1)(k) as a nonreporting political committee or its contribution will be forfeited to the state.

AGO 2005 NO. 5 >

1.  A public library organized under RCW 27.12 may not charge “user fees” for public access to library materials.  2.  A public library has authority to assess and collect reasonable fines as a penalty for keeping loaned library material beyond its due date.

AGO 1985 NO. 9 >

Where a district justice court imposes a fine and then suspends a portion of that fine pursuant to RCW 3.62.010 and/or RCW 3.66.086 [3.66.068], the public safety and education assessment provided for in RCW 3.62.090 is only to be based upon the portion of the fine which is not suspended.

AGO 1976 NO. 13 >

If a given county, during 1976, elects to relinquish fines and bail forfeitures for game law violations and to receive payments in lieu of property taxes instead, as provided for by RCW 77.12.201, and notice of this election is transmitted to the director of the state game department prior to January 1, 1977, the first calendar year during which the county will relinquish said fines and forfeitures and receive payments in lieu of taxes instead will be 1978.

AGO 1976 NO. 19 >

(1) All traffic offenses covered by RCW 46.61.010, as amended by § 1, chapter 95, Laws of 1975-76, 2nd Ex. Sess., including those for which no term of confinement may be imposed, nevertheless constitute crimes (misdemeanors) for which an individual may be arrested and prosecuted in the normal manner provided for by law.   (2) Where a person has been charged with and convicted of a traffic offense for which, under RCW 46.61.010, as amended, no sentence of confinement may be imposed, and that person has been ordered to pay costs as provided for under chapter 96, Laws of 1975-76, 2nd Ex. Sess., he may then be committed to jail for contempt of court for a willful failure to comply with that order in accordance with the provisions of § 3(2) of chapter 96, supra .

AGLO 1978 NO. 25 >

(1) Except as provided by some other law to the contrary in a particular case, RCW 10.82.070 requires that all fines imposed by a superior court be transmitted by the county treasurer to the state general fund.

(2) The provisions of RCW 10.82.070 are applicable to the distribution of fines imposed by a superior court following a defendant's conviction therein on appeal from his or her earlier conviction by a district justice court.

(3) Likewise, the provisions of RCW 10.82.070 are applicable with respect to any fines imposed by a division of the superior court functioning as a juvenile court with respect to juvenile traffic offenders.

AGLO 1973 NO. 94 >

(1) Where, pursuant to RCW 3.62.070, no filing fee is to be assessed or collected other than as a part of the fine or penalty imposed upon conviction, no such filing fee is to be assessed if no fine or penalty is imposed.
 
(2) Where a fine or penalty is imposed in such a case, $4.00 of that fine or penalty represents "costs" which may not be suspended.
 
(3) The portion of the fine or penalty in such a case which represents a nonsuspendible filing fee is to be deemed a part of the fine or penalty for purposes of determining the traffic safety education penalty assessment under RCW 46.81.030.

AGO 1949 NO. 165 >

Fines collected for violations of the state liquor laws by a justice of the peace who is also a police judge should be remitted to the city wherein that court is seated and all other fines should be distributed to the county wherein the court imposing such fines is located.