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AGO Opinion Archives 2010-2014
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AGO 2012 No. 1 >  February 9, 2012
CITIES - LAW AGAINST DISCRIMINATION - PREEMPTION
Whether State Law Requiring Food Establishments To Accommodate Trained Guide Dogs And Miniature Horses Preempts An Ordinance Of A First Class City Requiring Accommodation Of A Broader Class Of Animals

An ordinance of a first class city that prohibits food establishments from treating people differently based upon the use of additional types of service animals is not preempted by a state law prohibiting different treatment based only on the use of trained guide dogs and miniature horses.

AGO 2012 No. 2 >  February 9, 2012
HEALTH - TRANSIENT ACCOMODATIONS
Inspection Of Occupied Hotel And Motel Rooms

The Department of Health is precluded by statute from inspecting occupied rooms when conducting inspections of transient accommodations, without regard to presence or consent of the occupant.

AGO 2012 No. 3 >  April 20, 2012
TAX TITLE LAND - TAXATION - LEINS
Deferral Of Property Taxes

The lien in favor of the state for payment of deferred property taxes and special assessments created under RCW 84.38.100 is canceled when a county acquires title to the property through foreclosure for delinquent taxes.  Where the county later sells such property, sales proceeds are apportioned pursuant to RCW 36.35.110.

AGO 2012 No. 4 >  May 15, 2012
COUNTIES - COUNTY COMMISSIONER - CONTRACT - LEGISLATIVE AUTHORITY
Power Of County Legislative Authority To Enter Into Contract That Binds The County Legislative Authority In The Future

A county legislative authority is generally prohibited from entering into contracts that bind the future legislative actions of the county.  The application of this principle depends upon a distinction between actions that are legislative in nature and those that are merely administrative or proprietary.

AGO 2012 No. 5 >  May 28, 2012
BONDS - EDUCATIONAL SERVICE DISTRICTS
Authority Of Educational Service Districts To Issue Bonds

1. The word “instrument” in RCW 28A.310.200 is sufficiently broad to authorize educational service districts to issue bonds within the borrowing authority granted by that statute. 2. Educational service districts must pledge as collateral property acquired through the issuance of the bonds authorized by RCW 28A.310.200. 3. RCW 39.46 applies to educational service districts that choose to exercise the authority granted under it. 4. Educational service districts that use the provisions of RCW 39.46 must also comply with compatible educational service district-specific requirements in RCW 28A.310.200. 5. Statutory and constitutional debt limitations do not apply to educational service districts.

AGO 2012 No. 6 >  July 26, 2012
COUNTIES - COUNTY TREASURER - CHARTERS
Power Of County Legislative Authority To Suspend County Treasurer

1.  The legislative authority of a charter county has the authority to suspend the county treasurer from office under RCW 36.29.090.  RCW 36.29.090 authorizes the legislative authority to suspend a county assessor-treasurer from his or her duties as treasurer, but not from duties as assessor.    2.  For purposes of RCW 36.29.090, an action based upon “official misconduct” is a civil or criminal lawsuit alleging official misconduct and would include recall petitions, criminal prosecutions, and civil actions on required bonds posted by county treasurers to ensure the faithful performance of their duties.    3.  The legislature may, by general law, authorize the legislative authority of charter counties to suspend county treasurers or treasurer-assessors from their duties so long as the legislature’s action does not violate constitutional limitations generally applicable to legislative actions.

AGO 2012 No. 7 >  November 20, 2012
MEDICINE - PHYSICIANS
Application Of RCW 19.68.010 To Donations For Electronic Health Record RCW 19.68.010, Washington’s anti-rebate statute, precludes a donation by a clinical laboratory to a physician for the purpose of paying a portion of the cost of software for the physician’s electronic health record system, in connection with the receiving physician either continuing or establishing a referral arrangement with the donating laboratory.
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