AGO Opinions

AGO 2012 No. 7

Tue, 20 Nov 2012 08:00:00 GMT

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.

AGO 2012 No. 6

Thu, 26 Jul 2012 07:00:00 GMT

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. 5

Mon, 28 May 2012 07:00:00 GMT

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. 4

Tue, 15 May 2012 07:00:00 GMT

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. 3

Fri, 20 Apr 2012 07:00:00 GMT

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. 1

Thu, 09 Feb 2012 08:00:00 GMT

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

Thu, 09 Feb 2012 08:00:00 GMT

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 2011 No. 2

Wed, 07 Sep 2011 07:00:00 GMT

COUNTIES - CITIES - DISTRICTS - INTERLOCAL COOPERATION ACT - BIDS-Requirement That Local Agencies Comply With Procurement Procedures For Architectural And Engineering Services

Cities, counties, and special districts cannot contract directly with another agency for architectural and engineering services without first complying with the procurement procedures set forth in RCW 39.80, except where the legislature has granted specific statutory authority to do so.

AGO 2011 No. 1

Wed, 31 Aug 2011 07:00:00 GMT

TRAFFIC INFRACTIONS - SCHOOL PROPERTY - FINES-Application Of Statute Doubling Monetary Penalty For Speeding In A School Or Playground Speed Zone

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 2010 No. 10

Tue, 21 Dec 2010 08:00:00 GMT

COUNTIES - COUNTY TREASURERS - MUNICIPAL CORPORATIONS - TAXES - INTEREST-Sweeping Interest And Investment Returns Into County Current Expense Fund

RCW 36.29.020 allows a county treasurer to allocate the interest and investment returns earned on the investment of a county’s own funds into the county current expense fund, except for county funds as to which the legislature has specifically provided that interest and investment returns are to be dedicated to a specific purpose, or be retained in their original fund.

AGO 2010 No. 9

Tue, 30 Nov 2010 08:00:00 GMT

OPEN PUBLIC MEETINGS ACT-Meetings Of Committee Attended By Other Members Of Governing Body
The Open Public Meetings Act requires that notice be properly given of a meeting of the governing body. This requirement is not satisfied by notice given for a meeting of a standing committee of a city council as a governing body, where a quorum of members of the city council attend the meeting and take action as defined in the act, such that a meeting of the city council as a governing body takes place.

AGO 2010 No. 8

Fri, 05 Nov 2010 07:00:00 GMT

PROPERTY TAX ASSESSMENT - EMERGENCY MEDICAL SERVICES - CITIES AND COUNTIES-Whether A Property Tax Assessment Levied By A City Divided Between Two Counties Must Be Reduced Based Upon A Property Tax Levy Imposed By One County But Not The Other

If a city divided between two counties imposes a property tax levy to pay for emergency medical services, and one of the counties imposes its own levy for the same purpose, but the other county does not, RCW 84.52.069 does not require the city to reduce its property tax levy.

AGO 2010 No. 7

Wed, 15 Sep 2010 07:00:00 GMT

MINIMUM WAGE-Annual Adjustment Of Minimum Wage Following Decrease In Cost Of Living

Initiative 688 requires the Department of Labor and Industries to hold the minimum wage steady in years following a decline in the cost of living, until the cost of living returns to its previous peak. Thereafter, the Department of Labor and Industries is required to increase the minimum wage as the cost of living increases, but the law does not permit the minimum wage to decrease when the cost of living declines.

AGO 2010 No. 6

Wed, 01 Sep 2010 07:00:00 GMT

WAGES - DEPARTMENT OF LABOR AND INDUSTRIES - PUBLIC EMPLOYEES-Application Of Wage Payment Act To Employees Of State And Local Governmental Agencies

The Wage Payment Act applies to complaints by state and local public employees.

AGO 2010 No. 5

Wed, 07 Jul 2010 07:00:00 GMT

TAXATION - TAX LEVIES - TIMBER - TREASURER-Distribution Of Timber Excise Tax Revenues

When county timber excise tax revenues received during the third and fourth quarters of a year are insufficient to fully satisfy the first and second priorities for revenue distribution under RCW 84.33.081(2) and (4), distributions made to lower-priority districts during the first and second quarters of that year may not be taken back and redistributed to first- or second-priority districts.
School district property tax rates may not be adjusted during a tax year when timber excise tax revenues fall short of projections used in calculating the tax rate and levying property taxes for the year.