Washington Attorney General Opinions
Free plain-English summaries of attorney general opinions issued in Washington, with full citations and the original source on every page.
Is a construction project on leased public land that is funded entirely by a private nonprofit a 'public work' under Washington law, requiring competitive bidding and prevailing wages?
Maybe. The Washington AG concluded that the public-works classification is highly fact-specific. A privately funded project on leased public land is *very likely* a public work if the private entity r…
When a Washington juvenile court clerk gets a request from the Office of Public Defense or the Office of Civil Legal Aid for dependency or termination case records, does the clerk have to provide them, and can the clerk require those agencies to file a notice of appearance first?
Yes to providing the records, no to the notice-of-appearance requirement. The Washington AG concluded that RCW 13.50.010(13) and (14) obligate court clerks (as the actual custodians of court records) …
Can a Washington city or county use its hotel-motel (lodging) tax revenues to repay revenue bonds issued to finance affordable workforce housing built within one-half mile of a transit station?
Yes. The Washington AG concluded that RCW 67.28.160(1) (amended in 2015) specifically authorizes any municipality to pledge lodging tax revenues to repay revenue bonds for affordable workforce housing…
Can a Washington prosecutor remove a law enforcement officer's name from the office's potential impeachment disclosure (Brady) list, and what circumstances justify removal?
There is no authority for removing an officer's name from a Brady list based simply on the passage of time. Other circumstances (a 'pending' status investigation that exonerates, or new information th…
Can Washington county commissioners enact midterm increases to their own health insurance contributions, cash-in-lieu payments, or convert health benefits to cash before their next term begins?
Possibly to the first, no to the other two. The Washington AG concluded that midterm increases to the cost of a health-benefit plan that meets RCW 41.04.180 are not constitutionally barred (because RC…
If I own an assault weapon under Washington law and want to sell it through a pawn shop to someone out of state, can I, and can the pawn shop legally complete the transfer?
Yes, all three pieces work, with the usual licensing strings attached. AGO 2024 No. 4 says: (1) an assault-weapon owner who is legally authorized to transfer the weapon can sell it to a properly licen…
After January 1, 2025, can a small Washington county still ask its elected prosecutor to also serve as the county coroner, or did the 2021 statute end that arrangement?
It ended the arrangement. AGO 2024 No. 3 says that once the 2021 amendments to RCW 36.16.030 took effect on January 1, 2025, small counties (under 40,000) lost the statutory authority that historicall…
Can a Washington county run its own basic corrections officer training academy and certify its corrections officers, or does that have to go through the state Criminal Justice Training Commission?
Statute would let a county run the training, but right now, in practice, no. AGO 2024 No. 2 says RCW 43.101 authorizes the Criminal Justice Training Commission to approve county-run basic corrections …
If a Washington superior court judge is sitting as a visiting judge in another county, can they hold the hearing in their own home courthouse, appear remotely, and bring along their own court commissioner?
The default answer is no, with two real exceptions. AGO 2024 No. 1 says that a visiting superior court judge ordinarily must travel to the county being visited and hold the hearing there, and that the…
If a pawnshop took someone's assault rifle as collateral on a loan, does the 2023 Washington ban let the pawnshop give the rifle back when the loan is paid, and what happens if the loan defaults?
Returning is fine; selling is mostly not. AGO 2023 No. 5 says SHB 1240's ban on manufacturing, importing, distributing, selling, or offering to sell assault weapons does not bar a pawnbroker from retu…
Does Washington's 2023 assault-weapon law (SHB 1240) cover rim-fire rifles like a .22 caliber semi-auto, or only center-fire rifles?
Sometimes yes. AGO 2023 No. 4 says some rim-fire semi-autos are covered. The statute, RCW 9.41.010(2)(a), defines an 'assault weapon' to include any of 62 named firearms (some of which come in rim-fir…
Can a Washington city or county shut down an existing mobile home park by rezoning the area, even when the rezoning is meant to protect a nearby military base under the Growth Management Act?
No. AGO 2023 No. 3 says that RCW 35.63.161, RCW 35A.63.146, and RCW 36.70.493 (cities, code cities, counties) flatly prohibit a local government from ordering the removal or phased elimination of an e…
Can a Washington school district run its own health clinic on campus, lease space to one, or use district funds to advertise it?
It can host but not run one. AGO 2023 No. 2 says a Washington school district still has no statutory authority to operate or establish a health clinic itself. But under RCW 28A.605.040 (added in 2010)…
After Washington's 2021 and 2022 police-reform laws, can an officer use physical force when rendering emergency aid, can an officer use a chokehold to save a life, and how strictly should courts read the law's words like 'available' and 'appropriate'?
Force during emergency aid is sharply limited; chokeholds remain banned but officers have a defense; and the words mean what they ordinarily mean. AGO 2023 No. 1 says officers cannot use physical forc…
Can Washington's Commission on Judicial Conduct adopt a rule letting it ask the state Supreme Court to temporarily suspend a judge who's been charged with a felony or has a serious disability, before completing the full disciplinary process?
Probably not. AGO 2022 No. 4 says the Commission on Judicial Conduct most likely lacks the authority to write a rule allowing it to recommend a judge's interim suspension before completing the article…
In Washington, when does a building plan have to be stamped by an architect, when can an engineer stamp it, and who decides?
There is no bright-line rule. AGO 2022 No. 3 says Washington law lets engineers stamp design documents that draw on engineering education and the mathematical and physical sciences, and lets architect…
Does Washington's Open Public Meetings Act require the Eastern Washington University faculty academic senate to hold its meetings in public?
No, on these facts. AGO 2022 No. 2 says the EWU Academic Senate is not subject to the Open Public Meetings Act because (1) the Board of Trustees did not create it (the faculty did), and (2) it does no…
After Washington's 2021 police-reform law (E2SHB 1310), when can a police officer use physical force on someone, and does that include reasonable-suspicion stops or taking a person to a mental-health hold?
Force is sharply restricted. AGO 2022 No. 1 says E2SHB 1310 likely makes its list of permissible uses of force exclusive: officers may use physical force only to (1) protect against criminal conduct w…
Can the Washington State Board of Accountancy discipline a CPA who works for the State Auditor for things they did as part of their job?
Probably not. The AG concluded that RCW 18.04.350(12), which says nothing in the Public Accountancy Act prohibits any act or words by a public official or employee in the performance of duties, likely…
Does a Washington fire protection district have to provide fire and emergency services on a tribal reservation, and how are fees set?
Yes. Once a fire protection district draws boundaries that include reservation land, it must serve everyone and everything inside those boundaries, including tax-exempt tribal property. The district c…
Can a licensed engineer in Washington stamp and sign architectural drawings to submit for a building permit?
No, not anymore. The AG concluded that since the 2010 amendments to RCW 18.08.410, engineers no longer fit any exemption that allows stamping architectural drawings. Doing so is potentially unlicensed…
Are state, county, and city elected officials in Washington 'employees' under the Paid Family and Medical Leave Act, and do they have to pay PFMLA premiums?
Yes to both. AGO 2021 No. 1 concluded that elected officials at the state, county, and city level qualify as 'employees' under Washington's Paid Family and Medical Leave Act (PFMLA) and that PFMLA pre…
Can a Washington physical therapist or occupational therapist co-own a clinic with a physician, chiropractor, or other health care professional?
No. Under the Professional Service Corporation Act, the 21 health care professions listed in RCW 18.100.050(5)(a) (medicine, osteopathy, chiropractic, optometry, etc.) can co-own one professional serv…
Can a Washington pharmacist actually diagnose a patient under a collaborative drug therapy agreement, and can a physician or physician assistant authorize a pharmacist to do so?
Yes, in limited circumstances. RCW 18.64.011(28) lets a pharmacist initiate or modify drug therapy under written guidelines and protocols established by a prescriber. The AG concluded that this author…
Is a federally licensed firearms dealer, manufacturer, or importer who repairs guns considered a 'federally licensed gunsmith' exempt from Washington's universal background check rule when receiving and returning a customer's firearm?
Yes, with limits. A person licensed as a 'dealer' under 18 U.S.C. § 923(a) is a federally licensed gunsmith when engaged in the business of repairing or modifying firearms. A licensed manufacturer or …
Can legal aid lawyers visit migrant farm workers at the labor camps where they live, even if the employer who owns the camp tells them to leave?
Yes, in most cases. The AG concluded that migrant workers in labor camps are tenants with the right to invite guests, and that even uninvited legal advocates have First and Fourteenth Amendment rights…
Does a Washington school district have to put construction management or related design-phase services out for competitive bid if it routes the contract through an educational service district?
Yes, once the project's estimated cost reaches $100,000. The AG concluded that construction management, value engineering, constructability review, and building commissioning all qualify as 'other wor…
Under Washington's amended landlord-tenant statute, when can a service member terminate a residential lease, and what is the effective date of that termination?
Service members could clearly terminate after retirement or separation if their pre-service home of record was 35+ miles from the rental, and termination was generally effective on the date specified …
Can a sitting Washington county commissioner or councilmember be appointed by their own county legislative body to fill a vacant state legislative seat?
Yes. The AG reversed a series of opinions issued from 1965 to 1987. The Washington Constitution sets only two qualifications for state legislators (citizenship and being a qualified voter in the distr…
When both the Washington governor and lieutenant governor are out of state at the same time, who has the legal authority to act as governor?
The elected governor still does. The constitution and statutes line up the lieutenant governor as acting governor when only the governor is gone, but neither extends the line of succession to other of…
Can a joint self-insurance pool pick the lawyer who defends a Washington county against a tendered claim, without the elected county prosecutor's consent?
Generally no. Defending the county and advising county officials are core constitutional and statutory functions of the elected prosecuting attorney. The pool's authority under RCW 48.62.031(4)(b) to …
Can a Washington county refuse to release electronic property tax records to a commercial requestor because the records can be sorted to display owner names?
Yes. The Public Records Act bars an agency from giving access to 'lists of individuals' for commercial purposes (RCW 42.56.070(8)). The AG concluded that this prohibition reaches electronic records th…
Could a state require presidential and vice-presidential candidates to release their tax returns as a condition of appearing on the ballot?
Probably yes, though the AG flagged the analysis as a close call. The Presidential Qualifications Clause likely is not violated because tax disclosure is not the kind of inherent qualification (citize…
Could Washington physician assistants and advanced registered nurse practitioners perform pre-viability aspiration procedures within their scope of practice?
Yes. The 2019 Washington AG opinion read the Reproductive Privacy Act together with the physician assistant and advanced registered nurse practitioner statutes to allow PAs and ARNPs to perform pre-vi…
Can a Washington local clean air agency regulate odors from cannabis production facilities, including by setting standards stricter than the state's, and what procedures must it follow?
Yes. Local clean air agencies have broad statutory authority to regulate odors as 'air contaminants' under the Clean Air Act, can set rules stricter than state standards, and need not wait for the Dep…
Who qualifies for paid sick leave under Washington's Initiative 1433, by when does an employer have to allow accrued leave to be used in 2018, and does the 40-hour carryover rule apply to front-loaded leave?
Same employee definition as the rest of the Minimum Wage Act (RCW 49.46.010(3)). Employees who had been with the employer for 90 days as of January 1, 2018, were entitled to use leave on that date. An…
Can a Washington city or county LEOFF Plan 1 disability board reimburse a retired law enforcement officer or firefighter for state-authorized medical marijuana, and could that put the jurisdiction's federal funding at risk?
Yes to reimbursement, qualified yes on federal funding. The AG concluded that LEOFF Plan 1 disability boards have discretion to fund medical services beyond the statutory minimums when medically neces…
Do the limits in RCW 54.28 on city utility taxes (including the carve-out from 'gross revenue') restrict a First Class city's authority under RCW 35.22.280(32) to tax investor-owned utilities?
No for investor-owned utilities, yes for public utility districts. The AG concluded that a First Class city's general business-licensing authority in RCW 35.22.280(32) supports a utility tax on invest…
Could a Washington city, county, or school district let 17-year-olds vote in local elections, and could the legislature authorize that by statute?
No to both. The AG concluded that Article VI, section 1 of the Washington Constitution sets mandatory qualifications for voting in 'all elections,' including a minimum age of 18. A local measure or a …
Does Washington have to enforce a domestic violence protection order issued by another state's court or by an Indian tribal court, and does the order have to be registered first?
Yes to enforcement and no to registration. Federal law (18 U.S.C. § 2265) and the Washington Foreign Protection Order Full Faith and Credit Act (RCW 26.52) require Washington courts and police to hono…
Can the Washington State Auditor audit UW Physicians, the nonprofit corporation that provides medical services through the University of Washington School of Medicine?
Likely yes. The AG concluded that the University exercises so much control over UW Physicians (UWP) that a court would treat it as the functional equivalent of the University for state-auditor purpose…
Can a Washington school district count a full day of parent-teacher conferences as one of the 180 required school days, or does it need a waiver from the State Board of Education?
The AG concluded that a full day of parent-teacher conferences likely counts as a 'school day' under RCW 28A.150.220(5)(a), so no waiver is required. The AG flagged the question as close enough that a…
Are Washington's Ferry Advisory Committees and the Ferry Advisory Executive Committee subject to the Open Public Meetings Act?
The local Ferry Advisory Committees yes, because their advice is a legally required step before the Department of Transportation can change fares or service levels. The Ferry Advisory Executive Commit…
Can a Washington mosquito control district charge state-owned property a special assessment for mosquito-control work?
No. The AG concluded that a mosquito control district has no power to assess state property, because RCW 17.28.255 does not expressly include state-owned land and Washington courts require an express …
Does a Washington school board member or city council member break the law by sharing what was discussed in a properly closed executive session?
Yes, with conditions. The AG concluded that the Open Public Meetings Act creates a duty of confidentiality for information learned in a properly convened executive session, when the information falls …
Could the Washington legislature combine the independent Citizens' Commission on Salaries for Elected Officials with another state agency, and could the Commission hold its required public meetings entirely by telephone conference call?
Yes to both, with conditions. Combination is allowed only if the Commission's constitutional 'independence' in setting salaries is preserved and any composition change passes by two-thirds vote. Telep…
Who controls the unclassified (exempt) positions in a Washington county sheriff's office, the sheriff or the county commissioners, and who sets the salaries?
Authority is split. The county commissioners create positions, fund the sheriff's office, and set compensation. The sheriff selects which authorized positions are unclassified, sets job titles and job…
Did Washington's Initiative 200 (RCW 49.60.400) bar all race- or gender-conscious measures in state contracting?
No. The 2017 Washington AG opinion concluded that Initiative 200 prohibited only 'reverse discrimination' in which the State used race or gender to pick a less-qualified contractor over a more-qualifi…
Does a Washington county lose its eligibility for state Rural Arterial Program fuel-tax funds if it spends county road levy money on traffic prosecutions, court costs, indigent defense, jail, or coroner services?
Likely yes for all five categories. Incarceration and coroner activities are not 'highway purposes' under Article II, section 40 of the state constitution. Costs of traffic prosecution, defense, and a…
Can a hobbyist fly a drone within 200 yards of a Washington orca, or is that a violation of state law?
The AG concluded that drones are most likely 'other objects' under RCW 77.15.740(1)(a), so flying a drone within 200 yards of a Southern Resident orca whale is most likely unlawful. The statute's broa…
Can the same person serve on a Washington school board and a city planning commission at the same time?
The AG concluded that, although it's an extremely close call, school director and city planning commissioner are likely incompatible offices because the planning commission's land-use work and the sch…
Does Washington's fish-protection permit (HPA) reach work done above a river's high-water line, like bulldozing a steep bank or building in a floodway?
The AG concluded that WDFW's HPA jurisdiction is not limited to work at or below the ordinary high water line. The Hydraulic Code defines a 'hydraulic project' by its effect on state waters, not its l…
Can a Washington state agency lobby the legislature for budget items the governor's office didn't include?
The AG concluded that the Public Works Board has authority under RCW 42.17A.635 to provide the legislature with information about Board business and to advocate for the Board's official positions and …
Are Washington optometrists allowed to use a corneal burr (a small drill used to remove rust rings from the eye)?
It depends on what the burr does in a specific use. The AG concluded that if a corneal burr removes or penetrates eye tissue to treat disease or enhance cosmetic appearance, that is ophthalmic surgery…
Are Washington physical therapists allowed to perform 'dry needling' (insertion of solid filiform needles into trigger points to treat pain and movement impairments)?
No. The AG concluded that dry needling did not fall within the statutory scope of physical therapy practice in RCW 18.74. The opinion did not take a policy position on whether dry needling should be a…
Does a Washington city or county create 'debt' under the constitutional or statutory debt limits when it enters a performance-based energy contract that includes a lease-purchase agreement with a non-appropriation clause?
Probably not for the constitutional debt limit, but probably yes for the statutory debt limit. The AG concluded a non-appropriation lease likely does not create constitutional debt under Department of…
Can a Washington noncharter code city change its city-council election system from at-large general elections to district-based general elections to avoid violating the federal Voting Rights Act?
Yes, but only on a strong evidentiary record. State law (RCW 35A.12.180) requires general elections at large in noncharter code cities, but the AG concluded a city may deviate when it has a strong bas…
Can Washington state matching dollars in the Opportunity Scholarship be invested in private company stocks the way the Washington Investment Board invests pension money?
The AG concluded the state matching funds are likely public funds, so article XII, section 9 of the Washington Constitution likely prohibits investing them in private stocks. The match account starts …
Can a Washington home-rule county make its prosecuting attorney a nonpartisan office?
The AG concluded that article XI, section 4 of the Washington Constitution does not prohibit a home-rule county from providing in its charter that the prosecuting attorney is elected as a nonpartisan …
Can residents of a Washington city that's part of a county library district force a vote to start their own city library?
The AG concluded that a 100-taxpayer petition under RCW 27.12.030 cannot force an election on starting a city library while the city is annexed to a rural library district, because two overlapping lib…
Can a Washington police records clerk accept someone into custody on a walk-in surrender, or does it have to be a commissioned officer?
The AG concluded that accepting a voluntary surrender on a warrant is an arrest, and CrR 2.2(d)(1) limits warrant execution to a 'peace officer.' That term, read together with RCW 9A.04.110(15) and RC…
Can a small Washington city keep charging high utility rates and move the surplus into the general fund, or does it have to drop rates?
The AG concluded that a second-class city subject to RCW 35.23.535 has the discretion either to reduce utility rates or to transfer the excess to the current expense fund. But persistent, large surplu…
Can a Washington county let off-road vehicles or wheeled ATVs use roads with speed limits above 35 mph?
The AG concluded that counties may designate any road or highway, regardless of its speed limit, as suitable for off-road vehicle use under RCW 46.09.360. But the same authority does not extend to whe…
Can Washington's Forest Practices Board freeze logging applications on slide-prone slopes after a disaster like Oso?
The AG concluded that the Forest Practices Board cannot impose a flat moratorium on accepting or approving forest practices applications, but it can adopt an emergency rule under the APA that effectiv…
Do Washington police officers need a citizen's consent before recording with a body camera, and what happens to those recordings under public records law?
The AG concluded that the Washington Privacy Act does not require all-party consent to record on-duty officer interactions with the public, because such conversations are not 'private' under the statu…
Can two Washington county commissions hold a joint meeting in person across the county line, or do they have to use video conferencing?
The AG concluded that county commissioners cannot transact county business at a meeting held outside their own county unless a specific statutory exception applies. They can, however, hold a joint mee…
Can a person with a felony-equivalent conviction from a foreign country (Canada, UK, etc.) get a concealed pistol license in Washington?
No. The AG concluded that 'or elsewhere' in RCW 9.41.040 reaches foreign-country convictions. If the foreign offense is comparable to a Washington felony or serious offense, the applicant cannot lawfu…
Can a Washington state agency union negotiate a supplemental pension or retiree health-care plan during contract bargaining?
No. The AG concluded that RCW 41.80.040(5) makes 'retirement plans and retirement benefits' an illegal subject of bargaining for state employees. That covers both supplemental pensions outside state-c…
After Washington voters passed Initiative 1185 requiring legislative approval for fee increases, did the Transportation Commission lose its power to set tolls and ferry fares?
No. The AG concluded that I-1185, like its predecessors I-960 and I-1053, simply requires that a fee increase have legislative approval at some point, but did not repeal the hundreds of pre-existing s…
Is a Washington nonprofit that sponsors a search-and-rescue or emergency-response team made up of its members shielded from lawsuits when those volunteers cause harm?
Only sometimes. The AG concluded that RCW 38.52.180(3)(d) and (f) immunity reaches an organization only if it actually employs the volunteers (a fact-specific question that usually requires payment fo…
Can a Washington city or county ban state-licensed marijuana producers, processors, or retailers from operating in its jurisdiction?
Yes. The AG concluded that Initiative 502 created a state licensing system but did not preempt local police-power authority. Cities, towns, and counties could ban licensed marijuana businesses outrigh…
When a Washington county prosecutor's seat opens up, what happens if the appointee turns the job down? Does the deadline reset?
The 60-day clock for the county commission resets. The appointee declining creates a new vacancy, the party submits a fresh three-name list, and a new 60 days runs. Commissioners cannot pick someone o…
When Washington's Energy Independence Act tells a utility to use methods 'consistent with' the most recently published regional power plan, does that mean the plan from when the law passed, or whatever plan is current today?
The Fifth Power Plan, the one in place when voters passed Initiative 937 in 2006. But 'methodology' means analytical steps, not specific savings values, so utilities still have to update their biennia…
What can a Washington junior taxing district like a park district actually spend its 'tier one' timber excise tax revenues on?
Only debt service and capital project payments tied to the specific RCW 84.52.056 voter-approved bonds (or RCW 84.52.053 school capital levies) that qualified the district as tier one. Once those bond…
If a Washington fire district renews its EMS levy at a higher rate, does it still need a 60% supermajority, or just a simple majority?
It still needed 60%. The AG concluded that the 'uninterrupted continuation' simple-majority option in RCW 84.52.069(2) only applied when the rate stayed the same. Any increase was a new initial levy a…
Can a Washington public hospital district contract with a religiously affiliated provider that won't perform abortions or provide contraception, and skip those services itself?
No. The AG concluded that under RCW 9.02.160, if a public hospital district provides maternity care (directly or by contract), it must also provide substantially equivalent benefits, services, or info…
Can a Washington irrigation district sign a contract that lets it be on the hook for the federal Bureau of Reclamation's mistakes?
No. The AG concluded that irrigation districts could contract with the United States but could not indemnify the federal government, because they have only the powers expressly granted by statute, and…
Does a Washington transit agency need a public vote to start a high-capacity transportation system if it isn't using the state's dedicated tax sources?
It depends on the committee structure. The AG concluded that voter approval of the system plan was only required if the transit agency participated in a 'joint regional policy committee', which mainly…
Can a Washington clinical laboratory pay for a doctor's electronic health records software in exchange for the doctor sending lab work to that lab?
No. The Washington AG concluded that paying for a physician's EHR software, when the donations went only to physicians who referred specimens to the donating laboratory, was an unlawful rebate under R…
Can a charter county in Washington suspend an elected treasurer who is under investigation for misconduct?
Yes. RCW 36.29.090 lets the legislative authority of a charter county suspend a county treasurer (or treasurer-assessor, as to treasurer duties) once a civil or criminal action alleging official misco…
Can a Washington educational service district borrow money by issuing bonds, and if so, what statutory framework applies?
Yes. The word 'instrument' in RCW 28A.310.200 is broad enough to include bonds, so educational service districts have bond-issuance authority. They must pledge as collateral the property acquired thro…
How far can a Washington county board of commissioners go in signing long-term contracts that lock in current policy choices and limit what future boards can do?
Not as far as the board of the day might wish. The case law bars contracts that bind 'core legislative powers' of future commissioners, but allows contracts that carry out 'administrative' or 'proprie…
When a senior citizen's property is foreclosed for delinquent taxes and ends up in the county's hands, does the Washington Department of Revenue's lien for unpaid deferred taxes survive? If the county later sells the property, does the Department get paid first?
No to both. RCW 84.38.100's deferral lien is canceled when the county takes title at a tax foreclosure, just like other tax liens. When the county later sells the property, RCW 36.35.110 apportions th…
Can a Washington Department of Health inspector enter an occupied hotel or motel room with the guest's permission to check for health and safety violations as part of a routine licensing inspection?
No. RCW 70.62.250(2) specifically prohibits the Department of Health from entering occupied rooms during transient-accommodation inspections, even if the guest is present and consents. The proviso is …
If Washington state law only requires Seattle restaurants to accommodate trained guide dogs and miniature horses, can Seattle still enforce its broader ordinance covering more types of service animals?
Yes. RCW 49.60.218 narrowed state law's service-animal accommodation requirement for food establishments to dogs and miniature horses, but it does not preempt a first-class city's ordinance requiring …
Can a Washington city, county, or special district skip Washington's qualifications-based architect/engineer procurement process by just contracting with another government agency that already employs those professionals?
No, generally. RCW 39.80 requires every state and local agency and special district to follow its publication, firm-selection, and negotiation procedures when buying architectural or engineering servi…
If a driver gets a speeding ticket near a school crosswalk in Washington, does the doubled fine in RCW 46.61.440(3) apply, or does it only apply to the broader local-government school speed zones added later?
The doubled fine applies to both. RCW 46.61.440(3) doubles the monetary penalty for speeding in any 'school or playground speed zone,' which includes both the crosswalk-based 300-foot zone in subsecti…
Can a Washington county treasurer sweep the interest earned on county investment funds into the county's general (current expense) fund, or must the interest stay with the original fund it was earned on?
Yes, generally. RCW 36.29.020 lets the county treasurer move interest earned on county funds into the county current expense fund, because counties qualify as 'municipal corporations.' But three statu…
When a quorum of a Washington city council shows up at a noticed standing-committee meeting, does that count as a separate council meeting needing its own special-meeting notice under the Open Public Meetings Act?
Yes, if the council members take action while at the committee meeting. A quorum's mere presence is not enough, but if the assembled council members deliberate, discuss, take testimony, or otherwise t…
If a Washington city sits in two counties (one with an EMS property tax and one without), must the city reduce its own EMS levy because of the one county's overlapping tax?
No. RCW 84.52.069(6) only addresses cities that lie entirely within one county. A city like Milton, which is divided between King County (which has its own EMS levy) and Pierce County (which does not)…
After the 2008 recession dropped the cost of living, did Washington's voter-passed minimum wage law require Labor & Industries to bump the minimum wage back up automatically as soon as inflation returned, even before the cost of living recovered to pre-recession levels?
No. Initiative 688 (RCW 49.46.020(4)(b)) treats the minimum wage as a one-way ratchet during a downturn-recovery cycle. L&I cannot reduce the minimum wage when CPI-W declines, but it also cannot raise…
If a Washington state, city, or county employee thinks their employer shorted them on wages, can they file a complaint with Labor & Industries and get an investigation?
Yes. The 2006 Wage Payment Act (RCW 49.48.082-.087) covers public employees, even though the older 1935 wage-collection statutes did not. The Department of Labor & Industries must investigate wage com…
When Washington timber-tax money runs short late in the year, can the county take back what already went to lower-priority school and bond districts and redirect it, or raise the school property tax rate mid-year to make up the gap?
No to both. Once timber excise tax revenues have been distributed quarterly to lower-priority taxing districts under RCW 84.33.081, the county cannot claw the money back to satisfy higher-priority deb…
When a Washington county is in a budget pinch and a superior court judge resigns, can the county council just delete the position to save money?
No. The Washington Constitution gives the legislature, not the county, the power to set the number of superior court judges. A county that wants to reduce judgeships has to convince the legislature to…
Can a group of Washington state employees run a charity raffle and send the proceeds directly to a needy coworker, family, or friend, or must the money flow through a charitable organization?
It must flow through a charitable or benevolent entity. RCW 9.46.0209 lets state employees run charity raffles, but the proceeds cannot go directly to a 'person or family in need' the employees pick. …
Can a Washington occupational therapist legally perform sharp debridement, the cutting away of dead tissue from a wound, as part of wound care?
No. Sharp debridement falls outside the statutory scope of occupational therapy under RCW 18.59.020(2). The Occupational Therapy Practice Board's draft interpretive statement that would have permitted…
Can a Washington police agency use seized asset-forfeiture money to pay for CALEA or WASPC accreditation and the training those programs require?
Yes for general felony-forfeiture funds under RCW 10.105.010, as long as the spending does not replace existing budget. No for drug-, money-laundering-, or gambling-forfeiture funds, unless the traini…
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Attorney general opinions in Washington are written by the Washington Attorney General's office in response to questions from state agencies, legislators, and prosecutors. They are not binding like court decisions, but courts and agencies treat them as persuasive guidance on how state law applies. Every opinion above has a plain-English question and short answer, plus a link to the full original text.