Law of Washington (state)

The law of Washington consists of several levels, including constitutional, statutory, regulatory and case law, as well as local ordinances. The Revised Code of Washington forms the general statutory law.

Sources

The Constitution of Washington is the foremost source of state law. Legislation is enacted by the Washington State Legislature, published in the Laws of Washington, and codified in the Revised Code of Washington. State agency regulations (sometimes called administrative law) are published in the Washington State Register and codified in the Washington Administrative Code. Washington's legal system is based on common law, which is interpreted by case law through the decisions of the Supreme Court and Court of Appeals, which are published in the Washington Reports and Washington Appellate Reports, respectively. Counties, cities, and towns may also promulgate local ordinances.

Constitution

The foremost source of state law is the Constitution of Washington. The Washington Constitution in turn is subordinate to the Constitution of the United States, which is the supreme law of the land.

Legislation

Pursuant to the state constitution, the Washington State Legislature has enacted legislation. Its session laws are published in the Laws of Washington, which in turn have been codified, compiled, and/or consolidated in the Revised Code of Washington (RCW).[1] Both are published by the Washington State Statute Law Committee and the Washington State Code Reviser which it employs and supervises.[2][3]

Regulations

Washington State Register
The Washington State Register is the official government gazette.

Pursuant to certain statutes, state agencies have promulgated regulations, also known as administrative law. The Washington State Register (WSR) is a biweekly publication that includes notices of proposed and expedited rules, emergency and permanently adopted rules, public meetings, requests for public input, notices of rules review, executive orders of the Governor, court rules, summary of attorney general opinions, juvenile disposition standards, and the state maximum interest rate.[4][5] The Washington Administrative Code (WAC) codifies or compiles the regulations and arranges them by subject or agency, and is updated twice a month.[4][5] There are also many agencies with quasi-judicial authority to hold hearings and make decisions.[4] The Washington State Register is published by the Statute Law Committee,[6] and the Washington Administrative Code is compiled and published under the authority of its Code Reviser.[7][3]

Case law

The legal system of Washington is based on the common law. Like all U.S. states except Louisiana, Washington has a reception statute providing for the "reception" of English law. All statutes, regulations, and ordinances are subject to judicial review. Pursuant to common law tradition, the courts of Washington have developed a large body of case law through the decisions of the Washington Supreme Court and Washington Court of Appeals.

The decisions of the Supreme Court and Court of Appeals are published in the Washington Reports and Washington Appellate Reports, respectively.[8] Both are published by LexisNexis, while slip opinions are published on the Internet.[9] The Reporter of Decisions is the constitutional officer of the Supreme Court that prepares the decisions and opinions of the Supreme Court and the Court of Appeals for publication in the official court reports.[9] Cases from Washington appellate courts are also reported in the unofficial Pacific Reporter.[8] From 1854 to 1889, opinions of the territorial Supreme Court were published in the three volumes of the Washington Territory Reports.[9]

Local ordinances

The legislative bodies of counties, cities, and towns may adopt ordinances, resolutions, rules, regulations, motions, and orders, violations of which are punishable by a maximum of 90 days in jail and a $1,000 fine, or for a gross misdemeanor one year in jail and a $5,000 fine.[10][11] Alternatively, a legislative body may make an offense a civil infraction, but no city or county may establish a civil penalty for an act that constitutes a crime under state law, nor may it establish a different criminal punishment than that provided by state law for the same act.[10][11] The power of the public to initiate ordinances by petition and to have enacted ordinances referred to the voters are only available in first class cities, code cities, cities or towns organized under the commission plan of government, and home rule counties.[10][12]

All cities and towns are required to publish every ordinance in their official newspaper, although in lieu of publishing an entire ordinance a city or town may publish a summary.[10] Counties must provide advance notice of proposed police or sanitary regulations prior to adoption by the legislative body, and the notice may either set out a copy of the regulation or summarize its content.[10]

See also

Topics

Legislation

Other

References

  1. ^ "Washington Laws, Legislation & the Legislature". University of Washington School of Law. 5 June 2013. Archived from the original on 24 May 2014. Retrieved 22 May 2014.
  2. ^ RCW 1.08.015; Chapter 44.20 RCW.
  3. ^ a b "Office of the Code Reviser". Washington State Legislative Service Center. Retrieved 22 May 2014.
  4. ^ a b c "Washington State Administrative Law Research". University of Washington School of Law. 9 January 2013. Archived from the original on 24 May 2014. Retrieved 22 May 2014.
  5. ^ a b "Laws and Agency Rules". Washington State Legislative Service Center. Retrieved 22 May 2014.
  6. ^ RCW 1.08.110
  7. ^ RCW 34.05.210
  8. ^ a b "Reporters & Digests". University of Washington School of Law. 7 November 2013. Retrieved 22 May 2014.
  9. ^ a b c "Office of Reporter of Decisions". Washington State Administrative Office of the Courts. Retrieved 22 May 2014.
  10. ^ a b c d e Local Ordinances for Washington Cities and Counties (PDF). Municipal Research and Services Center. 2000. Archived from the original (PDF) on 2012-07-22.
  11. ^ a b "MRSC Inquiries - Public Safety". Municipal Research and Services Center. Retrieved 22 May 2014.
  12. ^ Initiative and Referendum Guide for Washington City and Charter Counties (PDF). Municipal Research and Services Center. 2006. Archived from the original (PDF) on 2014-07-03.

External links

List of alcohol laws of the United States

The following table of alcohol laws of the United States provides an overview of alcohol-related laws by first level jurisdictions throughout the US. This list is not intended to provide a breakdown of such laws by local jurisdiction within a state; see that state's alcohol laws page for more detailed information.

On July 17, 1984, Congress passed the National Minimum Drinking Age Act. The bill would force all states to raise their drinking age from 18, 19, or 20 to 21. States that did not choose to raise their drinking age to 21 would risk losing 10% (Changed to 8% in 2012) of federal highway funding as a penalty. As of July 1988, all 50 states and the District of Columbia had a minimum purchase age of 21, with some grandfather clauses, and with the exception of Louisiana's complicated legal situation that was not resolved until July 2, 1996. Prior to 1988, the minimum purchase age varied by jurisdiction. After Congress passed the Act, states not in compliance had a portion of their federal highway budget withheld. South Dakota and Wyoming were the final two states to comply, in mid-1988. However, most states continue to allow those under 21 to drink in certain circumstances. Examples are some states like Tennessee and Washington, which allow those under 21 to drink for religious purposes. States including Oregon and New York allow those under 21 to drink on private non-alcohol selling premises.

Unlike on the mainland, the U.S. territories of Puerto Rico and the U.S. Virgin Islands have a minimum purchase and drinking age of 18. The minimum purchase age is 21 in the Northern Mariana Islands, Guam, American Samoa, and US Minor Outlying Islands.

U.S. military reservations are exempt under federal law from state, county, and locally enacted alcohol beverage laws. Class Six stores in a base exchange facility, officers' or NCO clubs, as well as other military commissaries which are located on a military reservation, may sell and serve alcohol beverages at any time during their prescribed hours of operation to authorized patrons. While the installation commander is free to set the drinking age, with some exceptions, most stateside military bases have a drinking age that mirrors the local community.

Individual states remain free to restrict or prohibit the manufacture of beer, mead, hard cider, wine, and other fermented alcoholic beverages at home. Homebrewing beer became legal in all 50 states in 2013 as the governor of Mississippi signed a bill legalizing homebrewing on March 19, 2013 and as the governor of Alabama signed a bill legalizing homebrewing of beer and wine which came into effect on May 9, 2013. The Mississippi bill went into effect July 1, 2013. Most states allow brewing 100 US gallons (380 L) of beer per adult per year and up to a maximum of 200 US gallons (760 L) per household annually when there are two or more adults residing in the household. Because alcohol is taxed by the federal government via excise taxes, homebrewers are prohibited from selling any beer they brew. This similarly applies in most Western countries. In 1979, President Jimmy Carter signed into law a bill allowing home beers, which was at the time not permitted without paying the excise taxes as a holdover from the prohibition of alcoholic beverages (repealed in 1933). This change also exempted home brewers from posting a "penal bond" (which is currently $1000.00).

Production of distilled alcohols is regulated at the National level under USC Title 26 subtitle E Ch51. Numerous requirements must be met to do so and production carries an excise tax. Owning or operating a distillation apparatus without filing the proper paperwork and paying the taxes carries federal criminal penalties.In land or property that is being rented or owned by the federal government, state, federal district, and territory alcohol laws do not apply. Instead, only laws made by the federal government apply.

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