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.
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Did annexing land to Spokane also require annexing it to Spokane’s school district in 1966?
No, under the facts the AG examined. The annexed land belonged to a second-class district with multiple elementary sites and junior and senior high schools. The city annexation did not require a…
Did a purchaser need a motor carrier permit when the seller paid it to haul purchased goods?
Yes, under the transaction described. The AG treated the seller’s direct payment of transportation charges to the purchaser driving its own vehicle as carriage for compensation. A single-shipper…
Which pension systems could cover paid firefighters in a mixed Washington city fire department in 1966?
The AG said full-time paid firefighters in a department with paid and volunteer members could not enter the general city employees’ retirement system. The city could, but was not required to, place…
How far could Washington’s liquor board regulate liquor suppliers’ representatives under its 1966 authority?
The AG said the board could regulate liquor purchasing and obtain basic representative information, but could not rewrite statutes or impose the proposed broad political activity restrictions. Other…
Could a Washington school district use public money for election or general-public bulletins in 1966?
The AG said a school district lacked authority to pay for bulletins intended to influence a school election or to mail general school information to the public at large. It distinguished school…
Could Washington’s 1967 Legislature choose the site of a new four-year public college?
Yes. The AG said the 1967 Legislature could create a new four-year institution and choose its location based on state educational needs. An earlier legislative directive, even if one existed, would…
Could a Washington city require state-licensed insurance agents to get a local license for door-to-door solicitation?
Yes. The AG said a city or town could specifically require a local license for door-to-door insurance solicitation, even when the agent held a state insurance license. It did not decide whether any…
Would Washington’s proposed 1966 amendment make the retired homeowner property tax exemption effective without another law?
The AG said that, if voters approved H.J.R. No. 7, the contingent 1965 exemption statute would take effect without further legislation. It would cover the first $50 of eligible real property taxes…
Did Washington charge nonresident service members motor vehicle and house trailer excise tax in 1966?
The AG said federal law, as interpreted by the Supreme Court, let nonresident service members use valid home-state licenses or obtain Washington licenses without Washington’s vehicle or house…
How did Washington calculate a taxing district’s regular property tax levy limit under the 1965 law?
The AG said the added revenue from qualifying valuation growth used the previous year’s actual millage and assessment level. Losses in valuation offset qualifying growth; if losses exceeded growth,…
How could Washington settle an uncertain county boundary under the law discussed in 1966?
The AG said existing county surveys and court actions supplied legally sufficient procedures. It also said lawmakers could create a fact-finding or adjudicatory commission, but a final boundary…
Could a Washington legislative candidate file for a second numbered seat without withdrawing the first filing?
No. The 1966 Attorney General treated numbered seats as separate offices and said one candidate could not have two appearances on the primary ballot. A candidate could withdraw the first declaration…
Did Washington’s constitutional municipal debt limit apply to a chapter 86.09 flood control district in 1966?
No. The Attorney General concluded that a chapter 86.09 flood control district was not a municipal corporation for Article VIII, section 6. Its improvement work and assessments for specially…
Could a third-class Washington city assess abutting owners for a sidewalk along an in-city state highway?
Yes. The 1966 Attorney General said a third-class city could form a local improvement district and assess specially benefited abutting property for a sidewalk on the shoulder of a state highway…
When did a Washington telephone company need a local franchise to carry cable television in 1966?
A company with a qualifying telephone-line franchise did not need a second local franchise to carry community antenna television over those lines. Separate television-only facilities could require a…
Could a Washington city sell surplus airport land to a port district for industrial development in 1966?
Yes. The city could sell airport land no longer needed for aeronautic purposes, and the port could acquire and improve it for authorized industrial uses. Constitutional public-purpose and credit…
Did each Washington agency have to hold its own group health policy to pay employee premiums in 1966?
No. An agency could contract to pay toward a qualifying group policy held by another lawful policyholder if its employees were covered. State agencies and school districts faced the opinion’s…
Was wine-flavored fruit jelly exempt from Washington liquor law as a culinary product in 1966?
No culinary exemption applied to the jelly described. The Attorney General said it was not a beverage, but if its alcohol exceeded one percent by weight it was liquor regulated under the 1966 statute.
Did a discriminatory private club’s lease of Washington municipal property violate equal protection in 1966?
The Attorney General gave no categorical answer. Whether the club’s racial discrimination became state action depended on the full facts of the lease and the municipality’s involvement with the club.
Did changing county commissioner boundaries also change a matching Washington public utility district’s seats?
Yes. For a public utility district coextensive with its county, the 1966 Attorney General said new county commissioner district lines automatically changed the corresponding utility commissioner districts.
What sick leave and unemployment rules applied to Washington school district staff in 1966?
For sick leave under the law examined, a part-time employee was one not contracted for a full year; post-1963 hires had statutory minimum benefits. Districts could contribute to unemployment…
Did Washington paid firefighters’ longevity pay count toward pension contributions and benefits in 1966?
Yes. The Attorney General read the 1955 firefighter pension law to include longevity pay in basic salary for contributions, retirement, and disability benefits, whether or not that pay was attached…
Did a Washington school district need county land-use and building permits for a new school in 1966?
Generally no for the unincorporated county site considered. The district still had to submit the project to the planning agency for an advisory report; state construction aid could require local…
Did Washington’s 40 percent turnout requirement for excess tax levies violate equal voting principles in 1966?
The Attorney General said no. In its 1966 analysis, the turnout threshold did not weight votes by a voter’s location or status, and a federal House quorum decision did not impose a conflicting rule…
Could a Washington county acquire extra road right of way for parking along the road in 1966?
Yes. The Attorney General said a county could acquire width for adjacent, contiguous parking when reasonably anticipated traffic congestion justified it. The opinion did not decide authority for a…
Could a fourth-class Washington county build a toll bridge or test tolls on an existing bridge in 1966?
No. The Attorney General said a fourth-class county could neither operate its own toll bridge nor impose temporary tolls as a feasibility test. The state toll bridge authority could build the…
Could Washington fire districts transfer territory without an election when enough area voters signed?
Yes. The 1966 Attorney General said a transfer between adjacent fire districts could proceed without an election when three-fifths of all qualified electors in the area signed the petition, despite…
What seniority and salary benefits followed a Washington teacher who changed districts in 1966?
The receiving district had to credit the transferring teacher under its rules for comparable status and service; a salary match followed where its schedule used those factors. Guaranteed benefits…
Which refuse haulers qualified for a Washington grandfather certificate under the 1961 law?
A carrier needed both permit authority and actual garbage or refuse collection business on July 1, 1961. A permit alone or business begun later did not qualify; nonincidental haulers needed a…
When could Washington’s school superintendent advance a district’s state funds in 1966?
The superintendent could approve an emergency advance on a district petition if the emergency warranted it and funds were available. The advance was limited to five percent of the amount due to that…
Could Washington counties reimburse assessor staff for mileage and meals on official trips in 1966?
Yes, within the 1965 law’s terms. County commissioners could set reimbursement amounts by ordinance or resolution for employees’ necessary official travel, including mileage and meals; entitlement…
Who could vote in Washington flood control district elections involving community land or a land sale contract in 1966?
The AG said each otherwise eligible spouse holding benefited community land received the additional acreage votes, and both the seller and buyer under an ordinary real estate contract could vote if…
What pay comparisons did Washington’s personnel board have to use for classified state jobs in 1966?
The AG said the board had to survey prevailing pay in Washington private industry and comparable government work, including local, other state, and federal jobs. It did not have to survey every…
Could the first commissioners of a newly formed Washington port district receive meeting pay during their initial terms?
No. The AG concluded that even if the district adopted the required per diem plan, the first commissioners could not receive that compensation during their initial terms. The opinion distinguished…
Did Washington election officers need to name incumbent representatives beside numbered House positions after the 1965 redistricting?
No. For the 1966 election, the newly created districts and numbered positions had no incumbents to name. For later elections under that district plan, naming incumbents was permissible but not required.
Could a Washington hydroelectric license holder get a partial 1965 fee refund after a landslide shut down its project?
No. The AG concluded that the correctly calculated annual fee could not be partially refunded because the project became inoperable during the year. The proposed credit against the next year’s fee…
Did closed days count toward Washington’s marriage license waiting period in 1966, and could a deputy deliver the license at the sheriff’s office?
Yes. The AG counted all calendar days after filing, including days the auditor’s office was closed. Delivery at the sheriff’s office required a properly appointed deputy auditor and county…
Which financial interests did Washington public officials have to disclose under the 1965 ethics law?
The AG read the 1965 law to cover direct interests above its stated value threshold in enterprises regulated by a qualifying state agency. Covered interests included deposits, stock, and bonds; a…
Did a county treasurer charge an investment fee on school district refunding bond proceeds in 1966?
Yes. When the proceeds were placed with the county or municipal treasurer for investment before bond redemption, the AG said the general investment service fee applied because the refunding bond law…
Did Washington county commissioners have to approve a visiting judge's expense claim?
No. The AG said a visiting judge's sworn expense statement followed a special statutory payment route through the county clerk and auditor, without county commissioner audit or approval.
Could a Washington candidate hold office after a deferred felony sentence and dismissal of the charge?
Yes, if otherwise qualified. The AG said a court dismissal under RCW 9.95.240 after successful probation released the person from the conviction's penalties and disabilities, including the loss of…
What did “true and fair value” mean for Washington property-tax assessments in 1965?
The AG defined it as market value: the price a willing buyer would pay a willing seller, neither compelled to act. An assessor had to consider all reasonable factors that could affect that…
How was Washington’s real estate excise tax measured when one joint contract buyer sold an interest to the other buyers?
The AG said the taxable selling price included the amount paid for the departing buyer’s equity plus that buyer’s proportional unpaid contract balance. It did not matter that the original seller had…
Could Washington’s conservation director fund a port district’s flood-control project under the 1965 state participation law?
No. The AG said the governing statute listed the local entities eligible for state participation and did not include port districts.
Could a Washington drainage district and neighboring town contract for upkeep of ditches carrying town runoff?
The AG said the district could contract for the town to contribute to ditch maintenance. The town’s own authority depended on the specific services and contract terms providing a benefit within its…
Could Washington county road funds pay for a building on courthouse grounds for road equipment and the county engineer?
Yes. The AG treated both equipment housing and the engineer’s office as proper county-road purposes, assuming suitable arrangements with the county’s current-expense fund for the ground space.
Could a Washington school board reduce or cancel a voter-approved excess levy if its stated purposes could not be achieved?
Yes. The AG said the board could reduce or rescind the levy when its purposes were unattainable, or only part of them could be achieved, by adopting a resolution and presenting it to county commissioners.
How did Washington counties have to divide federal forest payments between schools and roads under the 1965 law?
The AG said at least half had to benefit public schools and the rest went to county roads. Commissioners had discretion over school-purpose allocation, but road snow removal and bridge repair could…
Did a sole escrow agent or partnership with no employees or officers need a commercial blanket bond under Washington’s 1965 law?
No. The AG said that bond protected an applicant against misconduct by employees or officers, so the requirement did not apply to an individual or partnership with none. The applicant still had to…
Did the 1965 Washington escrow-registration exemption for title insurance companies also cover ordinary title companies?
No. The AG said the statute named title insurance companies, while title companies were a separate class and were not included in that registration exemption.
Did a Washington escrow agent’s local representative need separate registration under the 1965 escrow law?
No, if the representative acted for a registered or exempt escrow agent under that agent’s continuing supervision, with the agent financially responsible and paying the representative. The AG…
Did Washington’s AG approve Seattle’s 1965 voluntary student transfers to reduce racial imbalance and transportation reimbursement?
The AG considered Seattle’s described transfer plan constitutionally defensible. It said transportation for transferring students could qualify for state reimbursement even without districtwide…
Could Washington let a private insurance broker decide and place all state insurance and official-bond purchases in 1965?
No. The AG said the purchasing decisions required discretion assigned by law to the director of general administration, and that discretion could not be handed wholesale to a private agent, broker,…
Could a Washington school board member work as a consultant for a migrant day-care program administered by the member’s district?
Yes on the facts the AG considered: an independent community advisory committee controlled hiring, removal, and pay, while the contract liability stayed within the cited statutory exception. The…
Could a Washington township use a January 1965 levy vote to satisfy an election requirement enacted that May?
No. The AG said the township’s earlier vote could not satisfy the new statute’s election requirement because the statute had not yet taken effect when the vote occurred.
Did Washington have to keep its OASI contribution money physically separate, and could the governor delegate investment of its surplus?
The AG said the fund’s money had to be separated physically as well as in the books. The governor could authorize the state finance committee to invest surplus OASI contributions under the cited…
Could Washington transfer eligible university permanent-fund assets for university bonds and construction despite commingled land proceeds?
The AG said eligible proceeds received before the 1965 act’s effective date could be transferred under its limits. Commingling did not bar transfer if eligible and restricted sources could be…
Which insurers could Washington use for state employees’ nonscheduled-flight death coverage under its 1965 law?
The AG said the state could buy the authorized accidental-death coverage from insurers licensed for that type of policy. Although those insurers could issue accidental death and dismemberment…
Could a Washington diking district improve a stream or build flood-control works outside its boundaries in 1965?
Yes, for the works considered. The AG said the district could improve an overflowing stream channel and build an upstream floodwater-retarding structure outside its borders, and operate a pump that…
Did Washington’s real estate excise tax apply when a borrower deeded property to the lender in lieu of foreclosure and immediately bought it back?
The AG said the borrower’s deed to the lender was exempt, but the lender’s contract resale to the former borrower was taxable. Treating both steps as one overall foreclosure-avoidance agreement did…
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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.