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Did Washington assess orchard trees together with farmland under the 1977 current-use tax formula?
No. The AG said the special current-use formula valued qualifying farmland alone. Taxable perennial plants, such as fruit trees, had to be listed and valued separately from that land.
Did a 1977 Washington legislative or partisan county vacancy require an election even after candidate filing closed?
The AG said yes: a vacancy before the November general election triggered a vote for the unexpired term even if an interim appointment was made. Ordinary filings, party nominations, or only write-in…
Was a Washington corporation’s deed to a partnership of its shareholders taxable before dissolution in 1977?
The AG said no on the exact sequence and no-liability facts given. The corporation deeded the realty to a partnership made up of the same owners before dissolving, and received no valuable…
South Dakota's vocational rehabilitation confidentiality law makes it a misdemeanor to disclose information about a person who has applied for or received VR services. Does that statute prevent a VR counselor from testifying under subpoena in a worker's compensation hearing about whether the injured worker could be rehabilitated?
No. SDCL 28-9-37 forbids voluntary disclosure of VR client information, but it does not prevent disclosure compelled by a valid subpoena issued in a legal proceeding where the information is…
How long was a newly hired Washington teacher provisional, and when was nonrenewal notice due in 1977?
The AG read “first year of employment” as twelve months from the hire date for a teaching or other nonsupervisory certificated employee. To use the provisional nonrenewal process, the district had…
Were Washington deputy sheriffs covered by the state minimum wage act in 1977?
The AG said no. It treated deputies appointed by a sheriff as holders of public appointive office under the act’s exemption because they could perform the sheriff’s legal duties. The opinion said…
Can a South Dakota County Planning Commission, on its own, approve a change or amendment to the County Comprehensive Plan, or does the change require approval from the Board of County Commissioners?
The Board of County Commissioners must approve a change to the County Comprehensive Plan. Under SDCL 11-2-20 and SDCL 11-2-28, a Planning Commission decision alone cannot amend it; proposed changes…
Did Washington’s AG think a proposed school minute of silence for meditation or prayer was constitutional in 1977?
The AG considered the draft constitutionally defensible because it allowed silent meditation or prayer without directing students to pray. It nevertheless warned that retaining “or prayer” invited a…
Could a Washington school require athletes to pass a medical exam and have families pay for it in 1977?
The AG said yes. A district could require a qualified medical practitioner’s physical exam before interscholastic competition and could either pay for it or require students or parents to obtain and…
Did Washington’s 1977 property-tax growth limit cap a city levy for its local improvement guaranty fund?
No. The AG said that particular levy was exempt from the statutory growth limit, though separate aggregate and rate caps still applied. The fund statute itself limited the levy to no more than five…
How were improvements by a private tenant on Washington public land taxed in 1977?
The AG said the answer turned on title. Improvements owned by the private lessee until lease end were taxed as personal property; improvements that immediately belonged to the public lessor were…
Could a Washington city use its old firefighters’ pension levy for another purpose in 1977?
The AG said the LEOFF transition did not remove the older levy statute’s allowance for other municipal uses when a qualified actuary found the pension fund did not need the full levy. A city that…
Did Washington counties have to create a public defender district to operate a defender office in 1977?
No. The AG said the district statute was one available method, not the exclusive way to provide defense counsel. If a county used it, appointed defenders were county employees; the AG found midterm…
Did Washington’s Shoreline Management Act replace the rules for the Seashore Conservation Area?
The AG said both laws applied. Shoreline permitting and land-use processes governed covered shorelines, while the conservation area’s recreation and preservation limits continued to constrain uses.
When did a Washington code city need competitive bids for purchases or public works in 1977?
The AG said no bid call was required for standalone supplies, materials, or equipment purchases under the cited code-city rule. Equipment bought for a public work counted toward the project cost,…
Did Washington public employees automatically get paid for every state legal holiday in 1977?
The Attorney General said no. Public employees received paid holidays provided by their contracts or employer policies, plus one statutory floating paid holiday each year; covered public school…
Could Washington’s governor certify an energy facility on land whose local zoning prohibited it?
The Attorney General concluded that the governor’s certification could authorize the location despite contrary county, city, or regional zoning. The siting council still had to evaluate consistency…
Can the South Dakota Board of Nursing refuse to license a nursing-school graduate who previously committed a felony, served a suspended sentence or prison term, and now wants to sit for the licensing examination?
Yes, but only under specific conditions. The Board may deny a license if (1) the felony conviction occurred within the past five years under SDCL 36-9-49(2), and (2) the conviction was not dismissed…
When a city council approves a 3.2 low-point beer license application, can the city's residents petition to refer that action to a public vote, or is the council's decision final and not subject to referendum?
Yes, the decision can be referred. The South Dakota Constitution (Article III, § 1) reserves to the people the right to refer municipal actions, and SDCL 9-19-13 specifically subjects ordinances and…
When a South Dakota sheriff conducts a foreclosure-by-advertisement sale of real estate and the only bid comes from the mortgagee bank itself (bidding in the property to clear its lien), what fee can the sheriff charge? The percentage commission for sales over $1,000 would be a meaningful amount.
Twenty dollars and no more for the real-property foreclosure sale described. The mortgagee bank was the sole bidder and bid more than $1,000. Janklow applied SDCL 7-12-18(30), the specific fee…
Could a Washington school district operate vocational training outside its boundaries under the 1976 service-area law?
The AG said the district needed authorization from the vocational-education commission to operate programs beyond its boundaries. The commission could define a service area extending beyond the…
Did a Washington appointee who resigned during January 1977 still have to file a financial disclosure report?
The AG said a covered appointee serving on January 1, 1977 still had to file even if the person resigned before January 31. The first report did not have to include transactions before the…
Did Washington's 1976 minimum-wage law cover city firefighters, station sleepers and paid volunteer firefighters?
The AG said municipal firefighters were generally covered, but the statutory sleep-at-work or substantial-on-call exception applied to qualifying firefighters. Paid volunteer firefighters were…
Could a Washington county fair give free admission to officials, reporters or their families in 1976?
The AG said the county could admit people without charge when they attended to perform work benefiting the fair, such as fair officials or working reporters. It could not waive an entertainment…
Can a South Dakota county pay its highway department employees the same monthly amount year-round, even though they actually work 50 hours per week in summer and 40 hours in winter? And can the county pay them every two weeks instead of monthly?
No to the equal-monthly-paycheck idea (when based on per-hour wages). SDCL 7-22-1 requires county claims to be for services actually rendered, so an hourly employee cannot be paid an averaged amount…
In 1976, could Washington police arrest someone for a traffic misdemeanor that carried no jail sentence?
The AG said yes: the covered traffic violations remained misdemeanors despite the no-confinement penalty. It also said a convicted person could be jailed for later willful contempt of an order to…
Could a Washington county collect back property taxes for years before 1973 when a previously exempt property's use ended?
The AG said the 1973 cessation-of-use law did not authorize collection for pre-enactment years in which the property already held an exemption. The opinion distinguished exemptions granted under the…
Under Washington's 1976 discrimination law, could someone choose a roommate by sex, age or religion and say so in an ad?
The AG concluded that the then-existing law did not prohibit those preferences when choosing someone to share the same living quarters, or a corresponding roommate ad and its publication by a…
Could a Washington county treasurer pay tax-foreclosure office costs from a revolving fund and recover them from the delinquent taxpayer?
The AG said yes to both, but only for reasonably necessary foreclosure, distraint or sale costs that reliable accounting could trace to the particular taxpayer and property.
South Dakota's 1976 special motor vehicle statute let hot rods, customs, and restored cars run with modified suspensions, but an older statute (SDCL 32-15-24) flatly prohibited suspension modifications on vehicles under 6,000 pounds. Which one controls? And how much rulemaking authority does the Department of Public Safety actually have for these specialty vehicles?
The 1976 special motor vehicle statute prevailed by implied amendment. The AG concluded that SDCL 32-21-1.2 and 32-21-1.3, by specifically authorizing changed and modified suspensions on special…
Could Washington enforce its mandatory death-penalty initiative or enact a different capital sentencing law in 1976?
The AG concluded that the initiative's automatic death sentence had become constitutionally unenforceable after 1976 Supreme Court decisions. It said Washington could enact a guided-discretion law,…
Which prosecution costs could a Washington court charge to a convicted defendant under the 1976 law?
The AG said a court could order repayment of appointed defense counsel and state-paid prosecution and defense witness fees, subject to the statute's ability-to-pay limit. Juror compensation was…
A South Dakota rancher hauls his own cattle to a town locker plant for slaughter, brings the processed beef back to his ranch, sells it retail to customers around the state, and delivers it to them. Does he have to obtain a motor carrier compensation certificate, or do the SDCL 32-9-3 exemptions cover each leg of this operation?
The exemptions cover almost every leg. Farm-to-locker-plant and locker-plant-to-ranch are exempt under SDCL 32-9-3(9) (farmer's farm-to-community transport) and also 32-9-3(12) (raw materials…
If a Washington county chose game-land tax payments instead of game-law fines in 1976, when would the switch begin?
The AG concluded that a county giving notice before January 1, 1977 would first receive payments in lieu of taxes, and give up its share of game-law fines and forfeitures, in 1978.
Could Washington’s Department of Ecology condition a new surface-water permit on later review of public needs in 1976?
The AG gave a qualified yes. It predicted courts would likely uphold an initial unconditional term followed by periods subject to later public-needs review if the restriction served maximum net…
Could a Washington county negotiate waste hauling for drop boxes instead of using normal bidding in 1976?
The AG said no under the special transfer-station provision. Its regulation exemption and negotiated-contract option covered transfer trailers, not detachable drop-box containers; drop-box hauling…
When a South Dakota city retains an attorney on a $30-per-hour basis to act as city attorney, can the city contract with that same attorney for a separate, percentage-of-project fee to handle the legal and fiscal work on a municipal bond issuance?
Yes. SDCL 9-14-23 expressly authorizes additional compensation for the city attorney's services in connection with the issuance of municipal bonds, as an exception to the general duties scheme in…
House Bill 847 in the 1976 South Dakota Legislature amended SDCL 58-30-23 to give the Director of the Division of Insurance discretion to waive the felony-conviction bar for general lines insurance agents (after 5 years post-conviction). SDCL 58-31-11 has identical felony-bar language for life and health insurance agents but was not amended. Did HB 847 implicitly extend the waiver authority to life and health agents too?
No. Amendment by implication is disfavored under South Dakota law and requires either explicit legislative intent or such repugnancy between provisions that they cannot stand together. SDCL 58-30-23…
Could a Washington teacher on paid leave for union office accrue sick leave and retirement credit in 1976?
The AG said sick leave during discretionary leave depended on the district’s written policy. A certificated employee on paid leave who remained listed as employed earned teachers’ retirement service…
Did Washington’s 1976 three-year rape confinement minimum bar earlier conditional release from a treatment commitment?
No. The AG read the three-year minimum as applying to people sent directly to prison, while a person given a deferred or suspended sentence for inpatient sexual-psychopath treatment remained under…
Could Washington public schools keep separate boys’ and girls’ sports teams under the 1976 Equal Rights Amendment analysis?
The AG said a school’s only team in a sport had to admit qualified students of either sex. It viewed separate teams as potentially permissible under the 1975 statute only if they best provided equal…
Could two members of a five-member Washington town council pass an ordinary ordinance in 1976?
Yes, if only three members attended and thus formed a quorum, two affirmative votes could pass an ordinary ordinance. The AG identified exceptions requiring more votes for payment orders, franchise…
Could a Washington legislator be paid by an outside employer to draft or promote a bill in 1976?
The AG said paid bill preparation was unlawful for a legislator who knew he was likely to exercise official discretion over that bill. The payer provision also reached knowing payment for promoting…
Could Washington exempt property from taxes already levied for collection in 1976?
The AG thought a new exemption could reach 1975 levies that had not yet been collected, but it had to take effect before collection. Taxes already paid could not simply be refunded or credited under…
Did Washington’s 1975 death-penalty initiative apply to murders committed before July 1, 1976?
The Attorney General said no. Although voters had approved the initiative, its aggravated-murder provisions depended on the new criminal code, which applied to offenses committed on or after July 1, 1976.
Could a Washington city or county pay a lobbyist or employee to advocate before the legislature?
The AG said it could spend local funds on lobbying only with specific legal authority. A charter city, charter county, or code city could supply that authority through proper local legislation;…
South Dakota Retirement System rules let a current member pay for prior service credit (years of past public service that were not previously covered) by lump sum or in level installments over up to 10 years. SDCL 3-12-83 says contributions can be made by the employee 'or have made on his behalf' by the employer. Does that 'on his behalf' authorization let employers make their prior-service-credit payments in installments too?
Yes. SDCL 3-12-83 lets employers make these contributions on behalf of employees. SDCL 3-12-87 lets members pay in installments. Read together with the employer's general authority to make…
Did a city school district owe a neighboring fire district payment for protecting its school buildings?
The Attorney General said no under the cited 1976 statute. A school building inside a city was outside the fire district’s boundaries even if the city contracted with that district to provide fire service.
Did unused vacation or sick leave payouts count toward Washington public pensions in 1976?
The AG gave different answers by retirement system. It included qualifying payouts for public employees, teachers, and state patrol members, but excluded them for law enforcement and firefighter…
Can the City of Sioux Falls use its federal Community Development Block Grant funds from Public Law 93-383 to establish a direct loan or grant program for private property rehabilitation, or do state municipal-finance laws block that use?
Yes. SDCL 9-22-1 requires all municipal money to be paid into the municipal treasury and assigned to a fund by annual appropriation ordinance. SDCL 9-21-9.1 implies the municipality has authority to…
If a South Dakota sheriff and deputies use their own vehicles for patrol but the county's mileage rate isn't enough to cover insurance, fuel, and maintenance, can the county commissioners pay for those expenses on top of the mileage rate?
No. SDCL 7-12-18(9) authorizes mileage and only mileage when private vehicles are used. SDCL 7-12-12 gives the county a different option: furnish the vehicles and equipment, in which case no mileage…
When a child is placed in a private nonprofit group home or child care institution, is the home's administrator the child's 'person in loco parentis' for school residence purposes, and does the local school district get paid by the state for educating that child?
For school residence, the AG said SDCL 13-28-9 should treat the group home administrator as a person in loco parentis, placing the child's school residence in the home's district. The district is…
South Dakota's compulsory attendance statutes (SDCL 13-27-1 through 13-27-6) require children of compulsory school age to attend school. SDCL 13-32-4 lets a school board suspend or expel insubordinate students. Can the board actually use that suspension power against a compulsory-age student, or do the compulsory attendance statutes block it?
Yes, the board can suspend. SDCL 13-32-4 expressly authorizes school boards to suspend or expel insubordinate students, and that authority operates even when the student is of compulsory attendance…
When did a Washington water district commissioner elected in November 1975 take office?
The AG said the new commissioner’s term began at noon on the second Monday in January after the election. It read the later uniform election statute as impliedly superseding the older water-district…
Could a Washington physician own a nursing home and receive profits from referring patients to it in 1975?
The AG said state law did not prohibit a physician from owning a nursing home where the physician cared for patients. It barred financial benefit from goods or services the physician prescribed…
Could Washington elected officials use publicly funded office resources to urge votes on a ballot measure in 1975?
The AG said legislators could use office resources for normal communications about legislative matters, but not for a message whose primary purpose was to persuade votes on a ballot measure. The…
Could Washington municipal employees speak about candidates and work on campaigns despite local restrictions in 1975?
The AG said covered employees could publicly express political opinions and display candidate signs on their own property despite contrary local rules. The state statute also protected the described…
Who enforced Washington’s Uniform Fire Code in unincorporated areas served by a fire district in 1975?
The AG said the district fire chief and department initially had the fire code’s administrative and enforcement duties in the unincorporated area they served. A county could amend the code to…
What happened to Washington public employee bargaining laws after the governor vetoed the new labor commissions in 1975?
The AG said existing agencies would keep administering public employee labor laws because the proposed replacement commission had been vetoed. The earlier school professional-negotiations act also…
Did South Carolina’s 1975 Ethics Act bar public colleges from giving legislators football season tickets?
The Attorney General declined to decide whether the particular ticket offers violated the 1975 Ethics Act, calling it a factual question for the State Ethics Commission. It said the circumstances…
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