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Which school policies did Washington boards have to adopt in 1973, and did they have to negotiate teacher-initiated proposals?
The AG said boards had to adopt annual salary schedules for certificated employees, but no specific statute required formal policies on the other listed subjects. Boards did not have to negotiate a…
Could a Washington city council member also serve in the same city’s volunteer fire department under the law in 1973?
The AG said no under the then-applicable common-law incompatible-offices rule. It also said proposed Senate Bill No. 2989, if enacted, would let a council authorize dual service by unanimous resolution.
Could a Washington public utility district annex adjacent land across a county line if no other utility district covered it?
Yes. The AG read the public utility district annexation statute to allow a district to cross the county line into adjacent territory that was outside every other public utility district.
Could a Washington school district use its general operating funds to buy sports uniforms and equipment for athletes, band members, and cheerleaders?
Yes. The AG said a district that had made interscholastic athletics part of its educational program by board resolution could pay for appropriate uniforms and equipment from general maintenance and…
Did Washington’s 1973 insurance discrimination amendments require the same life insurance premiums for men and women of the same age?
The AG said no. It read the new antidiscrimination provisions as leaving room for the then-permitted reduced-age factor used to calculate women’s life insurance premiums.
Could Washington county commissioners change their own and other elected officials’ salaries under the 1973 salary law?
The AG said county legislative bodies in every class could set the covered salaries, but they could not give themselves a midterm raise or reduce an official below the January 1973 floor. It also…
The 1973 Personnel Policy Board, created by Senate Bill 71, has authority to make 'non-conflicting rules' on sick leave, vacation leave, and other fringe benefits. May the Board pass rules letting state employees use sick leave for maternity, funeral leave, or to care for ill children or spouses?
Maternity yes; funeral and family care no. Sickness has long been interpreted to include confinement caused by child birth, so maternity sick leave is permissible. But sick leave is statutorily…
South Dakota Highway 50 ran through Vermillion. In 1951, the state acquired an extra 35 feet of right-of-way by warranty deed in anticipation of highway widening, but the widening did not use all the new right-of-way. Vermillion now wanted to build sidewalks along Highway 50, and the sidewalks would fall entirely within the state's right-of-way, with a narrow strip of state land between the sidewalk and the private properties. Who paid for the sidewalk construction and repair: the state (which technically owned the land where the sidewalk would sit) or the abutting private property owners?
The abutting property owners. Even though the state had taken the right-of-way by warranty deed (which sounds like fee simple), Article VI, Section 13 of the South Dakota Constitution provided that…
Did Washington’s 1973 fire-protection contract law apply to school district property within or next to a fire district?
Yes. The AG said a school district counted as a “municipal corporation” for this law, so qualifying school property came under the fire-protection contract requirement when the amendment took effect…
Could a Washington county donate 1972 federal revenue-sharing funds to a private senior center or a fire district buying an ambulance?
The AG said no to both proposed gifts. State law barred a county gift to the private senior center, and a noncharter county lacked statutory authority to donate money to a fire protection district.
Did changing the rent during a public-land lease count as renegotiating it for Washington’s 1973 leasehold tax law?
No. The AG said a change in rent during an existing lease was not a “renegotiation” under that law unless it accompanied an extension or renewal; a renewal or extension itself could still change the…
Could a Washington county equalization board raise a property assessment without notice when the owner appeared only to ask for a reduction?
No. The AG said a taxpayer’s voluntary request for a lower real-property assessment did not let the county board raise that assessment without first giving the owner or agent at least five days’…
Could a Washington code city with more than 20,000 residents ban gambling licensed by the state commission under the 1973 law?
No. The AG said the 1973 law gave that prohibition power to counties and first-class cities, but a code city did not become a first-class city merely by having more than 20,000 residents.
A South Dakota constitutional provision allowed the Governor to reorganize state agencies, boards, and commissions by executive order. But the same amendment carved out an exception for elected constitutional officers (Governor, Lt. Governor, Attorney General, Secretary of State, Auditor, Treasurer, Commissioner of School and Public Lands). Could the Governor use his executive-order reorganization power to strip the Office of the Commissioner of Consumer Affairs out of the Attorney General's office and move it to a different department?
No. Article IV, Section 8 of the Constitution expressly excepted elected constitutional officers (including the Attorney General) from the Governor's reorganization authority. Once the Legislature…
Which Washington campaigns had to disclose contributions under Initiative No. 276, and could public office resources be used to help a campaign?
The AG said the initiative generally covered campaigns for public office and ballot measures, with specified office-election exclusions and limited reporting exemptions. It also barred campaign use…
Could a Washington referendum petition qualifying in 1973 be voted on at that year’s November statewide election?
The AG said yes for Referendum Measure No. 36 if enough valid signatures were filed by the June 1973 deadline. The new annual-election law made the November 1973 statewide vote a qualifying regular…
Did Washington’s 1972 referendum and 1973 initiative repeal campaign reports and political-ad sponsor labels?
The AG said the candidate campaign-report statute was repealed, but the political-advertising sponsor-identification statute remained in effect. The initiative repealed the referendum before its…
Which fees could Washington public schools charge students for classes, books, activities and lunches in 1973?
The AG said ordinary K–12 tuition and course fees were generally unauthorized, with specified exceptions. Districts could charge for some optional items, lunch, certain textbooks or supplies, and…
Could parents inspect Washington public-school records about a student who was already 18?
The 1973 AG said a district could allow inspection unless disclosure would violate the student’s privacy and protected material could not be removed without destroying the record. It left the…
Could a Washington school district lay off teachers but promise them unpaid leave and a return to future vacancies?
The 1973 AG said a return promise needed valid consideration and a written agreement, and it questioned promises lasting beyond a year. An unpaid teacher would not earn active retirement service;…
Did South Carolina submit constitutional amendment ratification to its governor for a veto?
In 1973, the AG answered no to whether state legislative ratification of a U.S. constitutional amendment went to the governor for approval or veto. The letter also described South Carolina’s…
Did a temporary Washington legislative adjournment start the 90-day effective-date clock for referendum bills?
The AG said no in 1973. For legislation subject to referendum, the 90-day period started only after the legislative session finally adjourned, not when the House and Senate took an agreed temporary break.
How did the 1973 Supreme Court abortion decisions affect enforcement of Washington’s existing abortion statutes?
The AG said the rulings then prevented enforcement of Washington’s residency rule, early-pregnancy facility limits and some time restrictions. It treated licensed-physician and…
Did Washington irrigation-district directors have to file financial-interest reports, and which assets counted?
The 1973 AG said directors were covered elected officials despite property-owner voting rules. Under the initiative it examined, reports covered qualifying individual intangible interests, not…
How did Washington’s 1972 campaign spending limits apply to a school district levy election?
The AG said the ballot proposition limits applied even in districts with fewer than 5,000 registered voters. Supporters and opponents had separate spending limits, each based on registered voters in…
Could the public inspect Washington school district salary and payroll deduction records in 1973?
The AG said school district salary and payroll records were public records generally open to inspection and copying. Particular private deduction details could be withheld or deleted if disclosure…
Could a Washington school district require returning a teacher renewal contract within a reasonable period?
Yes. The AG concluded that a district could set a reasonable period for a certificated teacher to sign and return a renewal contract. Even after the statutory nonrenewal notice date passed, a…
Could a Washington city tax fuel oil retail sales at a different gross receipts rate from other retail sales?
No. The AG concluded that if a city imposed a gross receipts license fee or excise tax on fuel oil retailers, it had to impose the same tax at a single uniform rate on all retail sales of tangible…
What client information did Washington lawyer candidates and elected officials have to disclose in 1973?
The AG said the 1972 disclosure initiative required covered lawyers to identify compensated lobbying related clients, qualifying business clients, qualifying firm clients, and actual salaried…
Several South Dakota school teachers are also serving in the Legislature. Can a school district continue to pay a teacher's regular salary during the legislative session, and can individual school board members be held personally liable if it does?
The AG saw nothing in the statutes that prohibited a school board from paying all or part of a teacher's salary while the teacher served in the Legislature. He concurred with earlier opinions…
Could a Washington charity pay a member to run bingo games from the bingo receipts?
The AG allowed a fixed hourly or periodic payment to a member, but said it could not come from the game’s gross or net receipts. A percentage of receipts or profits was also prohibited.
When did Washington elected officials first have to file financial disclosures under Initiative 276?
The AG said officials filing as officeholders first reported by January 31, 1974 for calendar year 1973. Reports went to the Public Disclosure Commission at the secretary of state’s office, and…
Did Washington school district health plans have to cover every licensed practitioner statewide?
The AG said districts were not required to offer employee health coverage. If a covered condition could be treated by more than one listed profession, the plan had to allow a choice among those…
Did Washington split the old mobile-home identification tag fee between property taxes and the motor vehicle fund?
No. The AG said the entire $9.40 fee went to the state motor vehicle fund. The owner received a separate $4.70 credit against property tax due, rather than a transfer of half the fee to the county.
Did a Washington utility commissioner lose office after moving to another commissioner district within the same utility district?
No. The AG said neither an internal move nor redrawn commissioner boundaries created a vacancy, as long as the commissioner remained a resident of the public utility district.
Did a Washington juvenile court have to send a traffic case record to the motor vehicle department even without a criminal conviction?
Yes. The AG said the court had to forward the citation and its action in juvenile traffic cases. A delinquency order was not a conviction, but the separate reporting requirement still applied.
Could Washington’s governor veto a lottery bill passed by the special 60 percent legislative vote?
Yes. The AG said the 60 percent vote requirement did not remove the governor’s veto over an ordinary legislative bill. A lottery measure referred to voters was outside that veto power.
Did a Washington code city have to solicit bids before hiring an insurance broker?
The AG said no under the statutes it analyzed. The code-city bidding cross-reference covered public works and improvements, not a separate contract for an insurance broker’s professional services.
When an eligible senior sold a Washington home after paying the first tax installment, how much did an ineligible buyer owe?
The AG said a buyer who assumed the remaining taxes owed half of the original levy. The seller’s unused personal exemption did not transfer with the house.
Which fund paid a lawyer appointed for an indigent misdemeanor defendant in a Washington justice court?
The AG said constitutionally required appointed counsel could be paid under the counsel statute, but the fee came from the county current expense fund, not justice court revenues.
Could a Washington port commission choose the bank for its surplus funds when the county treasurer invested them?
Yes. The AG said the commission could name the qualified institution when authorizing an investment. The treasurer could instead use the separate authority to buy specified U.S. securities, but…
Could the public inspect Washington land commissioner records showing deposits from timber sales?
The AG said yes. Financial records of the commissioner’s deposit transactions were open for inspection at the agency during working hours; the agency did not have to surrender the records or provide…
Could a Washington community college require every classified employee to retire at 65 regardless of the job?
The AG said no. A blanket age-65 rule for classified civil service employees ignored whether age was related to each job; the retirement system’s age-70 provision did not itself promise continued…
Could Washington deny a private club a liquor license because its written rules excluded people by race?
The AG expressed substantial doubt that the liquor board could impose such a disqualification under its existing statutes. It concluded that the legislature could constitutionally give the board…
Could a Washington community college board send non-board members to negotiate with its academic employees?
The AG said the board could assign negotiations to a committee of its own trustees, but not to a committee containing outsiders. The general power to delegate duties to a college president did not…
Could a Washington sewer district assess county-owned land, and could the county object later if mailed notice went to a former owner?
The AG said specially benefited county land could be assessed. Where statutory publication and mailing rules were followed, the county’s failure to protest on time barred its later challenge, even…
Could a Washington county build separate water or sewer systems for different areas, and what planning did each need?
Yes. The AG said a county could create separate or combined systems for all or part of the county, but each separate system needed its own general plan and review committee under the 1972 statutes.
Could a Washington treasurer collect a new mobile-home property tax early in late 1972 if the home might leave the county?
No. The AG said the 1971 transition law required the first new mobile-home property tax to be paid in 1973, so a treasurer could not accelerate its collection before January 1, 1973 under the…
Did permanently affixing a Washington mobile home automatically exempt it from the 1972 mobile-home excise tax?
No. The AG said the exemption applied if the qualifying home had previously been entered and assessed on the real-property rolls under the special procedure. Merely affixing it, or its automatic…
The 1972 Legislature passed three acts (Chapters 38, 39, 44) raising salaries for elected county officials including treasurers, auditors, clerks of courts, registers of deeds, states attorneys, and sheriffs. The acts did not specify an effective date. The state Constitution said compensation of public officers could not be 'increased or decreased during his term.' Did the new salary acts take effect July 1, 1972 (the default date for legislation without a specified date), or did they have to wait until each official's next term started in 1973?
July 1, 1972. The constitutional ban on mid-term salary changes (Article XII, Section 3) had been effectively superseded by a 1946 amendment to Article XXI, Section 2, which allowed the Legislature…
Are privately or federally sponsored low-rent or elderly multi-family housing units in South Dakota classified as hotels under the state Fire Safety in Hotels law, subject to state Fire Marshal inspection?
No. SDCL 34-34-1 defines hotel by reference to transient occupancy. Low-rent housing and housing for the elderly are designed for permanent residents who qualify under continuing housing-authority…
Could a Washington sheriff’s civil-service commission bar everyone under 21 from applying because deputies might have to enter taverns?
No blanket bar, said the AG. The commission could set a 21-year minimum for specific positions that required tavern entry for law enforcement under the law then in force.
A Lawrence County assessor accidentally added an extra zero to a property's valuation sometime before 1962, making the value appear as $27,900 instead of $2,790. The error went undetected through 1969 tax years. When the taxpayer applied for an abatement and refund in August 1971, the county commissioners approved refunds for 1964-1969 but refused to refund earlier years because of the six-year statute of limitations. Was the statute of limitations a valid bar?
No. The AG found that the six-year limitations period did not bar county commissioners from refunding taxes based on this illegal valuation. The state Constitution prohibited assessment above actual…
Could Washington trailer and camper owners pay the lower 1972 excise tax by delaying their vehicle license until after May 23?
No. The AG said owners already possessing trailers or campers in Washington before the rate change owed the old 2% tax for 1972, even if they delayed licensing or payment. It also rejected refunds…
Did Washington’s 1972 senior property-tax exemption count federal civil-service and railroad pensions as income?
Yes. The AG said those pensions counted in full for the income test, except portions returning the applicant’s own capital or investment. The statute’s special two-thirds rule applied only to Social…
Could Washington’s governor alone return state jurisdiction over tribal lands after the state had assumed it?
The AG said the governor lacked general authority under 1972 state law to retrocede validly assumed jurisdiction. It distinguished correcting an earlier proclamation that had been issued in error.
Could South Dakota's Educational Television stations legally produce and broadcast programs giving time to candidates running for local, state, and federal offices, as long as they followed FCC Fairness Doctrine equal-time rules?
For federal candidates: yes, and they had to. The 1971 Federal Election Campaign Act required all broadcasting stations (commercial and noncommercial educational alike) to give legally qualified…
The 1972 Legislature appropriated $50,000 to the Legislative Research Council for a tax study. Governor Kneip signed the appropriations bill but then ordered the State Budget Officer to 'encumber' the $50,000 until he received a written justification from LRC about how the money would be used. Did the Governor have authority to block release of an appropriation pending his approval of the spending plan?
No. Appropriating money is a legislative function the Governor may not perform. The Governor's only constitutional power over appropriations is the line-item veto, which Governor Kneip had not used…
How did Washington’s 1971 lower interest rate apply to overdue property taxes across multiple parcels?
The AG said the 5% rate applied to no more than $500 of a year’s delinquent real-property taxes for the first delinquency year only. The $500 limit applied to the taxpayer’s combined parcels within…
What campaign-ad, roadside-sign and public-employee political activity restrictions did Washington’s AG identify in 1972?
The AG surveyed separate 1972 rules for ad sponsor labels, sign placement and political activity by different classes of public employees. It stressed that employee rules varied by job and that…
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