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Could a Washington juvenile court place a child with an unlicensed foster-care agency if the agency was otherwise covered by licensing law?
No. The AG said a court order under the juvenile-court placement statute did not exempt an agency from the separate licensing requirement for receiving and caring for a dependent or delinquent child.
Could a Washington cemetery district sell plots to nonresidents and charge them more?
Yes. The AG said a cemetery district could serve people who neither lived nor owned taxable property in the district. It could charge them higher fees if the difference reasonably reflected their…
Did Washington traffic laws and speed limits apply on federal Forest Service roads in 1972?
The AG said state traffic rules applied on Forest Service roads, including special service roads, where federal rules did not conflict. It treated the state’s then 50 mph county road limit as the…
Could Washington parks officials close every ocean beach to automobile driving at all times?
The AG said the parks commission could regulate when and where cars drove on designated ocean beach highways, but it could not bar all automobile driving on every covered beach all the time.
Could a Washington county prosecutor acting as coroner appoint a deputy who was not a lawyer?
The AG said a prosecutor serving as coroner in a fourth through ninth class county could appoint deputy coroners with county commissioner consent. The commissioners set their pay, and the deputies…
South Dakota's compulsory school attendance statutes (SDCL 13-27-1 through 13-27-7) list reasons a child can be excused from attending school. Do those statutory grounds also limit a school district when it lets a student miss a few days for an educational trip, or can the school board write its own policy on field-trip absences?
The statutory excuse grounds apply only to releasing a student from membership in the school, not to day-to-day field-trip excuses. School boards have broad implied authority to adopt their own…
Could a Washington employer require women to work four ten-hour days under the laws considered in 1971?
The 1971 AG said covered employers could permit women to work four ten-hour days. Employers also covered by federal Title VII could require the schedule on the same terms as for men; employers…
Would a Washington officer be personally liable for scrapping an abandoned car mistakenly valued at $50 or less?
The 1971 AG said an officer acting in good faith had a defense to a conversion claim if the car met the other statutory conditions and the officer mistakenly valued it at $50 or less. The opinion…
Could a Washington town appoint a municipal judge who lived and worked outside town but regularly represented its residents?
Under the 1971 statute, yes, if the appointee was a Washington attorney whose professional contacts in the town were substantial and continuing. A nonattorney appointee in a town under 5,000 still…
Could a Washington court extend a suspended sentence beyond the term it actually imposed?
No. The AG said the 1971 law required a definite end date no later than when the sentence actually imposed would have expired, even if that sentence was shorter than the maximum allowed for the crime.
Did Washington’s 1971 age-law amendment let eighteen to twenty-year-olds enter taverns?
No. The AG said the tavern-entry ban for people under twenty-one remained in force. An existing exception allowed professional musicians aged eighteen or older to enter during their work.
Could the public attend a Washington county board of equalization’s July sessions under the 1971 law?
Yes, generally. The AG read the board’s statutory “open session” requirement as allowing public spectators. The board had to close a portion when the assessor offered confidential taxpayer…
Could Washington reserve an Evergreen Point Bridge lane for buses or carpools under the 1971 law?
The AG said a lane could be reserved for buses if bridge revenue still met bond debt-service requirements. The highway commission lacked authority to reserve a lane for cars based only on a minimum…
Did Washington’s 1971 property-appraiser qualifications apply to the county assessor?
No. The AG said the requirements applied to assessor assistants and deputies who valued real property, but the statute did not clearly impose them on an elected or appointed county assessor.
Did a Washington fire dispatcher need to pass a firefighter civil service exam to qualify for the 1971 retirement system?
No. The AG identified two statutory routes to firefighter status that did not require the individual to pass the exam. It also addressed increased disability retirement benefits and when vested…
Did Washington’s 1971 open meetings law cover informal gatherings without a vote?
Yes, when a majority of a public agency’s governing body met to consider official business. The AG read the 1971 act to cover deliberation and informal sessions even without a formal vote, while…
How did Washington calculate taxable property value for 1971 tuberculosis facility levies?
The AG said all three tuberculosis levies in the 1971 act used county assessor valuations. Under the assessment rule then in force, multiplying each parcel’s assessed value by two yielded the actual…
Did Washington’s 1971 senior property tax exemption pass to an owner’s heirs or buyer?
No. The AG said the exemption was personal to the qualifying claimant. If that person died or sold the home before the tax became payable, heirs or other new owners did not receive the benefit.
Could a Washington deputy sheriff keep the job and join PERS if ineligible for the law-enforcement pension on medical grounds?
Yes, under the conditions in the 1971 opinion. The medical standard limited entry to the law-enforcement pension, not employment or civil-service rank. A deputy otherwise eligible for PERS had to…
Did Washington counties have to seek bids for small road contracts under the 1971 law?
Yes. The AG said road work done by contract required competitive bids regardless of a project’s cost. Day labor was an alternative for projects within the then-applicable cost cap, but equipment…
Could a South Dakota county auditor have deputies register voters outside the auditor's office, and what could the auditor do for a voter from another county who could not appear there to register?
Yes, deputies could register voters outside the office. The auditor should set the hours and places, obtain county commissioner authorization for additional deputies and their pay and hours, and…
Could a fourth-class county prosecutor also serve on a third-class city council in that county?
The AG said yes under the 1971 law. It found no statutory bar and concluded a court would likely regard the two offices as compatible.
Could a Washington senior homeowner qualify for the 1971 property tax exemption despite earnings that reduced Social Security benefits?
No. The AG said the separate Social Security earnings test disqualified an applicant even if total income fell below the amount used to calculate a full exemption. Later federal changes would not…
Did Washington’s 1970 abortion law let physician assistants perform abortions?
No. Under the law then in force, the AG said the exception from older criminal statutes covered licensed physicians and a pregnant woman following such a physician’s directions, but did not extend…
Could Washington’s game commission regulate imported wild animals bred in captivity?
Yes. The AG concluded that the commission could regulate importation and commercial breeding and sale of animals wild by nature, even if they were nonnative or born in captivity, subject to…
Could Washington’s secretary of state keep minor-party nominating-certificate signers confidential by rule?
No. The AG concluded that the secretary could not use a rule to make the names and addresses on filed minor-party nominating certificates confidential when statutes made those election records…
Could Washington keep issuing occupational driving permits after the governor vetoed their replacement law?
Yes. The AG concluded that the governor’s veto of the proposed replacement also defeated its dependent repeal, leaving the existing occupational-license statute in effect.
Did Washington’s 1971 lower interest rate apply to property taxes already delinquent?
Yes. The AG concluded that the reduced rate applied to eligible delinquent real-property taxes when payment was tendered on or after the amendment took effect, even if the taxes had become…
Which games at a Washington agricultural fair escaped criminal gambling penalties under the 1971 law?
The AG distinguished pure skill games from gambling and found conditional criminal exemptions for qualifying bingo, raffles and amusement games. It treated electronic horse-racing devices as chance…
Could Washington put a British Columbia traffic conviction on a resident’s driving record?
The AG said yes. The motor vehicle department could record a properly reported British Columbia violation and consider it in licensing decisions, even though the interstate driver-license compact…
Did a Washington prosecutor who endorsed an involuntary mental-health commitment petition have to appear at the hearing?
The AG said yes. By endorsing a petition after investigating it, the prosecutor took on a duty to appear and support it at the commitment hearing under the law then in force.
Did Washington cities have to share county costs for keeping voter-registration records?
The AG said yes. Costs could include filing equipment, supplies and clerical work, with each city’s share calculated by precinct and by registered voters in split precincts.
When a South Dakota highway construction project pushes a utility's power lines off private property and onto a new highway right-of-way (with federal aid paying for the move), can the State Highway Commission sign a subordination agreement promising that the utility will not have to bear future relocation costs if subsequent highway construction makes another move necessary?
No. South Dakota law treats utility facilities on highway right-of-way as subordinate to the state's dominant easement. If a future highway change requires relocation, the utility company pays. A…
Can a South Dakota board of county commissioners agree to settle a real-estate tax delinquency by accepting the full amount of back taxes from the former owner, without interest or penalty, when the property has since been taken over by a town?
The AG gave no definite yes or no. He said SDC 57.0802(2) appeared applicable and could support accepting the offer if commissioners, after full consideration, found it in the county's best interest…
Can the South Dakota Board of Finance lawfully say that a state employee stops earning new annual leave once they put in notice that this vacation is the last thing before they quit?
No. The AG said a state employee remained employed during a vacation ending in resignation and could accrue annual leave during that period despite Board of Finance Regulations 40.00800 and…
Did Washington subdivision rules apply when one owner rented five mobile-home or camper sites on short terms?
The AG said yes. Dividing land into at least five sites for monthly mobile-home rentals or daily and weekly camper rentals met the statute’s lease-based subdivision definition, even without selling…
Could a Washington city use its old firefighters’ pension fund for contributions, leave pay, or medical costs under the newer system?
The AG allowed the old fund to pay specified hospitalization and medical costs, but not employer contributions or disability leave under the newer retirement system. Separate old-system disability…
Under Washington’s 1970 abortion statute, did a husband’s temporary absence or a marital separation affect the consent requirement?
The 1971 AG read “residing with” as a shared marital home, not continuous physical presence. Consent was required despite a temporary employment absence, but not when the couple lived apart after a…
Could a Washington disability board try a limited return to duty before deciding retirement, and grant a second leave if it failed?
The AG allowed a limited conditional return when the medical exam was inconclusive. If the same disability persisted, the member did not receive a second six-month disability leave; disability…
Could a Washington utility district privately sell revenue bonds to its own employees at a lower interest rate?
The AG said it could if commissioners found district benefit, but it could not sell to officers who supervised the issuance. The statute also allowed a private sale instead of competitive bidding.
Could Washington prison officials regulate inmates’ hair and beards for identification or health?
The AG said the statute permitted, but did not require, rules for convicted felons when identification, cleanliness or health justified them in the department’s judgment. It did not hold that every…
How many signatures did a 1971 petition need to recall an elected King County officer?
The AG said signatures had to equal 25 percent of votes cast for all candidates for that office at the preceding election. King County’s newer class AA label did not raise the threshold to 35 percent.
Could a student register to vote near a Washington school if they intended to make that place home?
The AG said yes if the student actually intended to remain there permanently or indefinitely for an appreciable time. Attendance alone did not establish voting residence; a proposed statute…
Did a city have to notify a neighboring Washington town of a subdivision plat located entirely inside the first city?
Yes, if the proposed subdivision lay within one mile of the neighboring city or town. The AG said being wholly inside another city did not create an exception to the preliminary-plat notice rule.
Could Washington county commissioners approve a rezoning after planners recommended denial without holding their own hearing?
No. The AG said commissioners had to hold a noticed public hearing before granting a rezoning contrary to the planning commission’s recommendation.
Could Washington’s governor restore voting rights lost after a federal or out-of-state felony conviction?
The AG said yes when Washington’s Constitution disqualified the person. It treated most federal and out-of-state felonies as disqualifying, except an offense with a Washington counterpart that was…
Did Washington’s out-of-state corporate campaign restriction apply to a company licensed to do business in the state?
The AG said yes if the corporation’s principal office, or a majority of its members or stockholders, was outside Washington. A certificate to transact business in Washington did not remove it from…
Could Washington legislators change a certified initiative before enacting it or pass a competing substitute?
The AG said legislators had to enact or reject an initiative to the legislature without changing its text. A substitute on the same subject went to voters alongside the original; an enacted…
The federal Mineral Leasing Act sent 37.5% of mineral revenues from public lands to the state where the land sat, to be used for public roads, schools, or other educational institutions as the state legislature directed. South Dakota had been crediting these funds to the school principal and interest fund. SDCL 4-3-17 and 4-3-18 said the state treasurer should receive federal payments and remit them to county treasurers for distribution to taxing subdivisions in tax-distribution proportions, but those sections were not explicitly written for Mineral Leasing Act monies. Did those statutes govern Mineral Leasing Act distribution, or should the existing school-fund crediting practice continue?
Yes, SDCL 4-3-17 and 4-3-18 governed. Mineral Leasing Act monies should be remitted to the county where the federal land was located, then distributed among the county's taxing subdivisions in the…
In 1971, did a Washington minor need a court appointed guardian to consent to a pregnancy termination?
The AG read the 1970 referendum to permit an unmarried minor’s own consent together with a parent’s consent as legal guardian, provided no other guardian had been court appointed and the act’s other…
South Dakota's school funding law made an independent school district ineligible for general support foundation funds if it operated a one-teacher rural school with an average daily membership (ADM) of five or fewer pupils, when there was another elementary school within five miles. What is the minimum enrollment a one-teacher rural school could have without putting the district's foundation funding at risk?
Six enrolled students was the minimum the AG identified. With only five enrolled, all five would have to be members every school day just to reach an average daily membership of five; a school at…
Could a Washington assessor put a permanently fixed mobile home on the property tax roll without the owner asking?
Yes. The AG said a mobile home meeting the statute’s permanent placement conditions could be assessed as real property on the assessor’s own initiative; an owner’s request was not a prerequisite.
Could a Washington public agency ask bidders to choose a retainage investment option before awarding a works contract?
No. The AG said the contractor’s choice to leave retained payments with the public body or place them in investment escrow arose after award. A public body could neither demand that choice in bids…
Could a Washington school district replace public retirement coverage with a union pension for regular employees?
No. The AG said eligible noncertificated school district employees had to be covered by the public employees’ retirement system even if they belonged to a union with its own plan. The district…
In a South Dakota public-school collective bargaining negotiation, what topics is the school board required to negotiate with the teachers, and what topics can it keep off the table as management rights?
The Public Employees' Unions Law (SDCL chapter 3-18) requires negotiation over wages, hours, and 'other conditions of employment,' but Mydland read the federal NLRB cases (Westinghouse, McCall,…
How did Washington’s AG say the legislature should redraw districts after the 1970 census?
The 1970 AG said Washington had to complete congressional and legislative redistricting before the 1972 electoral cycle. It urged districts as close to equal population as practicable, with the…
Could the public use wet and dry sand on Washington’s Pacific coast, including Quinault Reservation beaches?
The 1970 AG concluded that long-established custom supported public use of wet and dry sand on Washington’s Pacific coast. It expressly excluded beaches within the Quinault Reservation and did not…
Could a Washington county vacate a shoreline road if its side, rather than its end, touched the water?
The 1970 AG said the shoreline-road restriction covered both side and end contact with salt or fresh water. It treated contact with the ordinary high tide or high water line, marked by vegetation,…
Could Washington county commissioners remove a community mental health supervisor without the program board’s approval in 1970?
Yes. Although the board had to approve the appointment, the 1970 AG said the county commissioners could remove the supervisor without its concurrence because the governing law fixed no term and…
Could a Washington city spend federal Model Cities grant money on approved programs without violating the state gift clause?
The 1970 AG said Article VIII, section 7 did not bar a city’s expenditure of these restricted federal program funds. It also said RCW 35.21.660 authorized cities to carry out the federal contracts,…
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