State AG Opinions
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Could a Washington county block a surface mine after the state issued a permit under the 1970 act?
The 1970 AG said no under the act as then passed. After its January 1, 1971 effective date, a local permit alone would not authorize covered surface mining, while a state permittee operating within…
What taxes did Washington impose when reforestation land left its special classification in 1970?
The 1970 AG said the owner owed a yield tax on timber remaining at declassification plus a make-up amount for the tax savings from classification. Those obligations applied whether the owner or a…
Could a Washington public works contractor invest retainage under the 1970 law if the contract was already signed?
No. The 1970 AG said the new contractor option to put retainage in escrow and invest it applied only to contracts executed on or after the law’s May 14, 1970 effective date.
Did Washington’s 1970 cigarette excise tax apply to sales on Indian reservations?
The 1970 AG gave four jurisdiction-dependent answers. It applied the tax to retailers and purchasers on reservations under full state jurisdiction, to non-Indians on limited-jurisdiction…
Could a funeral-home owner run for Washington county coroner in 1970 and take office in 1971?
The 1970 AG said an owner or employee could run, and an incumbent could finish the existing term. In the affected county classes, the person could not start a new term in January 1971 while still…
Could Washington remove its 1970 voting-age amendment from the ballot after Congress passed an eighteen-year-old voting rule?
No. The 1970 AG said the secretary of state lacked authority to remove the duly proposed amendment, the new federal law’s reach in state elections faced a constitutional question, and the proposal…
Did a Seattle-era police pension member lose eligibility under the old plan when transferred to Washington’s new system in 1970?
No. The 1970 AG said a first-class-city officer contributing to the old chapter 41.20 plan on March 1, 1970 kept eligibility for benefits under that chapter, even though membership transferred to…
Who paid a Washington county police and firefighter disability board’s expenses in 1970, and who chose medical coverage?
The 1970 AG put board operating and applicant-examination costs in the county current expense fund, with a specified emergency-budget route available. The board designated available hospital and…
Could Washington close an area to commercial fishing while leaving sport fishing open in 1970?
Yes, if the closure served conservation, protection or proper management of fisheries. The 1970 AG said closing commercial fishing solely to promote sport fishing would not meet that condition.
Could a Washington city or county later require plats for five-acre subdivisions after the 1969 platting law took effect?
Yes. The 1970 AG said a city, town or county could later adopt an ordinance applying the platting law to subdivisions with no dedication and no lot smaller than five acres. The ordinance did not…
Could Washington cities and counties tax liquor sales that were subject to the ordinary state sales tax in 1970?
Yes. The 1970 AG said the new local sales tax covered liquor sales subject to the ordinary 4.5% state sales tax, despite the older liquor-tax restriction. Sales subject instead to the special state…
Where did Washington traffic safety penalty assessments go after the 1970 amendments?
The 1970 AG split the route by the violated law. A justice court assessment for a state-law violation went through the county treasurer and auditor’s distribution formula; an assessment for a city…
Could a Washington county zone fee patent land inside an Indian reservation under the 1970 AG opinion?
Yes, under the jurisdictional analysis the AG gave in 1970 for fee patent land free of federal restrictions on alienation. The AG distinguished federally held trust or restricted land, which the…
Who controlled elevators in state and county buildings inside a Washington city with an older elevator code in 1970?
The state Department of Labor and Industries did, according to the 1970 AG. A city with a qualifying pre-1963 elevator code retained jurisdiction over conveyances in its own and private buildings,…
Could a Washington employer cite women-only hour and lifting limits to deny a woman a job under Title VII in 1970?
No, if Title VII covered the employer. The AG said conflicting Washington hour and work-condition restrictions could not justify refusing to hire or promote women solely because of sex; the employer…
Could a small Washington noncharter code city create local initiative and referendum rights by ordinance in 1970?
No. For the noncharter mayor-council city described in the opinion, the 1970 AG said the legislature had not granted those powers and the city council could not create them by ordinance. The…
Did Washington counties have to offer two health plans to police and firefighters under the 1970 retirement law?
For general employee coverage under the 1970 law, counties still had to offer a choice of plans through at least two carriers. For coverage provided specifically to law enforcement and firefighter…
Does a Washington state employee receive a vacation payout when transferring to a public university job?
Under the law considered in 1970, no. The employee carried accrued annual leave to the higher education position, whether classified or exempt; a classified transferee could also face the new…
1970 Senate Bill 219 added a new section to SDCL chapter 3-5 letting the Director of Purchasing and Printing buy a blanket bond covering many state officials, with the approval of the Attorney General and the Insurance Commissioner. Does this mean blanket bonds are now mandatory, can only one bond be issued, and what role do the AG and Insurance Commissioner actually play?
Blanket bonds are permissive, not mandatory. The Director of Purchasing and Printing has discretion to purchase or not. If he chooses to purchase, the AG and Insurance Commissioner must each…
Could Washington city voters file a charter city petition while a noncharter code city proposal was pending?
No. The AG said a petition proposing a different city classification could not be accepted while an earlier noncharter code city reclassification proceeding remained pending. A statutory exception…
Did Washington’s insurance tax preemption shield brokers and solicitors from city business taxes?
No. The AG said the 1969 preemption for insurers and “their agents” covered insurer appointed agents, but did not bar city excise or privilege taxes on brokers and solicitors acting in those roles.
Did Washington’s 1970 city bidding law cover insurance and ordinance codification contracts?
Yes. The AG read “services” in the bidding statute to include liability and casualty insurance and ordinance codification, so second through fourth class cities had to seek bids when either contract…
When did Washington’s 1970 AG opinion require Miranda warnings during a temporary police stop?
The AG said a temporary stop required specific, articulable facts but less than probable cause. Its 1970 reading called for Miranda warnings before further interrogation once officers had probable…
Could Washington plat approval depend on drainage releases from landowners outside the subdivision?
No. The AG said the 1969 platting law barred a city, town, or county from requiring damage waivers from owners of land outside a proposed subdivision as a condition of plat approval.
Can a South Dakota school board buy group insurance that pays its employees a wage substitute when they are out with a disability or sickness, or is that off-limits because the board's enabling statute only mentions 'health' insurance?
Yes. Mydland concluded that wage-protection insurance for disability or sickness fits inside the statutory definition of 'health insurance' in SDCL 58-9-3, so SDCL 13-10-3 authorizes school boards…
Could Washington public utility and port districts build irrigation systems for farmland reclamation in 1969?
The 1969 AG said a public utility district could develop an irrigation distribution system for agricultural reclamation, while a port district lacked that authority. The state reclamation fund could…
Could Washington legislators withdraw a constitutional amendment already filed for a vote in 1969?
The 1969 AG said the legislature could not withdraw and revise a proposed constitutional amendment after the required vote and filing with the secretary of state. It could submit a second amendment…
When did Washington’s 1969 two percent fire pension increase start for widows already receiving benefits?
The 1969 AG said a qualifying widow already receiving benefits because the firefighter died or retired for service-related disability before July 1, 1969 used the July increase provision. A widow of…
Could a retired Washington homeowner reclaim exempt property tax paid by mistake without an earlier exemption filing?
Yes. The 1969 AG said an eligible retiree who paid the exempt first $50 by mistake, inadvertence, or lack of knowledge could prove eligibility with a timely refund claim, even without claiming the…
Did Washington have to pay half of a county prosecutor’s retirement and Social Security costs in 1969?
No. The 1969 AG said the state’s statutory duty to pay half of each county prosecutor’s salary did not include half of the employer contributions for retirement or Social Security.
Could a Washington county set a higher general tax rate outside its cities in 1969?
No. The 1969 AG said a county of the fifth class or under could not impose a higher regular county levy for general purposes on unincorporated property than on property inside its cities and towns.
The Small Business Administration proposed that South Dakota's permanent school fund invest in the guaranteed portion (90%) of SBA-guaranteed bank loans to small businesses. The state Constitution allowed the fund to be invested only in 'securities guaranteed by the United States.' Could the fund buy a 90% SBA guarantee on a bank's small-business loan?
No. The AG said the constitutional phrase 'securities guaranteed by the United States' might be read to permit the proposed purchase of a fully protected portion of an SBA loan. But SDCL 5-10-18…
How were Washington tideland lease rents divided when a port built improvements after 1967?
The 1969 AG said state management deductions came out before splitting tideland or harbor lease rent. For port improvements built after the 1967 amendment, the port received all net rent…
Which investments could a Washington city fire pension board buy under the 1969 amendment?
The 1969 AG said a city fire pension board could invest in the classes added to the municipal pension investment statute. Its separate fire pension investment authority remained available.
What county funds and services had to transfer to Washington intermediate school districts in 1969?
The 1969 AG said counties could pay the required half-year amount to intermediate school districts monthly by current-expense-fund warrant. They could not hold back a superintendent’s salary or…
Did a Washington assessor have to inspect property before changing its tax value in 1969?
The 1969 AG said the statute required a county assessor to physically inspect real property before changing its true and fair tax value. It found no such requirement in the state constitution.
How did Washington’s 1969 valuation change affect a school district’s bond limit?
The 1969 AG said school district bonding capacity used the actual true and fair value of taxable property, rather than assessed value. For the district in its question, whose property had been…
Could a Washington city police officer retire above captain rank without three consecutive years in that rank?
The 1969 AG said an officer needed three years above captain rank at some point during covered service, not three consecutive years immediately before retirement. An officer electing the higher…
Did Washington’s 1969 police pension changes increase benefits for widows already receiving pensions?
The 1969 AG said the removed Social Security and other-pension offset applied prospectively to widows already receiving the special pension. It also calculated the annual two percent increase from…
When a common school district was carved up and merged into two different independent districts in 1969, who got to decide whether the elementary school in one of the new pieces stayed open or closed: the people in the closing-vote area only, the people in the original common district, or the school board?
Only the people who lived in the area that originally operated the elementary school (the 'A-1' area in the example) got to vote on closing it. Once the reorganization carved away the 'A-2' area…
Which interest rate applied to overdue Washington property taxes paid after May 8, 1969?
The 1969 AG said the amended 10% annual interest rate applied when delinquent real or personal property taxes were tendered on or after May 8, 1969, even if the tax had become overdue before the amendment.
Did a Washington school board seat become vacant when its director moved to another director district?
No. The AG said a director who moved between director districts within the same school district could serve the remainder of the elected term. The director represented the entire school district,…
Could a Washington charity or city license the gambling devices and games addressed in the 1969 AG opinion?
The AG said the specified pinball, punchboard, and pull tab devices were unlawful under then state law; paid card games and prize bingo also violated the statutes it discussed. Charitable purpose…
South Dakota's 1969 Minimum Wage Law set a one-dollar-per-hour minimum for workers 'over the age of seventeen' in listed industries including restaurants. Does coverage start when the worker turns seventeen, or when the worker turns eighteen? And does the law apply to car hops working at a drive-in?
Coverage started at seventeen, not eighteen. 'Over the age of seventeen' meant the worker had reached his seventeenth birthday, so a seventeen-year-old car hop was covered. And yes, a drive-in…
A candidate for Aberdeen mayor had lived in Aberdeen for 25 years total, but had spent about two years living and registered to vote in Sioux Falls before moving back. The statute said a city commissioner must have been 'a resident of the city for at least two years prior to his election.' Did the two-year residency have to come immediately before the election, or could it have been at any earlier time in the candidate's life?
It had to be immediately before the election. The AG ruled that reading the statute to allow any two-year residency from any point in the candidate's past would lead to absurd results (a person who…
Could Washington contract to hold county jail prisoners in an existing state felony prison in 1969?
No. The AG found no authority for the state institutions department to make that arrangement. The interlocal cooperation law allowed agencies to combine existing powers but did not create a new…
Could a Washington county prosecutor also serve as juvenile probation officer after the 1969 court rules?
No. The AG said the new juvenile rules made the prosecutor and juvenile probation officer roles incompatible. It also found that mandatory costs of complying with those rules could qualify for the…
How did Washington’s 1969 property tax opinion treat stored beer, alumina, and barley malt?
The AG excluded unpaid federal beer excise tax from the value of beer still in warehouse storage; treated alumina as exempt ore during the statutory processing period; and found stored barley malt…
In 1969, did probation dismissal or final parole discharge lift Washington’s pistol ban after a covered conviction?
The AG distinguished two dispositions: dismissal after completed probation released a person from the pistol disability, but a parole discharge restoring civil rights did not remove the pistol ban…
Could Washington regulate water quality and industrial waste discharges in irrigation canals and drains?
Yes. The AG said water in irrigation and drainage canals, drains, wasteways, and reservoirs was within the state water quality law. The pollution commission could set standards, and commercial or…
Was Washington real estate excise tax due when an owner put property in a revocable trust for their own benefit?
The AG said no for the transaction described: an owner transferred title to themselves as trustee, kept the right to revoke, and remained the beneficiary. Without valuable consideration, the…
Which Washington district commissioners could receive a pay increase during their terms after the 1968 amendment?
The AG said public utility and fire district commissioners still could not receive midterm increases because they fixed their own pay. Port commissioners could receive voter approved increases;…
Which fatality claims counted when Washington set workers’ compensation employer premiums in 1969?
The AG said the department could use a five year period to average pension claim costs. Deaths of unmarried workers with no surviving beneficiaries or dependents did not count in that pension claim…
Did a registered Washington civil-defense worker qualify for injury benefits while working under Red Cross control?
The Attorney General concluded in 1968 that registration alone did not qualify the worker. The injury had to arise from civil-defense service under the general or specific direction and control of…
When was driving a large vehicle “for compensation” under Washington’s 1967 license-endorsement rule?
The Attorney General concluded in 1968 that the special endorsement applied when driving a covered vehicle was a distinct paid job duty. Driving only incidentally or occasionally as part of another…
Could Washington city officers and mayors receive a midterm raise after the 1968 pay amendment?
The Attorney General concluded that the amendment let municipal officers who did not fix their own compensation receive lawful midterm increases despite a contrary city charter. A mayor who voted as…
Could a Washington coroner send a traffic-fatality blood sample to the state toxicologist?
The Attorney General concluded in 1968 that a coroner could send the sample for testing without violating the statute protecting autopsy reports and records. The state toxicologist could ask for…
Could a Washington county include courtroom and office costs when allocating justice-court receipts?
Yes. The Attorney General concluded in 1968 that a county covered by the 1961 justice court act included the cost of courtrooms and offices in justice-court expenditures when computing quarterly…
The McCook County Sheriff drives his personal car for sheriff work. The police radio, antenna, and red warning lights are owned by the county and have to be drilled into the car. When he buys a new car, can the county pay to take the equipment off the old car, install it on the new one, and also pay to repair the holes in the old car?
Yes to both. Because the sheriff's car qualifies as an emergency vehicle and must legally carry the county's police radio and warning lights, the county may pay to install and remove the equipment…
When did Washington’s 1968 officer-pay amendment take effect, and did sitting judges get raises?
The Attorney General concluded that the amendment took effect upon the official canvass and governor’s proclamation, with a 30-day outside limit if those steps were delayed. Once effective, it…
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