State AG Opinions
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Could Washington’s House and Senate carry unfinished regular-session bills into a special session under their own rules in 1965?
Yes. The AG concluded that each chamber could adopt a resolution treating its unfinished bills, memorials, and resolutions as reintroduced at the special session, with their numbers and committee…
Did nonresident shareholders working for a corporate public works contractor count under Washington’s employee residency limits in 1965?
Yes. The AG said shareholder employees counted as employees of their corporation and could not exceed the statute’s nonresident share simply because they owned stock. Its answer assumed no…
Could Washington county commissioners approve several payment vouchers on one signed transmittal instead of signing each voucher?
Yes. The AG approved a transmittal listing each claim and recorded in board minutes. The county auditor could not demand individual signatures solely because of that method, but could reject an…
Could a Washington county commissioner also serve on a school board when the county distributed forest or utility funds?
No. The AG concluded that the offices were incompatible where commissioners had discretion over funds that could go to the school district whose board the commissioner served.
Could the superintendent of a Washington first-class school district also serve as secretary to its school board in 1965?
Yes. The AG concluded that the board could elect its employed superintendent as secretary. It treated the superintendent as an employee rather than a separate public officer and found no prohibited…
Did a Washington second-class school district need two separate votes to build a school with federal or public utility funds in 1965?
The AG said voters had to authorize the construction, but a separate vote to spend already available funds was unnecessary. A funding vote, when needed to raise money, could be combined with the…
Could a Washington county assessor correct a property tax roll showing too many acres without the owner proving the mistake?
Yes. The AG said an assessor who had good reason to suspect an error had to investigate on the assessor’s own initiative and correct a confirmed mistake. The owner did not have to prove the error first.
Did a shared coupon program run by an outside promoter need a Washington trading stamp license in 1965?
Yes. The AG concluded that manufacturers putting coupons on products did not qualify for the original-package exemption when a separate promoter pooled and redeemed the coupons for its own merchandise.
Would a Washington legislator who voted to raise pay for the next term be disqualified from running for reelection in 1965?
No. The AG concluded that a pay increase effective only at the start of new legislative terms would not make current legislators ineligible to seek reelection.
Could a Washington school district offer employees several health plans or cover only selected employee groups in 1965?
Yes, the AG said a district could contract for multiple qualifying plans and define rational employee categories. It could not add district-paid benefits to existing term contracts that made no…
Could a Washington county reserve a road easement over tax-title property before selling it?
Yes, but the AG said the county first had to acquire the easement by condemnation or purchase under RCW 84.64.320. It could not simply devote tax-title land held in trust for taxing bodies to a…
Where could a Washington justice of the peace hold court, and could a small precinct have one?
In a county outside the 1961 Justice Court Act, the AG said a justice could hold court only in the precinct of election. Commissioners could fill a vacant justice office even where the precinct…
When school director district lines change, must the next elected director come from the newly unrepresented district?
No. The AG said a boundary change did not end an incumbent director’s term, and the next election had to fill the expiring director’s seat with a resident of the district tied to that seat, even if…
Could Washington public schools admit private-school students part time and count their attendance for state funding?
The AG said school boards could, but need not, admit private or parochial students for part-time instruction, subject to the facts of the program. The district could count a student for state…
Could 1961 Act justice courts collect Washington’s county law library fee, and could counties fund libraries from current expenses?
The AG said the $1.50 law library fee did not apply to justice courts organized under the 1961 Act. County commissioners could budget tax revenue directly into the library fund, but could not…
Could a Washington town pay for employees’ group disability income insurance and deduct premiums for a group under 25?
The AG said a town could pay all or part of group disability income coverage. A town with fewer than 25 employees could make authorized payroll deductions for group health and accident disability…
Could part of Stevens County be transferred to Spokane County under Washington law in 1964?
Only after statewide enabling legislation. The AG said a majority of voters in the territory had to petition for the transfer, and no general statute then existed to carry out that process.
Did Washington's 1964 safety-glass rule cover replacement panes and fixed side lights in sliding-door assemblies?
Yes. The AG said safety glazing was required for post-January 1, 1964 installations, including replacement glass in older doors and fixed side lights. A retailer that merely sold a door without…
Could Washington county commissioners put every office's capital purchases into one central budget line in 1964?
No. The AG said the county budget had to show capital outlay separately for each office or department. A central purchasing department did not remove that budget classification requirement.
Could a Washington county pay for a sheriff's defense in a false-arrest suit, and require its prosecutor to provide it?
The 1964 AG said a county could fund a defense in a proper case arising from official duties, under a general policy and case-specific decision. It could hire counsel, but could not require the…
Did Washington's 1963 chiropodist-coverage law apply when an older disability policy renewed?
It depended on the renewal terms. The 1964 AG opinion applied the law to new-term renewals after June 12, 1963, but generally excluded older policies that continued under noncancellable or…
Could a Washington school district pay premiums for employees' individual policies under a franchise insurance plan in 1964?
No. The 1964 opinion said school districts could contribute toward group hospitalization and medical insurance, within the statutory cap, but the authority did not extend to individual policies…
Could Washington county commissioners spend public money advertising the county's recreational attractions in 1964?
No. The AG said the commissioners' general statutory powers did not expressly or by necessary implication authorize promoting the county as a tourist destination. It set aside advertising a specific…
Could Washington or its cities require electrician employees of a state-licensed contractor to get separate electrical licenses?
No. Under the 1964 law, the AG said the state licensed electrical contractors, not their employees working for them, and a city could not require those employees to obtain local electrical licenses.
Could Washington's insurance commissioner issue an organized insurer a financing solicitation permit lasting more than two years?
Yes. The 1964 opinion said the commissioner could reasonably set an initial term longer than two years for a subsequent-financing permit under the specific statute governing organized insurers.
Could a Washington city pay to defend officers sued individually for false arrest when the city was not sued?
Yes, in a proper case. The 1964 AG opinion said a city could fund a defense for acts arising from official duties, under an ordinance and case-specific findings. It did not approve paying a judgment…
Did a Washington public utility district need a water permit and construction schedule to draw unappropriated surface water?
Yes. The 1964 opinion said a district seeking water for a public domestic supply had to obtain a permit before diversion and follow the statutory schedule for starting and finishing construction.
Were proof sets and collectible coins held for sale by Washington coin dealers taxable as personal property in 1964?
Yes. The AG treated coins held by dealers as merchandise with collector value, taxable at fair market value, rather than as circulating money covered by the tax exemption.
Where did a Washington city have to deposit a fire district's payments earmarked for firefighter salaries?
The 1964 opinion said the city had to place those payments in its current expense fund if it had no payrolls fund. The AG did not answer a follow-up question about a separate salary-supplement fund.
Could Washington's Legislature combine Benton and Franklin counties if voters in each approved?
Yes. The 1964 AG opinion said legislation creating one new county from both could satisfy the state constitution if a majority of voters in each county approved. It presupposed compliance with the…
Could Washington use proceeds from certain university trust lands to build University of Washington facilities in 1964?
Yes, if the Legislature authorized it. The AG concluded that the 1962 federal amendment permitted proceeds from the university's share of the 200,000-acre grant to fund construction, including…
Could Washington's personnel board give a full-time employee another day off when a legal holiday fell on the employee's day off?
Yes. The 1964 opinion said the board could adopt that rule for legal holidays other than Sunday, with the replacement day taken at the employing agency's convenience.
Could a Washington school district lease an unused house on school property to a private person in 1964?
Yes. The AG concluded that neither cited school statute prevented the lease of an old house not presently needed for school purposes. It treated leasing authority as implied by the district's power…
Could a Washington peace officer other than a sheriff or constable execute a justice court criminal warrant in 1964?
Yes. The 1964 court rule directed justice court arrest warrants to all state peace officers, so an officer in that class could execute one; a warrant still had to be properly directed.
Did Washington's new limited-jurisdiction court rules replace the traffic-case venue statute in 1964?
No. The AG concluded that the new court rules did not conflict with or supersede RCW 46.52.100. A footnote limited that statute's continued application to counties outside the new justice court system.
Could Washington cities, counties, or the state operate public parks inside another municipality in 1964?
Yes, in the situations the AG considered. Cities, counties, and other listed local bodies could acquire or operate parks across local boundaries, alone or jointly, and the state parks commission…
Did a Washington county assessor have to use a planning commission's zoning classification when valuing land for taxes?
No. The 1964 opinion said the assessor had to consider how zoning affected the land's value but could use independent judgment about its best use.
What happened to an elected justice of the peace when a Washington county fully adopted the 1961 justice court act during the term?
If the county made the act fully operative before the elected term ended, the old office ended and the justice could not continue in it or receive a raise during that term. If qualified, the person…
Could a Washington justice court in a county outside the 1961 court act execute a misdemeanor warrant in another county?
No. In 1964, the AG concluded that a misdemeanor arrest warrant from a justice court in a county not governed by the 1961 act could be executed only in its issuing county.
Could Washington drainage district commissioners prepare and issue their own warrants without the county auditor in 1964?
No. The commissioners authorized drainage district warrants, but the county auditor’s office had to draw, prepare, and deliver them under the procedure the AG read in 1964.
Did Washington law require embalming or buying and burning a coffin before cremation in 1964?
No. The AG found no general statutory mandate for embalming before cremation, buying a coffin, or burning it with the body. He said disposal of cremated remains was restricted and any legal…
Could a Washington court keep a driver in jail for failing to deposit the driver education assessment after posting bail?
No. Under the 1964 driver education act, the assessment deposit was required with bail, but a person who posted the court-set bail could not be held pending trial solely for failing to deposit the…
Who set the delinquency date and interest start date for Washington irrigation district service tolls in 1964?
The district board had to set the delinquency date for service tolls. Interest ran from the date the board declared the tolls delinquent; the statutory dates for district assessments did not…
Did a Washington county need a public hearing to end ferry service, and did road crews have to clear plowed snow from driveway entrances?
In 1964, vacating an existing county ferry required the county road-vacation notice and hearing procedure; declining to restore a ferry already destroyed did not. Road crews did not have to clear…
Could salmon canned outside Washington receive the 1964 property tax exemption while stored for shipment out of state?
Yes. Under the law the AG examined, qualifying out-of-state canned salmon could receive the transit-property exemption if the owner filed the required identifying affidavit and shipped it out of…
Did Washington’s 1964 school sick-leave law cover noncertificated employees with oral contracts, and when could full-year staff use leave?
Yes. The AG read “contracts of employment” to include oral contracts. A full-time noncertificated employee contracted for a full year had at least ten sick-leave days available at the start of the…
Could Washington cities and counties pay employees for unused sick leave when they left public employment under 1964 law?
The AG said cities and counties could adopt a severance plan for sick leave as compensation for service performed after the plan began, subject to charter or statutory limits. It excluded school…
Who appointed election officials for Washington school-district elections under the 1964 election laws?
The AG said the county auditor appointed officials for general and special school-district elections under the cited statutes, with an exception for recall elections in class A and AA counties.
When a Washington driver-education assessment was deposited with traffic bail, was it refundable after acquittal or dismissal?
Yes. The AG said the court collected the assessment deposit with covered bail and should identify it on the receipt; if bail was not forfeited and no fine followed acquittal or dismissal, the…
Did Washington’s 1964 AG treat the driver-education traffic assessment as a fine that could lead to confinement for nonpayment?
Yes. The AG characterized the assessment as a fine rather than a tax and said nonpayment could result in jail confinement under the statutes it cited at the time.
Could Washington county commissioners close county offices on a weekday when a legal holiday fell on a weekend in 1964?
Yes for ordinary county offices, under the commissioners’ authority to set their days and hours. The AG said the clerk’s and sheriff’s offices still had to remain open on judicial days.
Could a Washington county commissioner chair also serve unpaid as the county civil-defense director in 1964?
No. The AG said the director was appointed and supervised by a board or council that the commissioner chaired, making the offices incompatible. Serving without additional pay did not change that…
Could Washington county residents enact ordinances by initiative or repeal commissioner ordinances by referendum under 1964 law?
The AG said there was no general county initiative or referendum power under the constitution or statutes then in force. It identified only a narrow statutory referendum concerning county reclassification.
When a Washington traffic fine was partly suspended, which amount set the driver-education penalty assessment in 1964?
The AG said the assessment was based on the lesser amount the person was actually ordered to pay into court, not the fine first announced before suspension.
Did Washington’s 1963 property-tax rule for goods shipped out of state replace the older exemption for stored farm and fish products?
No. The AG said the 1963 amendments to the property-in-transit provisions did not repeal the older exemption by implication. A claimant had to follow whichever statute applied to the property and…
Would a congressionally approved Columbia River compact bar Congress from later authorizing water diversions outside the basin?
No. On the assumed facts, the AG said consent to a state compact would not curtail Congress’s constitutional power to regulate the basin’s waters or authorize a later out-of-basin withdrawal.
Did a Washington third-class city council need its own public hearing to change a zoning plan after the planning commission held one?
Yes. The AG said the city council had to hold a public hearing before acting on a planning commission decision to amend a comprehensive zoning plan or a zoning ordinance under the cited statute.
Was a sole owner's transfer of land to their corporation for new shares a taxable real-estate sale in Washington?
Yes. The AG reaffirmed that land exchanged for newly issued corporate shares was a sale under the then-current real estate excise tax statute, even when one person owned all the stock.
Could Washington's fisheries director let a waterfront owner use state tidelands reserved for public recreation?
No. The AG said the director could arrange public or private access to reserved tidelands, including roads or docks, but could not grant an adjoining owner private use of the tidelands themselves.
Could a Washington third-class city close a platted public street when every abutting owner petitioned for it?
Yes, the AG said a third-class city had that statutory power. A nonabutting owner whose only reasonable access would be lost could still challenge the vacation or seek compensation.
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