State AG Opinions
Free state attorney general opinions with plain-English summaries, full citations, and the original source on every page.
No opinions match these filters
Try fewer or different words, check the spelling, or clear the filters to browse everything.
How did Washington's 1962 fuel tax apply to gasoline sold for Makah reservation use or for boats?
The AG said selling fuel for use on the Makah reservation did not by itself remove the distributor's fuel-tax liability under the then-current law. For marine use, direct delivery into a vessel's…
Did a military spouse temporarily in Washington need a Washington driver's license if licensed in her home state?
The AG said no Washington license was required for the spouse described in the question, so long as she remained domiciled elsewhere and had a valid driver's license from that state.
Did Washington's 1961 extra pension benefit cover judges who retired before it took effect?
No. The AG said the additional benefit for more than eighteen years of service did not apply to a supreme or superior court judge who retired before the 1961 provision took effect. It did not decide…
When a candidate's nominating petition is built from multiple circulating sheets, does the candidate's formal declaration have to be attached to each sheet before it is circulated, or is one declaration attached at filing enough?
One declaration at filing was enough. The 'petition' under SDC 16.0210 is the completed instrument the candidate offers for filing, not each sheet a circulator carries around. A candidate could…
Could the Department of Labor and Industries change an occupational classification even when neither class was insolvent?
Yes. The AG read RCW 51.16.100 as allowing the director to change classes or subclasses when their best interest would be served, without requiring an accident-fund shortage or threatened insolvency.
Could Washington lawmakers use uncommitted capitol land-grant revenue to renovate the legislative building?
Yes, for capitol land-grant revenue not already pledged to bonds. The AG said the amended federal grant permitted renovation of a legislative building, while excluding bond proceeds and redemption…
Could the Legislature let cities tax city-supplied water and electricity to support transit, including a tax only on minimum utility charges?
The AG answered both constitutional questions yes: lawmakers could authorize cities that owned transit systems to tax city-supplied water and electricity for transit support, and could allow the tax…
Did Washington’s new state personnel department cover state ferry system employees?
No. The AG read Initiative No. 207’s preservation clause for personnel covered by chapter 47.64 RCW as retaining the ferry labor-relations system rather than placing ferry employees under the state…
Could a nonlawyer represent a party before a Washington state administrative agency?
A nonlawyer could not appear as a party representative in a contested case before a state agency. For other agency proceedings, the answer depended on their procedures and the public interest;…
Could a Washington sheriff personally accept a federal postal reward for helping solve a crime?
The AG said a sheriff could not receive a reward from the U.S. Post Office Department for a matter connected with sheriff duties. The statutory bar did not cover a reward for a matter wholly…
Could a school district sign a city-annexation petition for its tax-exempt land, and could the land be included?
In 1961 the AG said a school board could not sign the owner petition, though its land could be included without counting its assessed value. The AG expressly overruled the no-signature holding in a…
Could King County build a major-league stadium and buy a professional sports franchise under its 1961 powers?
The AG said the county statutes then cited did not authorize King County to construct and operate the proposed major-league stadium or buy a professional baseball or football franchise. It left…
Could Washington lawmakers put the elected school superintendent under the state Board of Education's direction?
No. The AG said Washington's constitution assigned supervision over all matters pertaining to public schools to the elected superintendent. Lawmakers could prescribe specific duties but could not…
Could Wahkiakum County lease and run a ferry from Puget Island to Oregon when it could not buy one?
Yes. The AG concluded that the county's statutory power to construct and maintain an interstate ferry included the lesser powers to lease and operate one connecting Puget Island, Washington, with…
Did the general election-notice statute replace the notice rules for certain city-annexation elections?
No. The AG said RCW 29.27.080 did not supersede the annexation-election notice requirements in RCW 35.12.020 and RCW 35.13.080. Its reasoning focused on the general statute’s listed election types…
Could federal forest-reserve receipts pay routine costs of a county school superintendent’s office?
No. The AG found no express or necessarily implied authority to use those receipts for the superintendent’s salary, stenographer, travel, car repairs, or office equipment; the superintendent’s…
Could Washington admit a foreign stock insurer whose shareholders lacked Washington-style superadded liability?
Yes. The AG said absence of shareholder superadded liability in the foreign insurer’s charter did not itself bar admission to Washington. It expressly overruled the restrictive portion of a 1926 AG…
Was land transferred to a corporation for stock by its sole shareholder a taxable sale, and could the county waive the tax?
Under the then-current real-estate excise tax statute, yes: land exchanged for corporate common stock was a sale for valuable consideration. County commissioners had no authority to waive the tax on…
Did the Highway Department owe vacation-leave pay after layoffs, including employees who moved to another state position?
The department had to pay accrued vacation leave when a reduction in force actually terminated employment. If an employee instead moved without a break to another state agency or department…
Could a funeral director give police a deceased person’s pre-embalming blood sample on request alone?
No. The AG said a police request by itself did not authorize the funeral director to supply a pre-embalming blood sample. It identified consent or request of the next of kin, a coroner’s request in…
Could a city tax an outside seller making deliveries there, and require a city license for the seller’s commercial vehicle?
A city’s business-and-occupation tax depended on whether the seller was actually doing business inside the city; the AG declined a blanket answer based only on deliveries. It said cities could not…
Could Washington use state medical-assistance funds for eligible tribal members living on or off reservations?
Yes. The AG said enrolled tribal members domiciled in Washington could be considered for state medical care whether living on or off a reservation and on taxable or tax-free land. Eligibility still…
When did the 1959 unemployment-benefit disqualification for refusing suitable work begin?
Under the statute as amended in 1959, the disqualification began on the day the claimant refused suitable work without good cause. Requalification required work and sufficient wages in each of five…
Were motel operators’ purchases of furnishings and supplies for lodging subject to Washington retail sales or use tax?
Yes. The AG said purchases for furnishing and servicing motel rooms were taxable because the motel sold lodging services, not the purchased items as tangible personal property. Its answer depended…
Could state employee and teacher retirement funds buy federally insured farm-loan obligations?
Yes. The AG treated the obligations as fully federally guaranteed within the then-current retirement investment statutes. It expressly overruled its contrary 1957 opinion about the same federal…
Could the highway commission regulate drive-in movie screens visible from state highways?
Not generally. The AG found no broad statutory power to control drive-in theater screens simply because highway drivers could see them. The commission could act if a particular screen qualified as a…
When a reelected county treasurer died before the new term, did the appointed replacement serve into that term?
Yes. The AG said the county commissioners’ appointee remained in office through the start of the new term and until the next general election and the election and qualification of a successor.
Could Washington lease air rights over a freeway to private parties for parking facilities?
No, under the law then in force. The AG found no statute authorizing the proposed air-rights lease; it considered such a project potentially constitutional if lawmakers first enacted proper…
Could a prosecutor or the Attorney General appoint outside-county counsel to assist before a grand jury or at trial?
The prosecutor could not independently appoint a nonresident deputy for grand-jury or trial work, and the AG could not independently appoint a special assistant to help the prosecutor before a grand…
Could missing proposition ballots invalidate a county vote, and could the prosecutor sue to set it aside?
The missing ballots might materially affect validity because eligible voters were unable to vote on a close proposition, but only a court could determine that result. The AG said the prosecuting…
Which specified state funds required a legislative appropriation before the auditor could issue warrants?
None of the named special funds required an appropriation solely by force of the state constitution. The accident, reserve accident, and medical aid funds required one by statute; the listed…
Could a county health officer receive a professional examination fee and a per diem for testimony in a mental-illness case?
The AG said a county health officer could be paid for professional examination services in a mental-illness matter, subject to the facts and proper authorization, but could not receive per diem for…
Could Washington spend the principal of several permanent education and trust funds on buildings or current operations?
Generally no. The AG treated the listed education and institutional fund principal as restricted by the federal Enabling Act, the state constitution, or trust terms. It described distinct amendment…
Could the legislative budget committee audit public schools’ attendance records because the schools received state money?
No. The AG found statutory authority to inspect the state superintendent’s records concerning appropriations, but not to audit attendance records held by school districts, which it treated as…
Could a school district hire crossing guards and grant them traffic-enforcement power?
No. The AG found no authority for school boards to hire crossing guards and vest them with traffic-law enforcement power. The law then provided a different school-patrol mechanism involving…
Could local governments pay a private hospital to remodel detention rooms, and who paid for care pending commitment?
Cities and counties could not make the proposed remodeling contribution to a private hospital. For detention care, the AG looked to the patient’s estate and legally responsible relatives if able to…
Which state agency should receive proposed local platting regulations after planning functions were transferred?
The Department of Commerce and Economic Development. The AG traced the planning-council duties through successive agency transfers and concluded the department inherited the referral role under the…
Could a city add a transit-support service charge to municipal utility bills?
No. The AG said existing municipal utility-rate authority did not permit adding a charge for unrelated transit service, whether the transit operator was city-owned or private. Its answer addressed a…
Could an elected official voluntarily leave the state employees’ retirement system and stop payroll contributions after joining?
No. The AG said the elective official’s initial choice to join did not create a later option to withdraw while serving. The county auditor had to keep withholding required contributions until…
Should county motor-vehicle fund allocations count registered owners’ residence or where their vehicles were mostly used?
The registered owner’s residence controlled under the then-current allocation formula. The AG said predominant vehicle use elsewhere could not replace the statutory owner-residence measure.
Was Tacoma bound by county zoning when establishing a municipal airport outside city limits?
No. The AG read Washington’s then-current municipal-airport statute as allowing Tacoma to establish an airport outside its boundaries without being governed by county zoning regulations for that project.
Could a county offer a reward before felony charges were filed, and could a sheriff claim a county reward?
No reward or poster expense was authorized for a person only suspected of a felony and not charged or convicted. The AG also said sheriffs and deputies could not claim a county reward for…
Were physicians licensed in California or New York entitled to a Washington medical license without examination?
Not automatically. The AG said the director of licenses had discretion under the amended reciprocity statute, even for applicants from states with reciprocal laws. Applicants had to show equivalent…
Was assigning a mortgage-foreclosure purchaser’s certificate of sale subject to real-estate excise tax?
Yes. The AG said the purchaser’s voluntary assignment of a foreclosure-sale certificate was a taxable transfer of a real-property interest, even though the original court-ordered foreclosure sale…
Did Washington parks commissioners appointed without Senate confirmation have to be elected state officials?
Yes. The AG read the statute as reserving the three seats appointed without Senate confirmation for elected state officials. It concluded that the existing appointees who lacked that qualification…
Could one owner of a Washington joint savings account pledge the whole account for a loan in 1957?
No. The AG said an agreement permitting either depositor to withdraw did not also permit either to pledge or assign the account. All joint depositors had to sign for a valid pledge; a one-owner…
Did Washington charge real estate excise tax when a court ordered commonly owned land sold instead of partitioned?
Yes. The AG distinguished a court ordered sale followed by division of proceeds from a partition of the land itself, which was excluded from the statutory definition of a taxable sale.
Could a purchaser recover Washington property taxes paid after the land had escheated to the state?
Yes. The AG said the superior court decree escheating the land to the state was a public record that made the later tax assessment a manifest error, allowing a refund petition under the then-current…
Could a Washington rural county library district spend accumulated funds without a budget item or an emergency declaration?
The AG said accumulated library funds needed an expenditure item in the budget for the year they would be spent. Trustees could not declare an emergency to spend money omitted from the annual…
When county commissioners deadlocked on filling a joint legislative vacancy, could the Governor appoint before sixty days passed?
The AG said waiting until the sixty-day county-commissioner period expired was the preferable course. It did not say an earlier appointment after a hopeless deadlock was necessarily invalid; the…
When did Washington assume liability for damage or injuries during civil defense work in 1957?
The AG said the state could owe for negligent damage to housing obtained by authorized civil defense agents and for injury caused by a negligent civil defense worker. Unenrolled volunteers generally…
Could a city skip a primary in wards with only two candidates, and could its charter elect someone outright at the primary?
Under the then-current statute, a primary was needed throughout the city if any city office had more than two candidates, even in wards with fewer. A first-class city charter could place only a…
Did county assessors have to use state Tax Commission valuation rules, and who made the final property-value judgment?
The Legislature required county assessors to use the Tax Commission’s valuation rules, guides, and manuals. The AG said the state could prescribe general methods, but the assessor retained final…
Could the state library commission accept federal rural-library funds and designate the librarian to administer the program?
Yes to both. The AG read the state library commission’s grant statute as authorizing acceptance and expenditure of federal library funds and its administrative powers as allowing it to designate the…
Who controlled the rates, schedules, and street use of an intracity bus company in Washington?
The AG said the Public Service Commission controlled bus rates and service affecting the general public despite a city franchise. The city retained control over its own street use and related…
Did Washington’s Public Service Commission control railroad crossing signals inside a first-class city?
No. The AG said the statutory exclusion for first-class cities still governed. A 1955 law mentioning “any city” did not clearly restore commission authority over signals or their cost at crossings…
Did Washington’s State Trade Fair Fund need a separate legislative appropriation before the agriculture director could spend it?
No. The AG read the 1955 act as creating a separate trust fund outside the state treasury and making its earmarked money available to the director of agriculture for trade fairs without another…
Could a Washington port withdraw from a union agreement or stop serving customers during a strike?
The AG said a port could not unilaterally withdraw from a valid union agreement without a legally recognized breach or excuse. It gave no categorical answer on liability to customers during a…
Who had to maintain and evaluate cost accounting at Washington public institutions in 1956?
The AG said the director of public institutions still had to install and maintain cost accounting systems after the departmental reorganization. The director of the budget had to evaluate whether…
Did Washington county commissioners have to fill a Senate vacancy when only a possible special session remained?
The AG said commissioners did not have to appoint immediately if all regular sessions had passed and only a possible special session remained. If the Governor called a special session, they should…
How these opinions are useful
- Understand state law: AG opinions are authoritative interpretations of how state law applies.
- Persuasive authority: Not binding like court decisions, but they carry significant weight.
- Government guidance: Often clarify how state agencies and officials should interpret statutes.
- Legal research: Cite AG opinions in letters, motions, and legal arguments.
Browse opinions by state
Two states are not listed and are not pending: New Hampshire publishes its opinions on a page that automated retrieval cannot read, and Rhode Island publishes no complete full-text archive at all. We will add them if that changes.