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Could a Washington public employer make its first union contract’s wage increase effective before the contract was signed?
In 1974, the AG said yes if an earlier interim agreement made clear that wages paid during negotiations were not full compensation. Certification of the union alone did not create that agreement.
Could a Washington hotel or restaurant count tips and meals toward the state minimum wage in 1974?
The AG said no for employees covered by both state and federal law. The hotel or restaurant still had to pay the Washington cash minimum wage, even if federal law would have allowed a lower cash…
Did Washington’s 1974 sleepwear safety law cover children’s sizes 7 through 14 and equivalent adult-labeled sizes?
The AG said yes. It also concluded that the state law could be enforced before the federal standard for those larger sizes took effect, by reading the state law to require the then-existing federal…
Did a Washington candidate's ballot filing fee count as a campaign expenditure?
Yes. The Attorney General concluded that a required candidate filing fee counted as an expenditure under Initiative No. 276 because paying it helped put the candidate on the ballot and furthered the…
Could a Washington state agency let an employee use a state or leased car for personal trips as a job benefit?
In 1974, the AG said authority to fix an employee’s salary did not permit unrestricted personal car use. Broader authority to employ or compensate could support a long-term leased car benefit, but a…
Was Washington real estate excise tax due when a corporation transferred land to shareholders for their stock?
For the partial liquidation and stock-redemption transactions presented in 1974, the AG said yes: surrendered shares supplied valuable consideration. The tax measure was the stock’s market value if…
Could a Washington county pay professional-association dues for its officers?
In 1974, the AG said a county could pay reasonable dues for optional membership when it expected a direct county benefit of commensurate value. It could not pay dues for membership an officer had to…
Could Washington require candidates who could not afford a filing fee to pay it before appearing on the ballot?
In 1974, the AG concluded that Washington could no longer enforce its candidate filing fee against people unable to pay. The secretary of state could require a sworn statement of inability to pay as…
Could a Washington landlord pool tenants' security deposits and keep the interest they earned?
The Attorney General said the landlord could use one deposit account if it kept exact records of each tenant's share. Earned interest belonged to the tenant, though an express rental term could…
Could a Washington landlord face criminal charges for entering a tenant’s home without permission in 1974?
The AG said an unauthorized, knowing entry could expose the landlord to criminal trespass prosecution, and the landlord could not use the statute’s former-tenant possession defense. Burglary was…
Could Washington county commissioners receive a legislative pay raise and increase their own health benefits midterm in 1974?
The AG said commissioners could receive a midterm salary increase set by the state legislature, but could not give themselves a midterm increase in county-paid health benefits. The distinction…
Which leaseholds qualified for Washington’s 1973 property tax exemptions, including leases of Indian trust land?
The AG said a qualifying pre-1970 public-property lease still unrenegotiated when the 1973 act took effect could receive the exemption for taxes payable in 1974, but one renegotiated before that…
Could a Washington city police officer execute a municipal court arrest warrant outside city limits under the 1974 law?
The AG said no. RCW 3.50.180 made a municipal court warrant executable across the state, but did not give a city officer arrest powers beyond the officer’s own territorial jurisdiction.
Which rules governed Washington property tax exemptions on 1973 assessments payable in 1974?
The AG concluded that the 1973 law’s broadened exemption standards applied to those assessments, but its new state administration procedures did not. County officials still handled eligibility for…
Did Washington’s 1973 increase in minimum fire and police pensions also raise the base for annual two percent increases?
Yes. The AG concluded that the new $300 monthly minimum became the minimum base for annual two percent increases for the covered pensions and survivors. The annual increases remained noncompounded…
Could a Washington school district teach adult vocational courses on its own, and when could it charge tuition or award credit?
The AG said a district could include vocational courses in its noncredit, nontuition community education program. To charge tuition or grant credit for adult vocational education outside its regular…
Did Washington police need to give Miranda warnings before questioning a focused suspect who had not been arrested?
The AG said yes under its 1974 reading when officers had probable cause and focused their investigation on that person, or their actions reasonably made the person believe they were under arrest. A…
Could a South Carolina county reassess one quarter of its property each year for property tax?
The 1974 Attorney General opinion said reassessing one quarter of Greenwood County annually was not automatically unconstitutional if values were equalized countywide. A property owner would need to…
Could a Washington code city defer a local-improvement assessment for an economically disadvantaged owner?
The AG said yes. A code city could use the first-class-city deferral authority in the cited statute if its local improvement ordinance provided the statutory qualifications and security for payment.
Could Washington police share organized-crime intelligence with a mayor or licensing board in 1974?
The AG concluded that the 1973 disclosure restriction did not bar an officer from sharing specific investigative information with non-law-enforcement public bodies when official duties called for…
Could a Washington school board let outside groups use school facilities for meetings about candidates or ballot measures?
Yes, according to the AG, if the board made facilities available to others on a nondiscriminatory basis under its statutory meeting authority. It treated that use as normal and regular school-board…
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.
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