State AG Opinions
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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,…
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…
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