State AG Opinions
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What sick leave and unemployment rules applied to Washington school district staff in 1966?
For sick leave under the law examined, a part-time employee was one not contracted for a full year; post-1963 hires had statutory minimum benefits. Districts could contribute to unemployment…
Can the South Dakota State Brand Board hire and pay the salary of a third livestock inspector to work alongside the SD Stock Grower's Association's existing inspectors, with the Association paying for the inspector's car and other expenses?
Yes. The Brand Board's authorizing statute, SDC 1960 Supp. 40.1201-2, lets the Board hire a chief inspector and up to two additional inspectors, contract with a nonprofit cooperative association of…
Did Washington paid firefighters’ longevity pay count toward pension contributions and benefits in 1966?
Yes. The Attorney General read the 1955 firefighter pension law to include longevity pay in basic salary for contributions, retirement, and disability benefits, whether or not that pay was attached…
Did a Washington school district need county land-use and building permits for a new school in 1966?
Generally no for the unincorporated county site considered. The district still had to submit the project to the planning agency for an advisory report; state construction aid could require local…
When South Dakota voters were going to vote on whether to incorporate a new sanitary district in the 1960s, who could vote, how was the voter list built, and could ballots be cast absentee?
Only qualified electors who actually resided inside the proposed district could vote (landowners alone could not). The 'voter list' was the census taken under SDC 1960 Supp. 45.3803, not the regular…
Does the South Dakota cooperative-association exemption from the wholesale dealer bond requirement also exempt out-of-state cooperatives doing business in South Dakota, and when does that exemption become available to a foreign cooperative that was already operating in SD before the 1965 Cooperative Act took effect?
Qualified no. A foreign cooperative that had been admitted to do business in SD before July 1, 1965 does not get the SDC 4.2402(3) cooperative exemption from the wholesale dealer bond until after…
Did Washington’s 40 percent turnout requirement for excess tax levies violate equal voting principles in 1966?
The Attorney General said no. In its 1966 analysis, the turnout threshold did not weight votes by a voter’s location or status, and a federal House quorum decision did not impose a conflicting rule…
Could a Washington county acquire extra road right of way for parking along the road in 1966?
Yes. The Attorney General said a county could acquire width for adjacent, contiguous parking when reasonably anticipated traffic congestion justified it. The opinion did not decide authority for a…
Could a fourth-class Washington county build a toll bridge or test tolls on an existing bridge in 1966?
No. The Attorney General said a fourth-class county could neither operate its own toll bridge nor impose temporary tolls as a feasibility test. The state toll bridge authority could build the…
Could Washington fire districts transfer territory without an election when enough area voters signed?
Yes. The 1966 Attorney General said a transfer between adjacent fire districts could proceed without an election when three-fifths of all qualified electors in the area signed the petition, despite…
What seniority and salary benefits followed a Washington teacher who changed districts in 1966?
The receiving district had to credit the transferring teacher under its rules for comparable status and service; a salary match followed where its schedule used those factors. Guaranteed benefits…
Which refuse haulers qualified for a Washington grandfather certificate under the 1961 law?
A carrier needed both permit authority and actual garbage or refuse collection business on July 1, 1961. A permit alone or business begun later did not qualify; nonincidental haulers needed a…
A nonresident had property in Clay County that was assessed and taxed, but the tax was never paid. He moved out of South Dakota. Can the county treasurer sue him under the long-arm statute, and can service be made by publication and certified mail instead of personal service?
The AG concluded the treasurer could bring the tax action under Chapter 163 of the 1965 Session Laws together with SDC 1960 Supp. 57.1026. On service, it quoted Section 3, which permits out-of-state…
When could Washington’s school superintendent advance a district’s state funds in 1966?
The superintendent could approve an emergency advance on a district petition if the emergency warranted it and funds were available. The advance was limited to five percent of the amount due to that…
Could Washington counties reimburse assessor staff for mileage and meals on official trips in 1966?
Yes, within the 1965 law’s terms. County commissioners could set reimbursement amounts by ordinance or resolution for employees’ necessary official travel, including mileage and meals; entitlement…
Who could vote in Washington flood control district elections involving community land or a land sale contract in 1966?
The AG said each otherwise eligible spouse holding benefited community land received the additional acreage votes, and both the seller and buyer under an ordinary real estate contract could vote if…
What pay comparisons did Washington’s personnel board have to use for classified state jobs in 1966?
The AG said the board had to survey prevailing pay in Washington private industry and comparable government work, including local, other state, and federal jobs. It did not have to survey every…
Could the first commissioners of a newly formed Washington port district receive meeting pay during their initial terms?
No. The AG concluded that even if the district adopted the required per diem plan, the first commissioners could not receive that compensation during their initial terms. The opinion distinguished…
Did Washington election officers need to name incumbent representatives beside numbered House positions after the 1965 redistricting?
No. For the 1966 election, the newly created districts and numbered positions had no incumbents to name. For later elections under that district plan, naming incumbents was permissible but not required.
Could a Washington hydroelectric license holder get a partial 1965 fee refund after a landslide shut down its project?
No. The AG concluded that the correctly calculated annual fee could not be partially refunded because the project became inoperable during the year. The proposed credit against the next year’s fee…
Did closed days count toward Washington’s marriage license waiting period in 1966, and could a deputy deliver the license at the sheriff’s office?
Yes. The AG counted all calendar days after filing, including days the auditor’s office was closed. Delivery at the sheriff’s office required a properly appointed deputy auditor and county…
Which financial interests did Washington public officials have to disclose under the 1965 ethics law?
The AG read the 1965 law to cover direct interests above its stated value threshold in enterprises regulated by a qualifying state agency. Covered interests included deposits, stock, and bonds; a…
Did a county treasurer charge an investment fee on school district refunding bond proceeds in 1966?
Yes. When the proceeds were placed with the county or municipal treasurer for investment before bond redemption, the AG said the general investment service fee applied because the refunding bond law…
Did Washington county commissioners have to approve a visiting judge's expense claim?
No. The AG said a visiting judge's sworn expense statement followed a special statutory payment route through the county clerk and auditor, without county commissioner audit or approval.
Could a Washington candidate hold office after a deferred felony sentence and dismissal of the charge?
Yes, if otherwise qualified. The AG said a court dismissal under RCW 9.95.240 after successful probation released the person from the conviction's penalties and disabilities, including the loss of…
South Dakota's 1963 law paid a state quarters allowance to National Guard enlisted members with dependents during the 'annual active duty training period' if they weren't getting the federal allowance. Could a guardsman get multiple payments in a year? Did the payment cover service schools, basic training, or advance/rear detachment service? Or only summer camp?
Only one quarters payment per annual training period, and only for the formal annual training (commonly called Summer Camp, Summer Field Training, or ANACDUTRA). Service schools, basic training, and…
What did “true and fair value” mean for Washington property-tax assessments in 1965?
The AG defined it as market value: the price a willing buyer would pay a willing seller, neither compelled to act. An assessor had to consider all reasonable factors that could affect that…
How was Washington’s real estate excise tax measured when one joint contract buyer sold an interest to the other buyers?
The AG said the taxable selling price included the amount paid for the departing buyer’s equity plus that buyer’s proportional unpaid contract balance. It did not matter that the original seller had…
Could Washington’s conservation director fund a port district’s flood-control project under the 1965 state participation law?
No. The AG said the governing statute listed the local entities eligible for state participation and did not include port districts.
Could a Washington drainage district and neighboring town contract for upkeep of ditches carrying town runoff?
The AG said the district could contract for the town to contribute to ditch maintenance. The town’s own authority depended on the specific services and contract terms providing a benefit within its…
Could Washington county road funds pay for a building on courthouse grounds for road equipment and the county engineer?
Yes. The AG treated both equipment housing and the engineer’s office as proper county-road purposes, assuming suitable arrangements with the county’s current-expense fund for the ground space.
Could a Washington school board reduce or cancel a voter-approved excess levy if its stated purposes could not be achieved?
Yes. The AG said the board could reduce or rescind the levy when its purposes were unattainable, or only part of them could be achieved, by adopting a resolution and presenting it to county commissioners.
How did Washington counties have to divide federal forest payments between schools and roads under the 1965 law?
The AG said at least half had to benefit public schools and the rest went to county roads. Commissioners had discretion over school-purpose allocation, but road snow removal and bridge repair could…
Did a sole escrow agent or partnership with no employees or officers need a commercial blanket bond under Washington’s 1965 law?
No. The AG said that bond protected an applicant against misconduct by employees or officers, so the requirement did not apply to an individual or partnership with none. The applicant still had to…
Did the 1965 Washington escrow-registration exemption for title insurance companies also cover ordinary title companies?
No. The AG said the statute named title insurance companies, while title companies were a separate class and were not included in that registration exemption.
Did a Washington escrow agent’s local representative need separate registration under the 1965 escrow law?
No, if the representative acted for a registered or exempt escrow agent under that agent’s continuing supervision, with the agent financially responsible and paying the representative. The AG…
Did Washington’s AG approve Seattle’s 1965 voluntary student transfers to reduce racial imbalance and transportation reimbursement?
The AG considered Seattle’s described transfer plan constitutionally defensible. It said transportation for transferring students could qualify for state reimbursement even without districtwide…
Could Washington let a private insurance broker decide and place all state insurance and official-bond purchases in 1965?
No. The AG said the purchasing decisions required discretion assigned by law to the director of general administration, and that discretion could not be handed wholesale to a private agent, broker,…
Could a Washington school board member work as a consultant for a migrant day-care program administered by the member’s district?
Yes on the facts the AG considered: an independent community advisory committee controlled hiring, removal, and pay, while the contract liability stayed within the cited statutory exception. The…
Could a Washington township use a January 1965 levy vote to satisfy an election requirement enacted that May?
No. The AG said the township’s earlier vote could not satisfy the new statute’s election requirement because the statute had not yet taken effect when the vote occurred.
Did Washington have to keep its OASI contribution money physically separate, and could the governor delegate investment of its surplus?
The AG said the fund’s money had to be separated physically as well as in the books. The governor could authorize the state finance committee to invest surplus OASI contributions under the cited…
Could Washington transfer eligible university permanent-fund assets for university bonds and construction despite commingled land proceeds?
The AG said eligible proceeds received before the 1965 act’s effective date could be transferred under its limits. Commingling did not bar transfer if eligible and restricted sources could be…
Which insurers could Washington use for state employees’ nonscheduled-flight death coverage under its 1965 law?
The AG said the state could buy the authorized accidental-death coverage from insurers licensed for that type of policy. Although those insurers could issue accidental death and dismemberment…
Could a Washington diking district improve a stream or build flood-control works outside its boundaries in 1965?
Yes, for the works considered. The AG said the district could improve an overflowing stream channel and build an upstream floodwater-retarding structure outside its borders, and operate a pump that…
Did Washington’s real estate excise tax apply when a borrower deeded property to the lender in lieu of foreclosure and immediately bought it back?
The AG said the borrower’s deed to the lender was exempt, but the lender’s contract resale to the former borrower was taxable. Treating both steps as one overall foreclosure-avoidance agreement did…
Could Washington’s Department of Institutions administer the federal mental-health and disability-facility construction programs in 1965?
Yes. The AG said Washington’s 1965 law authorized participation, and the governor’s designation empowered the department to administer the state plan. The governor could also direct the advisory…
When Washington set a 1965 property-tax levy limit, could a district count taxes it could have levied in 1964 but did not?
No. The AG read the preceding-year revenue factor as the amount the district actually levied in 1964, even if it used less than its available millage. The full limit also included the other factors…
Did a Washington lawyer-legislator have to name private clients in the first 1965 ethics income report?
The AG said the legislator had to report a qualifying law firm but not ordinary individual clients under the income provision, because the lawyer was not their employee. The initial report covered…
Were all county justice-court fines deducted before allocating court operating costs in 1965?
No. The AG said all justice-court fees credited to the county current expense fund reduced expenses first. The county’s share of fines and forfeitures then contributed only proportionately, on the…
Could different teacher groups each claim formal representation rights before a Washington school board in 1965?
No. The AG said the organization winning a majority election held the statutory right to meet, confer, and negotiate for all certificated employees, and its membership had to be open to all eligible…
Could Washington hospital and fire districts use public funds for ambulance service in 1965?
Yes for hospital and fire protection districts, the AG said. It treated ambulance service as part of hospital service and reaffirmed an earlier fire-district opinion, but declined to answer for…
Who had to certify an irrigation district’s payment claims under Washington’s 1965 audit law?
A designated auditing officer had to authenticate and certify claims before payment. The AG said the 1965 uniform law superseded the older claimant-verification procedure, while the district board…
Could Washington invest university and college permanent funds in the full teachers’ retirement investment list in 1965?
No, to the extent the funds came from educational grant lands. The AG said the state constitution limited those university, agricultural, normal-school, and scientific-school funds to general…
Could a Washington county finance committee choose banks or deposit amounts for the treasurer in 1965?
No. The AG said the treasurer had discretion to designate eligible depositories and decide the amounts placed in each. The finance committee could make consistent implementing rules but could not…
Could a Washington irrigation district pay annual dues to the state reclamation association in 1965?
No. The AG found no express or implied authority to make general-support payments for the association’s promotional work. It did not decide whether the payments would also be unconstitutional gifts.
How did a Washington drainage district assess maintenance after an originally assessed parcel was split in 1965?
The AG said district commissioners set each current parcel’s amount. Absent a new benefits determination or alternative funding method, they used the original court-jury benefits; a uniformly…
Could Washington state parks permit transmitters, power lines, or fire lookouts on park land in 1965?
Generally yes, the AG said, through the commission’s statutory powers and discretion. But the opinion did not approve any specific parcel; legal restrictions on that land and the proposed use still…
Could a Washington agency offer employee medical coverage only where a carrier served or only to union members in 1965?
A single plan excluding employees by geography or organization membership was impermissible. The AG said a limited plan could be one of several contracts if substantially equivalent coverage was…
Could a countywide utility district keep serving an area after a Washington city annexed it in 1965?
Yes. The AG said the district could continue electric service in the annexed territory even though the city also had authority to serve it. Because of that answer, the AG did not decide a…
Did a nonresident service member owe Washington trailer excise tax or license fees in 1965?
The AG said a qualifying house trailer was exempt from the state excise tax if not used in a trade or business. The federal relief law did not waive Washington’s trailer licensing fee when the…
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