State AG Opinions
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Could a Washington county assessor raise every assessment by one percentage without inspecting every parcel in 1965?
Yes, within the then-applicable value ceiling. The AG said an assessor could make a uniform percentage adjustment without inspecting all property that year, even if records showed assessed values…
Could a Washington state college pay trustees $40 per meeting on top of expenses in 1965?
No. The AG said trustees could be reimbursed for authorized expenses, but the proposed extra $40 attendance payment was compensation that the legislature had not authorized.
Could a Washington parole-board chair remain chair after the appointing governor’s term ended in 1965?
The AG said the chair designation lasted only through the appointing governor’s term. The member still retained the separate fixed board term unless removed for cause under the governing statute.
Could a Washington city pay its county sheriff under a contract to provide city policing in 1965?
No. The 1965 AG found no express or implied state authority for the proposed city-county contract reimbursing the county for sheriff personnel and services, while separately noting the sheriff’s…
Were seed peas held by a seed company exempt from Washington property tax in 1965?
Under the contract described, yes for the original-producer exemption: the company owned the crop throughout and the AG treated it as the producer. Seed peas grown for planting did not qualify for…
Did Washington’s 1965 city-law changes alter Enumclaw’s municipal court judge’s status?
No. The AG said the general recodification made no substantive change, and the amended police-court statute did not govern Enumclaw because it had elected a municipal court under the 1961 Justice…
Did a Washington goods-in-transit tax exemption require a specific out-of-state customer order in 1965?
No. The AG said no firm order or fixed destination was needed when goods entered Washington or the affidavit was filed. The specific exempt goods still had to be identifiable as those later shipped…
Did earlier city improvement assessments survive foreclosure of a later irrigation district assessment in 1965?
Yes. The AG said an earlier local improvement district assessment lien of a third-class city had priority over a later irrigation and rehabilitation district assessment; foreclosure of the later…
What civil claim limit applied to a part-time Washington justice of the peace who was an attorney in 1965?
The AG said the $500 monetary-jurisdiction limit applied to a part-time justice, even if that justice was an attorney. The higher $1,000 limit required both attorney qualification and full-time service.
How did Washington’s 1965 school salary appropriation measure required raises?
The AG said each district was to reach the specified average raises for certificated and noncertificated staff if funds were available for all district functions. The percentages applied to each…
Did Washington school districts owe retirement contributions for noncertificated employees’ earlier service in 1965?
Yes. The AG said districts entering the state employees’ retirement system had to contribute for eligible employees’ service dating from April 1, 1949, but could spread the additional payments over…
Could a Washington county commission appoint one of its members as county auditor in 1965?
No. The AG said the board could not appoint a sitting member to the auditor vacancy. A prearranged resignation solely to receive that appointment did not cure the problem; the opinion left other…
Could boaters attach anchor buoys to state oyster-lease tidelands in 1965?
The 1965 AG said members of the public could not attach anchor buoys that interfered with the oyster lessee’s primary cultivation rights. The lease did not automatically eliminate public navigation rights.
Did a Washington bill referred to voters in 1966 need the governor’s approval before the election?
No. The 1965 AG said that if both houses passed the congressional-redistricting bill with its referral clause intact, it could go to the 1966 election without the governor’s approval because the…
Could a Washington school district buy multiyear insurance and pay premiums annually in 1965?
Yes. The 1965 AG said a school board could contract for fire, theft, and liability coverage over several years with annual premiums. It viewed each payment as a condition of coverage, not a binding…
Could Jefferson County help pay for a bridge entirely inside Clallam County in 1965?
No. The AG said the proposed Coon Creek bridge was entirely in Clallam County and neither the creek nor road formed the county boundary described in the joint-construction statute.
How was pay set for Washington’s adjutant general and assistant adjutants general in 1965?
The 1965 AG said each officer on active duty received the pay and allowances in the federal schedule for the officer’s rank, grade, and years of service. The governor’s authority over certain fixed…
Which district determined eligibility for a Washington legislative vacancy appointment after 1965 redistricting?
The old district. The 1965 AG said an appointee filling an unexpired term had to belong to the predecessor’s party and live within the district as it existed when that predecessor was elected or appointed.
Could a Washington port district buy ferries and lease them to the state ferry authority using revenue bonds?
Yes. The 1965 AG said a port district could buy ferries, lease them to the Washington Toll Bridge Authority, and issue bonds payable solely from the lease revenue.
Could one house pass a Washington bill in the regular session and the other in a special session?
No. The 1965 AG said a governor-convened special session was a new session. A bill needed introduction and separate passage by both houses during that same session, even if it kept its old number or…
Could a Washington sheriff add processing charges to the concealed weapon license fee in 1965?
No. The AG said the statute fixed the license fee at $1 and supplied no authority to add charges for handling, mailing, or record searches; it separately noted a different provision for noncitizen…
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.
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