State AG Opinions
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Could Washington drainage district commissioners prepare and issue their own warrants without the county auditor in 1964?
No. The commissioners authorized drainage district warrants, but the county auditor’s office had to draw, prepare, and deliver them under the procedure the AG read in 1964.
Did Washington law require embalming or buying and burning a coffin before cremation in 1964?
No. The AG found no general statutory mandate for embalming before cremation, buying a coffin, or burning it with the body. He said disposal of cremated remains was restricted and any legal…
Could a Washington court keep a driver in jail for failing to deposit the driver education assessment after posting bail?
No. Under the 1964 driver education act, the assessment deposit was required with bail, but a person who posted the court-set bail could not be held pending trial solely for failing to deposit the…
Who set the delinquency date and interest start date for Washington irrigation district service tolls in 1964?
The district board had to set the delinquency date for service tolls. Interest ran from the date the board declared the tolls delinquent; the statutory dates for district assessments did not…
Did a Washington county need a public hearing to end ferry service, and did road crews have to clear plowed snow from driveway entrances?
In 1964, vacating an existing county ferry required the county road-vacation notice and hearing procedure; declining to restore a ferry already destroyed did not. Road crews did not have to clear…
Could salmon canned outside Washington receive the 1964 property tax exemption while stored for shipment out of state?
Yes. Under the law the AG examined, qualifying out-of-state canned salmon could receive the transit-property exemption if the owner filed the required identifying affidavit and shipped it out of…
Did Washington’s 1964 school sick-leave law cover noncertificated employees with oral contracts, and when could full-year staff use leave?
Yes. The AG read “contracts of employment” to include oral contracts. A full-time noncertificated employee contracted for a full year had at least ten sick-leave days available at the start of the…
Could Washington cities and counties pay employees for unused sick leave when they left public employment under 1964 law?
The AG said cities and counties could adopt a severance plan for sick leave as compensation for service performed after the plan began, subject to charter or statutory limits. It excluded school…
Who appointed election officials for Washington school-district elections under the 1964 election laws?
The AG said the county auditor appointed officials for general and special school-district elections under the cited statutes, with an exception for recall elections in class A and AA counties.
When a Washington driver-education assessment was deposited with traffic bail, was it refundable after acquittal or dismissal?
Yes. The AG said the court collected the assessment deposit with covered bail and should identify it on the receipt; if bail was not forfeited and no fine followed acquittal or dismissal, the…
Did Washington’s 1964 AG treat the driver-education traffic assessment as a fine that could lead to confinement for nonpayment?
Yes. The AG characterized the assessment as a fine rather than a tax and said nonpayment could result in jail confinement under the statutes it cited at the time.
Could Washington county commissioners close county offices on a weekday when a legal holiday fell on a weekend in 1964?
Yes for ordinary county offices, under the commissioners’ authority to set their days and hours. The AG said the clerk’s and sheriff’s offices still had to remain open on judicial days.
Could a Washington county commissioner chair also serve unpaid as the county civil-defense director in 1964?
No. The AG said the director was appointed and supervised by a board or council that the commissioner chaired, making the offices incompatible. Serving without additional pay did not change that…
Could Washington county residents enact ordinances by initiative or repeal commissioner ordinances by referendum under 1964 law?
The AG said there was no general county initiative or referendum power under the constitution or statutes then in force. It identified only a narrow statutory referendum concerning county reclassification.
When a Washington traffic fine was partly suspended, which amount set the driver-education penalty assessment in 1964?
The AG said the assessment was based on the lesser amount the person was actually ordered to pay into court, not the fine first announced before suspension.
Did Washington’s 1963 property-tax rule for goods shipped out of state replace the older exemption for stored farm and fish products?
No. The AG said the 1963 amendments to the property-in-transit provisions did not repeal the older exemption by implication. A claimant had to follow whichever statute applied to the property and…
Would a congressionally approved Columbia River compact bar Congress from later authorizing water diversions outside the basin?
No. On the assumed facts, the AG said consent to a state compact would not curtail Congress’s constitutional power to regulate the basin’s waters or authorize a later out-of-basin withdrawal.
Did a Washington third-class city council need its own public hearing to change a zoning plan after the planning commission held one?
Yes. The AG said the city council had to hold a public hearing before acting on a planning commission decision to amend a comprehensive zoning plan or a zoning ordinance under the cited statute.
Was a sole owner's transfer of land to their corporation for new shares a taxable real-estate sale in Washington?
Yes. The AG reaffirmed that land exchanged for newly issued corporate shares was a sale under the then-current real estate excise tax statute, even when one person owned all the stock.
Could Washington's fisheries director let a waterfront owner use state tidelands reserved for public recreation?
No. The AG said the director could arrange public or private access to reserved tidelands, including roads or docks, but could not grant an adjoining owner private use of the tidelands themselves.
Could a Washington third-class city close a platted public street when every abutting owner petitioned for it?
Yes, the AG said a third-class city had that statutory power. A nonabutting owner whose only reasonable access would be lost could still challenge the vacation or seek compensation.
Can a Washington city use its improvement guaranty fund for a district outside city limits, or create a separate water-revenue guaranty?
The AG said the statutory local improvement guaranty fund covered obligations of districts partly or entirely outside a third-class city. The city could not create a separate water-revenue fund to…
Must a Washington county auditor file every map the federal Interior Secretary submits for an irrigation project?
No. The AG read the 1963 amendment to require acceptance of plats showing established farm units, even though federal acreage limits had been repealed, but found no duty under that section to accept…
Could a Washington county pay overtime to a salaried employee for fee-producing work in 1964?
Yes, if the county had authorized and budgeted the extra pay before the work was done. The AG said the fact that the work generated fees did not determine whether overtime compensation was allowed.
Did a Washington cash buyer of livestock need the dealer surety bond before getting licensed in 1964?
Yes. The AG concluded that a livestock cash buyer had to license as a dealer or commission merchant and post the $7,500 bond required at the time, despite the separate cash-buyer definition.
Could Washington school districts put public utility privilege tax payments in a building fund, and did those payments count for operating aid?
The AG said districts could deposit the payments in their general fund, building fund, or both. The payments counted as receipts in the operating equalization formula only to the extent deposited in…
Could a part-time Washington justice of the peace have a temporary replacement, and how was that substitute paid in 1964?
Yes. The AG said a justice court with a part-time justice could designate a pro tempore justice. The substitute’s pay per session day was calculated from the statutory full-time justice salary,…
Did Washington’s 75-acre condemnation limit prevent a school district from buying more land for one community college in 1964?
No. The AG said the limit applied to land taken by condemnation, not land acquired by purchase or another method. A single college could not double the condemnation allowance by having both academic…
Could Washington lease the ocean bed beyond outer harbor lines for oil and gas exploration?
The Attorney General concluded that the state constitution's harbor-line restriction did not bar leasing submerged land beyond the lines for oil and gas exploration. He read the constitutional ban…
Could a Washington water district pay health-plan premiums for employees, dependents, and commissioners?
The Attorney General concluded that a water district could provide group medical coverage for employees and their dependents and pay all or part of its cost. It could not pay premiums for district…
Did Washington's real estate excise tax apply when a parent corporation transferred land to its wholly owned subsidiary for no new stock?
The Attorney General concluded that the transfer was not subject to the one-percent real estate excise tax. Although title moved between separate corporations, the parent received no stock or other…
Could Washington sell property at a federally granted emergency airfield and reserve the proceeds for airfield improvements?
Yes. The AG concluded that the Aeronautics Commission could sell surplus property under state disposal law and establish a special account for proceeds when the federal grant required their use on…
Which 1963 Washington fee schedule applied to shop inspections and used-boiler inspections?
The AG concluded that the new 1963 schedule applied to shop inspections, while the older schedule in RCW 70.79.340 continued to govern inspections of secondhand and used boilers.
Could a Washington high-school student be excused from physical education on a parent’s written request?
Yes. The AG concluded that the 1963 governor’s veto preserved the rule requiring a high school to excuse a student on a parent’s or guardian’s written request, without limiting the grounds for that…
Could a Washington county redefine a real-estate sale to exempt transfers into a corporation partly owned by the transferor?
No. The AG said county commissioners had no delegated power to change the statutory meaning of “sale” or create an exemption for transfers to corporations in which the owner held a specified share…
Could Washington county commissioners rent road equipment to local civil defense organizations?
Yes. The AG said counties could rent road equipment owned by their equipment rental and revolving funds to political subdivisions’ civil defense organizations for civil defense purposes.
Could territory withdraw from the Municipality of Metropolitan Seattle under Washington law in 1963?
No. The AG said the metropolitan-municipality statute had no withdrawal or detachment procedure, and changing municipal territory required statutory authority. It therefore did not reach what…
Could Washington’s commerce department prepare a state comprehensive plan and use federal planning funds?
Yes. The AG said 1963 legislation assigned the department state comprehensive planning, including planning under the federal Housing Act, and authorized it to receive and expend federal or other…
Could Washington cities require civil-service police and firefighters to live in the city or retire at a set age?
The AG said cities could not make continued city residence a condition of retaining civil-service police or fire jobs. A city could set a reasonable, nondiscriminatory retirement age for employees…
Did a jointly operated Washington municipal airport board have to seek public bids for work and equipment?
The AG said no state bid law then applied to the joint airport board’s public-work and equipment contracts. The board could negotiate, subject to the governing bodies’ approval where the airport…
Could a Washington city limit fireworks permits to charitable and public-service groups?
No. The AG said state law allowed any adult or group to apply, so a city could not categorically confine permits to those groups. The governing body had to consider each application and decide…
Should a proposed Washington constitutional amendment go on the ballot when its required companion bill failed?
No. The AG said House Joint Resolution No. 4 was expressly conditioned on passage of House Bill No. 56. When that bill failed, the resolution became null and void and the secretary of state should…
Could Washington fisheries rules allow nonmembers to fish a Yakima River stretch bordering the reservation?
The AG said no. It read the 1855 treaty as reserving exclusive fishing rights to the treaty tribes in streams bordering the reservation, including the described Yakima River stretch; a conflicting…
When was alfalfa seed exempt from Washington personal property tax after harvest?
The AG said shipment out of state did not exempt seed already sold to a processor, because alfalfa seed was outside the grain and vegetable exemptions. Seed still owned by its farmer-producer on the…
Could a nonhigh Washington school district’s share of high-school construction exceed its bond capacity?
Yes. The AG said an equitable participation plan could require more than the district could raise by bonds alone; the remainder had to be sought through an excess tax levy submitted to district voters.
Did Washington’s new 30-day marriage-license expiration rule void licenses issued before it took effect?
No. The AG said the 1963 expiration rule applied only to licenses issued after the act’s June 13 effective date; licenses issued earlier were unaffected.
Could Washington’s state auditor allow municipalities to use a cash overage and shortage account?
Yes, if the auditor found the proposed “long and short” account met statutory accuracy and true-account requirements. The AG found no legal bar but left the factual accounting assessment to the auditor.
Could county school superintendents elected in 1962 receive a 1963 legislative salary increase before taking office?
No. The AG said Washington’s constitution barred increasing a county officer’s salary after election, even though the increase took effect before the elected superintendents’ terms began.
Could Washington State Parks accept donated park land inside a city and pay to maintain it?
Yes. The AG said the commission’s donation and management authority was not limited by city boundaries, and state park funds could maintain and operate land donated for state park purposes.
Could privately owned parking areas count as public highways under Washington motor-vehicle laws?
The AG said public use, rather than ownership alone, controlled the motor-vehicle-code definition: a place open to general public vehicle travel could qualify. It noted separately that accident…
Could a governor-appointed trustee sign one group health-insurance contract for all Washington state agencies?
No. The AG said the 1963 statute placed the discretionary contracting authority with each agency’s principal supervising official or governing body, which could not redelegate that responsibility to…
Did Washington’s oil and gas conservation law govern continental-shelf lands off the state coast?
The AG said the law applied between Washington’s coastline and its three-mile western boundary, where the state oil and gas committee administered it. Federally owned outer-shelf lands beyond that…
Was a store prize-card promotion a lottery if customers could earn free punches without buying anything?
Yes, on the described facts. The AG said prize and chance were present, and consideration was present because paying purchasers and nonpaying visitors participated in one inseparable promotion. A…
Did Lincoln County have to keep its civil defense and health offices at the county seat?
No. The AG said neither office had a specific county-seat location requirement, and the general statute requiring furnished courthouse space for county officers did not force those offices to be in…
Who paid detention costs after a Washington state-hospital commitment order but before the ambulance arrived?
The AG said the county was not responsible for that interval. After entry of an immediate hospitalization order, detention was incidental to transportation and its cost followed the statute’s…
Did a Washington county treasurer have to report unpaid property taxes to a mortgagee, and could the treasurer charge?
The AG said the treasurer had to search the tax rolls and report unpaid real-property taxes to a requesting mortgagee without a fee. A negligent search could create liability; a signature was not…
Was real estate excise tax due when a Washington general partnership distributed land to partners on dissolution?
Generally no when the distribution simply fulfilled partners’ statutory rights. The AG said tax could arise if an agreement gave a partner more than an existing right or a partner paid more than…
Did a Washington county education board member lose office by moving to another member district?
Yes. The AG said a member who voluntarily moved out of the district from which elected no longer met the continuing residency qualification and immediately created a vacancy on the county board of…
Could Washington waive or reduce ferry fares for students riding school buses on educational trips?
The AG said the Toll Bridge Authority could not give those students free passage under the governing bond resolution. It could consider a reasonable fare classification and reduction with its…
Could Washington justice courts charge jury, witness, and sheriff fees under the 1961 Act?
Yes, in the manner allowed by the cited fee and cost statutes. The AG said those fees were outside the special definition of court costs in the fine-suspension section and could not be suspended…
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