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AGO Opinion Archives 1990-1999
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AGO 1990 No. 1 >  January 9, 1990
AIDS - EDUCATION - HEALTH - SCHOOLS - SUPERINTENDENT OF PUBLIC INSTRUCTION
AIDS ‑- EDUCATION ‑- HEALTH ‑- SCHOOLS ‑- SUPERINTENDENT OF PUBLIC INSTRUCTION 1.  RCW 28A.05.055 requires school districts to provide education on acquired immunodeficiency syndrome (AIDS) at least once during each school year beginning with the 1988-89 school year.2.  If a school district elects to develop its own AIDS curricula, it need not complete the curricula prior to the beginning of the school year, so long as it is developed in time to provide AIDS education at least once during the school year.
AGO 1990 No. 2 >  March 9, 1990
APPOINTMENT - RESIGNATION - OFFICES AND OFFICERS - DEPARTMENT OF WILDLIFE - GOVERNOR - LEGISLATURE
APPOINTMENT ‑- RESIGNATION ‑- OFFICES AND OFFICERS ‑- DEPARTMENT OF WILDLIFE ‑- GOVERNOR ‑- LEGISLATURE 1.  When the Governor appoints a Director of Wildlife pursuant to RCW 43.17.020, to serve at the pleasure of the Governor, and notifies the Senate as required by RCW 43.06.030, the Governor has exercised the power of appointment.  The appointment is complete and effective unless the Senate rejects the appointment pursuant to RCW 43.06.092. 2.  If there is a vacancy in the office of Director of Wildlife, RCW 43.17.040 allows the Governor to make a temporary appointment by either leaving the chief assistant in charge of the department or appointing an acting director.  RCW 43.17.020 prohibits the Governor from leaving such a temporary appointee in charge of the Department of Wildlife for more than one year. 3.   If a Director of Wildlife, who is not a temporary director and has not been rejected by the Senate, resigns the office, the Governor may immediately reappoint the same individual to that office.
AGO 1990 No. 3 >  April 26, 1990
CITIES AND TOWNS - MUNICIPAL CORPORATIONS - TAXATION - PUBLIC UTILITY
CITIES AND TOWNS ‑- MUNICIPAL CORPORATIONS ‑- TAXATION ‑- PUBLIC UTILITY 1.  A municipality that imposes a tax on its electric utility department pursuant to RCW 35.21.860 and [35.21].865 may measure the tax by the utility department's gross revenues, derived from the utility's customers located both inside and outside the city, so long as the tax is within constitutional limits. 2.  A municipality may not levy a tax on another municipality without express authority.  RCW 35.21.860 and [35.21].865 do not authorize one municipality to levy a tax on the electric utility department of another municipality.
AGO 1990 No. 4 >  May 24, 1990
SHERIFF - LAW ENFORCEMENT - CITIES AND TOWNS - CONTRACTS - INTERLOCAL COOPERATION ACT - COUNTIES
SHERIFF ‑- LAW ENFORCEMENT ‑- CITIES AND TOWNS ‑- CONTRACTS ‑- INTERLOCAL COOPERATION ACT ‑- COUNTIES 1.  The county sheriff's duty to enforce state law applies equally in incorporated and unincorporated areas of the county.  2.  If a city is unable to provide for adequate police protection, the county sheriff must take this factor into account in allocating the resources of the sheriff's office.  However, the statutes do not obligate the sheriff to provide a city with a specific number of police officers or a specific level of police services.  3.  If a city wants to obtain a specific number of county police officers or level of police services, the Interlocal Cooperation Act empowers the city to contract with the county to provide those services.
AGO 1990 No. 5 >  June 12, 1990
CIVIL SERVICE - CONTRACTS - DEPARTMENT OF SOCIAL AND HEALTH SERVICES - EMPLOYERS AND EMPLOYEES
CIVIL SERVICE--CONTRACTS--DEPARTMENT OF SOCIAL AND HEALTH SERVICES--EMPLOYERS AND EMPLOYEES 1.  RCW 71A.12.110 empowers the Secretary of the Department of Social and Health Services to enter into agreements to pay the contracting party to perform services that the Secretary is authorized to provide under Title 71A RCW.   2.   The Secretary's discretion to contract out, granted by RCW 71A.12.110, may be limited by negotiated collective bargaining agreements entered into pursuant to RCW 41.06.150(13).
AGO 1990 No. 6 >  June 12, 1990
COUNTY COMMISSIONERS - COUNTIES - OFFICES AND OFFICERS - DISTRICTS - ELECTIONS
COUNTY COMMISSIONERS ‑- COUNTIES ‑- OFFICES AND OFFICERS ‑- DISTRICTS ‑- ELECTIONS 1.  In Board of Estimate v. Morris the United States Supreme Court struck down a voting system in which borough presidents, who were voting members of the Board of Estimates, were elected by the voters of each borough and the boroughs varied greatly in population.  2. In San Juan County commissioners reside in commissioner districts that vary in population, however, the primary and general elections are conducted among voters of the county at large, not merely among the voters of the commissioner district.  The United States Supreme Court has approved such at large voting systems, even where the candidates were required to reside in districts that varied in population.  Board of Estimate v. Morris does not cast doubt on the validity of these decision. 3.  The United States Supreme Court has struck down at large voting systems on grounds that they impermissible diluted the electoral strength of racial or other political minorities in the at large district.  This is a factual question.  At present we are unaware of any facts tending to show this to be the case in San Juan County.
AGO 1990 No. 7 >  August 21, 1990
FIREMEN - PENSIONS - DISABILITY - FIRE PROTECTION DISTRICTS - MEDICAL BENEFITS
FIREMEN ‑- PENSIONS ‑- DISABILITY ‑- FIRE PROTECTION DISTRICTS ‑- MEDICAL BENEFITS 1.  The obligation imposed by RCW 41.18.060 to provide medical care for a fireman who has been disabled cannot be fulfilled by the purchase of a medical insurance policy.  2.   The Firemen's Pension Board established pursuant to RCW 41.18.015 may exercise some discretion in specifying authorized care providers if it does so through properly established procedures.
AGO 1990 No. 8 >  September 12, 1990
SCHOOLS - DISTRICTS - MORTGAGES - REAL PROPERTY
SCHOOLS--DISTRICTS--MORTGAGES--REAL PROPERTY An individual school district cannot finance the acquisition of real property for school district purposes by borrowing funds from an institutional lender and securing payment of the obligation with a mortgage on the property acquired with the loan proceeds.
AGO 1990 No. 9 >  September 21, 1990
LICENSES - BOARD OF REGISTRATION FOR ARCHITECTS - ARCHITECT - ENGINEERS - BUILDINGS - CITIES AND TOWNS - COUNTIES
LICENSES ‑- BOARD OF REGISTRATION FOR ARCHITECTS ‑- ARCHITECT ‑- ENGINEERS ‑- BUILDINGS ‑- CITIES AND TOWNS ‑- COUNTIES 1.  A registered architect or professional engineer must sign and stamp or seal each individual page containing a building construction drawing, or revision thereto, prepared or reviewed by him or her and submitted or permitted to be submitted in support of an application for a building permit, unless the activities are exempt from the requirement that drawings be signed and stamped or sealed by reason of RCW 18.08.410 or 18.43.130(1)-(7), (9). 2.  In the absence of one of the exemptions in RCW 18.08.410, a person who is not a registered professional architect or professional engineer violates RCW 18.08.310 by preparing a design or construction drawing for a building and submitting that design, or permitting that design or drawing to be submitted, in support of a building application. 3.   Under RCW 18.08.460(1) a local building official may accept a request for a building permit and issue the permit based on a design or construction drawing that does not bear the signature and stamp or seal of a registered architect or registered professional engineer, even if the activities are subject to the requirement that drawings be signed and stamped or sealed.
AGO 1990 No. 10 >  October 16, 1990
COUNSEL AND RELEASE - MINORS - JUVENILE COURT - DEPARTMENT OF LICENSING - REVOCATION DRIVERS LICENSES - CRIMES - PUNISHMENT
COUNSEL AND RELEASE--MINORS--JUVENILE COURT--DEPARTMENT OF LICENSING--REVOCATION DRIVERS LICENSES--CRIMES--PUNISHMENT RCW 13.40.265(2)(a) provides that if a juvenile enters into a diversion agreement with a diversion unit concerning certain offenses, the Department of Licensing shall be notified.  Once notified RCW 46.20.265 requires the Department to revoke the driver's license of the juvenile.  These provisions do not apply when the diversion unit employs the counsel and release procedure authorized by RCW 13.40.080(11) instead of entering into a diversion agreement.
AGO 1990 No. 11 >  October 17, 1990
COUNTIES - WEED CONTROL BOARD - SPECIAL ASSESSMENTS - CITIES AND TOWNS - APPLICABILITY OF SPECIAL ASSESSMENT FOR COUNTY WEED PROGRAM WITHIN INCORPORATED AREAS
COUNTIES ‑- WEED CONTROL BOARD ‑- SPECIAL ASSESSMENTS ‑- CITIES AND TOWNS ‑- APPLICABILITY OF SPECIAL ASSESSMENT FOR COUNTY WEED PROGRAM WITHIN INCORPORATED AREAS RCW 17.10.240(1) authorizes the county legislative authority to levy a special assessment against land for the purpose of operating the county's weed program. This assessment may be levied on land located in incorporated areas within the county.
AGO 1990 No. 12 >  October 20, 1990
DISTRICTS - SCHOOLS - ATHLETIC PROGRAMS - EQUAL RIGHTS AMENDMENT - SUPERINTENDENT OF PUBLIC INSTRUCTION - REGULATIONS
DISTRICTS--SCHOOLS--ATHLETIC PROGRAMS--EQUAL RIGHTS AMENDMENT--SUPERINTENDENT OF PUBLIC INSTRUCTION--REGULATIONS 1.  RCW 28A.85.020 and .030 provide that the Superintendent of Public Instruction shall develop regulations to eliminate sex discrimination in the public schools, but RCW 28A.85.020(3) provides that school districts may offer separate but equal athletic teams for each sex.  The Superintendent thus is not authorized to adopt the portions of WAC 392-190-025 and -035 that limit school districts' ability to provide or sponsor separate but equal athletic teams for males and females.  To have separate but equal athletic teams, however, school districts must comply also with constitutional restrictions.   2.  RCW 28A.85.020 and .030 provide that the Superintendent of Public Instruction shall develop regulations to eliminate sex discrimination in the public schools, but RCW 28A.85.020(4) provides that separation is permitted within physical education classes.  The Superintendent thus is not authorized to adopt the portions of WAC 392-190-050 that limit school districts' ability to provide separate but equal physical education classes for males and females.  To have separate but equal physical education classes, however, school districts must comply also with constitutional restrictions.    3.  RCW 28A.85.020 and .030 and WAC 392-190 may apply to the use of school district playing fields by private sports leagues.  The application of these statutes and administrative rules depends on the nature of the relationship between the school district and the private sports league.
AGO 1990 No. 13 >  November 1, 1990
DISTRICTS - SCHOOLS - EDUCATION
DISTRICTS ‑- SCHOOLS ‑- EDUCATION 1.   School districts have broad powers over curricula and instructional materials.  Pursuant to this authority, a school district may select and use educational television programming even though that programming contains advertising so long as the primary and predominant purpose of the program is educational and the advertising content is incidental.  2.   School districts have broad authority over the selection of instructional materials and the acquisition of school equipment and supplies.  Pursuant to this authority, a school district may select school materials, supplies and equipment that contain advertising.
AGO 1990 No. 14 >  November 2, 1990
CITIES AND TOWNS - ELECTIONS - COSTS - LIABILITY OF NEWLY INCORPORATED CITIES AND TOWNS FOR COST OF ELECTIONS PRIOR TO THE EFFECTIVE DATE OF INCORPORATION
CITIES AND TOWNS ‑- ELECTIONS ‑- COSTS ‑- LIABILITY OF NEWLY INCORPORATED CITIES AND TOWNS FOR COST OF ELECTIONS PRIOR TO THE EFFECTIVE DATE OF INCORPORATION RCW 35.02.078 provides for an election on the question of incorporation of a city or town. If incorporation is authorized, a separate election is held prior to the effective date of incorporation to elect persons to the offices prescribed by law. The newly incorporated city or town is not liable for the costs of electing city officials after the election on the question of incorporation but prior to the effective date of incorporation.
AGO 1990 No. 15 >  November 2, 1990
CITIES AND TOWNS - ORDINANCES - REQUIREMENTS TRIGGERED BY PASSAGE OR ADOPTION OF ORDINANCE BY INTERIM COUNCIL OF SOON TO BE INCORPORATED CITY OR TOWN
CITIES AND TOWNS ‑- ORDINANCES ‑- REQUIREMENTS TRIGGERED BY PASSAGE OR ADOPTION OF ORDINANCE BY INTERIM COUNCIL OF SOON TO BE INCORPORATED CITY OR TOWN Certain statutes set forth requirements that are triggered by the adoption or passage of an ordinance. Unless otherwise provided, these requirements apply to the passage or adoption of an ordinance by an interim council created by RCW 35.02.130, even though such an ordinance will not go into effect until the date of incorporation.
AGO 1990 No. 17 >  December 17, 1990
APPRENTICESHIPS - STATE APPRENTICESHIP COUNCIL - DEPARTMENT OF LABOR AND INDUSTRIES
APPRENTICESHIPS ‑- STATE APPRENTICESHIP COUNCIL ‑- DEPARTMENT OF LABOR AND INDUSTRIES 1.   The State Apprenticeship Council has broad authority to approve apprenticeship agreements that are in the best interest of the apprentice and conform to statutory standards.  The Council may disapprove apprenticeship agreements that are not in the best interest of the apprentice and do not conform to statutory standards.  However, if the Council disapproves an apprenticeship agreement, it should articulate the grounds for disapproval.  2.   There are a number of factors to be considered in determining whether federal regulatory standards regarding apprenticeship agreements preempt state standards.
AGO 1990 No. 16 >  December 27, 1990
DEPARTMENT OF TRANSPORTATION - FERRIES - PROHIBITION OF COMMERCIAL FERRY CROSSING WITHIN TEN MILES OF A STATE FERRY CROSSING
DEPARTMENT OF TRANSPORTATION ‑- FERRIES ‑- PROHIBITION OF COMMERCIAL FERRY CROSSING WITHIN TEN MILES OF A STATE FERRY CROSSING 1.   RCW 47.60.120 prohibits a commercial ferry crossing within ten miles of a state ferry crossing.  The prohibition in RCW 47.60.120 applies to passenger-only ferries.   2.   The ten-mile distance in RCW 47.60.120 is ten statute miles measured by airline distance.  3.   The ten-mile rule in RCW 47.60.120 is applied by comparing the state ferry crossing to the commercial ferry crossing.  A crossing consists of the two end points or termini of the run.  If the two end points or termini of the commercial ferry crossing are within ten miles of the two end points or termini of the state ferry crossing, the commercial ferry crossing is prohibited.
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