Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 2005 NO. 14 >

A public facilities district created under RCW 35.57 may allocate properly collected sales and use tax revenues to one or more regional centers as the public facilities district determines appropriate, to the extent consistent with applicable interlocal agreements.

AGO 1983 NO. 14 >

(1) The provisions of § 12, chapter 232, Laws of 1983, prohibiting cities, towns and counties from enacting local laws and ordinances which are inconsistent with, or more restrictive than, that 1983 act do not bar such a municipality from regulating or restricting the possession or use of firearms in specified places (such as taverns, cocktail lounges, public and private schools and institutions of higher learning, municipal and superior court rooms, or city and county jails by visitors and inmates) -even by one who has lawfully obtained a state concealed weapons permit. (2) The provisions of RCW 9.94.040 and 9.94.043, relating to the possession of firearms on the premises of state penal or correctional institutions, do not apply to county or city jails. (3) Although a superior court may, under certain circumstances, order the forfeiture of a firearm possessed by one who was under the influence of intoxicating liquor pursuant to § 6(1)(d), chapter 232, Laws of 1983, the aforesaid act does not make the mere possession of a concealed weapon by such a person a misdemeanor.

AGO 1985 NO. 14 >

The provisions of RCW 82.14B.010, et seq. , authorize a county, in imposing an excise tax on the use of telephone lines in order to provide an emergency services communications system, to do so within incorporated cities and towns as well as the unincorporated areas of the county.

AGLO 1975 NO. 14 >

A person is not eligible for a veteran's preference in a competitive examination for public employment under RCW 41.04.010(1) solely on the basis of a six year enlistment in the Washington National Guard under 10 U.S.C.§ 511(d) with respect to which his only period of active duty (aside from drills and annual training exercises) was for a four month training period as required by that federal statute.

AGLO 1974 NO. 14 >

A county of the first class and a housing authority may contract for the joint construction and/or operation of a group home for the developmentally disabled under chapter 35.82 RCW as amended by chapter 198, § 2, Laws of 1973, 1st Ex. Sess.

AGO 1980 NO. 14 >

(1) A county public transportation authority organized under chapter 36.57 RCW may not extend its operations to routes already served by a private carrier holding a certificate of public convenience and necessity under RCW 81.68.040 without either acquiring the affected operating authority and equipment of the private carrier or entering into a contract with that carrier for provision of all or part of such service.(2) A county public transportation authority organized under chapter 36.57 RCW, when extending its operations to routes already served by a private carrier holding a certificate of public convenience and necessity under RCW 81.68.040, may perform part of such service itself and contract with the private carrier to continue to operate part of the service.

AGO 1992 NO. 14 >

1.  RCW 84.48.010 authorizes the county board of equalization to equalize the assessment of the property in the county.  The board has the authority to equalize property on the assessment role on its own motion, even if the property has not been revalued in the current year. 2.   If the board of equalization equalizes the value of property on the assessment role, that was not revalued during the current year, the board must measure the value of that property against the fair market value in the assessor's revaluation year in which the property was valued.

AGO 1992 NO. 15 >

1.  RCW 3.46.150 provides that a city may give notice to the county legislative authority to require termination of a municipal department of the district court.  The municipal department is terminated through amendment to the county's district court districting plan.  2.  District court judge who had been serving in a municipal department of the district court remains a district court judge following termination of the municipal department until he or she vacates the position prior to the end of his or her term, or the term expires.  3.  The term of office for a judge of a municipal court established by city ordinance is four years.

AGO 1998 NO. 15 >

1.  A county does not have authority to ban video or sound recording of a meeting required to be open to the public by the Open Public Meetings Act (RCW 42.30); the county could regulate recording only to the extent necessary to preserve order at the meeting and facilitate public attendance. 2.  A county has authority to ban video or sound recording of any lawful executive session of a public meeting. 3.  If a meeting is not an “open public meeting” as defined in RCW 42.30, but is required to be an open meeting by some other statute, the extent of the county's authority to restrict recording of such a meeting would depend on the language and the intent of the controlling statute. 4.  If a county officer conducts a “private meeting” as may be defined in law, the county has authority to restrict or prohibit the recording of such meetings.

AGO 1983 NO. 15 >

As a consequence of the enactment of § § 2 and 3, chapter 99, Laws of 1983, every county or city ordinance enacted after the effective date of that act (April  22, 1983) which imposes or alters the rate of a local sales or use tax imposed under RCW 82.14.030(2), or a real estate excise tax imposed under RCW 82.46.010(2), is subject to the referendum procedures prescribed by those two sections of the subject act.