Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1957 NO. 18 >

Payment of premiums on false arrest insurance for the sheriff and his deputies is for individual benefit and is not a legitimate county expense.

AGO 2005 NO. 18 >

1.  A properly tagged off-road vehicle (ORV) is not permitted to be operated along a public highway. 2.  A county, city, or public subdivision of the state lacks authority to permit off-road vehicles (ORVs) to be operated within its boundaries, except on roads which meet the statutory definition of “nonhighway roads” in RCW 46.09.020(7).

AGO 1989 NO. 18 >

1.Chapter 85.38 RCW authorizes "special assessments" which may be imposed only on property specially benefitted in accordance with article 7, section 9, of the Washington Constitution as interpreted in case law; this chapter does not authorize the imposition of "rates and charges" based on some standard other than special benefit.2.Assessments made under chapter 85.38 [RCW] must be based on the special benefit conferred by a public work or activity on particular property, and may not lawfully be based on the extent of use of public services or other criteria.

AGO 1977 NO. 19 >

Impose a reasonable franchise fee in return for the granting of a franchise to cable television company, and likewise, may also impose similarly reasonable fees for the various other kinds of franchises which are authorized to be granted by RCW 36.55.010.

AGLO 1975 NO. 19 >

The state building code, chapter 96, Laws of 1974, 1st Ex. Sess., supersedes the provisions of chapter 2, Laws of 1973, 1st Ex. Sess., to the extent that the two acts are in conflict.

AGO 1957 NO. 19 >

A board of county commissioners has no discretion in calling or not calling an annexation election under RCW 35.13.040

AGO 1974 NO. 19 >

An initial collective bargaining agreement executed under chapter 41.56 RCW between a county, municipality or political subdivision and the bargaining representative of its employees may contain a provision whereby the salary or wage rates therein agreed upon will be payable for services previously rendered, from and after a designated date prior to its execution, but only if there was in existence during that previous period some kind of agreement that the wages received for their work performed between the date of such agreement and the execution of the collective bargaining agreement are not to be considered to be their full compensation; and no such agreement or understanding can be found from the mere act of certification or recognition of a bargaining agent under RCW 41.56.080.

AGO 1996 NO. 19 >

1.  The procedure established in RCW 90.03.383(3) for modifying a water right permit based on an intertie between public water supply systems applies only to interties existing and in use on January 1, 1991. 2.  Under RCW 90.03.383(3), when the Department of Ecology processes a change in place of use occasioned by an intertie between public water supply systems, the resulting permit(s) should show the quantity of water delivered through the intertie as well as the change in place of use. 3.  Under RCW 90.03.383(4), the Department of Ecology's scope of inquiry is whether each system's use is within the annual and instantaneous withdrawal rate specified in its water right authorization and whether the exchange or delivery through the intertie adversely affects existing water rights.  

AGO 1988 NO. 19 >

A county may not, through an interlocal cooperation agreement with a city or other municipal corporation, use county revenue generated under the tax imposed pursuant to RCW 82.46.010(1) to fund capital improvements on property owned by the city or municipal corporation, unless the county can show that the improvements relate to a county function or serve a county purpose.

AGO 1976 NO. 20 >

Under Article VIII, § 7 of the Washington constitution it is not legal for a county which charges an admission fee for attendance at a fair conducted under RCW 36.37.010, et seq., to waive that charge for nonindigent persons attending the fair for no other consideration, primarily to be entertained rather than in the performance of some official function; it is, however, not illegal for fair officials, news reporters or others who are attending the fair for the benefit thereof in the performance of their employment functions and not merely to be entertained, to be allowed in without paying the usual admission charge.