Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1983 NO. 10 >

RCW 28A.58.440 allows the transfer of interest earnings from a school district building reserve fund or building and capital projects fund to another school district fund so long as expenditures from such transferred interest earnings are restricted to instructional supplies, equipment or capital outlay purposes.

AGO 1982 NO. 11 >

Although additional port commissioners may be elected under RCW 53.12.120 as amended by § 1, chapter 219, Laws of 1982 at a special election conducted in November of 1982 (rather than waiting for the next port district general election in November of 1983), the terms of those additional commissioners, if they are so elected, will, nevertheless, not commence until January 1, 1984 since that is ". . . the date provided by law for port commissioners to next commence their terms of office"; in turn, their successors will then be elected in November of 1987 and 1989, respectively, at the same time as other port commissioners, generally, are elected.

AGO 1977 NO. 11 >

Legislation providing for a mandatory minute of silence at the commencement of each school day in the public schools of our state, to be observed for meditation or prayer at the discretion of the students involved, would, if enacted by the state legislature, be constitutionally defensible.

AGO 1963 NO. 11 >

(1) When the Washington state school directors' association has established a schedule of dues for members of the association under RCW 28.58.360, it is the duty of each board of directors to make provision annually for the payment of such dues and to order such payment. (2) If a district fails to pay dues in a particular year, it is the duty of the county auditor (pursuant to a written request of the executive committee of the association) to satisfy the district's obligation by the transfer of district funds, whether the delinquency be for current dues or for dues unpaid during previous years in which the proper schedule of dues was established.

AGO 1981 NO. 11 >

None of the provisions of chapter 198, Laws of 1961, and chapter 20, Laws of 1961, Ex. Sess., authorizing "community colleges" applies to any school district presently operating an extended secondary program (so-called junior colleges) which does not elect to bring its program within the new legislation.

AGO 1985 NO. 12 >

The provisions of RCW 43.09.210 do not prohibit a school district from transferring to its general operating fund certain federal forest funds initially placed in the district's capital projects fund by the school board but not appropriated by the board for a capital projects purpose.

AGLO 1981 NO. 12 >

An airport board established pursuant to RCW 14.08.200 by joint action between two port districts may not develop airport land belonging to the board with irrigation for agricultural purposes; however, such an airport board may lease property to a third party by private negotiation as authorized by RCW 14.08.200(7) even though it is known that the third party intends to develop the land with irrigation for agricultural purposes‑-so long as such development is not made a condition or requirement of the lease.

AGLO 1975 NO. 12 >

A ballot title for a school district excess levy election may exceed the twenty word limit set forth in RCW 29.27.060 only to the extent necessary to cause such title to be in compliance with RCW 84.52.054.

AGO 1968 NO. 12 >

(1) In order to be eligible to sign a petition to dissolve an irrigation district which has an outstanding bonded indebtedness, as provided for in RCW 87.53.030, a person must be a qualified elector under the general election laws and a freeholder of the district, as provided for in RCW 87.53.050. (2) A person must be registered under the state general election laws in order to be a qualified elector within the meaning of RCW 87.53.050. (3) A contract purchaser of land in an irrigation district under a forfeitable executory contract for the sale of real property is a "freeholder of the district" as that term is used in RCW 87.53.050.