Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGLO 1971 NO. 98 >

By letter previously acknowledged you have requested an opinion of this office on a number of questions relating to the authority of a community college in this state to provide scholarships, loans and grants, deferral of tuition, and certain designated awards to the students enrolled therein.  We believe that the legal issues raised by your request may best be met and resolved through paraphrasing your questions as follows:   (1) May a community college receive and disburse federal funds for the purpose of financing programs authorized by, and approved under, federal statutes without regard to the constitutional limitations which are set forth in Article VIII, § 5 of the Washington constitution?  (2) May a community college receive and disburse, without constitutional limitation, funds contributed or donated by private individuals or other private sources?  (3) Is the expenditure by a community college of funds derived from student activity fees, gate receipts from athletic events and school plays, concerts, etc., and television or radio broadcast receipts related to such events, governed by the provisions of Article VIII, § 5 of the Washington constitution which prohibits a loan or gift of the state's credit or its public funds?

AGLO 1972 NO. 98 >

We acknowledge receipt of your letter dated January 13, 1972, requesting our opinion regarding the use of school district funds ". . . for either advertising or the hiring of firms to promote school millage."

AGLO 1970 NO. 99 >

By letter previously acknowledged, you have requested an opinion of this office upon the following question:           "Does the Department of Social & Health Services, which was created by chapter 18, Laws of 1970, succeed to the authority of the State Department of Public Assistance previously granted by the Governor of the State of Washington pursuant to RCW 43.17.120, to enter into and carry out the agreement with the U.S. Department of Health, Education and Welfare under Section 221 of the Social Security Act?"

AGLO 1971 NO. 99 >

This is written in response to your recent request for our opinion on two questions which we paraphrase as follows:   (1) May the same person simultaneously run as a candidate for election to the offices of intermediate school district director and director of a school district located within such intermediate school district?  (2) If elected to both offices, could the individual in question simultaneously serve therein?

AGLO 1970 NO. 100 >

This is written in response to your recent letter requesting our advice on the authority for, and procedures to be followed with respect to, depriving an unfit parent or parents of a child for whom they are unwilling or unable to care ‑ followed, ultimately, by the placement of the child for adoption without a necessity for obtaining parental consent thereto.

AGLO 1971 NO. 100 >

This is written in further response to your letter of August 17, 1971, requesting an opinion of this office as to whether a county ordinance is binding within the confines of an incorporated city located within such county.

AGLO 1970 NO. 101 >

This is written in response to your letter, previously acknowledged, requesting our opinion as to the applicability of chapter 64, Laws of 1970 (Substitute Senate Bill No. 139) to surface mining activities on lands located within the boundaries of the Colville Indian Reservation.

AGLO 1971 NO. 101 >

You have requested the opinion of this office on a question we paraphrase as follows:  Beginning January 1, 1972, will the salaries of prosecuting attorneys in counties of the fourth class containing a community college be increased to fifteen thousand dollars per annum solely because of the existence within their borders of such a college?

AGLO 1970 NO. 102 >

This is written in response to your recent letter requesting our opinion on a question pertaining to the eligibility of certain real property owned by the Pacific Northwest Conference of the Free Methodist Church of North America for taxation on the basis of a "current use assessment" under the provisions of chapter 87, Laws of 1970, commonly referred to as the open space land act.

AGLO 1971 NO. 102 >

This is written in further response to your recent letter requesting an opinion of this office with regard to the applicability of chapter 109, Laws of 1971, 1st Ex. Sess., relating to environmental activities by public agencies, to Expo 74 and the various organizations participating therein.