Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1961 NO. 62 >

(1) and (2) The board of county commissioners does not have the authority to prohibit the use of motorboats upon nonnavigable lakes but may enact ordinances which reasonably regulates the speed and other activities of such motorboats so long as such ordinances are consistent with state regulations embodied in RCW 88.12.010. (3) The board of county commissioners should follow the provisions of RCW 36.32.120 (7) in establishing such regulations. (4) The ownership by the state or a county of property abutting a nonnavigable lake does not affect the authority of the board of county commissioners to regulate the use of motor-powered watercraft on such waters.

AGLO 1974 NO. 63 >

The board of directors of an intermediate school district does not have the authority to invest or to authorize its county treasurer to invest funds which it receives from the state for distribution to local school districts under RCW 28A.48.010.

AGO 1959 NO. 63 >

(1)  The Washington Public Service Commission would not lose its jurisdiction to regulate common carriage by dump truck, if it published its tariff to erroneously designate the tariff rate for such transportation as "wages" and "rental."(2)  The Washington Public Service Commission is without legal authority to publish a tariff which does not constitute a statement of fair, just and reasonable rates for a described transportation service.

AGO 1965 NO. 63 >

Under existing state law the director of the department of conservation is not authorized by chapter 86.26 RCW to participate with port districts in flood control projects.

AGLO 1976 NO. 64 >

(1) It would be legal under the state constitution and applicable statutes for the Washington state data processing authority to agree to a proposed revision in the payment schedule provided for in an existing contract for the purchase of a computer whereby certain payments due during the remainder of the current (1975-77) biennium would be deferred until the next (1977-79) biennium. (2) In the event of such a revision in the payment schedule, the data processing authority may, in theory, change the charges made to users of the computer involved to reflect its own new payment schedule; it may, however, only pass on the new cost figures to those user agencies funded through legislative appropriations to the extent that the revised charges still reflect the actual "true and full value" of the facilities and services received by that user agency in exchange.

AGLO 1975 NO. 64 >

When, during a special session of the legislature which has been convened by the governor under Article III, § 7 of the Washington constitution, a concurrent resolution is adopted by which both houses adjourn until a date certain, each with the consent of the other, the governor has the legal authority to convene another special session to be held during the period of such adjournment.

AGLO 1974 NO. 64 >

The Washington Life and Disability Insurance Guaranty Association, with the approval of the state insurance commissioner, may continue to impose the lien on life insurance policies previously imposed by the Federal Old Line Insurance Company; and it may impose a similar lien on policies issued by Federal Old Line on or after April 1, 1949; the Guaranty Association may also discontinue a past practice of Federal Old Line of waiving certain liens upon death claims and maturities; and it may limit the payment of interest declared by Federal Old Line to October 7, 1968.

AGO 1963 NO. 64 >

When requested by a married county employee to make payroll deductions for the payment of insurance premiums under RCW 41.04.020, or for contributions to the "United Fund" under RCW 41.04.036, or for the purposes set forth in § 3, chapter 164, Laws of 1963 (pledges to the United Good Neighbor or a successor, to a credit union, or monthly dues to a labor union), the county auditor is authorized to make such deduction since RCW 49.48.100 is not applicable.

AGO 1959 NO. 64 >

The State of Washington is not subject to the assessment provided for by the Washington Agricultural Enabling Act and Marketing Order for wheat grown on public and school lands leased to farmers on a share crop basis.

AGLO 1975 NO. 65 >

Where a county, the county commissioners, and prosecuting attorney are sued in their official capacities and a special attorney is employed pursuant to RCW 36.32.200, the costs thus incurred constitute a county expense.