Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1966 NO. 71 >

The director of conservation is not authorized to refund to a "claimant" a portion of the annual "power" license fee for the calendar year 1965, which is required to be paid by the claimant under RCW 90.16.050, when the hydroelectric project to which the fee related is made inoperable during the calendar year 1965, by an "Act of God."

AGLO 1976 NO. 71 >

The energy facility site evaluation council is not authorized by chapter 80.50 RCW, or any other law, to institute any form of legal proceeding to compel a given corporation to file an application for site certification or to refrain it from seeking a substantial development permit.

AGLO 1974 NO. 72 >

The oceanographic commission is an agency of the executive branch of state government and not a legislative interim committee.

AGO 1961 NO. 73 >

Where in accordance with a prior agreement an individual transfers separately owned real estate to a grantee by a deed reciting consideration of love and affection and the grantee pursuant to the same agreement then executes a deed setting forth the same consideration and transferring the title back to the grantor and another person as joint tenants the real estate excise tax does not apply.

AGLO 1973 NO. 73 >

(1) In order to engage in the logging of timber within "shorelines of the state" as that term is used in chapter 90.58 RCW, the Shorelines Management Act of 1971, a person will be required to obtain a permit under RCW 90.58.140 (2) under certain factual circumstances.
 
(2) The Shorelines Management Act of 1971 applies to the activities of the state department of natural resources on state‑owned lands under its administrative jurisdiction where such lands are within the "shorelines of the state."

AGO 1961 NO. 74 >

The additional pension benefit provided under § 2, chapter 286, Laws of 1961, for supreme and superior court judges who serve more than eighteen years in the aggregate is not payable to a judge who had retired from service under RCW 2.12.010 prior to June 8, 1961.

AGO 1959 NO. 74 >

A treasurer-clerk of a town may not be paid additional compensation as an emergency measure for the collection of water revenues when no emergency exists.

AGO 1961 NO. 76 >

(1) The substantive provisions of §§ 1 through 7 of chapter 40, Laws of 1973, 2nd Ex. Sess., redefining the standards to be applied in determining the eligibility of certain property for an exemption from property taxation, apply to assessments made in 1973 for taxes due and payable in 1974. (2) The procedural requirements of §§ 9 through 19 of chapter 40, Laws of 1973, 2nd Ex. Sess., under which the function of determining the eligibility of property for a tax exemption is, henceforth, to be performed by the state department of revenue instead of the various county assessors and boards of equalization, do not apply in the case of assessments made in 1973 for taxes due and payable in 1974. (3) The remedies available under existing law for taxpayers who, during 1974, received tax statements covering properties which qualify for an exemption under §§ 1 through 7, chapter 40, Laws of 1973, 2nd Ex. Sess., include a request for cancellation of the assessment as provided for in RCW 84.56.400, a suit for a refund pursuant to chapter 84.68 RCW, or an injunction under RCW 84.68.010 (2). (4) The provisions of § 21, chapter 40, Laws of 1973, 2nd Ex. Sess., making a general fund appropriation to the department of revenue to administer the provisions of this new property tax exemption law, do not authorize that department to reimburse the counties for their costs incurred in determining property tax exemptions during the 1973 assessment year.

AGO 1966 NO. 78 >

(1) Section 5, chapter 105, Laws of 1965, Ex. Sess., clarifies the legislative intent of chapter 295, Laws of 1961 (chapter 81.77 RCW) and prohibits a common or contract carrier from engaging in the business of transporting garbage or refuse for compensation except by authority of a certificate of convenience and necessity issued by the utilities and transportation commission.  (2) Carriers not engaged in the business of transporting garbage and/or refuse for compensation on July 1, 1961, but who have subsequently become engaged in such transportation as a business, are not entitled to certification under the "grandfather" clause of RCW 81.77.040, but must prove a public convenience and necessity.  In order to qualify for a "grandfather" certificate, an applicant must show operations under authority of a common or contract carrier permit.  Mere holding of a permit is not sufficient.

 

AGO 1959 NO. 79 >

Food and beverage service workers employed by a firm operating the catering concession on the Washington state ferry system are not exempt from the requirements of chapter 69.06 RCW which requires permits prescribed by the state board of health.