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AGO Opinions with Topic: STATUTES
AGO 1985 No. 14 >  August 21, 1985
COUNTIES - STATUTES - TAXATION
GEOGRAPHICAL SCOPE OF COUNTY TAXATION AUTHORITY TO PROVIDE EMERGENCY SERVICES COMMUNICATIONS SYSTEM The provisions of RCW 82.14B.010, et seq. , authorize a county, in imposing an excise tax on the use of telephone lines in order to provide an emergency services communications system, to do so within incorporated cities and towns as well as the unincorporated areas of the county.
AGO 1986 No. 7 >  May 9, 1986
PUBLIC RECORDS - STATUTES - TAXATION
AUTHORITY OF STATE AGENCY TO REQUIRE PRODUCTION OF INFORMATION FOR TAX RESEARCH ‑- CONFIDENTIALITY OF TAXPAYER INFORMATION The Department of Revenue has statutory authority to require private businesses to provide information to the Department for research purposes, and information provided pursuant to such a requirement will be confidential and not subject to access by the general public, but the precise limits of the Department's authority depend on judicial determination in specific cases.
AGO 1987 No. 6 >  February 27, 1987
STATUTES - APPROPRIATIONS - COMMUNITY COLLEGES
USE OF BUDGET ACT TO LIMIT DELEGATED AUTHORITY TO FIX COMPENSATION 1.  The Legislature may not, through the use of conditions in its biennial appropriation act and without amending permanent statute, eliminate or limit the authority of community college districts to grant salary increases to district employees. 2.  The Legislature may use conditions in the biennial appropriation act to limit the use of the funds appropriated in the act, including limits on their use for community college employee salary increase purposes, so long as the legislature does not impair vested contract rights. 3.  The Legislature could establish authority to control community college employee salary increases through the biennial budget act, by amending current statutory law. 4.  The State Board for Community College Education currently has only a minor role in the enforcement of salary policy for community college employees.
AGO 1957 No. 135 >  November 21, 1957
SALARY - BOARD OF INDUSTRIAL INSURANCE APPEALS - ADOPTION BY REFERENCE - STATUTES - GENERAL AND SPECIAL ACTS
SALARY ‑- BOARD OF INDUSTRIAL INSURANCE APPEALS ‑- ADOPTION BY REFERENCE -- STATUTES ‑- GENERAL AND SPECIAL ACTS A new member of the board of industrial insurance appeals appointed to serve a term commencing June 18, 1957, is legally entitled to a salary of $14,500 per annum as set by RCW 2.08.090, as last amended by chapter 260, Laws of 1957.
AGO 1955 No. 78 >  May 19, 1955
STATUTES - RETROACTIVITY - APPLICATION TO PENDING PROCEEDING - ELECTIONS - SCHOOL DISTRICT
STATUTES ‑- RETROACTIVITY ‑- APPLICATION TO PENDING PROCEEDING -- ELECTIONS ‑- SCHOOL DISTRICT State effective between dates of first and second school district elections, altering procedure therefor, controls second election.
AGO 1955 No. 93 >  June 9, 1955
STATUTES - CONSTRUCTION
STATUTES ‑- CONSTRUCTION

Adoption of a statute by reference does not include subsequent amendments thereto unless the legislature either expressly or by strong implication so says.Failure to adopt an amendment to an existing act indicates a legislative intention to adhere to the existing act.

AGO 1953 No. 177 >  December 3, 1953
CONSTITUTIONAL LAW - LEGISLATIVE POWERS - UNCONSTITUTIONAL DELEGATION OF POWER - STATUTES - VALIDITY - JUSTICE COURTS - DISTRICTS
CONSTITUTIONAL LAW ‑- LEGISLATIVE POWERS ‑- UNCONSTITUTIONAL DELEGATION OF POWER -- STATUTES ‑- VALIDITY ‑- JUSTICE COURTS ‑- DISTRICTS ‑- DETERMINATION OF NUMBER -- FIXING OF QUALIFICATIONS

It is our opinion that the justice court district act (RCW 3.14.010 and RCW 3.14.030) is an unconstitutional delegation of legislative power, both as it relates to the determination of the number of justices of the peace to be elected and to the qualifications of candidates for such office.  It also violates Amendment 21 of the state constitution relating to uniformity in county government.

 

AGO 1951 No. 467 >  March 7, 1951
STATUTES - CONSTRUCTION OF AMENDMENT - TIME OF TAKING EFFECT - GROUND WATER RIGHTS - EXPIRATION OF PERIOD FOR FILING APPLICATION
STATUTES ‑- CONSTRUCTION OF AMENDMENT ‑- TIME OF TAKING EFFECT ‑- GROUND WATER RIGHTS ‑- EXPIRATION OF PERIOD FOR FILING APPLICATION
The owner of a vested ground water right is entitled to a ground water right certificate at any time within three years after the effective date of chapter 122, Laws of 1947.
AGO 1951 No. 131 >  September 18, 1951
STATUTES - CONSTRUCTION OF - AMENDATORY OR SUPPLEMENTAL - EFFECT OF SUPPLEMENTAL LEGISLATION UPON ORIGINAL ACT - CITIES AND TOWNS - THIRD AND FOURTH CLASS‑OFFICERS - ELECTIVE AND APPOINTIVE
STATUTES ‑‑ CONSTRUCTION OF ‑‑ AMENDATORY OR SUPPLEMENTAL ‑‑ EFFECT OF SUPPLEMENTAL LEGISLATION UPON ORIGINAL ACT -- CITIES AND TOWNS ‑‑ THIRD AND FOURTH CLASS‑OFFICERS ‑‑ ELECTIVE AND APPOINTIVE...

Section 1, chapter 87, Laws of 1939 (Rem. Rev. Stat. Supp.| 9116‑1) as amended by section 1, chapter 108, Laws of 1941, is supplementary to, rather than amendatory of, the provisions of Rem. Rev. Stat. 9116, and all provisions of section 9116 which are not in conflict with the provisions of the supplemental acts of 1939 and 1941 are still in force.

AGO 1951 No. 054 >  May 25, 1951
CONSTITUTIONAL LAW - CONSTRUCTION OF STATUTES - STATUTES - SUFFICIENCY OF TITLE
CONSTITUTIONAL LAW ‑- CONSTRUCTION OF STATUTES ‑- STATUTES ‑- SUFFICIENCY OF TITLE

Chapter 236, Laws of 1951 is unconstitutional as to section 5 inasmuch as the subject of that section is not germane to, nor included in, the title.  Chapter 115, Laws of 1951, complies with all constitutional requirements and requires you to make the disbursements set forth therein.

AGO 2014 No. 2 >  January 16, 2014
STATUTES - INITIATIVE AND REFERENDUM - ORDINANCES - COUNTIES - CITIES AND TOWNS - PREEMPTION - POLICE POWERS
Whether Statewide Initiative Establishing System For Licensing Marijuana Producers, Processors, And Retailers Preempts Local Ordinances

 

  1. Initiative 502, which establishes a licensing and regulatory system for marijuana producers, processors, and retailers, does not preempt counties, cities, and towns from banning such businesses within their jurisdictions.
  2. Local ordinances that do not expressly ban state-licensed marijuana licensees from operating within the jurisdiction but make such operation impractical are valid if they properly exercise the local jurisdiction’s police power.
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