Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1951 NO. 54 >

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 1955 NO. 58 >

Cities ‑- Legislature may provide limits on the salaries of city officials even though the action contravenes the charter provisions of the cities affected.

AGO 1957 NO. 75 >

(1) A member of the 1957 legislature is not eligible for appointment to the barber examining board created by that legislature by reason of the prohibition of Article II, Section 13 of the state. (2) Upon expiration of his present term as legislator, a member of the 35th legislature will not be prohibited by Article II, Section 13, from appointment to a civil office created by that legislature.

AGO 1966 NO. 83 >

(1) The "forty per centum" voter requirement contained in Amendment 17 to our state constitution (establishing the forty-mill property tax limitation) does not conflict with the "one man one vote" principle enunciated by the United States supreme court in its recent decisions applying the equal protection clause of Amendment 14 to the United States constitution in cases involving congressional and legislative apportionment. (2) The "forty per centum" voter requirement does not conflict with the "silent minority" quorum determination rule of the United States House of Representatives which was upheld by the supreme court in United States v. Ballin , 141 U.S. 1 (1892).

AGO 1964 NO. 88 >

Ratification by all states within the Columbia River Basin of an interstate compact, consented to by the Congress of the United States, will not restrict or impair the powers of Congress relating to the regulation and control of the use of waters of the Columbia River Basin.

AGO 1957 NO. 118 >

1. Chapter 232, Laws of 1957, chapter 70.94 RCW, requires that an entire county be included within an air pollution control district but does not require that two or more cities, exclusive of any unincorporated county area, be contiguous. 2. Chapter 232, Laws of 1957, chapter 70.94 RCW, requires each city, town or county to conduct tests and surveys prior to the enactment of air pollution control measures for the formation of an air pollution control district. 3. Chapter 70.94 RCW, chapter 232, Laws of 1957, does not require that each component city, town or county of an air pollution control district separately enact air pollution control measures but does provide that the district as a governmental unit may promulgate rules and regulations for this purpose. 4. It is not necessary that a city, town or county follow the procedure established in chapter 232, Laws of 1957, chapter 70.94 RCW, in order to enact or enforce air pollution control measures. 5. Amendment 17 to the Washington State Constitution requires that any tax by a city, town, county or district in excess of the 40-mill limitation must be [[Orig. Op. Page 2]]submitted to the electorate each year that such governmental unit seeks to levy the additional tax.

AGO 1962 NO. 134 >

Under Article II, § 17, of the Washington State Constitution members of the legislature are granted an absolute privilege for words spoken in debate which privilege attaches while a legislator is performing his proper legislative function whether within or without the physical confines of the legislature itself.

AGO 1953 NO. 177 >

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 1956 NO. 250 >

1. House Joint Resolution No. 22 if ratified by the voters in November will permit the State to take immediate possession of property involved in a condemnation action for purposes other than highway right of way. 2. The term "state" as used in House Joint Resolution No. 22 does not include counties, cities, towns and other municipal corporations.

AGO 1956 NO. 342 >

A proposed initiative measure circulated and filed prior to December 6, must contain only 50,000 signatures; if filed after that date it must contain signatures equal to eight percent of the total number of votes cast for governor at the 1956 gubernatorial election.