Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1992 NO. 14 >

1.  RCW 84.48.010 authorizes the county board of equalization to equalize the assessment of the property in the county.  The board has the authority to equalize property on the assessment role on its own motion, even if the property has not been revalued in the current year. 2.   If the board of equalization equalizes the value of property on the assessment role, that was not revalued during the current year, the board must measure the value of that property against the fair market value in the assessor's revaluation year in which the property was valued.

AGO 1982 NO. 14 >

(1) A county, city or town may not, in the exercise of its police power, enact a general prohibition against the sale or possession of handguns, at any time or place, within the limits of its territorial jurisdiction because such an ordinance would have the effect of prohibiting conduct which state law, instead, sanctions and regulates. (2) A county, city or town may not require the presentation of a concealed weapons permit as a condition to the sale of handgun ammunition because of an express statutory preemption by the state, in RCW 70.74.201, of the regulation, in general, of small arms ammunition. (3) A county, city or town police power ordinance prohibiting the possession of firearms, including handguns, on public or private school grounds or college campuses within its territorial jurisdiction would be valid because such an ordinance would not be in conflict with state law under the applicable, judicially enunciated, test.

AGO 2005 NO. 14 >

A public facilities district created under RCW 35.57 may allocate properly collected sales and use tax revenues to one or more regional centers as the public facilities district determines appropriate, to the extent consistent with applicable interlocal agreements.

AGO 1983 NO. 14 >

(1) The provisions of § 12, chapter 232, Laws of 1983, prohibiting cities, towns and counties from enacting local laws and ordinances which are inconsistent with, or more restrictive than, that 1983 act do not bar such a municipality from regulating or restricting the possession or use of firearms in specified places (such as taverns, cocktail lounges, public and private schools and institutions of higher learning, municipal and superior court rooms, or city and county jails by visitors and inmates) -even by one who has lawfully obtained a state concealed weapons permit. (2) The provisions of RCW 9.94.040 and 9.94.043, relating to the possession of firearms on the premises of state penal or correctional institutions, do not apply to county or city jails. (3) Although a superior court may, under certain circumstances, order the forfeiture of a firearm possessed by one who was under the influence of intoxicating liquor pursuant to § 6(1)(d), chapter 232, Laws of 1983, the aforesaid act does not make the mere possession of a concealed weapon by such a person a misdemeanor.

AGO 1985 NO. 14 >

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.

AGLO 1975 NO. 14 >

A person is not eligible for a veteran's preference in a competitive examination for public employment under RCW 41.04.010(1) solely on the basis of a six year enlistment in the Washington National Guard under 10 U.S.C.§ 511(d) with respect to which his only period of active duty (aside from drills and annual training exercises) was for a four month training period as required by that federal statute.

AGLO 1974 NO. 14 >

A county of the first class and a housing authority may contract for the joint construction and/or operation of a group home for the developmentally disabled under chapter 35.82 RCW as amended by chapter 198, § 2, Laws of 1973, 1st Ex. Sess.

AGO 1996 NO. 15 >

RCW 42.23.030 does not prohibit the service of one spouse as a county commissioner (and ex officio local health board member) while the other spouse serves as administrative officer of the health department; these positions are both public offices and the compensation for them does not arise out of contract.

AGO 1972 NO. 15 >

(1) Under chapter 36.94 RCW, a county may either construct a single system of water and/or sewerage disposal for the entire county or it may create several separate such systems for separate portions of the county.(2) If a county establishes separate systems of water and/or sewerage disposal for separate parts of the county, each system must be covered by a separate "general plan" under RCW 36.94.030, and there must be a separate review committee under RCW 36.94.050 for each such proposed system and plan.

AGO 1992 NO. 15 >

1.  RCW 3.46.150 provides that a city may give notice to the county legislative authority to require termination of a municipal department of the district court.  The municipal department is terminated through amendment to the county's district court districting plan.  2.  District court judge who had been serving in a municipal department of the district court remains a district court judge following termination of the municipal department until he or she vacates the position prior to the end of his or her term, or the term expires.  3.  The term of office for a judge of a municipal court established by city ordinance is four years.