Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1966 NO. 112 >

(1) A county, as a plaintiff commencing suit against a nonresident motorist under RCW 46.04.040, is liable for payment of the fee provided for by this statute when making service on the secretary of state. (2) A prosecuting attorney is required to pay the fees provided for by RCW 43.07.120 when he requests copies or certification of corporate documents from the secretary of state, except where the documents of certification are supplied in connection with a prosecution under a law which it is the duty of the secretary of state to administer and enforce.

AGO 1951 NO. 113 >

Although there is no expressed statutory authority authorizing the county commissioners to expend money for an aerial survey, it may be implied that such an expenditure would be proper.

AGO 1964 NO. 114 >

The legislature may without violating the state constitution enact legislation providing for the consolidation of Benton and Franklin counties with the approval of a majority of the voters of each county.

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 1957 NO. 120 >

The board of county commissioners of each of the counties comprising a joint sanatorium group has the power to lease or sell its property interest in a joint tuberculosis hospital to the state upon such terms and conditions as the boards of county commissioners deem for the best interest of their respective counties.

AGO 1964 NO. 121 >

The board of county commissioners of a county does not have the authority to expend public funds for tourist promotion by advertising the county in terms of recreational advantages and facilities to be found therein.

AGO 1964 NO. 124 >

A county can in a proper case (in this connection see AGO 61-62 No. 71 [[to Mark Litchman, State Representative on October 11, 1961]], and AGO 63-64 No. 118) provide legal services 61-62 No. 71, and AGO 63-64 No. 118) provide legal services for the sheriff and his deputies when they are sued as the result of an official act but this responsibility is not a statutory duty of the prosecuting attorney's office.

AGO 1964 NO. 125 >

The board of county commissioners may not require all capital outlay for the various county offices to be budgeted under one capital outlay category in the board of county commissioners' budget.

AGO 1964 NO. 127 >

Under Article XI, § 3, of the Washington State Constitution, territory may be transferred from one county to another by (1) petition of the voters living in the territory to be transferred; and (2) compliance with general enabling legislation applicable to the entire state; however, since there is no existing enabling legislation, such legislation would have to be enacted for that purpose.

AGO 1957 NO. 129 >

The county is obliged to repair and maintain all bridges, by whomsoever constructed, which lie on the right of way of an established county road.  Such obligation does not extend, however, to public roads within the county, which have not been duly established as county roads by resolution of the board of county commissioners, or which have not been made part of the system of county roads by operation of law.