Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1963 NO. 53 >

If a private forestry firm appraises, pursuant to a contract, the forestry land and timber in a county for tax assessment purposes, the cost must be paid from the assessor's budget and cannot be paid by the schools and junior taxing district on some theory of anticipated benefit.

AGLO 1974 NO. 55 >

(1) In order to be a qualified "elector" in a county within the meaning of RCW 36.27.020, a person must have resided therein for 30 days and be otherwise eligible to be a registered voter, but he could not have actually registered to vote. (2) Under RCW 29.18.030, a person must possess all of the qualifications required by law for the office he is seeking at the time he files his declaration of candidacy.

AGLO 1975 NO. 57 >

A discussion of circumstances under which a school district warrant is to be registered so as to draw interest because of insufficient money in the fund upon which the warrant was drawn.

AGO 1959 NO. 59 >

A county planning commission has no authority to control the use of Indian allotment lands which are leased to a non-Indian.

AGLO 1973 NO. 59 >

A county sheriff may not refuse to issue a permit to carry a concealed weapon under RCW 9.41.070 solely on the ground that the person applying for such permit is not a resident of his particular county.

AGO 1961 NO. 60 >

There is no provision under the planning enabling act (chapter 36.70 RCW) for holding an election on the acceptance or rejection of a zoning resolution and land use map.

AGO 1961 NO. 62 >

(1) and (2) The board of county commissioners does not have the authority to prohibit the use of motorboats upon nonnavigable lakes but may enact ordinances which reasonably regulates the speed and other activities of such motorboats so long as such ordinances are consistent with state regulations embodied in RCW 88.12.010. (3) The board of county commissioners should follow the provisions of RCW 36.32.120 (7) in establishing such regulations. (4) The ownership by the state or a county of property abutting a nonnavigable lake does not affect the authority of the board of county commissioners to regulate the use of motor-powered watercraft on such waters.

AGLO 1974 NO. 62 >

The provisions of chapter 82.08 RCW (retail sales tax) are not applicable to sales by a county sheriff of unclaimed personal property pursuant to chapter 63.40 RCW unless the county is for some reason required to be registered for purposes of the business and occupation tax or the public utility tax by reason of its engagement in activities other than the sale of unclaimed personal property.

AGLO 1974 NO. 63 >

The board of directors of an intermediate school district does not have the authority to invest or to authorize its county treasurer to invest funds which it receives from the state for distribution to local school districts under RCW 28A.48.010.

AGO 1963 NO. 64 >

When requested by a married county employee to make payroll deductions for the payment of insurance premiums under RCW 41.04.020, or for contributions to the "United Fund" under RCW 41.04.036, or for the purposes set forth in § 3, chapter 164, Laws of 1963 (pledges to the United Good Neighbor or a successor, to a credit union, or monthly dues to a labor union), the county auditor is authorized to make such deduction since RCW 49.48.100 is not applicable.