Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGLO 1974 NO. 71 >

A port district is authorized by RCW 53.08.010 to acquire property rights by lease.

AGO 1959 NO. 72 >

(1)  Where a fire protection district includes all or a portion of a municipality, the district is authorized to levy its full millage for 1959 on all property within the district including that within the municipality. (2)  Where a municipality has incorporated after June 11, 1959, and under chapter 237, Laws of 1959, is automatically withdrawn from the fire protection district, the district may nevertheless levy its full millage on the entire district as it existed prior to the incorporation of the municipality.

AGO 1966 NO. 73 >

The elected commissioners of a newly formed port district may not receive per diem compensation at any time during their initial terms of office under the provisions of RCW 53.12.250, Article II, § 25, Amendment 35 and Article XI, § 8, Washington State Constitution.

AGO 1963 NO. 73 >

The provisions of RCW 85.05.270 requiring drainage district commissioners on or before the first Monday in October to make and certify to the county auditor an estimate of the cost of maintenance and repair of the improvement for the ensuing year are directory rather than mandatory, and are intended only to secure orderly dispatch in the assessment procedures; therefore an assessment is valid if the requirements of law are satisfied and orderly procedures are followed.

AGLO 1973 NO. 75 >

A school district, acting through its board of directors, may sign a petition for the formation of a utility local improvement district under RCW 36.94.230, or sign a protest petition against the formation of such a district under RCW 36.94.240.

AGO 1966 NO. 75 >

(1) A husband and wife, holding title or evidence of title to more than ten acres of benefited lands within a flood control district as community property, are entitled to one additional vote for each additional ten acres or major fraction thereof held. (2) A vendor is entitled to vote in a district election where benefited property in a flood control district is the subject of an ordinary real estate contract. (3) A purchaser is entitled to vote in a district election where benefited property in a flood control district is the subject of an ordinary real estate contract.

AGLO 1975 NO. 76 >

The Washington industrial safety and health act (WISHA) is applicable to all volunteer firemen who are in any way monetarily compensated for their services as such ‑ including such compensation as is received by reason of their coverage as enrolled members of the volunteer firemen's relief and pension system.

AGLO 1974 NO. 76 >

Whether an environmental impact statement must be filed by a school board in connection with the closing of any school or other facility will depend on the facts of that particular situation and the extent of the environmental effects which the proposed action may occasion.

AGO 1966 NO. 77 >

Under § 1, chapter 162, Laws of 1965, Ex. Sess., the legislature has vested the state superintendent of public instruction with the discretionary authority to accelerate, upon petition of a school district, the distribution to it of appropriated state funds not to exceed five percent of the total amount to become due and apportionable to the petitioning district during its fiscal year, if he finds:  (1) The emergency situation described in the petition of the district warrants such an advance distribution; and (2) funds are available with which to make the advance distribution.

AGLO 1974 NO. 77 >

In acting upon a proposal to form a water district under RCW 57.02.040, a board of county commissioners is to make certain determinations; however, the board may properly receive and consider the advice of the appropriate state agencies in connection therewith.