Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1968 NO. 10 >

Where state forest land revenues are distributed to a county by the department of natural resources under the provisions of RCW 76.12.030 and 76.12.120, they are to be prorated and paid to the various taxing unit funds which would receive real property taxes from the state forest land producing the revenues if those lands were in private ownership, in the same manner that general taxes, including excess tax levies, are paid and distributed by the county, as tax collector, during the year of payment.

AGO 1981 NO. 11 >

None of the provisions of chapter 198, Laws of 1961, and chapter 20, Laws of 1961, Ex. Sess., authorizing "community colleges" applies to any school district presently operating an extended secondary program (so-called junior colleges) which does not elect to bring its program within the new legislation.

AGO 1982 NO. 11 >

Although additional port commissioners may be elected under RCW 53.12.120 as amended by § 1, chapter 219, Laws of 1982 at a special election conducted in November of 1982 (rather than waiting for the next port district general election in November of 1983), the terms of those additional commissioners, if they are so elected, will, nevertheless, not commence until January 1, 1984 since that is ". . . the date provided by law for port commissioners to next commence their terms of office"; in turn, their successors will then be elected in November of 1987 and 1989, respectively, at the same time as other port commissioners, generally, are elected.

AGO 1977 NO. 11 >

Legislation providing for a mandatory minute of silence at the commencement of each school day in the public schools of our state, to be observed for meditation or prayer at the discretion of the students involved, would, if enacted by the state legislature, be constitutionally defensible.

AGO 1963 NO. 11 >

(1) When the Washington state school directors' association has established a schedule of dues for members of the association under RCW 28.58.360, it is the duty of each board of directors to make provision annually for the payment of such dues and to order such payment. (2) If a district fails to pay dues in a particular year, it is the duty of the county auditor (pursuant to a written request of the executive committee of the association) to satisfy the district's obligation by the transfer of district funds, whether the delinquency be for current dues or for dues unpaid during previous years in which the proper schedule of dues was established.

AGO 1990 NO. 12 >

1.  RCW 28A.85.020 and .030 provide that the Superintendent of Public Instruction shall develop regulations to eliminate sex discrimination in the public schools, but RCW 28A.85.020(3) provides that school districts may offer separate but equal athletic teams for each sex.  The Superintendent thus is not authorized to adopt the portions of WAC 392-190-025 and -035 that limit school districts' ability to provide or sponsor separate but equal athletic teams for males and females.  To have separate but equal athletic teams, however, school districts must comply also with constitutional restrictions.   2.  RCW 28A.85.020 and .030 provide that the Superintendent of Public Instruction shall develop regulations to eliminate sex discrimination in the public schools, but RCW 28A.85.020(4) provides that separation is permitted within physical education classes.  The Superintendent thus is not authorized to adopt the portions of WAC 392-190-050 that limit school districts' ability to provide separate but equal physical education classes for males and females.  To have separate but equal physical education classes, however, school districts must comply also with constitutional restrictions.    3.  RCW 28A.85.020 and .030 and WAC 392-190 may apply to the use of school district playing fields by private sports leagues.  The application of these statutes and administrative rules depends on the nature of the relationship between the school district and the private sports league.

AGO 1984 NO. 12 >

RCW 53.04.080, relating to annexation by a public port district, does not authorize such a district to annex noncontiguous (or nonadjacent) territory located elsewhere within the county.

AGO 1961 NO. 12 >

Under the provisions of RCW 53.08.170 a port district may contribute to an additional pension program established by contract between a trade association acting as collective bargaining agent for various employers including a port district and a labor union representing, among others, certain employees of the port district even though the eligible employees of said port district are members of the Washington State Employees' Retirement System.

AGO 1992 NO. 12 >

When the boundaries of a legislative district for the Office of State Senate have been changed by redistricting, a special election for the remainder of the existing senate term should be conducted in the newly redistricted senate district.  Candidates for that election must be residents of the new district as required by RCW 42.04.020.