Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1978 NO. 13 >

(1) The provisions of Article VIII, § 7 of the Washington Constitution prohibit a city or public utility district from assisting its utility customers, generally, in the purchase of such conservation materials as insulation or storm windows from private suppliers by providing to the seller a guarantee of payment of part or all of the agreed upon purchase price for the conservation materials involved.  (2) The same provisions of Article VIII, § 7 of the Washington Constitution, however, do not prohibit a city or public utility district from itself purchasing and then later selling such conservation materials to its customers, generally, by means of installment contracts under which payment of the purchase price, plus a service charge, would be made by the purchasers on a periodic basis over a specified period of time.

AGO 1983 NO. 13 >

The provisions of chapter 39.12 RCW, the state prevailing wage law, do not apply to bus drivers or like personnel employed by private companies providing transportation services to a school district by contract.

AGLO 1974 NO. 13 >

(1) There is no minimum age below which students enrolled in a public school may not be made members of the school patrol and assigned to guard street pedestrian crossings enroute to and from school. (2) A school district may employ paid adult crossing guards. (3) A school district may utilize the services of volunteer crossing guards who are adults. (4) The distance of a street pedestrian crossing from the school grounds involved does not have any legal bearing upon the answers to any of the foregoing questions.

AGO 1975 NO. 13 >

A board of county commissioners receiving federal forest funds under RCW 36.33.110 is not authorized or directed by that or any other statute to distribute any portion of those funds to a joint school district belonging to another county but lying partially within the county receiving the funds.

AGO 1993 NO. 14 >

RCW 87.03.271 provides that the lien for a delinquent irrigation district assessment includes costs such as attorneys' fees.  When the lien is foreclosed pursuant to the procedure set forth in chapter 87.06 RCW, the irrigation district may recover costs, including reasonable attorneys' fees.

AGO 1969 NO. 14 >

(1) Under § 1, chapter 142, Laws of 1969, which establishes the bonding capacity of a school district as being a certain percentage of the "value of the taxable property in such district," the measuring property value is the actual "true and fair" value in money of the property in the district as contrasted with the assessed valuation of such property. (2) In the case of a school district located in a county for which the assessment ratio used by the county assessor for property tax purposes has been and is presently 25% of the true value of the taxable property, the combined effect of (a) § 1, chapter 142, Laws of 1969, and (b) the decision of the state supreme court in Carkonen, et al. v. Williams, et al. , ____ Wn.2d ____ [[76 Wn.2d 617]](September 4, 1969), and accompanying order of the state department of revenue requiring use of a 50% assessment ration as of January 1, 1970, will be to increase such district's bonding capacity by a multiple of four.

AGO 1978 NO. 14 >

The provisions of chapter 39.04 RCW, relating to public works projects by the state and certain municipalities, are applicable to public port districts organized pursuant to Title 53 RCW.

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.

AGLO 1973 NO. 16 >

Chapter 63, Laws of 1972, 2nd Ex. Sess., provides the exclusive method for annexing the whole of the Fort Lewis Military Reservation to either Dupont-Fort Lewis or Clover Park School District.

AGO 1969 NO. 16 >

(1) A board of county commissioners will be in compliance with § 18, chapter 176, Laws of 1969, Ex. Sess., if, during the remainder of the calendar year 1969, it pays to the intermediate school district in which it is located an amount equal to one half of the amount which the county appropriated to the budget of its county superintendent of schools for the entire year 1969. (2) A county's payments to the intermediate school district in which it is located, as provided for in § 18, chapter 176, Laws of 1969, Ex. Sess., may be transmitted on a monthly basis rather than being made in the form of a single lump sum payment. (3) A county's payments to the intermediate school district in which it is located may be made by county warrants drawn upon the county current expense fund. (4) In making the payment from its current expense fund to the intermediate school district in which it is located, a county is not authorized to withhold from the amount to be paid a sum sufficient to pay the salary of its county superintendent of schools during the remainder of his term of office. (5) The board of county commissioners of the county which is providing office facilities for an intermediate school district may not require the district to make payment to the county for the use of these facilities. (6) A board of county commissioners may not charge an intermediate school district for the services rendered to the district by its county prosecutor, treasurer, or auditor. (7) It is permissible for an intermediate school district, in accordance with its own budget, to pay one of its employees a salary in excess of the amount which was budgeted for that employee, as a county superintendent's employee, by a board of county commissioners.