Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGLO 1970 NO. 38 >

This is written in response to your recent letter requesting our opinion on a question pertaining to the terms of public library board members who are governed by the provisions of RCW 27.12.190.  We paraphrase your question as follows:

AGLO 1971 NO. 38 >

This is written in response to your recent letter requesting our opinion on a question regarding a proposed amendment to Senate Bill No. 170, relating to the regulation of hotels and motels by the state department of social and health services.1/  The amendment to which you have referred would call for the state board of health2/to

AGLO 1972 NO. 39 >

We are in receipt of your letter dated May 11, 1972, requesting our opinion as to the scope of the term "compensation earnable" as defined in RCW 41.40.010 (8) ‑ a part of the law governing the Washington public employees' retirement system.  You have asked the following three questions: (1) "Does compensation earnable include pay for hours worked in excess of 40 hours per week?"  (2) "If overtime compensation is included, should it be at double time or other special pay rate?"(3) "Does it include a lump sum payment for accrued vacation or other form of termination pay given to the employee at the time of terminating employment?"

AGLO 1970 NO. 39 >

By letter previously acknowledged you requested our opinion on a question pertaining to the authority of the state department of public assistance to provide medical assistance to skilled nursing homes and intermediate care facility patients in facilities located outside of the state of Washington.  You have suggested in your letter that the department's authority in this regard may have been affected by the recent decision of the United States Supreme Court pertaining to the constitutionality of residential eligibility for state public assistance payments.

AGLO 1971 NO. 39 >

By recent letter you have requested our opinion concerning the constitutionality of sections 100 and 101 of Senate Bill 701, pertaining to workmen's compensation, insofar as they propose to shift the funding of increases for prior pensioners from the general fund to a supplemental pension fund supported by contributions from employers and workmen.  We have examined the provisions in question and believe they would be constitutionally defensible if subjected to court challenge upon enactment.

AGLO 1972 NO. 40 >

This is written in response to your recent letter requesting our opinion on two questions pertaining to the duties and functions of prosecuting attorneys.

AGLO 1970 NO. 40 >

We acknowledge receipt of your letter dated March 18, 1970, requesting our opinion on the following question:
 
            ". . .  Do the provisions of RCW 84.56.340 give the County Treasurer the authority to amend the tax rolls between the date of receipt thereof from the County Auditor and the collection of taxes based upon?"

AGLO 1971 NO. 40 >

This is written in response to your recent letter, previously acknowledged, requesting an opinion of this office on several questions regarding the proper distribution to be made of uncollected Grays Harbor County road district property tax revenues in view of the incorporation, on November 23, 1970, of Ocean Shores as a noncharter code city.  Under the factual circumstances giving rise to your request, we believe that your inquiry may be properly subdivided and paraphrased as follows:

AGLO 1972 NO. 41 >

This is written in response to your request for an opinion on the following question:  May the legislature propose alternative constitutional amendments relating to tax revision and submit them to the voters under a format similar to that provided for with regard to initiatives to the legislature under the 7th Amendment to the state Constitution, whereby the voters could vote first on the general question of tax revision and then, secondly, vote their preference between the two competing versions?

AGLO 1970 NO. 41 >

This is written in response to your recent request for our opinion on a question pertaining to the application of chapter 251, Laws of 1969, Ex. Sess.  Specifically, you have asked whether the effect of this enactment, amending RCW 84.60.010 with regard to property tax liens, would be to provide a lien upon personal property with respect to unpaid real property taxes ‑ and conversely, to provide a lien upon real property with respect to unpaid personal property taxes.