Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1996 NO. 2 >

In the absence of specific legislative direction to the contrary, the state and the counties are each legally responsible for one-half of the employer contributions required to be made to provide fringe benefits for superior court judges.

AGO 1983 NO. 5 >

Because of the necessity for a legally sufficient description in connection with an offer to sell, or sale of, real property an offer to sell a portion of a larger tract of land, or the execution of a purchase and sale agreement covering such a tract of land, constitutes a "division" of the land under the definition of a "short subdivision" contained in RCW 58.17.020(6) or (7) so as to render applicable the various provisions of chapter 58.17 RCW relating to short plats and short subdivisions.

AGLO 1977 NO. 22 >

(1) Payments received by college or university trustees or regents under RCW 28B.10.525, prior to its amendment by § 72, chapter 34, Laws of 1975-76, 2nd Ex.Sess., were subject to employees' contributions for federal social security under chapter 41.48 RCW.

(2) Under RCW 41.48.040 it is the responsibility of an employer (including a state college or university) to cause employees' contributions for federal social security to be collected and remitted to the state and the fact that a particular individual is no longer serving as a regent or trustee does not terminate that obligation insofar as past due contributions are concerned.

(3) Past due employers' social security payments covering services rendered during a prior biennium may only be made from a current appropriation for that purpose or from such local funds as are not subject to the appropriation process under Article VIII, § 4 (Amendment 11) of the state constitution and the budget and accounting act.

AGO 1951 NO. 42 >

1. It is the responsibility of the Department of Social Security to define by rule and regulation what is meant by adequate local control.  2. All hourly nurseries operated for profit are covered by the act regardless of whether or not they are operating under a board.  3. The proviso in section 2 applies only to hourly nurseries and the Department has the responsibility for licensing all maternity homes and all day nurseries as defined in the act.  4. In promulgating rules and regulations under section 3, the Department should be guided by subsections 1 through 5.  5. The Department should issue certificates of approval to foster homes.  6. The Department is responsible for the issuance of certificates of approval to all foster homes.  7. Those agencies specifically exempt under section 2 would not be covered by section 15 of the act.  8. The Department of Social Security has no responsibility for enforcing section 17, chapter 270, Laws of 1951.

AGLO 1977 NO. 53 >

(1) Per diem compensation received by irrigation district commissioners under RCW 87.03.460 is subject to employees' contributions for federal social security under Chapter 41.48 RCW. (2) The fact that a given commissioner of an irrigation district may have paid the maximum amount due for OASI contributions for a given year on his self-employment income does not affect the liability of the district for payments in accordance with (1), supra, instead, the remedy of any individual who has thus overpaid his social security taxes is then to claim a refund or tax credit on his federal income tax return.

AGO 1951 NO. 105 >

1. The expense of burial of an indigent person provided by the county commissioners can be made a charge against the two mill General Assistance fund.2. County welfare departments, as agents for the county commissioners, are responsible for authorizing and approving for payment claims for such funerals.3. In the event remains of an indigent person are claimed by relatives or friends, the responsibility for providing a funeral rests upon such relatives or friends, if there is money available to pay for such funeral.

AGO 1960 NO. 143 >

An agreement between the Pacific Marine Fisheries Commission and the Department of Health, Education and Welfare for social security coverage of full time employees only is within the provisions of chapter 41.48 RCW authorizing coverage of employees of interstate instrumentalities.

AGO 1950 NO. 239 >

(1) The State Department of Social Security has the legal responsibility to administer general assistance and to provide funds over and above the two mill levy of the counties under the laws of this state.(2) When and if the state funds are depleted the state is in no sense relieved of its responsibility to provide assistance as in the manner prescribed by the state social security laws, but if the general assistance program set up under the Social Security Laws comes to an end, the counties can voluntarily assume the responsibility to care for the poor and needy.

AGO 1950 NO. 381 >

1. Section 7 of Initiative 178 transfers the legal responsibility for providing necessary medical care and health services to recipients of public assistance and medical indigents from the Department of Social Security to the State Department of Health.2. The Department of Social Security is not legally authorized to continue its agreement for medical care with the State Medical Bureau which was entered into under Initiative 172.

AGO 1951 NO. 422 >

The effective date for grants under Initiative 178 is the date of application.