Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGLO 1976 NO. 64 >

(1) It would be legal under the state constitution and applicable statutes for the Washington state data processing authority to agree to a proposed revision in the payment schedule provided for in an existing contract for the purchase of a computer whereby certain payments due during the remainder of the current (1975-77) biennium would be deferred until the next (1977-79) biennium. (2) In the event of such a revision in the payment schedule, the data processing authority may, in theory, change the charges made to users of the computer involved to reflect its own new payment schedule; it may, however, only pass on the new cost figures to those user agencies funded through legislative appropriations to the extent that the revised charges still reflect the actual "true and full value" of the facilities and services received by that user agency in exchange.

AGLO 1974 NO. 64 >

The Washington Life and Disability Insurance Guaranty Association, with the approval of the state insurance commissioner, may continue to impose the lien on life insurance policies previously imposed by the Federal Old Line Insurance Company; and it may impose a similar lien on policies issued by Federal Old Line on or after April 1, 1949; the Guaranty Association may also discontinue a past practice of Federal Old Line of waiving certain liens upon death claims and maturities; and it may limit the payment of interest declared by Federal Old Line to October 7, 1968.

AGLO 1975 NO. 64 >

When, during a special session of the legislature which has been convened by the governor under Article III, § 7 of the Washington constitution, a concurrent resolution is adopted by which both houses adjourn until a date certain, each with the consent of the other, the governor has the legal authority to convene another special session to be held during the period of such adjournment.

AGLO 1974 NO. 65 >

(1) If a schools district fails to conduct school for at least 180 days by reason of a cause not constituting an "unforseen emergency" as defined in RCW 28A.41.170, the district must forfeit a pro rata portion of its annual entitlement of state apportionment funds under RCW 28A.41.130. (2) If the failure of a school district to conduct school for at least 180 days is occasioned by an "unforeseen emergency" as thus defined, the district will be eligible for its full annual entitlement of state apportionment funds if the state superintendent of public instruction has so provided by rules and regulations adopted pursuant to RCW 28A.41.170.

AGLO 1973 NO. 65 >

Nonprofit corporations which were notified of the need to appoint a registered agent as required by RCW 24.03.915 and which did not do so within ninety days of the effective date of chapter 163, Laws of 1969, Ex. Sess., thereby have ceased to exist; however, those corporations which were not so notified because of the secretary of state's lack of a sufficient mailing address are not now to be deemed to have ceased to exist as provided for in RCW 24.03.915.

AGLO 1976 NO. 66 >

The state board for community college education does not have the authority, in complying with § 2, chapter 105, (RCW 28B.50.093), to exempt those predischarge education programs which were already being operated by a community college prior to the effective date of the aforesaid 1973 law from any review and determination by the state board that such programs ". . . will not deter from the primary functions of the community college system within this state."

AGO 1961 NO. 66 >

(1) Where there are two vacancies on the board of commissioners of a second class public utility district both vacancies are to be filled by special election held not more than forty days after such vacancies occur. (2) The commissioners elected at a special election to fill vacancies created on the board of commissioners of a second class public utility district are elected to hold office for the unexpired term of the commissioners whom they replace. (3) The election to fill vacancies on the board of commissioners of a second class public utility district must be held forty days after the occurrence of the vacancies pursuant to RCW 54.12.010.  The county auditor, who is charged by law with the power and duty of conducting public utility district elections (in other than class AA or class A counties), is authorized to prescribe a reasonable time within the forty-day period in which petitions for nominations may be filed.

AGO 1966 NO. 66 >

Assuming a person is otherwise qualified for a particular public office, he may file for and hold, if elected, a state or county office even though he had previously entered a plea or was found guilty of a felony (an infamous crime in this state resulting in a loss of the elective franchise) where his sentence was deferred; he was placed on probation and at the expiration thereof the superior court dismissed the proceedings under RCW 9.95.240, releasing him "from all penalties and disabilities resulting from the offense or crime of which he was convicted."

AGLO 1975 NO. 67 >

The utilities and transportation commission is not authorized by chapter 125, Laws of 1975, 1st Ex. Sess. to adopt rules and regulations governing the operation of oil tankers or their escorting tug boats on Puget Sound and adjacent waters.

AGO 1961 NO. 67 >

(1) RCW 59.18.270 does not require a landlord to maintain separate account for each tenant's security deposit; accordingly, the landlord may maintain a single account for the security deposits of all his tenants.  (2) If interest is earned through the investment of a tenant's security deposit, that interest belongs to the tenant.  (3) Interest earned on a tenant's security deposit may be retained by the landlord as a part of his rental charges for the premises involved if express provision to that effect is included in the rental agreement.