Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 2006 NO. 8 >

1.  A county has the authority to modify a conservation district’s proposed system of assessments but lacks the authority to modify the proposed budget or plan of expenditure.  2.  If a county modifies the conservation district’s proposed system of assessments, the district is bound to follow the system as modified by the county but may propose a different system the following year.  3.  A conservation district may withdraw or modify its proposed budget and system of assessments after they have been submitted to the county, but any re-submittal must occur within the time deadlines and statutory requirements that are applicable.  4.  Conservation district special assessments are statutorily earmarked for use by the district and are not available for use by the county for other purposes (RCW 89.08.400).

AGO 1999 NO. 8 >

When the state constitution authorizes alternative provisions of a new county charter to be submitted to the voters, it refers exclusively to charter provisions drafted and submitted by the freeholders who have prepared the proposed charter; the law does not permit the county commissioners or any other person to submit alternative provisions to be voted on with the original proposal.

AGO 1971 NO. 8 >

Under the provisions of the planning enabling act (chapter 36.70 RCW), a board of county commissioners may not amend a zoning ordinance pursuant to an application for rezoning in a manner contrary to the recommendation of the planning commission, without a public hearing.

AGO 1979 NO. 8 >

(1) RCW 36.33.065 does not authorize a board of county commissioners to establish a special fund for the payment of only a certain category of claims against a county; i.e., tort claims not covered by insurance; however, RCW 36.33.020, authorizing the creation of one or more county cumulative reserve funds for specified county purposes, does authorize a board of county commissioners to establish such a special county fund for the payment of tort claims not covered by insurance.  (2) Except as provided by RCW 36.29.020, any interest earned through the investment of monies in a county cumulative reserve fund established under RCW 36.33.020, would properly be creditable to the cumulative reserve fund from which the particular investments were made.

AGO 1965 NO. 8 >

(1) The transmittal or blanket method of voucher approval by which the approval of county vouchers by the board of county commissioners is indicated on a transmittal form attached to a group of vouchers rather than on the face of each is permitted under the laws of this state. (2) The county auditors do not have the authority to refuse to accept claims approved under the transmittal voucher approval system unless the particular expenditure authorized by the board of county commissioners is beyond its legal authority or unless the voucher is in some other respect defective in form or substance.

AGO 1993 NO. 8 >

1.  Article 8, sections 5 and 7, and article 12, section 9 of the Washington Constitution prohibit gifts or loans of public money or credit and the acquisition of interests in private stocks or bonds. 2.  RCW 43.84.080(7) authorizes the state treasurer, under certain circumstances, to invest public funds in commercial paper.  RCW 39.59.020 empowers local governments to make investments authorized by law for the state treasurer. 3.  Under article 8, sections 5 and 7, and article 12, section 9 of the Washington Constitution, state and local governments can invest in commercial paper purchased on the secondary market.

AGO 1980 NO. 9 >

A county, including a county which has adopted a "home rule" charter under Article XI, § 4 (Amendment 21) of the Washington Constitution, does not have the authority, in the absence of some form of statutory authorization by the state legislature, to impose a county-wide business and occupation tax.

AGO 1991 NO. 9 >

Chapter 90.70 RCW authorizes the Puget Sound Water Quality Authority to make recommendations regarding the protection of wetlands.  However, chapter 90.70 RCW does not empower the Authority to set minimum standards for wetlands protection or to require local governments to adopt the Authority's recommendations.

AGO 1982 NO. 9 >

(1) Under the provisions of § 6, chapter 8, Laws of 1982, 1st Ex. Sess., the Administrator for the Courts is required, in 1983, to compile a report covering crime victims' compensation penalty assessments paid, or due, during calendar year 1982.(2) A crime victims' compensation penalty assessment is to be paid pursuant to RCW 7.68.035(3), as amended by chapter 8, Laws of 1982, 1st Ex. Sess., upon forfeiture of bail where the offense with which the defendant was charged is either (a) a crime defined by state law which is punishable, thereunder, as a felony or a gross misdemeanor, or (b) a crime defined by a city ordinance which is punishable thereunder as a gross misdemeanor and which, in addition, covers conduct which is the same, or substantially the same, as conduct which is defined to be criminal by state law.(3) A crime victims' compensation penalty assessment is to be imposed under RCW 7.68.035(1), as amended, when an accused individual is found guilty of having committed any crime defined by either a state statute or a county or city ordinance, including ordinary misdemeanors, with the exception of those motor vehicle crimes expressly referred to in subsection (2) of the statute, whether defined by state statute or by a substantially similar municipal ordinance.(4) The penalty assessment provided for by RCW 7.68.035(1), as amended, is applicable in the case of a conviction, on or after March 27, 1982, of a crime committed prior to the date.(5) If a person is found guilty of a number of separate counts contained in the same criminal information, each of which represents a separate and distinct crime, a penalty assessment is to be imposed under RCW 7.68.035(1), as amended, on the basis of each such count.(6) A crime victims' compensation penalty assessment is not to be imposed, under RCW 7.68.035, as amended, on an alleged juvenile offender who has undergone diversion proceedings pursuant to chapter 13.40 RCW.

AGO 1974 NO. 9 >

The members of a board of county commissioners, during the remainder of the terms of office they were serving on the effective date of the salary increases granted by the legislature in chapter 88, Laws of 1973, 1st Ex. Sess., may receive those legislatively granted increases; they may not, however, constitutionally receive mid-term increases in such health care benefits as they have provided for themselves and other county officers and employees under the provisions of RCW 41.04.180.