WSR 14-19-023

[Filed September 8, 2014, 8:54 a.m.]

The Washington attorney general issues formal published opinions in response to requests by the heads of state agencies, state legislators, and county prosecuting attorneys. When it appears that individuals outside the attorney general's office have information or expertise that will assist in the preparation of a particular opinion, a summary of that opinion request will be published in the state register. If you are interested in commenting on a request listed in this volume of the register, you should notify the attorney general's office of your interest by October 8, 2014. This is not the due date by which comments must be received. However, if you do not notify the attorney general's office of your interest in commenting on an opinion request by this date, the opinion may be issued before your comments have been received. You may notify the attorney general's office of your intention to comment by e-mail to jeff.even@atg.wa.gov or by writing to the Office of the Attorney General, Solicitor General Division, Attention Jeff Even, Deputy Solicitor General, P.O. Box 40100, Olympia, WA 98504-0100. When you notify the office of your intention to comment, you may be provided with a copy of the opinion request in which you are interested, information about the attorney general's opinion process, information on how to submit your comments, and a due date by which your comments must be received to ensure that they are fully considered.

If you are interested in receiving notice of new formal opinion requests via e-mail, you may visit the attorney general's web site at www.atg.wa.gov/AGOOpinions/default.aspx for more information on how to join our AGO opinions list.

The attorney general's office seeks public input on the following opinion request(s):

1. May a petition under RCW 27.12.030 to establish a library be submitted to the voters when a library already exists in the taxing district and the City has not withdrawn from the District pursuant to the terms of the Interlocal Agreement (Section 9) and applicable state law (RCW 27.12.380)?

2. If the answer to Question 1 is "yes", would the Interlocal Agreement be considered a "contract for library services" within the meaning of RCW 27.12.080 and, as such, preclude an election under RCW 27.12.030 on the basis of the city having already exercised its authority to contract to receive library services from an existing library instead of establishing an independent library?

3. If the answer to Question 1 is "no" or the answer to Question 2 is "yes", what is the proper process under which such a question can be submitted to the voters?

4. What are the implications of certifying signatures under RCW 27.12.030 versus validating signatures?