WSR 00-05-003


[ Filed February 3, 2000, 2:40 p.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; however, please be notified that we are expediting the below request and there may not be time to accept any comments. You may notify the Attorney General's Office to inquire as to the status of this opinion by calling (360) 586-4218, or by writing to the Solicitor General, Office of the Attorney General, P.O. Box 40100, Olympia, WA 98504-0100. When you notify the office of your intention to comment, you will 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.

The Attorney General's Office seeks public input on the following opinion request(s).

00-01-06 Request by: LYNN KESSLER, House Democratic Leader
BARBARA LISK, House Republican Leader
JIM BUCK, Representative, 24th District
BOB SUMP, Representative, 7th District
MARK DOUMIT, Representative, 19th District
BRIAN HATFIELD, Representative, 19th District

1. Do the state constitution, Enabling Act, and the amendments to the Enabling Act authorize the Legislature or the Natural Resources Board to permit sales, exchanges, or transfers of land in excess of 160 acres?

2. The state constitution was not amended to reflect the 1970 amendments to the Enabling Act. Does this affect the Board's authority to exchange lands, and does it affect the Legislature's authority to establish a statutory program or budgetary provision for transfer of trust land?

3. What are the Board's obligations under RCW 79.68.045 (arrearages)?

4. Given certain restrictions, what are the Legislature's powers to act as a trustee?

5. What actions must the Legislature take, at a minimum, to ensure that it is fulfilling its responsibilities?

6. What actions is the Legislature, as trustee, obliged to take if it believes that the Board has abused the discretion delegated to it (see AGO 1996 No. 11)?

7. Under what circumstances is the Legislature authorized or required to review or intervene in the acts of the Board?

Washington State Code Reviser's Office