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AGO Opinions with Topic: GOVERNOR
AGO 1990 No. 2 >  March 9, 1990
APPOINTMENT - RESIGNATION - OFFICES AND OFFICERS - DEPARTMENT OF WILDLIFE - GOVERNOR - LEGISLATURE
APPOINTMENT ‑- RESIGNATION ‑- OFFICES AND OFFICERS ‑- DEPARTMENT OF WILDLIFE ‑- GOVERNOR ‑- LEGISLATURE 1.  When the Governor appoints a Director of Wildlife pursuant to RCW 43.17.020, to serve at the pleasure of the Governor, and notifies the Senate as required by RCW 43.06.030, the Governor has exercised the power of appointment.  The appointment is complete and effective unless the Senate rejects the appointment pursuant to RCW 43.06.092. 2.  If there is a vacancy in the office of Director of Wildlife, RCW 43.17.040 allows the Governor to make a temporary appointment by either leaving the chief assistant in charge of the department or appointing an acting director.  RCW 43.17.020 prohibits the Governor from leaving such a temporary appointee in charge of the Department of Wildlife for more than one year. 3.   If a Director of Wildlife, who is not a temporary director and has not been rejected by the Senate, resigns the office, the Governor may immediately reappoint the same individual to that office.
AGO 2004 No. 3 >  December 2, 2004
LEGISLATURE - GAMBLING COMMISSION - BUDGET AND APPROPRIATION ACTS - GOVERNOR - APPROPRIATIONS
Extent to which gambling revolving fund is subject to allotment procedures under RCW 43.88 The gambling revolving fund is subject to the allotment process described in RCW 43.88, but for the purpose of assuring that the fund does not incur a cash deficit or that money in the fund is not spent contrary to law.
AGO 1961 No. 51 >  August 2, 1961
OFFICES AND OFFICERS - STATE - GOVERNOR
AUTHORITY ACTING THROUGH DEPARTMENT OF CIVIL DEFENSE, IN COOPERATION WITH OCDM TO ENFORCE PRE‑POSITIONED ORDERS OF THE PRESIDENT OF THE UNITED STATES TO... The governor, acting through the state department of civil defense in cooperation with the federal office of civil defense and defense mobilization, is authorized to enforce pre‑positioned orders of the United States which would prohibit the sale of food, petroleum and other essential consumer items for five days in the event of an actual attack on this country by hostile forces.
AGO 1972 No. 25 >  November 30, 1972
OFFICES AND OFFICERS - STATE - GOVERNOR - VETO POWER - LOTTERIES
OFFICES AND OFFICERS‑-STATE‑-GOVERNOR‑-VETO POWER‑-LOTTERIES The veto power of the governor is applicable to a bill authorizing lotteries passed by a sixty percent majority of the members of both houses of the legislature under Article II, § 24 of the state Constitution, as amended by SJR No.5, unless such bill, upon passage, is, instead, submitted to the electors as a referendum under Article II, § 1 (Amendment 7).
AGO 1962 No. 95 >  February 8, 1962
OFFICES AND OFFICERS - STATE - GOVERNOR - EFFECT OF VETO OF SALARY INCREASE ON ELIGIBILITY OF LEGISLATORS TO RUN FOR OFFICE OF GOVERNOR IN 1964
OFFICES AND OFFICERS ‑- STATE ‑- GOVERNOR ‑- EFFECT OF VETO OF SALARY INCREASE ON ELIGIBILITY OF LEGISLATORS TO RUN FOR OFFICE OF GOVERNOR IN 1964 Under Article II, § 13, of the State Constitution, no member of the legislature, during the term for which he is elected, may be elected to any office the emoluments of which have been increased during his term; therefore, any state senator elected in November, 1960, (for a four-year term expiring in January, 1965) who was a member of the 1961 legislature which increased the emoluments of the office of the governor (by overriding the governor's veto of chapter 316, Laws of 1959) is not eligible to run for that office in 1964.
AGO 1975 No. 4 >  March 18, 1975
OFFICES AND OFFICERS - STATE - GOVERNOR - LIEUTENANT GOVERNOR - ELECTIONS - CONSTITUTIONALITY OF BILL TO REQUIRE GOVERNOR AND LIEUTENANT GOVERNOR TO BE ELECTED JOINTLY
OFFICES AND OFFICERS ‑- STATE ‑- GOVERNOR ‑- LIEUTENANT GOVERNOR ‑- ELECTIONS ‑- CONSTITUTIONALITY OF BILL TO REQUIRE GOVERNOR AND LIEUTENANT GOVERNOR TO BE ELECTED JOINTLY The legislature may not by statute (as opposed to a constitutional amendment) require that any candidate filing for the office of governor must file and run jointly with a candidate for the office of lieutenant governor from the same political party, with the names of both candidates to be grouped together on the ballot and a vote for one to constitute a vote for both; and this would be so even if the legislature were to abolish the office of lieutenant governor as a constitutional office and reconstitute it as an office created by statute.
AGO 1975 No. 10 >  May 15, 1975
OFFICES AND OFFICERS - STATE - THERMAL POWER PLANT SITE EVALUATION COUNCIL - DEPARTMENT OF NATURAL RESOURCES - GOVERNOR - CERTIFICATION OF THERMAL POWER PLANT SITES
OFFICES AND OFFICERS ‑- STATE ‑- THERMAL POWER PLANT SITE EVALUATION COUNCIL ‑- DEPARTMENT OF NATURAL RESOURCES ‑- GOVERNOR ‑- CERTIFICATION OF THERMAL POWER PLANT SITES A certification, approved by the governor under chapter 80.50 RCW, may authorize the withdrawal of such public waters as are required for use in the operation of a thermal power plant.
AGO 1975 No. 20 >  September 5, 1975
LABOR - COLLECTIVE BARGAINING - PUBLIC EMPLOYEES - GOVERNOR - VETO - EFFECT OF PARTIAL VETO OF CHAPTERS 288 AND 296, LAWS OF 1975, 1ST EX. SESS. UPON REMAINING PROVISIONS
LABOR ‑- COLLECTIVE BARGAINING ‑- PUBLIC EMPLOYEES ‑- GOVERNOR ‑- VETO ‑- EFFECT OF PARTIAL VETO OF CHAPTERS 288 and 296, LAWS OF 1975, 1st EX. SESS. UPON REMAINING PROVISIONS (1) Because the governor's veto of § 2 of Substitute Senate Bill No. 2408 (chapter 296, Laws of 1975, 1st Ex. Sess.), the public agencies now responsible for the performance of the functions thereby proposed by this act to be transferred to a new "public employment relations commission" will continue to perform those functions after September 8, 1975, in the absence of further legislative action.  (2) In view of the governor's veto of § 4 of Substitute Senate Bill No. 2500 (chapter 288, Laws of 1975, 1st Ex.Sess.), certificated school district employees will, in the absence of further legislative action, continue after January 1, 1976, to be governed by the provisions of the school employees' professional negotiations act (chapter 28A.72 RCW), notwithstanding the express repeal thereof by the 1975 act, except to the extent that such provisions of the new law as are unaffected by the veto are in conflict with the earlier law.  (3) Administration of the provisions of chapter 288, Laws of 1975, 1st Ex. Sess., and chapter 296, Laws of 1975, 1st Ex. Sess., following their respective effective dates, by a new state agency will be unnecessary unless the governor's vetoes of portions thereof are overridden by the legislature or the vetoed sections are reenacted in a different form.
AGO 1991 No. 21 >  June 11, 1991
GOVERNOR - EXECUTIVE ORDER - LEGISLATURE - WETLANDS
AUTHORITY OF GOVERNOR TO ISSUE EXECUTIVE ORDER HAVING THE FORCE AND EFFECT OF LAW The legislative authority of the State of Washington is vested in the Legislature.  In absence of a statute or constitutional provision that serves as a source of authority authorizing the Governor to act, the Governor cannot create obligations, responsibilities, conditions or processes having the force and effect of law by the issuance of an executive order.
AGO 1977 No. 1 >  January 5, 1977
OFFICES AND OFFICERS - STATE - ENERGY FACILITY SITE EVALUATION COUNCIL - GOVERNOR - CERTIFICATION OF ENERGY FACILITY SITES - PREEMPTION OF LOCAL ZONING CODES
OFFICES AND OFFICERS ‑- STATE ‑- ENERGY FACILITY SITE EVALUATION COUNCIL ‑- GOVERNOR ‑- CERTIFICATION OF ENERGY FACILITY SITES ‑- PREEMPTION OF LOCAL ZONING CODES The certification by the governor of designated energy facilities under chapter 80.50 RCW will have the effect of permitting the construction and operation of the facilities thus certified at whatever location is specified therein even where the otherwise applicable provisions of a county, city or regional zoning code are to the contrary in view of the preemptive language of RCW 80.50.100, as amended by § 37, chapter 108, Laws of 1975-76, 2nd Ex. Sess.
AGO 1985 No. 6 >  March 1, 1985
OFFICES AND OFFICERS - STATE - HUMAN RIGHTS COMMISSION - LEGISLATURE - GOVERNOR
TENURE OF HUMAN RIGHTS COMMISSION CHAIRPERSON Under the provisions of RCW 49.60.050 the Governor may designate as chairperson of the Washington State Human Rights Commission any member thereof, notwithstanding a previous Governor's designation of a different sitting commissioner as chairperson.
AGO 1967 No. 6 >  February 15, 1967
CIVIL RIGHTS - SENTENCES - OFFICES AND OFFICERS - SUPERIOR COURT - PAROLE BOARD - GOVERNOR - WHO MAY DISCHARGE AND RESTORE CIVIL RIGHTS TO A PERSON UNDER A SUSPENDED SENTENCE
CIVIL RIGHTS - SENTENCES - OFFICES AND OFFICERS - SUPERIOR COURT - PAROLE BOARD - GOVERNOR - WHO MAY DISCHARGE AND RESTORE CIVIL RIGHTS TO A PERSON UNDER A SUSPENDED SENTENCE A person under a sentence suspended pursuant to RCW 9.92.060 may receive final discharge and restoration to civil rights only from the governor in his exercise of the pardoning power.
AGO 1995 No. 12 >  October 4, 1995
VETO - LEGISLATURE - GOVERNOR - AUTHORITY OF LEGISLATURE TO CONSIDER OVERRIDE OF VETO AT NEXT REGULAR SESSION, WHEN A SPECIAL SESSION HAS BEEN HELD SINCE THE VETO OCCURRED
VETO - LEGISLATURE - GOVERNOR - AUTHORITY OF LEGISLATURE TO CONSIDER OVERRIDE OF VETO AT NEXT REGULAR SESSION, WHEN A SPECIAL SESSION HAS BEEN HELD SINCE THE VETO OCCURRED When the governor vetoes a bill after the legislature has adjourned, and transmits the vetoed bill to the secretary of state for delivery to the legislature at its next session pursuant to the constitution, and the legislature next meets in a special session, the legislature may choose to act on overriding the veto during the special session, but its failure to consider an override during the special session does not preclude taking the matter up at the next ensuing regular legislative session.
AGO 1958 No. 201 >  June 9, 1958
OFFICES AND OFFICERS - STATE EMPLOYMENT SECURITY - GOVERNOR - AUTHORITY TO SIGN AGREEMENT WITH FEDERAL GOVERNMENT FOR TEMPORARY UNEMPLOYMENT COMPENSATION BENEFITS - UNEMPLOYMENT COMPENSATION - STATUTORY AUTHORITY OF GOVERNOR OR COMMISSIONER TO SIGN A NEW AGREEMENT UNDER H.R. 12065
OFFICES AND OFFICERS ‑- STATE EMPLOYMENT SECURITY ‑- GOVERNOR ‑- AUTHORITY TO SIGN AGREEMENT WITH FEDERAL GOVERNMENT FOR TEMPORARY UNEMPLOYMENT COMPENSATION BENEFITS -- UNEMPLOYMENT COMPENSATION... The governor or the commissioner of employment security are not legally authorized to enter into an agreement with the federal government as provided by section 102 of H.R. 12065 to qualify for the federal loan to pay extended unemployment compensation.
AGO 1953 No. 188 >  December 30, 1953
GOVERNOR - POWERS - AUTHORIZATION OF PRESENTATION TO FEDERAL POWER COMMISSION OF RESULTS OF STATE RESEARCH AND ENGINEERING STUDY ON UTILIZATION OF WATER RESOURCES
GOVERNOR ‑- POWERS ‑- AUTHORIZATION OF PRESENTATION TO FEDERAL POWER COMMISSION OF RESULTS OF STATE RESEARCH AND ENGINEERING STUDY ON UTILIZATION OF WATER RESOURCES The Governor may lawfully authorize a state engineer to present the results of state research and engineering study before the Federal Power Commission where important interests of the state are involved.
AGO 1949 No. 158 >  November 17, 1949
GOVERNOR - AUTHORITY TO WITHDRAW COLLEGE APPOINTEE OF FORMER GOVERNOR
GOVERNOR -- AUTHORITY TO WITHDRAW COLLEGE APPOINTEE OF FORMER GOVERNOR Qualified and acting college trustee, appointed by former governor, submitted to senate but not confirmed or rejected, may not be removed from office by present Governor without cause.
AGLO 1981 No. 9 >  April 22, 1981
OFFICES AND OFFICERS - STATE - GOVERNOR - STATE PATROL
BACKGROUND INVESTIGATIONS OF GUBERNATORIAL APPOINTEES When requested to do so by the Governor for the purpose of determining the qualifications of a prospective gubernatorial appointee to public office, the Washington State Patrol may (a) provide the Governor with information contained in records then on file with the Patrol, except to the extent that, in a given case, particular information contained in those records is covered by a specific statutory restriction against disclosure; and (b) pursuant to an interlocal cooperation act agreement with the Governor, go beyond its own existing records and, further, search out other information by examining existing records maintained by other law enforcement agencies and/or other custodians and by contacting and interviewing neighbors, past business associates or others deemed likely to have personal knowledge about the prospective appointee.
AGLO 1981 No. 10 >  April 22, 1981
OFFICES AND OFFICERS - STATE - GOVERNOR - LEGISLATURE
EFFECT OF ACTION BY SENATE RETURNING ALL UNCONFIRMED APPOINTEES TO THE GOVERNOR Where, at the request of a new governor, the Senate voluntarily returns the names of those unconfirmed appointees then pending before it, the appointees involved are not thereafter entitled to continue in office until the Governor makes new appointments.
AGO 1975 No. 23 >  November 14, 1975
OFFICES AND OFFICERS - STATE - COUNTY - CITY - GOVERNOR - LEGISLATOR - COUNTY COMMISSIONERS
USE OF OFFICE FACILITIES TO PROMOTE PASSAGE OR DEFEAT OF BALLOT PROPOSITIONS.

(1) Although a state legislator may, at public expense, inform his constituents on matters pending, proposed, enacted or defeated by the legislature (including the legislator's own views and/or voting record on such matters), such a legislator is prohibited by RCW 42.17.130 from using the facilities of his office or expending funds appropriated for legislative purposes to persuade or attempt to persuade his constituents or other persons to vote one way or another on a statewide ballot proposition; the question of whether a particular communication is or is not in violation of this statute will depend upon all of the facts of each case including, particularly, the timing thereof as related to the time of the election at which the measure or measures are to be voted upon.  (2) The governor, because of his constitutional responsibility to communicate with the legislature in order to ". . . recommend such measures as he shall deem expedient for their action," may use the facilities of his office to explain, or even, to some extent, to advocate, his official position on a statewide ballot measure pending before the people in their legislative capacity; in the case of other officers of the executive branch of the government, however, the legality of such action will depend upon the constitutional or statutory authority of the particular officer and the relationship of the ballot measure involved to the functions and duties of the office in question.  (3) These same principles also apply, with certain qualifications,21,, to officers of the legislative or executive branches of counties, cities and towns, with respect to comparable local ballot measures.

 

AGLO 1977 No. 42 >  October 17, 1977
APPROPRIATIONS - STATE - LEGISLATURE - GOVERNOR
CONSTITUTIONALITY OF PROPOSED CAPITAL BUDGET In the event that a special session of the legislature is convened by the Governor sometime during the winter or early spring of 1978, that session of the legislature would not be either constitutionally or statutorily precluded from enacting a bill making appropriations for designated capital projects pursuant to which expenditures for such projects could be made during the period commencing on July 1, 1978 and ending June 30, 1980.
AGLO 1977 No. 45 >  October 21, 1977
OFFICES AND OFFICERS - STATE - GOVERNOR - WASHINGTON STATE WOMEN'S COUNCIL - INITIATIVE AND REFERENDUM
FACILITIES TO PROMOTE PASSAGE OR DEFEAT OF REFERNDUM NO. 40 It would not now be legal, under RCW 42.17.130, for the funds or facilities of the Washington State Women's Council to be used for the purpose of promoting or opposing Referendum No. 40 at the forthcoming state general election.
AGLO 1977 No. 52 >  November 14, 1977
OFFICES AND OFFICERS - STATE - GOVERNOR - WOMEN'S COUNCIL - ELECTIONS
INITIATIVE AND REFERENDUM While the Governor may, in view of the defeat of Referendum No. 40 at the November 8, 1977, general election, terminate the Washington State Women's Council (which was created by an earlier executive order), she is not legally required to do so; instead, she may alternatively elect to continue the Council in existence and permit it to be funded from the legislative appropriation made specifically for use by the Women's Council during the 1977-79 biennium.
AGLO 1976 No. 34 >  May 13, 1976
OFFICES AND OFFICERS - STATE - GOVERNOR - AUDITOR - APPROPRIATIONS
AUDITS OF MANSION MAINTENANCE ACCOUNT Appropriations made to the office of governor for mansion maintenance are subject to audit by the state auditor under the provisions of RCW 43.09.290, et seq.
AGLO 1975 No. 26 >  March 12, 1975
OFFICES AND OFFICERS - STATE - GOVERNOR - LEGISLATURE - VETO
TIME OF PASSAGE OF BILL OVERRIDDING GUBERNATORIAL VETO When an act is vetoed by the governor under Article III, § 12 of the Washington constitution, and is returned with his objections to the house in which it originated during the same session as is provided for therein, the power of the legislature to override the veto is not dependent on that power being exercised during the same legislative session so as to preclude it from overridding the veto unless it does so before the end of the session.
AGLO 1975 No. 34 >  March 21, 1975
OFFICES AND OFFICERS - STATE - GOVERNOR - LEGISLATURE - VETO
TIME OF PASSAGE OF BILL OVERRIDING GUBERNATORIAL VETO The ability of the first extra special session of the 1975 legislature to override a gubernatorial veto of a bill passed by the legislature prior to 1975 is not clear; accordingly, rather than attempting to cause any such previously vetoed bills to become law by a simple veto override, it is suggested that in order to remove any doubts as to the validity of the resulting laws the legislature should, instead, pass those laws again in the ordinary manner.
AGLO 1975 No. 64 >  July 21, 1975
OFFICES AND OFFICERS - STATE - GOVERNOR - LEGISLATURE
POWER OF GOVERNOR TO RECALL LEGISLATURE DURING RECESS 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 1978 No. 16 >  May 25, 1978
OFFICES AND OFFICERS - STATE - GOVERNOR - COLLEGES AND UNIVERSITIES - LOANS - DESIGNATION OF NONPROFIT ORGANIZATION TO GUARANTEE STUDENT LOANS
OFFICES AND OFFICERS ‑- STATE ‑- GOVERNOR ‑- COLLEGES AND UNIVERSITIES ‑- LOANS ‑- DESIGNATION OF NONPROFIT ORGANIZATION TO GUARANTEE STUDENT LOANS The governor, through the issuance of an appropriate executive order, may legally designate a private nonprofit organization to guarantee student loans in Washington in accordance with Title IV of the federal Higher Education Act of 1965, as amended by PL 94-42 and PL 95-43.
AGLO 1974 No. 3 >  January 7, 1974
OFFICES AND OFFICERS - STATE - GOVERNOR
DECLARATION OF HOLIDAY It is not a violation of Article VIII, §§ 5 or 7 of the state Constitution for the governor to proclaim a legal holiday in accordance with the authority granted to him in RCW 1.16.050.
AGLO 1974 No. 22 >  February 22, 1974
OFFICES AND OFFICERS - STATE - GOVERNOR - LEGISLATURE - SECRETARY OF STATE - VETO
EFFECTIVE DATE OF BILL PARTIALLY VETOED BY GOVERNOR DURING LEGISLATIVE SESSION Where during a legislative session and prior to the general adjournment thereof a bill not subject to referendum and bearing an immediate effective date is partially vetoed by the governor, the remainder of the bill takes effect immediately and the secretary of state is required to record it and assign it a chapter number under RCW 44.20.020.
AGLO 1973 No. 33 >  March 2, 1973
OFFICES AND OFFICERS - STATE - GOVERNOR - GUBERNATORIAL APPOINTMENTS
OFFICES AND OFFICERS ‑- STATE ‑- GOVERNOR ‑- GUBERNATORIAL APPOINTMENTS If the governor makes an appointment which is subject to senatorial confirmation under Article XIII, § 1 of the Washington Constitution or a similar statutory provision, and the senate fails to act at its first session following such appointment, it is not necessary that the appointee's name again be submitted to the next session of the legislature in order for the senate to have jurisdiction to act on the appointment.
AGLO 1973 No. 68 >  June 22, 1973
LEGISLATURE - GOVERNOR - VETO POWER
LEGISLATURE ‑- GOVERNOR ‑- VETO POWER When a single bill is returned with more than one section or item vetoes, the legislature is constitutionally empowered to reconsider each veto separately.
AGLO 1973 No. 97 >  September 28, 1973
OFFICES AND OFFICERS - STATE - GOVERNOR - EFFECTIVE DATE OF LAW WHERE LEGISLATURE OVERRIDES VETO
OFFICES AND OFFICERS ‑- STATE ‑- GOVERNOR ‑- EFFECTIVE DATE OF LAW WHERE LEGISLATURE OVERRIDES VETO Where a bill which is subject to referendum is vetoed by the governor and that veto is later overridden by the legislature, the act will not become effective until ninety days after the adjournment of the session at which the veto was overridden; accordingly, chapter 1, Laws of 1973, 2nd Ex. Sess. (House Bill No. 356), which changes the date of Veterans' Day to November 11, will not take effect until December 14, 1973.
AGLO 1974 No. 84 >  October 2, 1974
OFFICES AND OFFICERS - STATE - OPP&FM - GOVERNOR
AUTHORITY TO REGULATE USE OF STATE‑OWNED AUTOMOBILES Neither the state automobile policy committee nor the governor, acting alone, is authorized to adopt binding regulations governing the use of state‑owned automobiles, including a proposed requirement for payroll deductions for reimbursements for nonofficial use; however, the office of OPP&FM, as agent for the governor, under the state budget and accounting act, may adopt such regulations.
AGLO 1974 No. 94 >  November 18, 1974
OFFICES AND OFFICERS - STATE - GOVERNOR - LIEUTENANT GOVERNOR - SECRETARY OF STATE
FILLING OF VACANCIES Procedures to be followed in filling vacancies in the offices of governor, lieutenant governor and secretary of state under Article III, § 10 and Article III, § 13 of the state Constitution.
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