Navigation Top
AGO Logo Graphic
AGO Header Image
File a Complaint
Contact the AGO
AGO Opinions with Topic: STATE
AGO 1970 No. 6 >  March 3, 1970
CIVIL SERVICE - STATE - EMPLOYEES - TRANSFER - ACCUMULATED LEAVE
CIVIL SERVICE - STATE - EMPLOYEES - TRANSFER - ACCUMULATED LEAVE (1) When a state employee transfers from a classified civil service position which is subject to chapter 41.06 RCW to either a classified or an exempt position which is covered by chapter 28B.16 RCW, he is not entitled to receive payment for his accumulated annual leave under RCW 43.01.041; instead, his accumulated annual leave is to be transferred from his old employing agency to his new one as provided for in RCW 43.01.040.(2) A permanent status employee transferring from a position under chapter 41.06 RCW, to a classified position in an institution of higher learning under chapter 28B.16 RCW, is subject to such "probationary period" regulations as are promulgated by the higher education personnel board under RCW 28B.16.100.
AGO 1970 No. 9 >  May 26, 1970
OFFICES AND OFFICERS - STATE - LABOR AND INDUSTRIES - WORKING HOURS AND CONDITIONS FOR WOMEN - CONFLICT BETWEEN FEDERAL AND STATE LAWS
OFFICES AND OFFICERS - STATE - LABOR AND INDUSTRIES - WORKING HOURS AND CONDITIONS FOR WOMEN - CONFLICT BETWEEN FEDERAL AND STATE LAWS (1) An employer in this state who is governed by Title VII of the Federal Civil Rights Act of 1964 (42 U.S.C., § 2000e 2) may not invoke the provisions of RCW 49.28.070 and WAC 296-128-440 as a justification for refusing to hire or promote women solely on the basis that the working conditions involved in the job they are seeking are such as to preclude the employment of women under such state provisions.(2) An employer who is governed by Title VII of the Federal Civil Rights Act of 1964 (42 U.S.C., § 2000e 2) is excused from compliance with the provisions of RCW 49.28.070 and WAC 296-128-440 to the extent that these state provisions are in conflict with the federal act.
AGO 1970 No. 10 >  June 3, 1970
OFFICES AND OFFICERS - STATE - LABOR AND INDUSTRIES - ELEVATOR CODE - MUNICIPALITY'S JURISDICTION
OFFICES AND OFFICERS - STATE - LABOR AND INDUSTRIES - ELEVATOR CODE - MUNICIPALITY'S JURISDICTION A municipality which had an elevator code in effect prior to 1963 may continue to assume jurisdiction over conveyances in buildings owned by the municipality itself as well as privately owned buildings; however, under RCW 70.87.050, as amended, conveyances in buildings owned by the state, a county, or a political subdivision other than the municipality itself have been placed under the jurisdiction of the department of labor and industries of the state of Washington.
AGO 1970 No. 15 >  June 25, 1970
OFFICES AND OFFICERS - STATE - DIRECTOR OF FISHERIES - AUTHORITY OF DIRECTOR OF FISHERIES TO CLOSE AN AREA TO COMMERCIAL FISHING WITHOUT ALSO CLOSING TO SPORTS FISHING
OFFICES AND OFFICERS - STATE - DIRECTOR OF FISHERIES - AUTHORITY OF DIRECTOR OF FISHERIES TO CLOSE AN AREA TO COMMERCIAL FISHING WITHOUT ALSO CLOSING TO SPORTS FISHING The director of fisheries may lawfully close a given area to commercial fishing without also closing it to sports fishing where his action is taken for the purposes of conservation and for the protection and proper management of the state's fisheries.
AGO 1971 No. 12 >  March 16, 1971
OFFICES AND OFFICERS - STATE - DEPARTMENT OF SOCIAL AND HEALTH SERVICES - REGULATION OF LENGTH OF HAIR AND BEARDS WORN BY PRISONERS IN STATE PENAL INSTITUTIONS
OFFICES AND OFFICERS ‑- STATE ‑- DEPARTMENT OF SOCIAL AND HEALTH SERVICES ‑- REGULATION OF LENGTH OF HAIR AND BEARDS WORN BY PRISONERS IN STATE PENAL INSTITUTIONS The provisions of RCW 36.63.130 do authorize (but do not require) the department of social and health services, acting through the superintendents of the various penal institutions under its jurisdiction, to regulate the length of hair and beards worn by convicted felons imprisoned therein, at least where such considerations as those of identification or of personal cleanliness and health are deemed by the department in the exercise of its sound administrative discretion to justify such regulation.
AGO 1971 No. 23 >  August 2, 1971
OFFICES AND OFFICERS - STATE - DEPARTMENT OF MOTOR VEHICLES - ISSUANCE OF OCCUPATIONAL DRIVERS' PERMITS - GOVERNOR'S VETO POWER
OFFICES AND OFFICERS ‑- STATE ‑- DEPARTMENT OF MOTOR VEHICLES ‑- ISSUANCE OF OCCUPATIONAL DRIVERS' PERMITS ‑- GOVERNOR'S VETO POWER On and after the effective day of chapter 284, Laws of 1971, 1st Ex. Sess., portions of which were vetoed by the governor, occupational drivers' permits can continue to be issued in this state as provided for in RCW 46.20.390.
AGO 1980 No. 16 >  July 8, 1980
OFFICES AND OFFICERS - STATE - JUDGES OF THE SUPERIOR COURT - ELECTIONS
PROCEDURE TO FILL NEW JUDGESHIPS The new superior court judgeships created by chapter 202, Laws of 1979, 1st Ex. Sess. in Pierce, Kitsap and Cowlitz Counties, which are to take effect on January 1, 1981, are not to be filled initially by gubernatorial appointment but, instead, are constitutionally required to be filled by the election process both (a) for the short term from January 1 through 12, 1981 and (b) for the regular four-year term commencing on January 12, 1981.
AGO 1971 No. 24 >  August 3, 1971
OFFICES AND OFFICERS - STATE - SECRETARY OF STATE - NOMINATING CERTIFICATES AT MINOR PARTY CONVENTIONS - CONFIDENTIAL INFORMATION
OFFICES AND OFFICERS ‑- STATE ‑- SECRETARY OF STATE ‑- NOMINATING CERTIFICATES AT MINOR PARTY CONVENTIONS ‑- CONFIDENTIAL INFORMATION The secretary of state may not, by the adoption of a rule or regulation, cause the names and addresses of registered voters signing nominating certificates at minor party conventions to become confidential information not open to general public inspection.
AGO 1971 No. 25 >  August 12, 1971
OFFICES AND OFFICERS - STATE - GAME COMMISSION - REGULATION OF IMPORTATION, BREEDING AND SALE OF WILD ANIMALS
OFFICES AND OFFICERS ‑- STATE ‑- GAME COMMISSION ‑- REGULATION OF IMPORTATION, BREEDING AND SALE OF WILD ANIMALS The Washington state game commission has the authority to regulate (a) the importation of and (b) the commercial breeding and sale of "wild animals" as that term is ordinarily understood and defined, even though such animals are not native to this state and are either born or raised in captivity.
AGO 1961 No. 2 >  January 17, 1961
OFFICES AND OFFICERS - STATE - SUPERINTENDENT OF PUBLIC INSTRUCTION - CONSTITUTIONALITY OF LEGISLATION MAKING SUPERINTENDENT OF PUBLIC INSTRUCTION SUBORDINATE TO THE STATE BOARD OF EDUCATION
OFFICES AND OFFICERS ‑- STATE ‑- SUPERINTENDENT OF PUBLIC INSTRUCTION ‑- CONSTITUTIONALITY OF LEGISLATION MAKING SUPERINTENDENT OF PUBLIC INSTRUCTION SUBORDINATE TO THE STATE BOARD OF EDUCATION A statute providing that the state superintendent of public instruction shall be subordinate to the state board of education and be subject to its direction in matters pertaining to the public schools would be unconstitutional.
AGO 1961 No. 10 >  February 10, 1961
OFFICES AND OFFICERS - STATE - LABOR AND INDUSTRIES
AUTHORITY TO CHANGE CLASSIFICATION OF BUSINESS OR INDUSTRY The Department of Labor and Industries is empowered to transfer a business or industry from one occupational classification to another by administrative procedure even though the occupations involved are neither insolvent nor in danger of becoming insolvent.
AGO 1961 No. 11 >  February 17, 1961
OFFICES AND OFFICERS - STATE - DIRECTOR OF FISHERIES - REGULATIONS OF INTERNATIONAL PACIFIC SALMON FISHERIES COMMISSION WHERE STATE REGULATION IS INCONSISTENT
OFFICES AND OFFICERS ‑- STATE ‑- DIRECTOR OF FISHERIES ‑- REGULATIONS OF INTERNATIONAL PACIFIC SALMON FISHERIES COMMISSION WHERE STATE REGULATION IS INCONSISTENT If the International Pacific Salmon Fisheries Commission promulgates a regulation which is contrary to a state regulation which creates a fish preserve and thereby prohibits commercial fishing in the area, the state regulation would be superseded insofar as it applied to Sockeye and Pink Salmon.
AGO 1961 No. 17 >  March 2, 1961
OFFICES AND OFFICERS - STATE - EMPLOYEES' RETIREMENT - NEW PENSION PLAN FOR SURVIVING SPOUSE
OFFICES AND OFFICERS ‑- STATE ‑- EMPLOYEES' RETIREMENT ‑- NEW PENSION PLAN FOR SURVIVING SPOUSE A statute providing that whenever any person presently receiving a retirement allowance from the state employees' retirement system shall die leaving a surviving spouse, a monthly payment shall be made to the surviving spouse in an amount equal to one‑half the retirement allowance received by the retired person during his life, would be unconstitutional.
AGO 1961 No. 21 >  April 4, 1961
OFFICES AND OFFICERS - STATE - LIQUOR CONTROL BOARD
APPLICABILITY OF STATE CIVIL SERVICE LAW TO AGENT VENDORS Agent vendors appointed by the liquor control board under the authority of RCW 66.08.050 (2) are covered by the provisions of the state civil service law.
AGO 1961 No. 27 >  April 4, 1961
CIVIL SERVICE - STATE - DEPARTMENT OF NATURAL RESOURCES - PERSONS COVERED UNDER INITIATIVE NO. 207
CIVIL SERVICE ‑- STATE ‑- DEPARTMENT OF NATURAL RESOURCES ‑- PERSONS COVERED UNDER INITIATIVE NO. 207 (1 and 2) The Commissioner of Public Lands and the Board of Natural Resources are not covered by the new state civil service law.(3) Confidential secretaries and administrative assistants in the immediate administrative structure of the office organization of an elected official are not covered by the civil service law.(4) Part time or seasonal help in the Department of Natural Resources who have been determined by the Director to be skilled or unskilled labor employed temporarily on force‑account construction and maintenance projects or employed on temporary seasonal single phases of agricultural production or harvesting are not covered by the civil service law.
AGO 1961 No. 30 >  May 19, 1961
OFFICES AND OFFICERS - STATE - FERRY SYSTEM - EMPLOYEES NOT SUBJECT TO STATE PERSONNEL DEPARTMENT
OFFICES AND OFFICERS ‑- STATE ‑- FERRY SYSTEM ‑- EMPLOYEES NOT SUBJECT TO STATE PERSONNEL DEPARTMENT The enactment of chapter 278, Laws of 1961, affecting the powers, duties and authority of the Washington Toll Bridge Authority and the Highway Commission did not have the effect of putting employees of the Washington State Ferry System under the jurisdiction of the Washington State Personnel Department.
AGO 1961 No. 32 >  May 29, 1961
CIVIL SERVICE - STATE - INITIATIVE NO. 207 - COLLEGES - PERSONNEL COMMITTEE, TRUSTEES AS MEMBERS
CIVIL SERVICE ‑- STATE ‑- INITIATIVE NO. 207 ‑- COLLEGES ‑- PERSONNEL COMMITTEE, TRUSTEES AS MEMBERS Under section 5, Initiative No. 207 (§ 5, chapter 1, Laws of 1960) the personnel committee of each institution of higher learning is to consist of three members of its governing body.
AGO 1971 No. 36 >  November 26, 1971
OFFICES AND OFFICERS - STATE - TOLL BRIDGE AUTHORITY - RESERVING OF ONE LANE OF EVERGREEN POINT BRIDGE FOR EXCLUSIVE BUS TRANSIT AND CAR POOL USE
OFFICES AND OFFICERS ‑- STATE ‑- TOLL BRIDGE AUTHORITY ‑- RESERVING OF ONE LANE OF EVERGREEN POINT BRIDGE FOR EXCLUSIVE BUS TRANSIT AND CAR POOL USE (1) The Washington toll bridge authority resolution authorizing issuance of bonds for the Evergreen Point Toll Bridge does not prohibit the highway commission from reserving a lane of the bridge for exclusive transit use.(2) RCW 47.52.025 authorizing the highway authorities of the state, counties, and cities to regulate, restrict, and prohibit the use of limited access facilities by the various classes of vehicles or traffic empowers the state highway commission to restrict the use of a highway lane across the Evergreen Point Toll Bridge for exclusive transit use.(3) Additional legislation will be required to authorize the highway commission to give preferential use of lanes to cars carrying a specified minimum number of passengers.
AGO 1961 No. 42 >  June 27, 1961
OFFICES AND OFFICERS - STATE - DEPARTMENT OF CONSERVATION - APPLICATION OF STATE CIVIL SERVICE LAW
OFFICES AND OFFICERS ‑- STATE ‑- DEPARTMENT OF CONSERVATION ‑- APPLICATION OF STATE CIVIL SERVICE LAW The supervisors of flood control, mineral resources, water resources, reclamation and the executive secretary of the Columbia Basin Commission and executive secretary of the soil conservation committee in the department of conservation are exempt from the provisions of the state civil service law.  The supervisor of power resources is not exempt from the state civil service law.
AGO 1961 No. 44 >  June 30, 1961
CIVIL SERVICE - STATE - AUTHORITY OF PERSONNEL BOARDS TO REGULATE LEAVES AND VACATIONS
CIVIL SERVICE ‑- STATE ‑- AUTHORITY OF PERSONNEL BOARDS TO REGULATE LEAVES AND VACATIONS (1) and (2) Under the new state civil service law the several personnel boards are authorized to make rules and regulations governing the allocation of bonus days to an employee with five years' service in any manner that does not conflict with RCW 43.01.040.(3) Regularly scheduled hourly paid employees are entitled to vacation leave with pay after the performance of one year's service and the several personnel boards are authorized to promulgate rules and regulations consistent with RCW 43.01.040 regulating this vacation leave.
AGO 1972 No. 2 >  January 12, 1972
OFFICES AND OFFICERS - STATE - PARKS AND RECREATION COMMISSION - REGULATION OF VEHICULAR TRAFFIC ON OCEAN BEACHES
OFFICES AND OFFICERS ‑- STATE ‑- PARKS AND RECREATION COMMISSION ‑- REGULATION OF VEHICULAR TRAFFIC ON OCEAN BEACHES (1) The Washington state parks and recreation commission has the authority, under RCW 43.51.680, to regulate the times and places where automobiles may be driven on and along the ocean beach highways designated and established under RCW 79.16.130, RCW 79.16.160 and RCW 79.16.170. (2) The parks commission, in the exercise of this authority, may not totally exclude vehicular traffic from all such beaches at all times.
AGO 1961 No. 46 >  July 6, 1961
OFFICES AND OFFICERS - STATE - PUBLIC SERVICE COMMISSION
AUTHORITY TO REGULATE CONCERNING SAFETY OF EQUIPMENT AND DRIVERS OF MOTOR FREIGHT CARRIERS AND AUTO TRANSPORTATION COMPANIES The Washington public service commission has the authority to adopt and enforce rules and regulations relating to the safety of operations of motor freight carriers and auto transportation companies including the regulation of vehicle equipment and driver qualifications if such regulations are not in conflict with those of the state commission on equipment or the provisions of chapter 46.37 RCW.
AGO 1981 No. 10 >  August 10, 1981
BONDS - STATE
FINANCING CAPITAL PROJECTS OF WASHINGTON PUBLIC POWER SUPPLY SYSTEM THROUGH ISSUANCE OF STATE BONDS The legislature could, constitutionally, fund the construction of capital projects by the Washington Public Power Supply System through the issuance of state general obligation bonds; however, unless those bonds were to be authorized by the voters pursuant to Article VIII, § 3 of the state constitution, their issuance would be subject to the constitutional debt limitation established in Article VIII, § 1 of the constitution.
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 1981 No. 17 >  November 5, 1981
OFFICES AND OFFICERS - STATE - LEGISLATORS - SALARIES
CONSTITUTIONALITY OF RESCISSION OF PROSPECTIVE PAY RAISES The legislature may not constitutionally cancel, or rescind, prospective salary increases for its own members which are payable during the remainder of their current terms of office and which were provided for by a law that had already been enacted and taken effect before those current terms began.
AGO 1981 No. 18 >  November 18, 1981
OFFICES AND OFFICERS - STATE - STATE BOARD FOR COMMUNITY COLLEGE EDUCATION - COMMUNITY COLLEGES
RESPECTIVE POWERS OF COLLEGE BOARD AND LOCAL BOARDS OF TRUSTEES (1) The State Board for Community College Education has the authority, under RCW 28B.50.090, to (a) specify the number of days in an academic year or quarter in which instruction must be offered by each of the various community colleges; (b) define the number of hours of instruction that must be provided as the basis for counting a unit of academic credit for state funding purposes; (c) prescribe the maximum number of academic credit units per each particular class that are allowed to be counted for a particular degree or certificate by students enrolled in the various courses offered by the community colleges; and (d) designate a class or course involving students who are repeating a course previously completed and reduce a college's state funded enrollment count by such repeat enrollments.(2) The State Board for Community College Education does not have the authority, under RCW 28B.50.090, to (a) change the academic year for all community colleges from a quarter plan to a semester or a trimester plan; or (b) establish a minimum number of days of compensable service to be rendered by faculty and administrators employed by the community colleges.(3) To the extent that the State Board for Community College Education determines that accomplishment of the goals described in RCW 28B.50.090(3) requires either or both of those courses of action, the College Board may (a) direct a particular community college to alter its mix of courses in a manner that would make its overall curriculum more comprehensive; and (b) direct a particular community college to terminate a given course or program either because it is deemed to be unproductive (i.e., low enrollment or few completions) or because such termination would enhance the comprehensiveness of the total curriculum.
AGO 1981 No. 19 >  November 20, 1981
OFFICES AND OFFICERS - STATE - CONTRACTS - ARCHITECTURAL AND ENGINEERING SERVICES
ARCHITECTURAL AND ENGINEERING SERVICES State agencies which contract for architectural and engineering services pursuant to chapter 61, Laws of 1981 are not thereby exempt from filing such contracts with the Office of Financial Management under the provisions of chapter 39.29 RCW.
AGO 1972 No. 18 >  August 22, 1972
OFFICES AND OFFICERS - STATE - LIQUOR CONTROL BOARD - LICENSES
OFFICES AND OFFICERS ‑- STATE ‑- LIQUOR CONTROL BOARD ‑- LICENSES (1) The Washington state liquor control board probably does not possess the requisite authority, under existing statutes, to adopt and enforce a regulation disqualifying from class H licensure those private clubs which are governed by a written constitution, bylaw or house rule excluding persons from membership or use of the club's facilities because of race, creed, color or national origin. (2) The legislature may constitutionally grant to the liquor control board the requisite statutory authority to adopt such a regulation.
AGO 1972 No. 19 >  September 11, 1972
OFFICES AND OFFICERS - STATE - COMMUNITY COLLEGES - CIVIL SERVICE - RETIREMENT - ESTABLISHMENT OF MANDATORY RETIREMENT AGE FOR STATE CIVIL SERVICE EMPLOYEES
OFFICES AND OFFICERS ‑- STATE ‑- COMMUNITY COLLEGES ‑- CIVIL SERVICE ‑- RETIREMENT ‑- ESTABLISHMENT OF MANDATORY RETIREMENT AGE FOR STATE CIVIL SERVICE EMPLOYEES The board of trustees of a community college may not adopt a rule establishing a mandatory retirement age of 65 years for all of its classified civil service employees who are also members of the Washington public employees' retirement system, without regard to the particular jobs which they hold.
AGO 1972 No. 20 >  September 12, 1972
OFFICES AND OFFICERS - STATE - COMMISSIONER OF PUBLIC LANDS - FUNDS - PUBLIC RECORDS
OFFICES AND OFFICERS ‑- STATE ‑- COMMISSIONER OF PUBLIC LANDS ‑- FUNDS ‑- PUBLIC RECORDS The records of funds deposited by the commissioner of public lands in approved state depositories, pursuant to RCW 43.85.130 and 43.85.140, are available for public inspection in accordance with RCW 43.88.200.
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 1972 No. 29 >  December 22, 1972
OFFICES AND OFFICERS - STATE - MUNICIPAL - REPORTS OF FINANCIAL INTERESTS - REPORTING PERIOD
OFFICES AND OFFICERS ‑- STATE ‑- MUNICIPAL ‑- REPORTS OF FINANCIAL INTERESTS ‑- REPORTING PERIOD (1) The reports of financial interests which are required from certain candidates for public office and elected officials under § 24 of Initiative No. 276 are to be filed with the Public Disclosure Commission at the office of the secretary of state. (2) The first reports of the financial interests of elected officials reporting as such (and not as candidates) under § 24 of Initiative No. 276 will not be due until January 31, 1974, and these reports will cover the twelve‑month period beginning on January 1, 1973, and ending on December 31, 1973. (3) An individual who holds two or more elected offices, each of which would necessitate his filing a report of financial interests under § 24 of Initiative No. 276 if held separately, need not file separate reports for each such office.
AGO 1973 No. 6 >  February 9, 1973
OFFICES AND OFFICERS - STATE - MUNICIPAL - IRRIGATION DISTRICTS - REPORTS OF FINANCIAL INTEREST UNDER INITIATIVE NO. 276
OFFICES AND OFFICERS ‑- STATE ‑- MUNICIPAL ‑- IRRIGATION DISTRICTS ‑- REPORTS OF FINANCIAL INTEREST UNDER INITIATIVE NO. 276 (1) The members of the board of directors of an irrigation district are "elected officials" within the meaning of § 24 of Initiative No. 276, requiring annual reports of the financial interests of elected officials. (2) Section 24 (1) (b) of Initiative No. 276 which requires the reports of a candidate or elected official to disclose certain financial interests does not include financial interests in tangible personal property but it is, instead, limited to such interests in intangible personalty. (3) Section 24 (1) (b) of Initiative No. 276 only requires the reporting of financial interests in excess of $5,000 in a bank or savings account or cash surrender value of any insurance policy, or in excess of $500 in other items of intangible personal property; it does not require the lumping together of separate items in any given class which themselves have a lesser value so as to require reporting if the aggregate value of all items in the class exceeds the applicable minimum reportable amount.
AGO 1983 No. 12 >  June 20, 1983
OFFICES AND OFFICERS - STATE - BOARD OF PHARMACY - DRUGS - DRUGGISTS - PHARMACISTS - CONTROLLED SUBSTANCES
REGULATION OF THE DISPENSING OF LENGEND DRUG AND CONTROLLED SUBSTANCES (1) Although RCW 18.64.020 prohibits the practice of pharmacy by persons other than licensed pharmacists, it is nevertheless lawful for certain practitioners other than licensed pharmacists (generally those who are authorized to prescribe such drugs) also to dispense both legend drugs and controlled substances. (2) The State Board of Pharmacy is authorized by statute to promulgate rules governing the dispensing of drugs by those other persons, as well as by licensed pharmacists.
AGO 1983 No. 22 >  October 20, 1983
OFFICES AND OFFICERS - STATE - DEPARTMENT OF LABOR AND INDUSTRIES - CRIMES
COST OF LIVING INCREASES UNDER CRIME VICTIMS' COMPENSATION LAW A public utility district may annex adjacent territory located in a county other than that in which the district was created where such adjacent territory is not situated within the boundaries of another public utility district.
AGO 1983 No. 23 >  November 2, 1983
OFFICES AND OFFICERS - STATE - DEPARTMENT OF ECOLOGY - WATER - POLLUTION
RELATIONSHIP BETWEEN FEDERAL AND WASTE DISCHARGE PERMITS (1) The Department of Ecology may not concur in the proposed issuance of a wate discharge permit by the United States Environmental Protection Agency under § 301(h) of the Federal Clean Water Act if the proposed federal permit contains effluent quality limitations which require less waste treatment than is required under state law. (2) A municipality is required to obtain a waste discharge permit from the Department of Ecology under RCW 90.48.162 prior to discharge of its sewerage wastes into marine waters of the state even though the municipality already holds a waste discharge permit issued by the Environmental Protection Agency under § 301(h) of the Federal Clean Water Act which was concurred in by the Department of Ecology under that provision. (3) The Department of Ecology is not precluded by federal law from including in a state permit such waste treatment requirements, mandated by state law, as are more stringent than those contained in a permit which was issued by the Environmental Protection Agency without express state concurrence. (4) While state law does not expressly prohibit a municipality from discharging wastes from its sewerage system into Puget Sound, or other marine waters, without providing secondary treatment, all waste proposed for discharge into such waters must be provided with "all known, available, and reasonable methods of treatment" prior to being discharged into those waters‑-regardless of the quality of the water.
AGO 1983 No. 25 >  November 18, 1983
EMPLOYEES - STATE - ANNUAL LEAVE
SIGNIFICANCE OF ADDITIONAL VACATION LEAVE FOR STATE EMPLOYEES UNDER CHAPTER 283, LAWS OF 1983 Employees of the state an of its political subdivisions are not entitled as a matter of right to a leave of absence to attend week end or week night military reserve meetings held during the employees' working hours.
AGO 1983 No. 26 >  November 23, 1983
OFFICES AND OFFICERS - STATE - HOSPITAL COMMISSION - HOSPITALS - RATES
AUTHORITY OF HOSPITAL COMMISSION TO ESTABLISH BILLING SYSTEMS FOR REGULATED HOSPITALS (1) The Washington State Hospital Commission is not authorized to require hospitals to provide it with data involving diagnosis, procedures, age and sex of patients, total charges and file tracer numbers, unrelated to any currently authorized function or activity of the commission.(2) The Hospital Commission may not, under current law, require hospitals to bill their patients and/or payors on the basis of prospective fixed charges for a particular treatment as opposed to charges based on actual goods and services rendered.(3) The Hospital Commission may not, under current law, require all payors, including health care contractors, indemnity insurance carriers, and self-insured or private payors, to reimburse hospitals on the basis of prospective fixed charges for a particular treatment as opposed to charges based on actual goods and services rendered.(4) Assuming a system of reimbursement based upon prospective fixed charges for a particular treatment, the Hospital Commission may not, under current law, permit a hospital to retain excess revenues generated as a result of cost efficient practices by the hospital.
AGO 1983 No. 27 >  December 2, 1983
OFFICES AND OFFICERS - STATE - WASHINGTON STATE CONVENTION AND TRADE CENTER - CIVIL SERVICE - EMPLOYEES
CIVIL SERVICE STATUS OF EMPLOYEES OF STATE CONVENTION AND TRADE CENTER (1) The Washington State Convention and Trade Center corporation which was created pursuant to § 2, chapter 34, Laws of 1982 to construct and operate the State convention and Trade Center is a state agency for purposes of the state civil service law, chapter 41.06 RCW.(2) Identification, based upon the foregoing conclusion, of those offices or positions within the corporation which are, nevertheless, exempt from civil service coverage under RCW 41.06.070.
AGO 1983 No. 28 >  December 6, 1983
OFFICES AND OFFICERS - STATE - BOARD OF NURSING - NURSES - COLLEGES AND UNIVERSITIES - COMMUNITY COLLEGES
STANDARDS FOR NURSING SCHOOLS The act regulating the practice of physical therapy, chapter 18.74 RCW, does not exempt masseurs from the prohibitions contained therein nor are they exempt from similar prohibitions found in acts regulating other branches of practice within the healing arts.
AGO 1983 No. 30 >  December 13, 1983
OFFICES AND OFFICERS - STATE - SECRETARY OF STATE - CORPORATIONS
INVOLUNTARY DISSOLUTION OF CORPORATIONS FOR FAILURE TO PAY ANNUAL LICENSE FEES. (1) The earliest date upon which the Secretary of State may send a notice of delinquency to a corporation failing to pay its annual license fee is the first day of delinquency; i.e., the day following the last day permitted for timely payment. (2) The minimum amount of time which must elapse before the Secretary of State is to administratively dissolve the corporation for nonpayment of its annual license fee is a period of sixty-five days from the date of mailing the notice of delinquency referred to in RCW 23A.28.125.
AGO 1961 No. 53 >  August 10, 1961
OFFICES AND OFFICERS - STATE - BOARD AGAINST DISCRIMINATION - DEPARTMENT OF LABOR AND INDUSTRIES - AUTHORITY UNDER CHAPTER 100, LAWS OF 1961
OFFICES AND OFFICERS ‑- STATE ‑- BOARD AGAINST DISCRIMINATION ‑- DEPARTMENT OF LABOR AND INDUSTRIES ‑- AUTHORITY UNDER CHAPTER 100, LAWS OF 1961 (1) The board against discrimination has the exclusive authority to administer complaints alleging discrimination because of age. (2) Chapter 49.08 RCW does not authorize the department of labor and industries to adjust differences between employer and employee resulting from discrimination because of age. (3) The department of labor and industries has exclusive authority to approve age limits established by employers or licensing agencies pursuant to § 5, chapter 100, Laws of 1961. (4) Chapter 100, Laws of 1961, prohibits discrimination because of age only with respect to persons between the age of forty and sixty-five years. (5) Chapter 100, Laws of 1961, applies only to those employers who have eight or more employees and are not religious or sectarian organizations organized for private profit.
AGO 1961 No. 58 >  August 29, 1961
OFFICES AND OFFICERS - STATE - TOLL BRIDGE AUTHORITY - APPLICATION OF RCW 47.56.220 TO PROPOSED CONSTRUCTION OF THE GOVERNMENT ISLAND BRIDGE ACROSS THE COLUMBIA RIVER
OFFICES AND OFFICERS ‑- STATE ‑- TOLL BRIDGE AUTHORITY ‑- APPLICATION OF RCW 47.56.220 TO PROPOSED CONSTRUCTION OF THE GOVERNMENT ISLAND BRIDGE ACROSS THE COLUMBIA RIVER (1) The provisions of RCW 47.56.220 barring the construction of other bridges within ten miles of an existing span, would be applicable to the proposed government island bridge if the bonds for such project were issued by the Washington toll bridge authority, but would not be applicable to toll bridge bonds issued by class A and first class counties, by port districts, or by the state of Oregon, or any of its subdivisions. (2) If the government island toll bridge bonds are issued under the toll bridge authority, making RCW 47.56.220 applicable, a waiver by the bondholders to permit the construction of other bridges under certain conditions could be incorporated in the toll bridge authority's bond resolution.  If the proposed bridge be of a federal character the waiver by the bondholders should be included in the bond resolution.
AGO 1961 No. 66 >  September 29, 1961
OFFICES AND OFFICERS - STATE - SECRETARY OF STATE - MERGER AGREEMENT - AUTHORITY TO FILE RESCISSION THEREOF
OFFICES AND OFFICERS ‑- STATE ‑- SECRETARY OF STATE ‑- MERGER AGREEMENT ‑- AUTHORITY TO FILE RESCISSION THEREOF (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 1961 No. 67 >  October 2, 1961
OFFICES AND OFFICERS - STATE - PUBLIC SERVICE COMMISSION - INTERPRETATION OF "CARRIERS" AS USED IN CHAPTER 295, LAWS OF 1961
OFFICES AND OFFICERS ‑- STATE ‑- PUBLIC SERVICE COMMISSION ‑- INTERPRETATION OF 'CARRIERS' AS USED IN CHAPTER 295, LAWS OF 1961 (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.
AGO 1962 No. 91 >  January 25, 1962
OFFICES AND OFFICERS - STATE - HIGHWAY COMMISSION - LEGISLATIVE JOINT FACT-FINDING COMMITTEE ON HIGHWAYS, STREETS AND BRIDGES - DUTY TO EXAMINE FACTORS AND ADJUST ESTIMATED ANNUAL COSTS PER TRUNK MILE FOR COUNTIES
OFFICES AND OFFICERS ‑- STATE ‑- HIGHWAY COMMISSION ‑- LEGISLATIVE JOINT FACT-FINDING COMMITTEE ON HIGHWAYS, STREETS AND BRIDGES ‑- DUTY TO EXAMINE FACTORS AND ADJUST ESTIMATED ANNUAL COSTS PER... (1) Under RCW 46.68.120 (3) (e) the legislature has imposed the duty, every four years beginning in 1958, upon the joint fact-finding committee and the highway commission to jointly re‑examine [[reexamine]] all the factors on which the estimated costs per trunk mile for the several counties have been based, and based upon such re‑examination [[reexamination]] and acting in a fact-finding capacity, the highway commission and the joint fact-finding committee are then required jointly to make such adjustments in the estimated annual costs per trunk mile for the several counties as may be necessary. (2) The estimated annual costs per trunk mile as adjusted by the joint fact-finding committee on highways, streets and bridges and the highway commission, pursuant to RCW 46.68.120, are to be used in making the 1962 allocations of fuel taxes to the counties.
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 1962 No. 97 >  February 21, 1962
OFFICES AND OFFICERS - STATE - AERONAUTICS COMMISSION - AUTHORITY TO REQUIRE AIR HAZARDS TO BE MARKED
OFFICES AND OFFICERS ‑- STATE ‑- AERONAUTICS COMMISSION ‑- AUTHORITY TO REQUIRE AIR HAZARDS TO BE MARKED (1) Federal Aviation Agency Regulation Part 626 requiring the reporting of air hazards does not supersede chapter 263, Laws of 1961, which governs the marking of structures or obstacles which have been declared to be hazards or potential hazards for the safe flight of aircraft.   (2) Compliance with the federal regulation regarding reporting does not satisfy the requirements of the state act.
AGO 1962 No. 101 >  March 13, 1962
FEDERAL - STATE - JURISDICTION - TITAN MISSILE BASES IN GRANT COUNTY
FEDERAL ‑- STATE ‑- JURISDICTION ‑- TITAN MISSILE BASES IN GRANT COUNTY The federal government does not have exclusive criminal jurisdiction over the Titan missile bases in Grant county, nor does it have concurrent jurisdiction, since it has not complied with applicable federal law.  However, the state of Washington, in exercising its jurisdiction, may not act in a manner which will embarrass the federal government in the exercise of the powers and functions incident to the public purpose to which the lands are devoted.
AGO 1974 No. 12 >  June 28, 1974
OFFICES AND OFFICERS - STATE - SECRETARY OF STATE - ELECTIONS - FILING FEES - ENFORCEMENT OF CANDIDATES' FILING FEES AGAINST INDIGENTS
OFFICES AND OFFICERS ‑- STATE ‑- SECRETARY OF STATE ‑- ELECTIONS ‑- FILING FEES ‑- ENFORCEMENT OF CANDIDATES' FILING FEES AGAINST INDIGENTS (1) In view of a recent ruling by the United States Supreme Court with respect to the constitutionality of filing fees in the case of indigent persons seeking to become candidates for public office, the requirements of RCW 29.18.050 are no longer constitutionally enforceable with respect to candidates for office in the state of Washington who wish to file for public office but who are unable to pay the filing fees prescribed by that statute. (2) The secretary of state has the authority under RCW 29.24.080 to adopt a rule or regulation requiring any candidate claiming to be unable to pay the fee required by RCW 29.18.050 for the particular office he is seeking to execute and file with his declaration of candidacy a supplemental affidavit attesting to that fact.
AGO 1962 No. 102 >  March 20, 1962
OFFICES AND OFFICERS - STATE - DEPARTMENT OF HIGHWAYS - AUTHORITY TO PAY MOVING EXPENSES OF PROSPECTIVE EMPLOYEES
OFFICES AND OFFICERS ‑- STATE ‑- DEPARTMENT OF HIGHWAYS ‑- AUTHORITY TO PAY MOVING EXPENSES OF PROSPECTIVE EMPLOYEES The department of highways does not have the authority to offer a prospective employee, as an inducement for his accepting state employment, to pay the cost of moving his household goods and effects to the vicinity of the place of his employment.
AGO 1962 No. 104 >  March 27, 1962
OFFICES AND OFFICERS - STATE - DEPARTMENT OF LABOR & INDUSTRIES - ATTORNEY'S FEES UNDER § 7, CHAPTER 274, LAWS OF 1961
OFFICES AND OFFICERS ‑- STATE ‑- DEPARTMENT OF LABOR & INDUSTRIES ‑- ATTORNEY'S FEES UNDER § 7, CHAPTER 274, LAWS OF 1961 (1) Under § 7, chapter 274, Laws of 1961 (RCW 51.24.010), an injured workman who successfully maintains a third party action, the recovery of which is had after June 8, 1961, is entitled to have the state bear a proportionate share of the costs and attorney's fees (after approval of the court) that he has incurred in effecting recovery. (2) Before the department of labor and industries can be called upon to contribute a proportionate share of attorney's fees and costs the workman must file a civil action in a court of law.
AGO 1974 No. 15 >  July 25, 1974
OFFICES AND OFFICERS - EMPLOYEES - STATE - INSTITUTIONS - SALARIES - USE OF STATE‑OWNED OR LEASED AUTOMOBILES
OFFICES AND OFFICERS ‑- EMPLOYEES ‑- STATE ‑- INSTITUTIONS ‑- SALARIES ‑- USE OF STATE‑OWNED OR LEASED AUTOMOBILES (1) The governing body of a state institution may not, in the exercise of its statutory authority to employ and fix the salaries and duties of the various administrative officers and employees of that institution, provide those officers and employees with the unrestricted use of an automobile owned or leased by the institution for that purpose.  (2) Where the statutory authority of a state institution is to "employ," or "employ and compensate" its necessary officials or employees, that institution may, in the exercise of this authority, contract to provide the unrestricted use of an automobile leased by the institution for that purpose, but it may not so contract in the case of a state‑owned automobile in view of WAC 82-28-200 which provides that state cars shall be used only for official business.
AGO 1975 No. 1 >  January 8, 1975
OFFICES AND OFFICERS - STATE - SUPERINTENDENT OF PUBLIC INSTRUCTION - STATE BOARD OF EDUCATION - SCHOOL DISTRICTS - DISCRIMINATION - EMPLOYMENT
OFFICES AND OFFICERS ‑- STATE ‑- SUPERINTENDENT OF PUBLIC INSTRUCTION ‑- STATE BOARD OF EDUCATION ‑- SCHOOL DISTRICTS ‑- DISCRIMINATION ‑- EMPLOYMENT (1) Neither the superintendent of public instruction nor the state board of education has the authority under any existing statute or constitutional provision to formulate and implement a state‑wide [[statewide]] affirmative or corrective action policy for disadvantaged groups such as women or racial minorities which would be binding on all local school districts in their employment of personnel; under the supervisory authority granted to him by Article III, § 23 of the state constitution, however, the state superintendent of public instruction may require local school districts, in connection with their employment of personnel, to formulate and implement their own affirmative action policies for such disadvantaged groups, subject to such constitutional standards as may be applicable to those kinds of programs. (2) Such a requirement may be enforced by a mandamus action against any noncomplying school districts. (3) The state superintendent of public instruction has the authority to enforce federal affirmative action programs by refusing to disburse federal funds to noncomplying school districts.
AGO 1962 No. 125 >  April 26, 1962
OFFICES AND OFFICERS - STATE - DEPARTMENT OF FISHERIES - NONRESIDENT COMMERCIAL FISHING LICENSES
OFFICES AND OFFICERS ‑- STATE ‑- DEPARTMENT OF FISHERIES ‑- NONRESIDENT COMMERCIAL FISHING LICENSES Fees that are assessed for the necessary licenses permitting use of commercial fishing vessels in this state are to be predicated upon the residency of the owners of the vessels rather than the operators.
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 1962 No. 128 >  May 4, 1962
OFFICES AND OFFICERS - STATE - BOARD OF PRISON TERMS AND PAROLES - MINIMUM DURATION OF CONFINEMENT WHERE NOT SPECIFICALLY PRESCRIBED BY STATUTE
OFFICES AND OFFICERS ‑- STATE ‑- BOARD OF PRISON TERMS AND PAROLES ‑- MINIMUM DURATION OF CONFINEMENT WHERE NOT SPECIFICALLY PRESCRIBED BY STATUTE The board of prison terms and paroles is not restricted specifically by any provision found in chapter 9.95 RCW (other than the specific minimum terms of confinement set forth in RCW 9.95.040 and 9.95.115) as to the minimum duration of confinement which it may fix for those persons convicted of a felony and committed to state correctional institutions for felons.
AGO 1962 No. 134 >  May 14, 1962
CONSTITUTIONAL LAW - STATE - LEGISLATORS - PRIVILEGE FOR WORDS SPOKEN IN DEBATE - DEFAMATION
CONSTITUTIONAL LAW ‑- STATE ‑- LEGISLATORS ‑- PRIVILEGE FOR WORDS SPOKEN IN DEBATE ‑- DEFAMATION Under Article II, § 17, of the Washington State Constitution members of the legislature are granted an absolute privilege for words spoken in debate which privilege attaches while a legislator is performing his proper legislative function whether within or without the physical confines of the legislature itself.
AGO 1962 No. 138 >  May 22, 1962
OFFICES AND OFFICERS - STATE - BOARD OF EDUCATION - REIMBURSEMENT FOR ACTUAL EXPENSES
OFFICES AND OFFICERS ‑- STATE ‑- BOARD OF EDUCATION ‑- REIMBURSEMENT FOR ACTUAL EXPENSES The members of the state board of education may be reimbursed for the actual expenses incurred in the performance of their duties.
AGO 1962 No. 144 >  July 17, 1962
OFFICES AND OFFICERS - STATE - INSURANCE COMMISSIONER - AUTHORITY TO RELICENSE WHERE LICENSE REVOKED BECAUSE OF A FELONY CONVICTION
OFFICES AND OFFICERS ‑- STATE ‑- INSURANCE COMMISSIONER ‑- AUTHORITY TO RELICENSE WHERE LICENSE REVOKED BECAUSE OF A FELONY CONVICTION Where the license of an insurance agent was revoked by the insurance commissioner because of a felony conviction the commissioner does not have the authority to relicense the former agent when said individual is released from confinement and placed on parole.
AGO 1962 No. 146 >  July 18, 1962
OFFICES AND OFFICERS - STATE - LEGISLATOR - EMPLOYMENT - POSITION COVERED BY STATE CIVIL SERVICE LAW - LEAVE OF ABSENCE - REINSTATEMENT REGISTER
OFFICES AND OFFICERS ‑- STATE ‑- LEGISLATOR ‑- EMPLOYMENT ‑- POSITION COVERED BY STATE CIVIL SERVICE LAW ‑- LEAVE OF ABSENCE ‑- REINSTATEMENT REGISTER (1) A member of the 37th legislature may accept an office or employment covered by the state civil service law provided the position is not a public office created by the 37th legislature or a public office the emoluments of which were increased by the 37th legislature provided the office is not incompatible with the office of a legislator or creates a conflict of interest. (2) A state employee or officer covered by the state civil service law may not engage in the management of partisan political campaigns, including his own, unless the campaign be one for a part-time public office in a political subdivision of the state.  Resignation or termination must precede engagement in the management of a campaign for legislative office. (3) A state employee who resigns his civil service position would be eligible for reinstatement provided he meets the requirements set forth in the merit system rule.
AGO 1979 No. 12 >  May 22, 1979
OFFICES AND OFFICERS - STATE
ENTITLEMENT TO ANNUAL LEAVE UNDER RCW 43.01.040, et seq (1) RCW 43.01.040, et seq., relating to annual leave for state officers and employees, applies to the legislative and judicial branches of government as well as to the executive branch. (2) RCW 43.01.040, et seq., applies, equally, to state employees in the classified service and to those occupying exempt positions; accordingly, with a single possible exception relating to employees of a state institution of higher education, no such employees are entitled to have vacation leave accumulated in excess of 30 working days without having a statement of necessity for deferral of leave on file with their particular employing agency. (3) RCW 43.01.040, et seq., relating to annual leave, applies to individuals appointed by the governor to an agency directorship or as a member of a state board or commission subject to gubernatorial appointment. (4) While it is the Governor's Office which is the "employing office" with which an application for extension of annual leave must be filed by an agency director or board or commission member referred to in (3), supra, it is the convenience of the agency, office, department or institution to which such individual is assigned which is determinative of the propriety of the extension.
AGO 1962 No. 151 >  August 6, 1962
OFFICES AND OFFICERS - STATE - LEGISLATURE - LEGISLATIVE COUNCIL - INVESTIGATION AND PUBLIC HEARING - PRIOR APPROVAL REQUIRED
OFFICES AND OFFICERS ‑- STATE ‑- LEGISLATURE ‑- LEGISLATIVE COUNCIL ‑- INVESTIGATION AND PUBLIC HEARING ‑- PRIOR APPROVAL REQUIRED The prior approval of two-thirds of the membership of the legislative council is required before the council has the authority to conduct any public hearings or investigations under RCW 44.24.020 (3).
AGO 1962 No. 154 >  August 13, 1962
OFFICES AND OFFICERS - STATE - BOARD OF EDUCATION - STATE FINANCIAL ASSISTANCE FOR SCHOOL CONSTRUCTION - APPROVAL OF SITES
OFFICES AND OFFICERS ‑- STATE ‑- BOARD OF EDUCATION ‑- STATE FINANCIAL ASSISTANCE FOR SCHOOL CONSTRUCTION ‑- APPROVAL OF SITES (1) Alfalfa seed sold and delivered by the farmer-producer to a processor is subject to applicable property taxes even though it is shipped out of the state on or before April 30 of the first year in which it would otherwise be taxable. (2) Alfalfa seed is exempt from property taxes otherwise applicable if owned by the farmer-producer on the first day of January following harvesting, and this exemption applies whether or not the seed was grown in another state and shipped into Washington for storage.
AGO 1962 No. 156 >  August 15, 1962
OFFICES AND OFFICERS - STATE - GOVERNOR'S ADVISORY COUNCIL ON NUCLEAR ENERGY AND RADIATION - EX OFFICIO MEMBERS - VOTE - SUBSTITUTES - QUORUM
OFFICES AND OFFICERS ‑- STATE ‑- GOVERNOR'S ADVISORY COUNCIL ON NUCLEAR ENERGY AND RADIATION ‑- EX OFFICIO MEMBERS ‑- VOTE ‑- SUBSTITUTES ‑- QUORUM (1) The four ex officio members on the governor's advisory council on nuclear energy and radiation have the same right to vote as the other appointed members of the council. (2) If one of the ex officio members of the council is unable to attend the council meeting any person who attends at the request of the member is not entitled to cast an official vote on any matter before the council. (3) Since a quorum of the council is not prescribed by statute the common-law rule that a majority of any body constitutes a quorum for the transaction of business is applicable and the council itself therefore may not define what is necessary to constitute a quorum.
AGO 1979 No. 1 >  January 5, 1979
OFFICES AND OFFICERS - STATE - LEGISLATORS - MOTOR VEHICLES - ARREST OF LEGISLATORS FOR TRAFFIC OFFENSES
OFFICES AND OFFICERS ‑- STATE ‑- LEGISLATORS ‑- MOTOR VEHICLES ‑- ARREST OF LEGISLATORS FOR TRAFFIC OFFENSES Although the privilege from arrest in Article II, § 16 of the Washington Constitution extends beyond the term of a legislative session, it relates to the possibility of civil arrest only and is not a privilege from arrest for the commission of a crime; therefore, Article II, § 16 does not preclude the arrest of a member of the Washington State Legislature for the commission of a traffic offense within the purview of RCW 46.61.010.
AGO 1979 No. 3 >  February 16, 1979
OFFICES AND OFFICERS - STATE - THE EVERGREEN STATE COLLEGE - SCHOOLS AND COLLEGES - POLITICAL PARTIES - USE OF CAMPUS FACILITIES FOR CERTAIN POLITICAL OR OTHER ACTIVITIES
OFFICES AND OFFICERS ‑- STATE ‑- THE EVERGREEN STATE COLLEGE ‑- SCHOOLS AND COLLEGES ‑- POLITICAL PARTIES ‑- USE OF CAMPUS FACILITIES FOR CERTAIN POLITICAL OR OTHER ACTIVITIES (1) The facilities of a state college or university may be used for a candidates' forum to which candidates for elective office would be invited on a nondiscriminatory basis to appear on campus to present their views and respond to questions from the audience, which forum would be sponsored by the student body or some other campus group and would involve no charge to the candidates for attendance or for use of the facilities.  (2) The facilities of a state college or university may be used for the conduct of a political party convention on campus provided that the political party involved actually rents the facilities from the college pursuant to a legitimate lease or rental agreement.  (3) A state college or university may allow student campus groups to sponsor meetings involving organizations such as the "Crab Shell Alliance" group opposing the Trident Base at Bangor and the "Greenpeace" group opposing nuclear power plants, utilizing the public facilities at the college as a forum for such organizations to espouse their beliefs.
AGO 1962 No. 164 >  September 12, 1962
OFFICES AND OFFICERS - STATE - DEPARTMENT OF NATURAL RESOURCES - FIRE SEASON PERMITS - INFLAMMABLE MATERIAL
OFFICES AND OFFICERS ‑- STATE ‑- DEPARTMENT OF NATURAL RESOURCES ‑- FIRE SEASON PERMITS ‑- INFLAMMABLE MATERIAL Any person desiring to burn any inflammable material in a forested or nonforested part of any county in which there is a warden or ranger must obtain a burning permit, during the fire season prescribed by state law, from the supervisor of natural resources or the warden or ranger unless the material is contained in an approved device.
AGO 1962 No. 165 >  October 19, 1962
OFFICES AND OFFICERS - STATE - DEPARTMENT OF LICENSES - DIRECTOR - RULES AND REGULATIONS UNDER RCW 46.80.140 - VIOLATION
OFFICES AND OFFICERS ‑- STATE ‑- DEPARTMENT OF LICENSES ‑- DIRECTOR ‑- RULES AND REGULATIONS UNDER RCW 46.80.140 ‑- VIOLATION Any violation of the rules and regulations promulgated by the director of licenses for motor vehicle wreckers pursuant to the authority vested in said director by RCW 46.80.140 does not constitute a crime.
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. 14 >  July 3, 1975
COURTS - JUVENILE - CRIMES - OFFICES AND OFFICERS - STATE - DEPARTMENT OF SOCIAL AND HEALTH SERVICES - JURISDICTION OF DEPARTMENT OVER DELINQUENT JUVENILES UPON ATTAINMENT OF AGE EIGHTEEN
COURTS ‑- JUVENILE ‑- CRIMES ‑- OFFICES AND OFFICERS ‑- STATE ‑- DEPARTMENT OF SOCIAL AND HEALTH SERVICES ‑- JURISDICTION OF DEPARTMENT OVER DELINQUENT JUVENILES UPON ATTAINMENT OF AGE EIGHTEEN Except where covered by a juvenile court order under § 1, chapter 170, Laws of 1975, 1st Ex. Sess., in the case of a juvenile in the custody of the department of social and health services who was not yet 18 when that law became effective, a juvenile who has been adjudged to be a delinquent child under RCW 13.04.010, et seq., and has therefore been committed by the juvenile court under RCW 13.04.095, may not, in view of In re Carson , 84 Wn.2d 969 (1975), continue to be held in custody solely on that basis after attaining the age of 18 years.
AGO 1962 No. 173 >  October 9, 1962
OFFICES AND OFFICERS - STATE - SUPERINTENDENT OF PUBLIC INSTRUCTION - QUALIFICATIONS FOR OFFICE - POWER OF LEGISLATURE TO PRESCRIBE
OFFICES AND OFFICERS ‑- STATE ‑- SUPERINTENDENT OF PUBLIC INSTRUCTION ‑- QUALIFICATIONS FOR OFFICE ‑- POWER OF LEGISLATURE TO PRESCRIBE The legislature does not have the authority to establish qualifications for the office of the state superintendent of public instruction in addition to those found in Article III, § 25, Amendment 31, of the Washington State Constitution.
AGO 1975 No. 15 >  July 17, 1975
OFFICES AND OFFICERS - STATE - DEPARTMENT OF MOTOR VEHICLES - PUBLIC RECORDS
ACCESS TO LISTS OF INDIVIDUALS UNDER INITIATIVE NO. 276 (1) In the absence of specific legal authorization or direction, a public agency governed by Initiative No.276 (chapter 42.17 RCW) is prohibited by RCW 42.17.260(5) from supplying the names of natural persons in list form when the person requesting such information from the public records of the agency intends to use it to contact or in some way personally affect the individuals identified on the list and when the purpose of the contact would be to facilitate that person's commercial activities.  (2) Application of above principles to several specific factual situations involving records in the custody of the state department of motor vehicles.
AGO 1962 No. 181 >  December 12, 1962
OFFICES AND OFFICERS - STATE - BOARD OF PILOTAGE COMMISSION - LICENSING OF PILOTS PILOTING VESSELS ON PUGET SOUND - CITIZENSHIP - AGREEMENT WITH CANADIAN AUTHORITIES - PENALTIES FOR VIOLATING PILOTAGE LAWS
OFFICES AND OFFICERS ‑- STATE ‑- BOARD OF PILOTAGE COMMISSION ‑- LICENSING OF PILOTS PILOTING VESSELS ON PUGET SOUND ‑- CITIZENSHIP ‑- AGREEMENT WITH CANADIAN AUTHORITIES ‑- PENALTIES FOR VIOLATING PI 1. Under chapter 88.16 RCW pilots of Canadian citizenship (who may not be licensed as pilots in this state) may not engage in the piloting of vessels between British Columbia and Puget Sound ports through those portions of the Haro Straits lying within the boundaries of the state of Washington. 2. The state of Washington or any agency thereof may not enter into an agreement with officials of the Canadian government providing for the distribution of responsibility for pilotage in such waters between American and Canadian pilots. 3. Penalties for failure to abide by the pilotage laws are contained throughout chapter 88.16 RCW and are to be enforced by regularly constituted county authorities.
AGO 1962 No. 183 >  December 17, 1962
OFFICES AND OFFICERS - STATE - HIGHWAY COMMISSION - ACQUISITION OF FERRIES BY LEASE‑PURCHASE
OFFICES AND OFFICERS ‑- STATE ‑- HIGHWAY COMMISSION ‑- ACQUISITION OF FERRIES BY LEASE‑PURCHASE The state of Washington acting through the state highway commission has the general authority under existing state law to acquire new ferries by a lease‑purchase contract so long as the contract does not violate any provisions of the state constitution.
AGO 1963 No. 5 >  January 18, 1963
OFFICES AND OFFICERS - STATE - INSURANCE COMMISSIONER - DISABILITY INSURANCE - USE OF THE TERM "PHYSICIAN" WITHOUT DEFINING SAME - AMBIGUITY - AUTHORITY TO RESOLVE
OFFICES AND OFFICERS ‑- STATE ‑- INSURANCE COMMISSIONER ‑- DISABILITY INSURANCE ‑- USE OF THE TERM 'PHYSICIAN' WITHOUT DEFINING SAME ‑- AMBIGUITY ‑- AUTHORITY TO RESOLVE The insurance commissioner has the authority to notify insurers that the term "physician" as used in a policy of disability insurance is ambiguous and must be considered to include chiropodists unless otherwise expressly excluded by definition.
AGO 1963 No. 16 >  April 15, 1963
OFFICES AND OFFICERS - STATE - WASHINGTON STATE TOLL BRIDGE AUTHORITY - FARES ON PUGET SOUND FERRIES - SCHOOL DISTRICT EDUCATIONAL TRIPS - AUTHORITY OF TOLL BRIDGE AUTHORITY TO PROVIDE FREE PASSAGE OR REDUCTION OF TARIFFS OR CHARGES
OFFICES AND OFFICERS - STATE ‑- WASHINGTON STATE TOLL BRIDGE AUTHORITY ‑- FARES ON PUGET SOUND FERRIES ‑- SCHOOL DISTRICT EDUCATIONAL TRIPS ‑- AUTHORITY OF TOLL BRIDGE AUTHORITY TO PROVIDE FREE… 1. The Washington toll bridge authority does not have the power to exempt public school children from fares on the Puget Sound ferries when said public school children are riding a public school bus to and from educational trips in the course of their schooling. 2. Same :  The toll bridge authority does however have the authority, with the approval of its consulting engineer, to effect a reasonable reclassification and reduction of charges for this class of user.  What would be an appropriate or reasonable classification is a question of fact to be determined by the toll bridge authority.
AGO 1963 No. 23 >  May 16, 1963
OFFICES AND OFFICERS - STATE - OIL AND GAS CONSERVATION COMMITTEE - DUTIES - "CONTINENTAL SHELF"
OFFICES AND OFFICERS ‑- STATE ‑- OIL AND GAS CONSERVATION COMMITTEE ‑- DUTIES ‑- 'CONTINENTAL SHELF' 1. The continental shelf lands in the area between the Pacific Ocean coast line of Washington state and the state's western boundary are subject to chapter 146, Laws of 1951, and the administration and enforcement of its provisions rest with the oil and gas conservation committee. 2. Federally-owned continental shelf land located west of the state's western boundary are not subject to chapter 146, Laws of 1951, and the oil and gas conservation committee has no duties or responsibilities regarding said lands.
AGO 1963 No. 24 >  May 21, 1963
OFFICES AND OFFICERS - STATE - AGENCIES - SUPERVISING OFFICIAL OR GOVERNING BODY - AUTHORITY TO EXECUTE GROUP DISABILITY INSURANCE CONTRACTS FOR EMPLOYEES - NONDELEGABLE
OFFICES AND OFFICERS ‑- STATE ‑- AGENCIES ‑- SUPERVISING OFFICIAL OR GOVERNING BODY ‑- AUTHORITY TO EXECUTE GROUP DISABILITY INSURANCE CONTRACTS FOR EMPLOYEES ‑- NONDELEGABLE Under chapter 75, Laws of 1963, the authority granted to the supervising official or governing body of any department, division or separate agency of state government to provide for hospitalization and medical aid for their employees and dependents through contracts with insurance carriers or health care contractors may not be delegated to the trustee appointed by the governor.
AGO 1963 No. 26 >  May 28, 1963
OFFICES AND OFFICERS - STATE - PARKS AND RECREATION COMMISSION - AUTHORITY TO ACCEPT DONATED PROPERTY WITHIN MUNICIPAL BOUNDARIES FOR STATE PARK PURPOSES - EXPENDITURE OF FUNDS FOR MAINTENANCE
OFFICES AND OFFICERS - STATE ‑- PARKS AND RECREATION COMMISSION ‑- AUTHORITY TO ACCEPT DONATED PROPERTY WITHIN MUNICIPAL BOUNDARIES FOR STATE PARK PURPOSES ‑- EXPENDITURE OF FUNDS FOR MAINTENANCE (1) The state parks and recreation commission is vested with the statutory authority to accept donated property within municipal boundaries for state park purposes. (2) Same :  The state parks and recreation commission may expend park funds for the maintenance and operation of such donated property.
AGO 1963 No. 28 >  May 31, 1963
OFFICES AND OFFICERS - STATE - AUDITOR - AUTHORITY TO PRESCRIBE SYSTEM OF ACCOUNTING FOR MUNICIPAL FUNDS - "LONG AND SHORT" ACCOUNT
OFFICES AND OFFICERS ‑- STATE ‑- AUDITOR ‑- AUTHORITY TO PRESCRIBE SYSTEM OF ACCOUNTING FOR MUNICIPAL FUNDS ‑- 'LONG AND SHORT' ACCOUNT The state auditor has the statutory authority to authorize the use by various municipalities of a "long and short" account within the prescribed system of accounting of municipal funds, pursuant to his finding that it meets standards of accuracy required by RCW 43.09.200.
AGO 1963 No. 32 >  June 18, 1963
OFFICES AND OFFICERS - STATE - DEPARTMENT OF FISHERIES - RULES AND REGULATIONS - CONFLICT WITH PROVISIONS OF INDIAN TREATY - EFFECT
OFFICES AND OFFICERS ‑- STATE ‑- DEPARTMENT OF FISHERIES ‑- RULES AND REGULATIONS ‑- CONFLICT WITH PROVISIONS OF INDIAN TREATY ‑- EFFECT Under a treaty entered into in 1855 by the United States government and the Yakima Indians, the Indians were given exclusive fishing right on rivers "running through or bordering said reservation."  A rule or regulation of the department of fisheries purporting to authorize fishing at such places, by nonmembers of the tribe, is invalid and must fall as being in conflict with the supremacy clause of the United States Constitution.
AGO 1984 No. 3 >  February 2, 1984
OFFICES AND OFFICERS - STATE - PARKS AND RECREATION COMMISSION - BOATS
PROMULGATION OF RECREATIONAL BOATING STANDARDS The Washington State Parks and Recreation Commission does not now have the authority, under § 52, chapter 3, Laws of 1983, 2nd Ex. Sess., to promulgate and enforce rules of general state‑wide applicability prescribing recreational boating safety standards and equipment, consistent with Coast Guard regulations and standards.
AGO 1984 No. 4 >  February 9, 1984
OFFICES AND OFFICERS - STATE - DEPARTMENT OF GAME - DEPARTMENT OF FISHERIES
CRITERIA FOR DENIAL OF HYDRAULIC PERMITS In view of specific language in § 75, chapter 46, Laws of 1983, 1st ex. Sess., neither the Department of Fisheries nor the Department of Game may now deny, or condition, a hydraulic permit applied for under RCW 75.20.100 on the nonstatutory ground that the project, or other work involved‑-for which the permit is sought‑-would physically conflict with the taking of fish or shellfish.
AGO 1963 No. 37 >  July 19, 1963
OFFICES AND OFFICERS - STATE - COMMERCE AND ECONOMIC DEVELOPMENT - STATE COMPREHENSIVE PLANNING - AUTHORITY TO RECEIVE AND EXPEND FEDERAL FUNDS
OFFICES AND OFFICERS ‑- STATE ‑- COMMERCE AND ECONOMIC DEVELOPMENT ‑- STATE COMPREHENSIVE PLANNING ‑- AUTHORITY TO RECEIVE AND EXPEND FEDERAL FUNDS The department of commerce and economic development under chapter 161, Laws of 1963, has the authority (1) to do state comprehensive planning including comprehensive planning as defined in the federal housing act of 1954, as amended; and (2) to receive and expend federal or other funds for such purposes.
AGO 1976 No. 6 >  February 24, 1976
OFFICES AND OFFICERS - STATE - LEGISLATOR - RECEIPT OF COMPENSATION FOR ASSISTANCE IN PREPARATION OF LEGISLATION
OFFICES AND OFFICERS ‑- STATE ‑- LEGISLATOR ‑- RECEIPT OF COMPENSATION FOR ASSISTANCE IN PREPARATION OF LEGISLATION (1) Circumstances under which a state legislator will be guilty of receiving unlawful compensation under RCW 9A.68.030(1)(a) if, in his official capacity as an employee of either a private or other public agency (i.e., outside of his legislative employment), he gives advice or other assistance on legislation upon which he may later be required to testify or vote in the legislature.  (2) Circumstances under which the private or other public employer of such a legislator will be guilty of granting unlawful compensation under RCW 9A.68.030(1)(b) for paying the legislator for advice or other assistance in preparing or promoting a bill upon which the legislator may later be required to testify or vote in the legislature.
AGO 1984 No. 10 >  March 8, 1984
OFFICES AND OFFICERS - STATE - AUDITOR - MUNICIPAL CORPORATIONS
AUTHORITY TO AUDIT ECONOMIC DEVELOPMENT COUNCILS Economic development councils created in response to (but not pursuant to) RCW 35A.11.060, RCW 35.21.680 or RCW 36.32.410 are not, themselves, municipal corporations or quasi-corporations for the purposes of audit under RCW 43.09.260; however, the State Auditor would nevertheless have the authority to examine the books and records of an economic development council (or any similarly situated private party) as an extension of his authority to audit those municipal corporations or quasi-municipal corporations which have provided funds to such organizations.
AGO 1984 No. 11 >  March 27, 1984
OFFICES AND OFFICERS - STATE - CORRECTIONS STANDARDS BOARD - JAILS - COUNTIES - CITIES
APPLICABILITY OF MINORITY AND WOMEN'S BUSINESS ENTERPRISES ACT (1) The State Corrections Standards Board is not required by chapter 120, Laws of 1983, the Minority and Women's Business Enterprises Act, to fix goals which would, in turn, necessitate that specified portions of the funds which are awarded by it to local governments be set aside for minority or women-owned businesses.(2) Chapter 120, Laws of 1983, the Minority and Women's Business Enterprises Act, applies only to public works projects undertaken by the State (or an agency thereof) itself and, therefore, does not impose any additional duties or responsibilities on local jurisdictions with respect to jail construction and renovation funded through the State Corrections Standards Board.
AGO 1963 No. 42 >  July 30, 1963
OFFICES AND OFFICERS - STATE - DEPARTMENT OF LABOR AND INDUSTRIES - SHOP INSPECTION OF BOILERS
OFFICES AND OFFICERS ‑- STATE ‑- DEPARTMENT OF LABOR AND INDUSTRIES ‑- SHOP INSPECTION OF BOILERS The fee schedule for shop inspection of boilers is prescribed in chapter 217, Laws of 1963, but the fee for inspection of secondhand or used boilers is controlled by § 33, chapter 32, Laws of 1951 (RCW 70.79.340).
AGO 1963 No. 43 >  July 31, 1963
OFFICES AND OFFICERS - STATE - AERONAUTICS COMMISSION - AUTHORITY TO SELL PROPERTY - PROCEEDS - COMPLIANCE WITH FEDERAL GRANT
OFFICES AND OFFICERS ‑- STATE ‑- AERONAUTICS COMMISSION ‑- AUTHORITY TO SELL PROPERTY ‑- PROCEEDS ‑- COMPLIANCE WITH FEDERAL GRANT The state aeronautics commission has the authority (1) to sell property located on an emergency airfield granted to the state by the federal government; and (2) to place the proceeds in a special fund from which expenses of improvements on the airfield may be paid when the federal grant of such property requires the proceeds be so expended.
AGO 1984 No. 23 >  September 7, 1984
OFFICES AND OFFICERS - STATE - ATTORNEY GENERAL - WASHINGTON STATE PATROL
LEGAL COUNSEL FOR STATE PATROL The Washington State Patrol does not have statutory authority to employ an attorney to serve as legal adviser to the Patrol, instead of obtaining legal advice and representation from the Office of the Attorney General
AGO 1976 No. 12 >  June 4, 1976
OFFICES AND OFFICERS - STATE - DEPARTMENT OF ECOLOGY - WATER - ISSUANCE OF LIMITED TERM WATER USE PERMITS
OFFICES AND OFFICERS ‑- STATE ‑- DEPARTMENT OF ECOLOGY ‑- WATER ‑- ISSUANCE OF LIMITED TERM WATER USE PERMITS If, in order to attain "maximum net benefits" and protect the public welfare and interest against the long range detrimental effects of a perpetual water use not so restricted, the state department of ecology, in issuing a surface water right permit pursuant to RCW 90.03.290, determines to include a provision authorizing use of such waters unconditionally for specified initial period of time (e.g., fifty years), with any authorization to withdraw for further periods of time made dependent upon subsequent determinations by the department involving public needs for the waters involved, that action is likely to be upheld by the courts.
AGO 1984 No. 26 >  November 2, 1984
OFFICES AND OFFICERS - STATE - DEPARTMENT OF AGRICULTURE - AGRICULTURE
FORMATION OF AGRICULTURAL COMMODITY COMMISSIONS For the purposes of creating an agricultural commodity commission under a new marketing order or agreement, the provisions of the 1961 agricultural enabling act (chapter 15.65 RCW) have not superseded the provisions of the 1955 enabling act (chapter 15.66 RCW); therefore, a commodity commission may be created under a new order under either the 1961 or the 1955 act in accordance with the procedures set forth, respectively, therein as further outlined in this opinion.
AGO 1963 No. 46 >  August 5, 1963
OFFICES AND OFFICERS - STATE - DEPARTMENT OF NATURAL RESOURCES - BED OF OCEAN BEYOND OUTER HARBOR LINES - AUTHORITY OF DEPARTMENT TO LEASE FOR PURPOSES OF OIL AND GAS EXPLORATION
OFFICES AND OFFICERS ‑- STATE ‑- DEPARTMENT OF NATURAL RESOURCES ‑- BED OF OCEAN BEYOND OUTER HARBOR LINES ‑- AUTHORITY OF DEPARTMENT TO LEASE FOR PURPOSES OF OIL AND GAS EXPLORATION Section 1, Article XV, of the Washington State Constitution as amended by Amendment 15, does not prohibit the department of natural resources from leasing to private corporations submerged land located seaward from the outer harbor lines for the purposes of oil and gas exploration.
AGO 1963 No. 47 >  August 7, 1963
OFFICES AND OFFICERS - STATE - PATROL OFFICERS - OFF-DUTY HOURS - WITNESS - TESTIFYING ON BEHALF OF STATE - JUSTICE COURT
OFFICES AND OFFICERS ‑- STATE ‑- PATROL OFFICERS ‑- OFF-DUTY HOURS ‑- WITNESS ‑- TESTIFYING ON BEHALF OF STATE ‑- JUSTICE COURT A state patrol officer is not entitled to witness fees for appearing and testifying in a justice court on behalf of the state, county or municipality during off-duty hours unless he be subpoenaed and required to appear and testify in a county other than that in which he resides, or unless his appearance concerns matters not connected with his official duties.
AGO 1985 No. 1 >  January 7, 1985
OFFICES AND OFFICERS - STATE - LEGISLATOR
APPOINTMENT OF COUNTY COMMISSIONER TO VACANCY IN MULTI-COUNTY LEGISLATIVE POSITION If a vacancy occurs in one position of a House of Representatives district which encompasses two counties and part of a third county, the boards of county commissioners of the three counties, acting jointly pursuant to Wash. Const. Art. II, § 15 (Amendment 52), may not appoint one of their own members to fill such vacancy.
AGO 1985 No. 3 >  January 25, 1985
OFFICES AND OFFICERS - STATE - DEPARTMENT OF ECOLOGY - DEPARTMENT OF SOCIAL AND HEALTH SERVICES
STATE MONITORING AND REGULATION OF RADIOACTIVE EMISSIONS FROM FEDERAL NUCLEAR FACILITY The State of Washington does not have the requisite authority, under federal law, to regulate radioactive emissions from a federal nuclear facility‑-except for air emissions, which may be monitored by the State Department of Ecology under the federal Clean Air Act amendments of 1977.
AGO 1963 No. 50 >  August 26, 1963
OFFICES AND OFFICERS - STATE - LEGISLATURE - EXTENSION OF TERMS OF MUNICIPAL OFFICES - ELIGIBILITY OF LEGISLATOR TO BE CANDIDATE
OFFICES AND OFFICERS ‑- STATE ‑- LEGISLATURE ‑- EXTENSION OF TERMS OF MUNICIPAL OFFICES ‑- ELIGIBILITY OF LEGISLATOR TO BE CANDIDATE Article II, § 13, of the state constitution does not bar a member of the 1963 legislature from being a candidate for election to a city office the term of which was extended by § 4, chapter 200, Laws of 1963, from three to four years.
AGO 1963 No. 56 >  September 12, 1963
OFFICES AND OFFICERS - STATE - BOARD OF PRISON TERMS AND PAROLES - PERSON ARMED WITH DEADLY WEAPON AT TIME OF COMMISSION OF CRIME - TERM OF CONFINEMENT - SPECIAL VERDICT - AUTHORITY OF BOARD TO MAKE INDEPENDENT INVESTIGATION
OFFICES AND OFFICERS ‑- STATE ‑- BOARD OF PRISON TERMS AND PAROLES ‑- PERSON ARMED WITH DEADLY WEAPON AT TIME OF COMMISSION OF CRIME ‑- TERM OF CONFINEMENT ‑- SPECIAL VERDICT ‑- AUTHORITY OF BOARD... (1) The "special verdict" contemplated by RCW 9.95.015 is the finding made by a jury and reported to the court that a person found guilty was "armed with a deadly weapon at the time of commission of the crime." (2) Same :  There is no requirement that the board of prison terms and paroles be furnished with a copy of a special verdict on a finding of the court, it being sufficient if the sentence and judgement contains the necessary information. (3) Same :  When a person is convicted of robbery and no finding of fact, or special verdict, is made pursuant to RCW 9.95.015, but there is evidence in the board's possession convincingly showing that such person was "armed with a deadly weapon at the time of the commission of the crime," the board must fix the minimum term of confinement of five years if such person has not been previously convicted of a felony. (4) Same :  If there is no evidence whatsoever that a person convicted of robbery was armed with a deadly weapon at the time of the commission of the crime, the board is not required to fix the minimum term prescribed by RCW 9.75.010.
AGO 1963 No. 57 >  October 18, 1963
OFFICES AND OFFICERS - STATE - BOARD OF PRISON TERMS AND PAROLES
AUTHORITY TO CHANGE DESIGNATION OF STATE PAROLE AND PROBATION OFFICERS TO PAROLE BOARD AGENTS The board of prison terms and paroles is without statutory authority to change the titles of parole and probation officers to parole board agents.
AGO 1963 No. 59 >  September 20, 1963
OFFICES AND OFFICERS - STATE - INSURANCE COMMISSIONER - CHANGE IN INSURANCE RATES - HEARING
OFFICES AND OFFICERS ‑- STATE ‑- INSURANCE COMMISSIONER ‑- CHANGE IN INSURANCE RATES ‑- HEARING The public notice and hearing provisions of chapter 42.32 RCW are not applicable when changes in insurance rates are filed with and reviewed by the insurance commissioner; however, any member of the public affected by an increase or a threatened increase in his insurance rates may demand a full hearing before the commissioner.
AGO 1964 No. 80 >  January 23, 1964
OFFICES AND OFFICERS - STATE - DEPARTMENT OF AGRICULTURE - CASH BUYER - LICENSE AND BONDING REQUIREMENTS
OFFICES AND OFFICERS ‑- STATE ‑- DEPARTMENT OF AGRICULTURE ‑- CASH BUYER ‑- LICENSE AND BONDING REQUIREMENTS A cash buyer (as well as a commission merchant and/or dealer) of livestock is required to post a $7,500 surety bond required by RCW 20.01.210 as a condition precedent to obtaining a license to engage in business under the provisions of chapter 20.01 RCW.
AGO 1964 No. 85 >  February 19, 1964
OFFICES AND OFFICERS - STATE - DEPARTMENT OF FISHERIES - TIDELANDS RESERVED TO STATE FOR RECREATIONAL AND FISHING PURPOSES - NO AUTHORITY TO GRANT PRIVATE USE
OFFICES AND OFFICERS ‑- STATE ‑- DEPARTMENT OF FISHERIES ‑- TIDELANDS RESERVED TO STATE FOR RECREATIONAL AND FISHING PURPOSES ‑- NO AUTHORITY TO GRANT PRIVATE USE The director of the department of fisheries does not have the authority to grant private uses of tidelands reserved by the state under RCW 79.16.175 to abutting upland owners.
AGO 1976 No. 22 >  December 14, 1976
OFFICES AND OFFICERS - STATE - REPORTS OF FINANCIAL INTEREST - REPORTING PERIOD
OFFICES AND OFFICERS ‑- STATE ‑- REPORTS OF FINANCIAL INTEREST ‑- REPORTING PERIOD (1) A person who, on January 1, 1977, is serving in one of the appointive positions covered by RCW 42.17.240, as amended by Referendum No. 36, will be required to file a financial disclosure report pursuant to that statute even though such person resigns from his office at sometime between that date and January 31, 1977.  (2) Such financial disclosure reports as are first required to be filed by persons holding appointive offices under RCW 42.17.240, as amended, during January, 1977, will not be required to include otherwise reportable transactions occurring before the effective date (December 2, 1976) of Referendum Bill No. 36.
AGO 1976 No. 23 >  December 29, 1976
OFFICES AND OFFICERS - STATE - COMMISSION FOR VOCATIONAL EDUCATION - DISTRICTS - SCHOOLS - ESTABLISHMENT OF SERVICE AREAS FOR VOCATIONAL - TECHNICAL INSTITUTES
OFFICES AND OFFICERS ‑- STATE ‑- COMMISSION FOR VOCATIONAL EDUCATION ‑- DISTRICTS ‑- SCHOOLS ‑- ESTABLISHMENT OF SERVICE AREAS FOR VOCATIONAL ‑- TECHNICAL INSTITUTES (1) In the absence of authorization by the commission for vocational education under chapter 174, Laws of 1975, 1st Ex. Sess. (chapter 28C.04 RCW), a school district which has a vocational-technical institute may not offer and conduct any of the vocational training programs of that institute at locations which are physically situated outside of the geographic boundaries of the school district.   (2) The commission for vocational education, in defining a "service area" for a common school vocational-technical institute in accordance with RCW 28C.04.020(6), may include therein certain geographic areas not physically situated within the boundaries of the school district involved and, by so doing, empower that district to establish, maintain and operate vocational training programs at locations outside of the district's boundaries but within the service area thus defined.   (3) The commission for vocational education, in establishing service areas for vocational-technical institutes under RCW 28C.04.020(6), is not required at the time of doing so to consider and apply the criteria specified in RCW 28C.04.040(2) for the adjudication of disputes between secondary and postsecondary education systems.
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 1978 No. 2 >  January 24, 1978
TAXATION - STATE - LEGISLATURE - REIMPOSITION OF TIMBER EXCISE TAX
TAXATION—STATE—LEGISLATURE—REIMPOSITION OF TIMBER EXCISE TAX Given that the timber excise tax imposed by RCW 82.04.291 will expire on December 31, 1978, under existing legislation, if the legislature were to reimpose the tax during its next (1979) regular session, effective January 1, 1979, such an enactment would be constitutionally valid; moreover, this would be so even if the rate of the tax as reimposed were to be different than the present rate; however, in order to strengthen the defensibility of any such legislation it is recommended that it be enacted into law and signed by the governor on or before March 1, 1979.
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 1977 No. 15 >  July 11, 1977
OFFICES AND OFFICERS - STATE - LEGISLATOR - COUNTY - ELECTIONS - NECESSITY OF ELECTION TO FILL VACANCY IN PARTISAN COUNTY OR LEGISLATIVE OFFICES
OFFICES AND OFFICERS ‑- STATE ‑- LEGISLATOR ‑- COUNTY ‑- ELECTIONS ‑- NECESSITY OF ELECTION TO FILL VACANCY IN PARTISAN COUNTY OR LEGISLATIVE OFFICES (1) If a vacancy occurs in a partisan county or legislative office prior to the state general election which is to be held on November 8, 1977, an election will then be required for the remainder of the unexpired term regardless of whether or not the vacancy is initially filled by appointment.  (2) If such a vacancy occurs on or before the last Friday in July of 1977, filings should be accepted pursuant to RCW 29.18.030 and the election should be conducted accordingly in the usual manner.  (3) If such a vacancy occurs after the last Friday in July of 1977, but on or before the first Friday in August, nominations and filings may be made by the political parties under RCW 29.18.150.  (4) If, however, the vacancy does not occur until after the first Friday in August, 1977, the only method for conducting the election will be on a write‑in basis since RCW 29.21.350-29.21.410 only pertain to elections for nonpartisan offices.
AGO 1985 No. 15 >  September 13, 1985
OFFICES AND OFFICERS - STATE - LEGISLATOR
APPOINTMENT OF FORMER COUNTY COMMISSIONER TO VACANCY IN MULTI-COUNTY LEGISLATIVE POSITION A former member of a board of county commissioners is eligible for appointment to a vacant Senate seat if the former commissioner has resigned prior to the appointment, the resignation is made without qualification and there is no pre‑arranged agreement that the former member will be appointed.
AGO 1985 No. 16 >  September 25, 1985
OFFICES AND OFFICERS - STATE - LEGISLATOR
APPOINTMENT TO FILL VACANCY IN MULTI-COUNTY LEGISLATIVE POSITION ‑- NUMBER OF VOTES TO BE CAST BY LEGISLATIVE BODY OF A HOME RULE COUNTY When a vacancy occurs in a joint legislative district located partly in a home rule county governed by a legislative body consisting of more than three members, and partly in a county governed by a three‑member board of county commissioners, each county is entitled to cast three votes in the appointment process.
AGO 1986 No. 4 >  February 10, 1986
OFFICES AND OFFICERS - STATE - TERM OF OFFICE
EFFECT OF LEGISLATIVE REDUCTION ON TERMS AND SALARIES OF STATE LIQUOR BOARD MEMBERS Legislative reduction of the terms of office of current members of the Washington State Liquor Control Board does not infringe upon a right of the members to a continuation of salary for the balance of the terms for which they were originally appointed.
AGO 1964 No. 119 >  September 8, 1964
OFFICES AND OFFICERS - STATE - INSURANCE COMMISSIONER - ORGANIZED INSURERS - SOLICITATION PERMITS - DURATION
OFFICES AND OFFICERS ‑- STATE ‑- INSURANCE COMMISSIONER ‑- ORGANIZED INSURERS ‑- SOLICITATION PERMITS ‑- DURATION The insurance commissioner has the authority in the exercise of his discretion to issue a solicitation permit for subsequent financing under RCW 48.06.180 for an initial effective period in excess of two years.
AGO 1964 No. 120 >  September 9, 1964
OFFICES AND OFFICERS - STATE - DEPARTMENT OF LABOR AND INDUSTRIES - ELECTRICIANS' LICENSE - CONTRACTING FIRM - EMPLOYEES - PRE‑EMPTION PREVENTS LICENSING BY CITIES AND TOWNS
OFFICES AND OFFICERS ‑- STATE ‑- DEPARTMENT OF LABOR AND INDUSTRIES ‑- ELECTRICIANS' LICENSE ‑- CONTRACTING FIRM ‑- EMPLOYEES ‑- PRE‑EMPTION PREVENTS LICENSING BY CITIES AND TOWNS The state acting through the department of labor and industries may not require each electrician-employee of an electrical contracting firm (which firm is licensed by the state under chapter 19.28 RCW) to obtain an individual state license.  The state license issued to the firm which entitles it to engage in business "in any and all places in the state of Washington" precludes a city or town from requiring a local license of the employees of such firm.
AGO 1986 No. 11 >  September 19, 1986
STATE - INSURANCE - MEDICAL BENEFITS
RESTRICTIONS ON MEDICAL COVERAGE BY STATE LICENSED HEALTH MAINTENANCE ORGANIZATIONS It is not a violation of RCW 41.05.025(2) for the State Employees' Insurance Board (SEIB) to provide employees covered by SEIB plans the option of coverage by a health maintenance organization (HMO) which restricts the availability of the services of licensed podiatrists, dentists, chiropractors, optometrists, osteopaths, physical therapists, psychologists, or registered nurses to those provided either directly through the HMO or upon referral by a primary care physician employed by the HMO.
AGO 1978 No. 3 >  January 26, 1978
OFFICES AND OFFICERS - STATE - LEGISLATOR - SALARIES - SALARIES PAYABLE TO PERSONS APPOINTED OR ELECTED TO SENATE VACANCIES
OFFICES AND OFFICERS ‑- STATE ‑- LEGISLATOR ‑- SALARIES ‑- SALARIES PAYABLE TO PERSONS APPOINTED OR ELECTED TO SENATE VACANCIES (1) A person who is either appointed or elected to an unexpired term to which the $3,800 per year salary provided for by chapter 149, Laws of 1974, 1st Ex. Sess., is applicable is constitutionally prohibited from being paid at the increased salary rate ($7,200 per annum) provided for by § 1, chapter 113, Laws of 1975-76, 2nd Ex. Sess. at any time during the remainder of the Senate term to which he or she is thus appointed or elected.  (2) A person who is either appointed or elected to a Senate vacancy to which the $7,200 per annum rate provided for in chapter 113, supra , is currently applicable is constitutionally prohibited from being paid at the further increased rate of $9,800 per annum, under § 1, chapter 318, Laws of 1977, 1st Ex. Sess. at any time during the remainder of such an unexpired term.  (3) Each of the foregoing conclusions is equally applicable in those instances in which the person so appointed or elected to a Senate vacancy is, at the time of the appointment or election, an incumbent member of the state House of Representatives.
AGO 1992 No. 3 >  February 28, 1992
STATE - LANDS - ENABLING ACT - TRUSTS - WASHINGTON TERRITORY - FEDERAL GRANTS
Applicability of trust requirement of article 16, section 1 of the Washington Constitution to land granted to Washington Territory 1.  The Enabling Act and article 16, section 1 of the Washington Constitution constitute a declaration of trust with regard to the property granted to the State by the United States in the Enabling Act.  The constitutional trust established in article 16, section 1 does not apply to land donated to the Washington Territory that was not confirmed or reconveyed to the State in the Enabling Act. 2.   The State's ability to use or transfer property acquired from the United States by grant is limited by any restrictions contained in the federal grant.  However, since title to the property rests with the State, it may use or transfer the property as it chooses, so long as the State's use or transfer conforms to the restrictions in the grant.  3.  Under RCW 79.01.006(2), federal restrictions on property, that limit its use to public recreational and other specific purposes, are binding conditions that conflict with other provisions of RCW 79.01.006.  Therefore, property subject to such restrictions is not included in the corpus of the educational, penal, and reformatory institution account pursuant to chapter 79.01 RCW.
AGO 1986 No. 14 >  December 17, 1986
OFFICES AND OFFICERS - STATE
BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS ‑‑ EMPLOYEES ASSIGNED TO SUPPORT BOARD FUNCTIONS ‑‑ SUPERVISION OF EMPLOYEES (1) The Board of Registration for Professional Engineers and Land Surveyors, not the Director of the Department of Licensing, has the authority to manage, direct, supervise, and discipline those employees assigned to support the Board's function.(2) The Director of the Department of Licensing does not have the authority to assign duties to these employees other than duties relating to the Board's functions.
AGO 1986 No. 15 >  December 30, 1986
STATE - CONFIDENTIALITY - SOCIAL AND HEALTH SERVICES - LONG-TERM CARE OMBUDSMAN
DISCLOSURE OF THE IDENTITY OF A COMPLAINANT (1) The long-term care ombudsman, under chapter 43.190 RCW, may not reveal the identity of a person who has filed a complaint with the Ombudsman without having first either obtained the written consent of such person or been ordered to do so by a court of competent jurisdiction. (2) The ombudsman may reveal the identity of a complainant to those persons within the Department of Social and Health Services having supervisory responsibility over the Office of Long-Term Care Ombudsman. (3) Files maintained by the long-term care ombudsman program may be disclosed to persons outside the office of the long-term care ombudsman if the disclosure is made in such a manner as not to reveal the identity of complainants or residents of long-term care facilities mentioned in such files.
AGO 2000 No. 5 >  July 5, 2000
STATE - EDUCATION - COLLEGES AND UNIVERSITIES - PUBLIC FUNDS
Authority of State Investment Board to invest funds in the advanced college tuition credit program in the stocks or other equities of private corporations It is consistent with the state constitution for the state investment board to use its statutory authority to purchase stocks and other corporate equities as part of its investment of funds in the advanced college tuition credit account.
AGO 1965 No. 15 >  March 25, 1965
OFFICES AND OFFICERS - STATE - MILITIA - ADJUTANT GENERAL - ASSISTANT ADJUTANTS GENERAL - COMPENSATION
OFFICES AND OFFICERS ‑- STATE ‑- MILITIA ‑- ADJUTANT GENERAL ‑- ASSISTANT ADJUTANTS GENERAL ‑- COMPENSATION The adjutant general and the two assistant adjutants general of the state of Washington while on active duty as such officers should each receive pay and allowances prescribed for his military rank by the current federal laws and regulations for an officer of his grade and years of service.
AGO 1965 No. 30 >  August 12, 1965
OFFICES AND OFFICERS - STATE - COLLEGES - BOARDS OF TRUSTEES - COMPENSATION - REIMBURSEMENT FOR EXPENSES
OFFICES AND OFFICERS ‑- STATE ‑- COLLEGES ‑- BOARDS OF TRUSTEES ‑- COMPENSATION ‑- REIMBURSEMENT FOR EXPENSES Members of the boards of trustees of the state colleges are entitled to reimbursement for expenses incurred in attending board meetings (RCW 43.03.050, RCW 43.03.060); however, the legislature has not authorized the board to establish in addition thereto, payment of compensation to board members for attendance at board meetings.
AGO 1965 No. 34 >  August 30, 1965
OFFICES AND OFFICERS - STATE - AGENCIES - HOSPITALIZATION AND MEDICAL AID CONTRACTS FOR EMPLOYEES - GEOGRAPHICAL INABILITY OF CARRIER TO SERVICE ALL EMPLOYEES - EMPLOYEE ORGANIZATION CONSIDERATION
OFFICES AND OFFICERS ‑- STATE ‑- AGENCIES ‑- HOSPITALIZATION AND MEDICAL AID CONTRACTS FOR EMPLOYEES ‑- GEOGRAPHICAL INABILITY OF CARRIER TO SERVICE ALL EMPLOYEES ‑- EMPLOYEE ORGANIZATION... (1) An agency cannot enter into a single contract for a hospitalization and medical aid plan that is not available to all its employees or all employees within constitutionally permissible categories because of the inability of the carrier to service all the employees of the agency where the agency executes only one contract.  However, an agency may contract for a hospitalization and medical aid plan which is not available to all of its employees or all employees within constitutionally permissible categories because of the inability geographically of the carrier to service all of the employees of the state agency, if the agency provides substantially equivalent hospitalization and medical aid contracts to all its employees or all employees within a certain category under another contract or contracts. (2) Same: An agency cannot enter into only one hospitalization and medical aid contract that is available to its employees or categories of employees only if the employees belong to a specific employee organization.  However, an agency may contract for a hospitalization and medical aid plan which is available to its employees or categories of employees but conditioned upon membership in a specific employee organization, if the agency at the same time provides substantially equivalent hospitalization and medical aid contracts to all its employees or all employees within a certain category under another contract or contracts.
AGO 1978 No. 16 >  May 10, 1978
OFFICES AND OFFICERS - STATE - URBAN ARTERIAL BOARD - FUNDS - HIGHWAYS - STREETS - ROADS
UTILIZATION OF URBAN ARTERIAL TRUST ACCOUNT MONEYS (1) The Urban Arterial Board (UAB) may allocate urban arterial trust account moneys for construction projects on city arterials which form a part of the state highway system, but only if such moneys are requested by a city and the project otherwise meets all requirements for urban arterial projects.   (2) The Urban Arterial Board is not permitted or required to allocate urban arterial trust account moneys for the construction of state highways outside of incorporated cities or towns.
AGO 1987 No. 7 >  March 5, 1987
STATE - HIGHER EDUCATION COORDINATING BOARD
DELEGATION OF AUTHORITY TO EXECUTIVE DIRECTOR The Higher Education Coordinating Board may not delegate to its executive director the authority to adopt rules. The Board may delegate authority to its executive director to administer the administrative or ministerial but not the discretionary functions described in the degree authorization act contained in chapter 28B.85 RCW.
AGO 1978 No. 27 >  October 25, 1978
OFFICES AND OFFICERS - STATE - WASHINGTON STATE LIQUOR CONTROL BOARD - CITIES AND TOWNS - ON-PREMISE SALE OF LIQUOR ONLY TO PERSONS CONSUMING FOOD
OFFICES AND OFFICERS ‑- STATE ‑- WASHINGTON STATE LIQUOR CONTROL BOARD ‑- CITIES AND TOWNS ‑- ON-PREMISE SALE OF LIQUOR ONLY TO PERSONS CONSUMING FOOD (1) The Washington State Liquor Control Board does not have the authority, under existing law, to restrict the on-premise sale of liquor by state licensees ". . . to customers who are seated at a table and also consuming food . . ." based upon a finding that a cocktail lounge or bar-type atmosphere would be compatible or disruptive to adjacent land uses.  (2) A city may not, in the exercise of its police power, impose conditions or restrictions upon restaurant liquor licensees limiting the service of liquor for on-premise consumption to seated customers consuming food because such an ordinance would conflict with certain provisions of the state liquor code.
AGO 1987 No. 10 >  March 20, 1987
STATE - AGENCY FLAT RATE OF RETURN - TRUST - COUNTY DEEDED FOREST LANDS
SETTLEMENT PROCEEDS FROM TIMBER SALE LITIGATION RCW 76.12.030 does not establish a separate trust for each county with reference to the lands deeded by each county to the DNR for state forest lands. RCW 76.12.030(1) does authorize the Board of Natural Resources to establish a flat rate of return to the forest development account of twenty-five percent of any moneys derived from DNR transfer land leases and resource sales. Settlement proceeds from timber sale litigation are properly distributed to the forest development account pursuant to RCW 76.12.030(12).
AGO 1965 No. 44 >  October 5, 1965
OFFICES AND OFFICERS - STATE - LEGISLATORS - LAWYERS - CODE OF ETHICS - REPORTING PERIOD - INCOME
OFFICES AND OFFICERS ‑- STATE ‑- LEGISLATORS ‑- LAWYERS ‑- CODE OF ETHICS ‑- REPORTING PERIOD ‑- INCOME (1) Under § 6, subsection (3), chapter 150, Laws of 1965, Ex. Sess. (Substitute Senate Bill No. 1) which requires a public official or candidate to report the names of persons, corporations, firms, partnerships or other business associations from whom he receives compensation exceeding a certain specified amount, a legislator who is an attorney engaged in the private practice of law is required to report the name of his firm but is not required to report the names of his individual clients since a lawyer is not an "employee" of a client in the ordinary attorney-client relationship. (2) The first report which must be filed by incumbent public officials subject to the provisions of § 6, chapter 150, Laws of 1965, Ex. Sess. (Substitute Senate Bill No. 1) will cover the period August 6, 1965, through December 31, 1965, since the new act must be construed prospectively.
AGO 1978 No. 28 >  October 26, 1978
EMPLOYEES - STATE - SALARY - PAYROLL DEDUCTIONS FOR VOLUNTARY POLITICAL CONTRIBUTIONS
EMPLOYEES ‑- STATE ‑- SALARY ‑- PAYROLL DEDUCTIONS FOR VOLUNTARY POLITICAL CONTRIBUTIONS (1) There is, at present, no state statutory authority whereby a state employee may cause portions of his or her salary or wages to be withheld, through a payroll deduction system, for the specified purpose of making voluntary political contributions to a labor union or other employee organization.   (2) Nothing contained in the Federal Elections Campaign Act of 1971, as amended, either authorizes or requires a state to provide for a system of payroll deductions in order to facilitate voluntary political contributions by state employees.
AGO 1965 No. 46 >  October 13, 1965
OFFICES AND OFFICERS - STATE - DEPARTMENT OF INSTITUTIONS - MENTAL RETARDATION FACILITIES AND COMMUNITY HEALTH CENTERS CONSTRUCTION ACT OF 1963 - DESIGNATION OF AGENCY TO CONDUCT PROGRAM
OFFICES AND OFFICERS ‑- STATE ‑- DEPARTMENT OF INSTITUTIONS ‑- MENTAL RETARDATION FACILITIES AND COMMUNITY HEALTH CENTERS CONSTRUCTION ACT OF 1963 ‑- DESIGNATION OF AGENCY TO CONDUCT PROGRAM 1. Chapter 75, Laws of 1965, authorizes the state of Washington to participate in the programs set forth in the "Mental Retardation Facilities and Community Mental Health Centers Construction Act of 1963." 2. The designation by the governor of the department of institutions "as the sole agency for administration of the state plan and as the mental health and mental retardation construction authority" is in conformity with chapter 75, Laws of 1965, and thereby vests the department of institutions with authority to conduct and perform on behalf of the state of Washington the programs set forth in the "Mental Retardation Facilities and Community Mental Health Centers Construction Act of 1963." 3. The governor has the authority under chapter 75, Laws of 1965, to direct the mental retardation and mental health advisory council to "advise the department of institutions directly on matters relating to mental health and mental retardation construction," in accordance with § 2684 (3), Title 42, U.S.C.A.
AGO 1987 No. 17 >  June 19, 1987
STATE - BOARD OF TAX APPEALS - EMPLOYEES - CIVIL SERVICE
AUTHORITY TO DETERMINE SALARIES, JOB DESCRIPTIONS AND QUALIFICATION FOR POSITIONS WITHIN THE BOARD OF TAX APPEALS The Board of Tax Appeals may appoint, discharge and fix the compensation of non-exempt employees listed in RCW 82.03.070 under the guidelines and requirements of chapter 41.06 RCW.
AGO 1987 No. 21 >  October 21, 1987
OFFICES AND OFFICERS - STATE - LEGISLATOR
NOMINATION OF COUNTY COMMISSIONER TO VACANCY IN MULTI-COUNTY LEGISLATIVE POSITION A member of a board of county commissioners (which county is within the joint legislative district) is not eligible to be nominated by a state central committee to fill a legislative vacancy from a joint legislative district.
AGO 1987 No. 24 >  November 23, 1987
STATE - TEMPORARY LOCATION - BRANCH OFFICES - PRINCIPAL OFFICES - LOCATION - STATE AGENCIES - BOUNDARIES
TEMPORARY LOCATION The seat of government is the city of Olympia as it existed in 1890.  All state executive offices must be located at the seat of government, i.e. , in, within, near, or in close proximity to the city of Olympia as it existed in 1890.   The agency head and core administrative functions must be located at the seat of government.  Branch offices may be located away from the seat of government.   An agency head and core administrative functions may be located other than at the seat of government on a temporary basis.
AGO 1965 No. 54 >  December 6, 1965
OFFICES AND OFFICERS - STATE - DIRECTOR OF GENERAL ADMINISTRATION - VOLUME PURCHASES OF INSURANCE AND FAITHFUL PERFORMANCE BONDS - DETERMINATION AND PLACEMENT - DELEGATION OF AUTHORITY
OFFICES AND OFFICERS ‑- STATE ‑- DIRECTOR OF GENERAL ADMINISTRATION ‑- VOLUME PURCHASES OF INSURANCE AND FAITHFUL PERFORMANCE BONDS ‑- DETERMINATION AND PLACEMENT ‑- DELEGATION OF AUTHORITY The administrative discretion vested in the director of general administration with respect to method to be used for satisfying the state's need for insurance and public official bonds under RCW 43.19.1935, may not be delegated to a private insurance agent, broker or association.
AGO 1987 No. 25 >  November 25, 1987
OFFICES AND OFFICERS - STATE PATROL - STATE
AUTHORITY OF STATE PATROL TO EXERCISE POWERS AND DUTIES OF COMMISSION ON EQUIPMENT The Washington State Patrol can exercise powers and duties of the Commission on Equipment set forth in chapters 247 and 311, Laws of 1987.
AGO 1987 No. 26 >  December 2, 1987
STATE - DUES - ATTORNEY STAFFMEMBERS - AGENCY
AUTHORITY OF STATE AGENCY TO PAY CERTAIN MEMBERSHIP DUES The Board of Industrial Insurance Appeals may not pay membership dues in the Washington State Bar Association for the Board's attorney staff members where membership in the Association is required by law as a prerequisite of employment.
AGO 1965 No. 56 >  December 14, 1965
OFFICES AND OFFICERS - STATE - DIRECTOR OF MOTOR VEHICLES - ESCROW AGENT REGISTRATION ACT - LOCAL REPRESENTATION OF ESCROW AGENTS
OFFICES AND OFFICERS ‑- STATE ‑- DIRECTOR OF MOTOR VEHICLES ‑- ESCROW AGENT REGISTRATION ACT ‑- LOCAL REPRESENTATION OF ESCROW AGENTS As defined herein, a local representative of an escrow agent, who has either registered under chapter 153, Laws of 1965, the escrow agent registration act, or who is exempted from the provisions thereof, is not required to register.
AGO 1965 No. 57 >  December 14, 1965
OFFICES AND OFFICERS - STATE - DIRECTOR OF MOTOR VEHICLES - ESCROW AGENT REGISTRATION ACT - EXEMPTION OF TITLE INSURANCE COMPANIES DOES NOT INCLUDE TITLE COMPANIES
OFFICES AND OFFICERS ‑- STATE ‑- DIRECTOR OF MOTOR VEHICLES ‑- ESCROW AGENT REGISTRATION ACT ‑- EXEMPTION OF TITLE INSURANCE COMPANIES DOES NOT INCLUDE TITLE COMPANIES Section 2, chapter 153, Laws of 1965, of the escrow agent registration act, exempts title insurance companies that engage in the escrow business from the provisions of the act but does not similarly exempt title companies.
AGO 1965 No. 58 >  December 14, 1965
OFFICES AND OFFICERS - STATE - DIRECTOR OF MOTOR VEHICLES - ESCROW AGENT REGISTRATION ACT - PRIMARY COMMERCIAL BLANKET BOND - COVERAGE FOR OFFICERS AND EMPLOYEES
OFFICES AND OFFICERS ‑- STATE ‑- DIRECTOR OF MOTOR VEHICLES ‑- ESCROW AGENT REGISTRATION ACT ‑- PRIMARY COMMERCIAL BLANKET BOND ‑- COVERAGE FOR OFFICERS AND EMPLOYEES Applicants for registration under the escrow agent registration act, chapter 153, Laws of 1965, who are individuals or partnerships not having any officers or employees are not required to obtain a "primary commercial blanket bond" since coverage under such bond only protects the employers from the acts of his employees and officers.
AGO 1965 No. 63 >  December 28, 1965
OFFICES AND OFFICERS - STATE - DEPARTMENT OF CONSERVATION - FLOOD CONTROL PROJECTS - PARTICIPATION WITH MUNICIPALITIES UNDER CHAPTER 86.26 RCW - PORT DISTRICTS EXCLUDED
OFFICES AND OFFICERS ‑- STATE ‑- DEPARTMENT OF CONSERVATION ‑- FLOOD CONTROL PROJECTS ‑- PARTICIPATION WITH MUNICIPALITIES UNDER CHAPTER 86.26 RCW ‑- PORT DISTRICTS EXCLUDED Under existing state law the director of the department of conservation is not authorized by chapter 86.26 RCW to participate with port districts in flood control projects.
AGO 1966 No. 66 >  January 10, 1966
OFFICES AND OFFICERS - STATE - COUNTY - ELIGIBILITY OF CANDIDATE - CONVICTION OF FELONY OR GROSS MISDEMEANOR - DISMISSAL OF PROCEEDINGS UNDER RCW 9.95.240
OFFICES AND OFFICERS ‑- STATE ‑- COUNTY ‑- ELIGIBILITY OF CANDIDATE ‑- CONVICTION OF FELONY OR GROSS MISDEMEANOR ‑- DISMISSAL OF PROCEEDINGS UNDER RCW 9.95.240 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."
AGO 1966 No. 69 >  January 18, 1966
OFFICES AND OFFICERS - STATE - CODE OF ETHICS - PUBLIC OFFICIAL - DIRECT FINANCIAL INTEREST - REGULATORY AGENCY - REPORT REQUIRED
OFFICES AND OFFICERS ‑- STATE ‑- CODE OF ETHICS ‑- PUBLIC OFFICIAL ‑- DIRECT FINANCIAL INTEREST ‑- REGULATORY AGENCY ‑- REPORT REQUIRED (1) Under § 6 of the 1965 Public Officials' Code of Ethics Act (chapter 150, Laws of 1965, Ex. Sess.), which requires "public officials" to make regular periodic written disclosures of certain financial interests and activities, the term "public official" includes (a) all state officers expressly mentioned in § 2 of the act, (b) all other state officials, and (c) state employees who are engaged in supervisory, policy making or policy enforcing work.  The term includes, but is not limited to, appointive executive department or service agency heads, directors, assistant directors, executive secretaries, and managers; appointive members of state boards or commissions; assistant attorneys general; supervisory employees of the supreme court; and supervisory or policy making or enforcing deputies or assistants to elective officials.  Any state employee believing his position is by reason of its function thus included who has any reportable financial interest or activity should file a report unless he has received reliable legal advice to the contrary.
AGO 1966 No. 71 >  January 26, 1966
OFFICES AND OFFICERS - STATE - DIRECTOR OF CONSERVATION - ANNUAL POWER LICENSE FEE - PARTIAL REFUND
OFFICES AND OFFICERS ‑- STATE ‑- DIRECTOR OF CONSERVATION ‑- ANNUAL POWER LICENSE FEE ‑- PARTIAL REFUND The director of conservation is not authorized to refund to a "claimant" a portion of the annual "power" license fee for the calendar year 1965, which is required to be paid by the claimant under RCW 90.16.050, when the hydroelectric project to which the fee related is made inoperable during the calendar year 1965, by an "Act of God."
AGO 1966 No. 74 >  March 1, 1966
CIVIL SERVICE - STATE - PERSONNEL BOARD - CLASSIFIED POSITIONS - SALARY SCHEDULE - COMPARABLE POSITIONS IN PRIVATE INDUSTRY AND OTHER GOVERNMENTAL UNITS
CIVIL SERVICE ‑- STATE ‑- PERSONNEL BOARD ‑- CLASSIFIED POSITIONS ‑- SALARY SCHEDULE ‑- COMPARABLE POSITIONS IN PRIVATE INDUSTRY AND OTHER GOVERNMENTAL UNITS The state personnel board is required to make a biennial survey of classified positions for the purpose of determining the prevailing rates of pay in (1) Washington state private industries, and (2) other governmental units (within the state of Washington, other states and the federal government) for positions of a similar nature.  The board's survey is not limited to any one particular form of private industry or any one particular governmental unit.
AGO 1966 No. 95 >  July 20, 1966
OFFICES AND OFFICERS - STATE - LEGISLATURE - ELECTIONS - DECLARATION OF CANDIDACY - FILING BY POSITION NUMBERS - WITHDRAWAL OF FIRST DECLARATION AS CONDITION PRECEDENT TO FILING SECOND DECLARATION
OFFICES AND OFFICERS ‑- STATE ‑- LEGISLATURE ‑- ELECTIONS ‑- DECLARATION OF CANDIDACY ‑- FILING BY POSITION NUMBERS ‑- WITHDRAWAL OF FIRST DECLARATION AS CONDITION PRECEDENT TO FILING SECOND DECLARATI A person who has filed a declaration of candidacy for state legislative office designated pursuant to RCW 29.18.015 may not file a second declaration of candidacy for another legislative position from the same legislative district without first withdrawing his initial declaration of candidacy as provided for in RCW 29.18.030.
AGO 1966 No. 103 >  August 18, 1966
OFFICES AND OFFICERS - STATE - LIQUOR CONTROL BOARD - AUTHORITY TO ADOPT ADMINISTRATIVE REGULATIONS - GUIDELINES
OFFICES AND OFFICERS ‑- STATE ‑- LIQUOR CONTROL BOARD ‑- AUTHORITY TO ADOPT ADMINISTRATIVE REGULATIONS ‑- GUIDELINES (1) The state liquor control board as an administrative agency created by the legislature may exercise only such power as is conferred upon it by the legislature.  (Opinion p. 4.) (2) The authority of the liquor control board to adopt administrative rules and regulations which has been expressly granted by the legislature is limited to carrying out the provisions of the liquor act.  (Opinion pp. 5-9.) (3) There are four general guidelines which have been established by the courts (Opinion pp. 8-9) against which the validity of any proposed rule or regulation of an administrative agency should be tested.
AGO 1966 No. 111 >  October 10, 1966
OFFICES AND OFFICERS - STATE - COMMISSIONER OF PUBLIC LANDS - FRANCHISES - HIGHWAYS - COUNTIES - NECESSITY FOR ADDITIONAL COMPENSATION WHERE RIGHT OF WAY GRANTEE OF PUBLIC LANDS GRANTS SECONDARY FRANCHISE USE
OFFICES AND OFFICERS ‑- STATE ‑- COMMISSIONER OF PUBLIC LANDS ‑- FRANCHISES ‑- HIGHWAYS ‑- COUNTIES ‑- NECESSITY FOR ADDITIONAL COMPENSATION WHERE RIGHT OF WAY GRANTEE OF PUBLIC LANDS GRANTS... Where the commissioner of public lands, pursuant to RCW 79.01.340, has granted a right of way across public lands to the state highway department, or to a board of county commissioners, for the establishment and construction of a road or street, and has received legally required compensation therefor, the right of way grantee may, in turn, grant a franchise to a public utility for power lines, telephone and telegraph lines, gas lines, water mains, or sewer lines without the payment of additional compensation to the commissioner.
AGO 1967 No. 10 >  March 21, 1967
OFFICES AND OFFICERS - STATE - BUDGET DIRECTOR
AUTHORITY TO APPROVE OR DISAPPROVE ON A PIECE MEAL BASIS REVISION OF SALARY SCHEDULE OF CIVIL SERVICE EMPLOYEES BY PERSONNEL BOARD When the state personnel board makes a revision of the salary schedule for classified employees under the state civil service system, which revision effects changes in the salaries attached to several classes of positions, the budget director does not have the authority to approve or disapprove, on a piece meal basis, specific items in such revised salary schedule.
AGO 1989 No. 14 >  July 20, 1989
STATE - AUTHORITY TO INVEST PROCEEDS FROM SALE OR USE OF TRUST LANDS - STATE TRUST MONEYS - TRUSTS - COMMISSIONER OF PUBLIC LANDS - STATE INVESTMENT BOARD - STATE TREASURER
STATE ‑- STATE TREASURER ‑- STATE INVESTMENT BOARD ‑- COMMISSIONER OF PUBLIC LANDS ‑- TRUSTS ‑- STATE TRUST MONEYS ‑- AUTHORITY TO INVEST PROCEEDS FROM SALE OR USE OF TRUST LANDS 1.The State Treasurer may invest funds contained in the natural resources deposit fund established pursuant to RCW 43.85.130(1)(c), except for funds derived from the sale or disposition of public lands.2.The State Investment Board may invest funds contained in the natural resources deposit fund and derived from the sale or disposition of public lands, and held in a temporary depository, pursuant to RCW 43.33A.010.3.The State Treasurer may, pursuant to RCW 43.84.080, invest funds in the resource management cost account (RCW 79.64.020).4.The State Treasurer may, pursuant to RCW 43.84.090, deduct twenty percent of all income received from the investment of the surplus contained in the natural resources deposit fund and the resource management cost account, except for income from the investment of trust moneys; this income must be apportioned to the appropriate funds pursuant to RCW 79.64.055.5.RCW 43.84.090 does not authorize the State Treasurer to deduct any portion of income received from the investment of trust funds which obtain their revenue from the management of trust lands; the Legislature could authorize such a deduction to the extent consistent with general trust principles. 
AGO 1967 No. 39 >  November 9, 1967
OFFICES AND OFFICERS - STATE - POLLUTION CONTROL COMMISSION - ADOPTION OF WATER QUALITY STANDARDS FOR INTERSTATE WATERS WITHIN STATE - ENFORCEMENT
OFFICES AND OFFICERS - STATE - POLLUTION CONTROL COMMISSION - ADOPTION OF WATER QUALITY STANDARDS FOR INTERSTATE WATERS WITHIN STATE - ENFORCEMENT The water pollution control commission is authorized, under state law, both to adopt water quality standards for interstate waters within the state of Washington and to enforce those standards
AGO 1968 No. 8 >  February 19, 1968
OFFICES AND OFFICERS - STATE - DEPARTMENT OF WATER RESOURCES - CITIES AND TOWNS - WATER - APPROPRIATION OF PUBLIC WATERS FOR NONCONSUMPTIVE MUNICIPAL USE
OFFICES AND OFFICERS - STATE - DEPARTMENT OF WATER RESOURCES - CITIES AND TOWNS - WATER - APPROPRIATION OF PUBLIC WATERS FOR NONCONSUMPTIVE MUNICIPAL USE Where the public waters of a stream are "fully appropriated," a city may nevertheless acquire a permit from the department of water resources pursuant to the provisions of RCW 90.03.290 to appropriate and apply to a "nonconsumptive municipal use" a portion of said waters where (1) the proposed "nonconsumptive municipal use" would not impair existing rights or be detrimental to the public welfare, and (2) there are, in fact, waters in the stream which are available for appropriation for a beneficial use within the meaning of RCW 90.03.290.
AGO 1968 No. 28 >  August 29, 1968
OFFICES AND OFFICERS - STATE - UTILITIES AND TRANSPORTATION COMMISSION - USE OF UNIFORM TRAFFIC TICKET AND COMPLAINT
OFFICES AND OFFICERS - STATE - UTILITIES AND TRANSPORTATION COMMISSION - USE OF UNIFORM TRAFFIC TICKET AND COMPLAINT The Traffic Rules for Courts of Limited Jurisdiction, as promulgated by the Washington Supreme Court, do not apply to violations of the provisions of chapter 81.80 RCW, relating to motor freight carriers, so as to require the use of a Uniform Traffic Ticket and Complaint by the Washington Utilities and Transportation Commission in proceedings against violators of this chapter.  Instead, such violations are governed by the Criminal Rules for Courts of Limited Jurisdiction, as amended, which provide for the use of a similar uniform ticket (citation and notice to appear) only if it is to serve as the complaint in the criminal prosecution.
AGO 1993 No. 8 >  April 27, 1993
STATE - CITIES AND TOWNS - COUNTIES - TREASURER - FUNDS - INVESTMENTS - PUBLIC FUNDS
Ability of state and local governments to invest in commercial paper 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 1969 No. 4 >  February 18, 1969
OFFICES AND OFFICERS - STATE - POLLUTION CONTROL COMMISSION - ADOPTION OF WATER QUALITY STANDARDS FOR WATERS OF THE STATE
OFFICES AND OFFICERS - STATE - POLLUTION CONTROL COMMISSION - ADOPTION OF WATER QUALITY STANDARDS FOR WATERS OF THE STATE. (1) The water pollution control commission has the authority to establish water quality standards for waters of the state under RCW 90.48.035, including waters found in canals, drains, wasteways and reservoirs of irrigation and drainage systems located within the state.  (2) Persons who propose to discharge wastes of industrial and commercial operations into canals, drains, wasteways or reservoirs or irrigation and drainage systems are required by RCW 90.48.160 to obtain a waste discharge permit prior to such a discharge.
AGO 1996 No. 11 >  August 1, 1996
STATE - LANDS - FOREST LAND - LEGISLATURE - BOARD OF NATURAL RESOURCES - LANDS - COMMISSIONER OF PUBLIC LANDS
State's trust responsibilities with respect to lands granted by the United States or placed in trust through state legislation 1. The Enabling Act facilitating the admission of Washington into the union (25 Stat. 676) is a limitation on state legislative authority and requires that federal grant lands be held in trust; exercises of legislative authority over federal grant lands will be tested by fiduciary principles. 2.  Common law trust principles are instructive with respect to the administration of federal trust lands by the State, but the Legislature's management decisions are accorded a deference not granted a private trustee because of the presumption of constitutionality that applies to exercises of state legislative authority. 3.  Federal and state laws of general application (such as the Endangered Species Act) apply to federal grant lands administered by the State. 4.  The State's duties as trustee of federal grant lands run separately to each trust; joint administration is permissible where it serves the interests of each trust, so long as each trust is separately accounted for. 5.  The State must separately account for each federal land grant trust, and maintain separate funds or accounts to that end. 6.  The Legislature may lawfully delegate to the Department of Natural Resources and the Commissioner of Public Lands a role in administering forest lands within the State, including federal grant lands, while simultaneously authorizing the same agency and officer to play a role in regulating such lands. 7.  In its administration of federal trust lands, the Department of Natural Resources is not subject to chapters 11.98, 11.100, 11.106 or 11.110 RCW. 8.  The Department of Natural Resources has the authority to satisfy the requirements of the Endangered Species Act by entering into a long-term management plan, so long as the plan does not violate the Department's common law or statutory duties regarding the federal grant land trusts. 9.  The exercise of discretion by the Department of Natural Resources with respect to administration of federal grant lands will be tested against an abuse of discretion standard; as against a trust beneficiary, principles regarding a trustee's exercise of discretion would apply, while as against a non-beneficiary, principles of administrative law would apply. 
AGO 1969 No. 8 >  March 10, 1969
OFFICES AND OFFICERS - STATE - INSTITUTIONS - TEMPORARY DETENTION OF COUNTY JAIL PRISONERS
OFFICES AND OFFICERS - STATE - INSTITUTIONS - TEMPORARY DETENTION OF COUNTY JAIL PRISONERS The department of institutions presently has no authority, under the provisions of chapter 239, Laws of 1967 (chapter 39.34 RCW), or any other statute, to enter into a contract with a county for the temporary detention of county jail prisoners in any existing state correctional institution for convicted felons.
AGO 1997 No. 5 >  October 6, 1997
STATE - COUNTIES - CITIES AND TOWNS - MUNICIPAL CORPORATIONS - PUBLIC FUNDS - RELATIONSHIP OF INTERGOVERNMENTAL DISPOSITION OF PROPERTY ACT TO RCW 43.09.210
STATE - COUNTIES - CITIES AND TOWNS- MUNICIPAL CORPORATIONS - PUBLIC FUNDS - Relationship of Intergovernmental Disposition of Property Act to RCW 43.09.210 1.When one government disposes of property to another government pursuant to chapter 39.33 RCW, RCW 43.09.210 requires that the transferring government receive "full value" for the transfer; "full value" has a flexible meaning depending on the circumstances of the transfer.2.RCW 39.33.020, which requires public notice and a hearing before a government disposes of property having a value of more than $50,000, applies only to intergovernmental transfers of property made pursuant to chapter 39.33 RCW.
AGO 1959 No. 2 >  January 19, 1959
OFFICES AND OFFICERS - STATE - LEGISLATURE - AUTHORITY TO USE PRINCIPAL ASSETS OF CERTAIN FUNDS FOR CAPITAL OUTLAY OR CURRENT OPERATIONS
OFFICES AND OFFICERS ‑- STATE ‑- LEGISLATURE ‑- AUTHORITY TO USE PRINCIPAL ASSETS OF CERTAIN FUNDS FOR CAPITAL OUTLAY OR CURRENT OPERATIONS The legislature may not provide for the use of the principal assets of the permanent common school fund, scientific school permanent fund, university permanent fund, normal school permanent fund, agriculture college permanent fund, Millersylvania Park fund and C. E. P. & R. I. fund for capital outlay or current operations.
AGO 1959 No. 6 >  February 3, 1959
OFFICES AND OFFICERS - STATE - ATTORNEY GENERAL
OFFICES AND OFFICERS ‑- STATE ‑- ATTORNEY GENERAL ‑- AUTHORITY TO APPOINT SPECIAL ASSISTANT TO ASSIST PROSECUTING ATTORNEY BEFORE GRAND JURY (1)  Prosecuting attorney is not legally authorized to appoint a special deputy who is a nonresident of the county to assist him either before a grand jury or in trying a criminal case. (2)  The attorney general is not legally authorized to appoint a special assistant attorney general to assist a prosecuting attorney in proceedings before a grand jury.
AGO 1959 No. 10 >  February 13, 1959
OFFICES AND OFFICERS - STATE - HIGHWAY COMMISSION - AUTHORITY TO REGULATE THE ERECTION OR LOCATION OF DRIVE‑IN MOVIE SCREENS ALONG STATE HIGHWAYS
OFFICES AND OFFICERS ‑- STATE ‑- HIGHWAY COMMISSION ‑- AUTHORITY TO REGULATE THE ERECTION OR LOCATION OF DRIVE‑IN MOVIE SCREENS ALONG STATE HIGHWAYS The state highway commission does not have the statutory authority to regulate the erection or location of drive‑in theaters along state highways unless such structures constitute a nuisance under RCW 47.32.130 or 47.36.180.
AGO 1958 No. 211 >  July 22, 1958
OFFICES AND OFFICERS - STATE - LIQUOR CONTROL BOARD - AUTHORITY TO ESTABLISH LIQUOR VENDORS - AUTHORITY OF BOARD TO LEASE AND SUBLEASE PROPERTY TO LIQUOR VENDORS - AUTHORITY OF LIQUOR BOARD TO PERMIT LIQUOR VENDORS TO PERMIT LIQUOR STORES OPERATED BY LIQUOR VENDORS TO REMAIN OPEN AFTER CLOSING HOURS OF STATE LIQUOR STORES
OFFICES AND OFFICERS (STATE) LIQUOR CONTROL BOARD (1) AUTHORITY TO ESTABLISH LIQUOR VENDORS; (2) AUTHORITY OF BOARD TO LEASE AND SUBLEASE PROPERTY TO LIQUOR VENDORS; (3) AUTHORITY OF LIQUOR BOARD... (1) State liquor control board may not establish liquor vendors in incorporated cities and towns where a state liquor store exists.   (2) The liquor board may lease property and then sublease it to such liquor vendors.  (3) The board may permit such stores to remain open after regular closing hours of state liquor stores.
AGO 1959 No. 32 >  April 28, 1959
OFFICES AND OFFICERS - STATE - EXPENSES - EFFECT OF 1959 INCREASE OF PER DIEM ALLOWANCE OF STATE OFFICIALS AND EMPLOYEES ON $25.00 PER DIEM ALLOWANCE FOR OFFICIALS OF DEPARTMENT OF COMMERCE AND ECONOMIC DEVELOPMENT
OFFICES AND OFFICERS - STATE - EXPENSES - EFFECT OF 1959 INCREASE OF PER DIEM ALLOWANCE OF STATE OFFICIALS AND EMPLOYEES ON $25.00 PER DIEM ALLOWANCE FOR OFFICIALS OF DEPARTMENT OF COMMERCE AND... The 1959 statutory increase in the per diem allowance for state officials and employees does not affect the 1957 statute allowing reimbursement of expenses of not to exceed $25.00 to the director and supervisors of the department of commerce and economic development.  
AGO 1959 No. 33 >  April 29, 1959
OFFICES AND OFFICERS - STATE - STATE PATROL - PROMOTIONAL EXAMINATIONS FOR STATE PATROL
OFFICES AND OFFICERS - STATE - STATE PATROL - PROMOTIONAL EXAMINATIONS FOR STATE PATROL The chief of the Washington state patrol may establish separate promotional examinations based on reasonable job classifications under the provisions of RCW 43.43.330 requiring appropriate examinations for promotion of commissioned officers of the state patrol, subject to the limitation that there be only one eligible list.
AGO 1959 No. 42 >  June 4, 1959
OFFICES AND OFFICERS - STATE - DEPARTMENT OF GAME - ISSUANCE OF FREE HUNTING AND FISHING LICENSES TO DISABLED VETERANS
OFFICES AND OFFICERS - STATE - DEPARTMENT OF GAME - ISSUANCE OF FREE HUNTING AND FISHING LICENSES TO DISABLED VETERANS Section 2, chapter 245, Laws of 1959, which removed the requirement that a disability be service connected in order to entitle a veteran to a free hunting and fishing license does not change the measure of disability.
AGO 1959 No. 45 >  June 8, 1959
OFFICES AND OFFICERS - STATE - DEPARTMENT OF HEALTH - ISSUANCE OF NEW CERTIFICATE OF BIRTH PURSUANT TO A DECREE OF ADOPTION AS A MINISTERIAL FUNCTION
OFFICES AND OFFICERS - STATE - DEPARTMENT OF HEALTH - ISSUANCE OF NEW CERTIFICATE OF BIRTH PURSUANT TO A DECREE OF ADOPTION AS A MINISTERIAL FUNCTION The Department of Health, through the State Registrar of Vital Statistics, is required to issue a birth certificate pursuant to an adoption decree of the superior court which directs the inclusion of other than the actual birthplace and/or date of birth on a birth certificate to be issued following adoption.
AGO 1959 No. 52 >  July 20, 1959
OFFICES AND OFFICERS - STATE - DEPARTMENT OF LABOR AND INDUSTRIES - AUTHORITY TO PROVIDE OR REPLACE ARTIFICIAL SUBSTITUTES OR MECHANICAL APPLIANCES, CONSTRUING RCW 51.36.020
OFFICES AND OFFICERS - STATE - DEPARTMENT OF LABOR AND INDUSTRIES - AUTHORITY TO PROVIDE OR REPLACE ARTIFICIAL SUBSTITUTES OR MECHANICAL APPLIANCES, CONSTRUING RCW 51.36.020 (1) Under RCW 51.36.020, and for injuries occurring before June 1951, the department may not repair or replace artificial substitutes or mechanical appliances where the replacement is required because of gain or loss of body weight or due to wear and tear, but either may be replaced where there has been aggravation of the injury requiring additional treatment and as a result thereof the old substitute or appliance is no longer adequate or serviceable.  (2) The term "artificial substitute" as used in RCW 51.36.020 includes artificial eyes, but does not include dentures.  (3) The term "mechanical appliance" as used in RCW 51.36.020 does not include artificial eyes or dentures.  (4) In cases of injuries prior to June 1951, artificial eyes may not be repaired or replaced when worn to the extent of being unserviceable; but may be repaired or replaced in case of injuries occurring subsequent to June 1951.
AGO 1959 No. 56 >  July 27, 1959
OFFICES AND OFFICERS - STATE - WASHINGTON TOLL BRIDGE AUTHORITY - VACATION LEAVE FOR PART TIME EMPLOYEES
OFFICES AND OFFICERS - STATE - WASHINGTON TOLL BRIDGE AUTHORITY - VACATION LEAVE FOR PART TIME EMPLOYEES The Washington Toll Bridge Authority may not legally allow full vacation leave to part-time employees of the Washington State Ferries with whom the Authority has executed labor agreements.  Those part-time employees whose vacation leave was not provided for by labor agreement are entitled by RCW 43.01.040 to vacation leave on a pro rata hourly basis.
AGO 1959 No. 63 >  August 27, 1959
OFFICES AND OFFICERS - STATE - PUBLIC SERVICE COMMISSION - DETERMINATION OF MOTOR FREIGHT TARIFF
OFFICES AND OFFICERS - STATE - PUBLIC SERVICE COMMISSION - DETERMINATION OF MOTOR FREIGHT TARIFF (1)  The Washington Public Service Commission would not lose its jurisdiction to regulate common carriage by dump truck, if it published its tariff to erroneously designate the tariff rate for such transportation as "wages" and "rental."(2)  The Washington Public Service Commission is without legal authority to publish a tariff which does not constitute a statement of fair, just and reasonable rates for a described transportation service.
AGO 1959 No. 64 >  September 8, 1959
OFFICES AND OFFICERS - STATE - WHEAT COMMISSION - LIABILITY OF STATE FOR ASSESSMENT FOR WHEAT GROWN ON PUBLIC AND SCHOOL LANDS
OFFICES AND OFFICERS - STATE - WHEAT COMMISSION - LIABILITY OF STATE FOR ASSESSMENT FOR WHEAT GROWN ON PUBLIC AND SCHOOL LANDS The State of Washington is not subject to the assessment provided for by the Washington Agricultural Enabling Act and Marketing Order for wheat grown on public and school lands leased to farmers on a share crop basis.
AGO 1959 No. 68 >  September 21, 1959
OFFICES AND OFFICERS - STATE - DEPARTMENT OF PUBLIC ASSISTANCE - AUTHORITY TO PLACE CHILDREN FOR ADOPTION OR TO ACCEPT CUSTODY OF DEPENDENT OR DELINQUENT CHILDREN
OFFICES AND OFFICERS - STATE - DEPARTMENT OF PUBLIC ASSISTANCE - AUTHORITY TO PLACE CHILDREN FOR ADOPTION OR TO ACCEPT CUSTODY OF DEPENDENT OR DELINQUENT CHILDREN The Department of Public Assistance has no authority to place children for adoption but it has authority to accept the custody of dependent children as that term is defined in chapter 74.12 RCW.
AGO 1960 No. 99 >  January 29, 1960
OFFICES AND OFFICERS - STATE - HIGHWAY DEPARTMENT - PAYMENT OF ACCRUED VACATION LEAVE TO EMPLOYEES
OFFICES AND OFFICERS - STATE - HIGHWAY DEPARTMENT - PAYMENT OF ACCRUED VACATION LEAVE TO EMPLOYEES The department of highways is required to pay accrued vacation leave to employees whose employment has been terminated but may not pay such leave to those who, at the notice of termination, transferred to another agency or another position within the department without such interruption in their employment as would indicate termination of their contract with the state government.  Such employees are entitled only to credit for such accrued vacation leave.  The department may prescribe rules and regulations covering accrued annual leave for those employees who transferred to another position within the department.
AGO 1957 No. 5 >  January 18, 1957
CIVIL DEFENSE - LIABILITY OF STATE - STATE - LIABILITY FOR CIVIL DEFENSE ACTIVITIES
CIVIL DEFENSE ‑- LIABILITY OF STATE -- STATE ‑- LIABILITY FOR CIVIL DEFENSE ACTIVITIES The state is liable under RCW 38.52.180 for the following: (1) Damages to private housing facilities or property, engaged by duly authorized representatives of the state civil defense agency resulting from the negligence or fault of refugees; (2) Injuries to persons or property caused by negligence of a civil defense worker engaged in civil defense activities; (3) Injuries to volunteers commandeered into service after proclamation by the governor of the existence of a disaster.
AGO 1957 No. 145 >  December 23, 1957
HIGHWAYS - HEARINGS ON LIMITED ACCESS BY STATE HIGHWAY COMMISSION - STATE - HIGHWAY COMMISSION - NECESSITY OF HEARINGS TO CHANGE ACCESS CONTROL
HIGHWAYS ‑- HEARINGS ON LIMITED ACCESS BY STATE HIGHWAY COMMISSION.STATE ‑- HIGHWAY COMMISSION ‑- NECESSITY OF HEARINGS TO CHANGE ACCESS CONTROL After a highway has become an established limited access facility it is not necessary for the state highway commission to hold a hearing before it can change or modify the plan of access control in a manner that will either provide more restrictive or more liberal access to said highway.
AGO 1957 No. 107 >  August 5, 1957
CITIES AND TOWNS - ANNEXATION OF UNPLATTED LAND - PARKS - STATE - RIGHT OF FOURTH CLASS TOWN TO ANNEX
CITIES AND TOWNS ‑‑ ANNEXATION OF UNPLATTED LAND -- PARKS ‑‑ STATE ‑‑ RIGHT OF FOURTH CLASS TOWN TO ANNEX A town of the fourth class may not annex unplatted property of more than twenty acres without the consent of the owner; and this applies to state‑owned land, as well as to land privately owned.
AGO 1960 No. 127 >  June 24, 1960
OFFICES AND OFFICERS - STATE - FISHERIES - AUTHORITY OF DIRECTOR TO CLOSE AN AREA TO COMMERCIAL FISHING IN ORDER TO ESTABLISH AN AREA FOR SPORTS FISHING
OFFICES AND OFFICERS - STATE - FISHERIES - AUTHORITY OF DIRECTOR TO CLOSE AN AREA TO COMMERCIAL FISHING IN ORDER TO ESTABLISH AN AREA FOR SPORTS FISHING The director of fisheries is not legally authorized to close an area to commercial fishing for the sole purpose of establishing an area for sports fishing.
AGO 1960 No. 139 >  August 31, 1960
OFFICES AND OFFICERS - STATE - HIGHWAY COMMISSION MEMBER INCOMPATIBLE WITH COUNTY COMMISSIONER
OFFICES AND OFFICERS - STATE - HIGHWAY COMMISSION MEMBER INCOMPATIBLE WITH COUNTY COMMISSIONER The offices of county commissioner and member of the Washington state highway commission are incompatible.
AGO 1960 No. 142 >  September 19, 1960
OFFICES AND OFFICERS - STATE - TOLL BRIDGE AUTHORITY - FERRIES - CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR PASSENGER SERVICE BY VESSEL WITHIN 10 MILES OF EXISTING FERRY SERVICE
OFFICES AND OFFICERS - STATE - TOLL BRIDGE AUTHORITY - FERRIES - CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR PASSENGER SERVICE BY VESSEL WITHIN 10 MILES OF EXISTING FERRY SERVICE A certificate of public convenience and necessity may legally be granted to furnish passenger service by vessel only if such service is either not over any waters within ten miles of an existing Washington state ferry crossing or does not constitute ferry service.
AGO 1960 No. 151 >  October 10, 1960
OFFICES AND OFFICERS - STATE - AERONAUTICS COMMISSION - APPROPRIATION TO CONSTRUCT TWO EMERGENCY LANDING FIELDS
OFFICES AND OFFICERS - STATE - AERONAUTICS COMMISSION - APPROPRIATION TO CONSTRUCT TWO EMERGENCY LANDING FIELDS 1.  Funds appropriated by chapter 13, Laws of 1959, Ex. Sess., for use by the Washington state aeronautics commission to construct two emergency landing fields may not be used for the purchase of as many existing private air strips as the money will allow. 2.  The funds in question may be used for the purchase of two existing privately-owned air strips.
AGO 1960 No. 162 >  November 30, 1960
OFFICES AND OFFICERS - STATE - DIRECTOR OF AERONAUTICS - PURCHASE OF PROPERTY THROUGH THE DIVISION OF PURCHASING
OFFICES AND OFFICERS - STATE - DIRECTOR OF AERONAUTICS - PURCHASE OF PROPERTY THROUGH THE DIVISION OF PURCHASING (1)  The director of aeronautics is required to make all purchases or leases of real or personal property through the division of purchasing, department of general administration except those financed wholly or in part with federal monies.(2)  The supervisor of purchasing, department of general administration, upon the request of the director of aeronautics may authorize the director and the state aeronautics commission to enter contracts in their own names for the purchase or lease of real or personal property where the authorization specifies restrictions as to the dollar amount or specific types of material, equipment and supplies.
AGO 1960 No. 166 >  December 16, 1960
OFFICES AND OFFICERS - STATE - DEPARTMENT OF PUBLIC ASSISTANCE - EXEMPTION OF $85.00 EARNED INCOME IN AID TO THE BLIND
OFFICES AND OFFICERS - STATE - DEPARTMENT OF PUBLIC ASSISTANCE - EXEMPTION OF $85.00 EARNED INCOME IN AID TO THE BLIND (1)  Without an amendment to existing state law, the department of public assistance is not authorized to increase the exemption of the first fifty dollars to the first eighty-five dollars of earned income in aid to the blind assistance which is now embodied in the Federal Social Security Amendments of 1960.(2)  The state law must be amended by July 1, 1962, to embody the increased exemption to eighty-five dollars which was provided in the 1960 amendment to the Federal Social Security Act. However, the legislature, if it so desires, may enact legislation to become effective at any time prior to July 1, 1962, and thus authorize the state department of public assistance to make the increased exemption effective prior to July, 1962.
AGO 1958 No. 232 >  December 19, 1958
OFFICERS AND OFFICES - STATE - PRISON TERMS AND PAROLE - APPLICATION OF RCW 9.92.080 - CONSECUTIVE SENTENCES
OFFICERS AND OFFICES ‑- STATE ‑- PRISON TERMS AND PAROLE ‑- APPLICATION OF RCW 9.92.080 ‑- CONSECUTIVE SENTENCES 1.  A man convicted of a new felony while on parole for prior felony where the parole has not been revoked, the new sentence is concurrent with the sentence he is serving as a parolee. 2.  A prisoner while serving a sentence in the penitentiary or reformatory commits a crime for which he is subsequently convicted, the second sentence is consecutive to the first. 3.  A man convicted of a crime and placed on probation commits a new crime and prior to the sentencing for the second crime the probation is revoked and sentence imposed, the sentences run concurrently. 4.  A man convicted of a crime and placed on probation commits a new crime and subsequent to the sentencing for the second crime the probation is revoked, the sentences run consecutively.
AGO 1956 No. 290 >  June 26, 1956
LIBRARY - STATE - POWER OF CAPITOL COMMITTEE TO LOCATE SITE
LIBRARY -- STATE -- POWER OF CAPITOL COMMITTEE TO LOCATE SITE Existing state law presents no legal impediment to the location by the capitol committee of the proposed state library (1) on the site of the parking lot immediately south of the present Social Security Building, or (2) on one of the lots directly east of the Labor & Industries Building and west of Capitol Way.
AGO 1956 No. 184 >  January 13, 1956
SALARIES - OFFICES AND OFFICERS - CITY - COUNTY - STATE
SALARIES ‑- OFFICES AND OFFICERS -- CITY -- COUNTY -- STATE A mayor's salary may not be increased after his election.  The salary may be increased after the close of time for filing or the primary election.
AGO 1955 No. 26 >  February 21, 1955
FUNDS - STATE - MOTOR VEHICLE - HIGHWAY SAFETY - STATE PATROL RETIREMENT - APPROPRIATIONS
FUNDS ‑- STATE ‑- MOTOR VEHICLE ‑- HIGHWAY SAFETY ‑- STATE PATROL RETIREMENT ‑- APPROPRIATIONS. 1. Highway Safety Fund can be consolidated with Motor Vehicle Fund.   2. Appropriation for State Patrol Retirement Fund could be made from Motor Vehicle Fund after such consolidation.
AGO 1955 No. 36 >  March 7, 1955
FUNDS - STATE - EMPLOYMENT SECURITY CONTINGENCY - EXPENDITURE
FUNDS ‑- STATE ‑- EMPLOYMENT SECURITY CONTINGENCY ‑- EXPENDITURE. Administrative Contingency Fund moneys may be used for purposes not chargeable against funds obtained from Federal sources.
AGLO 1982 No. 2 >  February 5, 1982
OFFICES AND OFFICERS - STATE - DEPARTMENT OF SOCIAL AND HEALTH SERVICES - TAX DEFERRED ANNUITIES UNDER § 403(B) OF INTERNAL REVENUE CODE
TAX DEFERRED ANNUITIES UNDER § 403(b) OF INTERNAL REVENUE CODE The department of Social and Health Services is not authorized to provide and pay for tax deferred annuities for those employees of the department eligible for such annuities pursuant to § 403(b) of the Internal Revenue Code;  however, those employees may be covered by the state deferred compensation program authorized by RCW 41.04.250-41.04.260.
AGLO 1982 No. 3 >  February 11, 1982
OFFICES AND OFFICERS - STATE - JAIL COMMISSION - JAILS
STATE FUNDING OF LOCAL JAIL IMPROVEMENTS

The State Jail Commission may not suspend or withhold funding from a city or county for new jail construction or remodeling on the basis that the Commission has ordered closure of the existing jail facility of such city or county for failure to comply with mandatory state custodial care standards.

AGLO 1982 No. 6 >  March 17, 1982
OFFICES AND OFFICERS - STATE - HIGHER EDUCATION PERSONNEL BOARD - CIVIL SERVICE - COLLEGES AND UNIVERSITIES - COMMUNITY COLLEGES
COSTS OF TRANSCRIPT ON APPEAL

(1) The requirement of WAC 251-12-285 that employers pay the initial costs of transcribing the record for appeal under RCW 28B.16.130 is not enforceable in personnel actions arising under RCW 28B.16.120 in view of the Washington Supreme Court's decision in the analogous case of Zoutendyk v. Washington State Patrol, 95 Wn.2d 693, 628 P.2d 1308 (1981).

AGLO 1982 No. 11 >  May 3, 1982
OFFICES AND OFFICERS - STATE - LIQUOR CONTROL BOARD - INTOXICATING LIQUOR
SALE OF CONFISCATED LIQUOR IN STATE LIQUOR STORES The Washington State Liquor Board may sell, through state liquor stores and agencies, unopened liquor which has been lawfully confiscated by the Board or by other governmental agencies.
AGLO 1982 No. 13 >  May 20, 1982
OFFICES AND OFFICERS - STATE - BOARD OF HEALTH - ABORTIONS - ACCREDITED HOSPITAL
PERFORMANCE OF ABORTIONS IN OTHER APPROVED MEDICAL FACILITIES The State Board of Health, acting pursuant to RCW 9.02.070, may sanction the performance of second trimester abortions in medical facilities other than an accredited hospital where such medical facilities meet standards prescribed by regulations issued by the Board for the safe and adequate care and treatment of patients.
AGLO 1982 No. 14 >  June 7, 1982
OFFICES AND OFFICERS - STATE - DEPARTMENT OF SOCIAL AND HEALTH SERVICES - LICENSES - FEES
FEE FOR LICENSE ISSUED PURSUANT TO RCW 70.98.080. The Department of Social and Health Services, in its capacity as the state radiation control agency under chapter 70.98 RCW, is authorized by § 2, chapter 201, Laws of 1982 to establish and impose license fees in connection with licenses issued pursuant to RCW 70.98.080.
AGLO 1982 No. 15 >  June 17, 1982
OFFICES AND OFFICERS - STATE - SUPERINTENDENT OF PUBLIC INSTRUCTION - ADMINISTRATIVE LAW - SCHOOLS
INTER-DISTRICT STUDENT TRANSFERS After July 1, 1982, the hearing contemplated by WAC 392-137-060, relating to the approval of inter-district student transfers by the State Superintendent of Public Instruction, will have to be conducted by an administrative law judge in accordance with the provisions of chapter 34.12 RCW unless the hearing is conducted, instead, by the Superintendent of Public Instruction himself.
AGLO 1982 No. 22 >  August 27, 1982
OFFICES AND OFFICERS - STATE - CRIMINAL JUSTICE TRAINING COMMISSION - POLICE
MINIMUM STANDARDS OF FITNESS FOR LAW ENFORCEMENT PERSONNEL Consideration of questions regarding the legal authority of the Washington Criminal Justice Training Commission to adopt certain proposed regulations establishing minimum standards of mental, physical and moral fitness for appointment to various state and local law enforcement positions.
AGLO 1982 No. 27 >  January 13, 1982
OFFICES AND OFFICERS - STATE - JUDICIAL QUALIFICATIONS COMMISSION - JUDGES - ELECTIONS - CODE OF ETHICS
JURISDICTION OF JUDICIAL QUALIFICATIONS COMMISSION OVER NEWLY ELECTED JUDGES An individual, upon becoming a judge or justice within the state judicial system by reason of his or her election to such office, should be deemed to be subject to the jurisdiction of the Judicial Qualifications Commission and to possible disciplinary action by the Supreme Court under Article IV, § 31 (Amendment 71) of the state constitution for a violation of Canon 7 of the Code of Judicial Conduct occurring during the election campaign and prior to the individual becoming a judge.
AGLO 1982 No. 28 >  December 16, 1982
OFFICES AND OFFICERS - STATE - COMMISSION FOR VOCATIONAL EDUCATION - STATE BOARD FOR COMMUNITY COLLEGE EDUCATION - SUPERINTENDENT OF PUBLIC INSTRUCTION - SCHOOLS
RESPONSIBILITY FOR VOCATIONAL EDUCATION (1) The 1975 Vocational Education Act establishes a trichotomous relationship between the Commission for Vocational Education, the State Superintendent of Public Instruction and the State Board for Community College Education whereby those three agencies share the responsibility and authority for directing public vocational education in the state.
AGLO 1981 No. 3 >  February 10, 1981
BONDS - STATE - MUNICIPAL - INTEREST
CREDITING INTEREST EARNED ON INVESTMENT OF BOND PROCEEDS In the absence of a statute, charter provision, ordinance or bond covenant to the contrary, interest earned on the investment of state or municipal bond proceeds is to be credited to the building or other project fund into which those bond proceeds themselves were placed and not to the bond redemption fund.
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.
AGLO 1981 No. 11 >  April 23, 1981
OFFICES AND OFFICERS - STATE - COUNCIL FOR POSTSECONDARY EDUCATION - HIGHER EDUCATION
SCOPE OF STATUTORY EXEMPTIONS

An "educational institution" as defined in RCW 28B.05.030(1) which provides educational services through workshops and seminars is not exempt from the Educational Services Registration Act solely on the basis that none of those workshops or seminars are of more than three calendar days in duration; nor is such an institution exempt because of the fact that, although it solicits from more than one business concern, it does not solicit the general public.

AGLO 1981 No. 13 >  May 12, 1981
OFFICES AND OFFICERS - STATE - DIRECTOR OF LABOR AND INDUSTRIES - BOARD OF ELECTRICAL EXAMINERS - APPROPRIATIONS - FUNDS
BASIS FOR EXPENDITURES FROM ELECTRICAL LICENSE FUND UNDER RCW 19.28.330 (1) RCW 19.28.330 does not authorize the director of Labor and Industries to make expenditures from the Electrical License Fund without a legislative appropriation. (2) Exercising its authority under RCW 19.28.330, the Board of Electrical Examiners may, in effect, require the Department of Labor and Industries to reduce expenditures from the Electrical License Fund below the levels contained in the budget developed under the provisions of the Budget and Accounting Act, chapter 43.88 RCW, by disapproving, in advance, particular expenditures or kinds of expenditures.
AGLO 1981 No. 18 >  July 23, 1981
OFFICES AND OFFICERS - STATE - ARCHIVIST - PUBLIC RECORDS
STATUS OF MACHINE READABLE RECORDS UNDER CHAPTER 40.14 RCW The term "public records," as defined in RCW 40.14.010, includes machine readable records, i.e., records on computer magnetic tapes, disc storage files, punch cards and other machine readable media.
AGLO 1981 No. 20 >  July 24, 1981
OFFICES AND OFFICERS - STATE - DEPARTMENT OF EMPLOYMENT SECURITY - ADMINISTRATIVE LAW - HEARINGS EXAMINERS
TRANSFER OF EMPLOYMENT SECURITY HEARINGS EXAMINERS TO OFFICE OF ADMINISTRATIVE HEARINGS The provisions of chapter 67, Laws of 1981 (Substitute House Bill 101) require that such hearings examiners as are employed by the Employment Security Department's Appeal Tribunal be transferred to the Office of Administrative Hearings on July 1, 1982.
AGO 1966 No. 78 >  March 18, 1966
OFFICES AND OFFICERS - STATE - UTILITIES AND TRANSPORTATION COMMISSION - CARRIERS - COMMON AND CONTRACT
QUALIFICATIONS FOR 'GRANDFATHER' CERTIFICATE OF CONVENIENCE AND NECESSITY UNDER CHAPTER 81.77 RCW.

(1) Section 5, chapter 105, Laws of 1965, Ex. Sess., clarifies the legislative intent of chapter 295, Laws of 1961 (chapter 81.77 RCW) and prohibits a common or contract carrier from engaging in the business of transporting garbage or refuse for compensation except by authority of a certificate of convenience and necessity issued by the utilities and transportation commission.  (2) Carriers not engaged in the business of transporting garbage and/or refuse for compensation on July 1, 1961, but who have subsequently become engaged in such transportation as a business, are not entitled to certification under the "grandfather" clause of RCW 81.77.040, but must prove a public convenience and necessity.  In order to qualify for a "grandfather" certificate, an applicant must show operations under authority of a common or contract carrier permit.  Mere holding of a permit is not sufficient.

 

AGLO 1981 No. 20 >  July 24, 1981
OFFICES AND OFFICERS - STATE - DEPARTMENT OF EMPLOYMENT SECURITY - ADMINISTRATIVE LAW - HEARINGS EXAMINERS
TRANSFER OF EMPLOYMENT SECURITY HEARINGS EXAMINERS TO OFFICE OF ADMINISTRATIVE HEARINGS(1) The provisions of chapter 67, Laws of 1981 (Substitute House Bill 101) require that such hearings examiners as are employed by the Employment Security Department's Appeal Tribunal be transferred to the Office of Administrative Hearings on July 1, 1982.
AGLO 1981 No. 25 >  September 1, 1981
OFFICES AND OFFICERS - STATE - WASHINGTON STATE FERRY SYSTEM - LABOR - COLLECTIVE BARGAINING
RIGHTS OF FERRY SYSTEM EMPLOYEES The provisions of chapter 344, Laws of 1981, do not violate the requirements of 49 U.S.C. § 1609(C) or of "§ 13(C) agreements" signed in compliance therewith by the Washington State Department of Transportation.
AGLO 1981 No. 29 >  December 21, 1981
OFFICES AND OFFICERS - STATE - WASHINGTON STATE PATROL - AFFIRMATIVE ACTION
PROMOTION OF QUALIFIED MINORITY AND FEMALE COMMISSIONED OFFICERS (1) Under the law as it now exists, the Chief of the Washington State Patrol may not promote otherwise qualified minority and female commissioned officers to the line ranks of sergeant and lieutenant referred to in RCW 43.43.330 who do not occupy one of the top three positions on the promotion list noted in RCW 43.43.340. (2) While the Chief may so promote qualified minority and female commissioned officers to the staff ranks of sergeant and lieutenant, he may not then assign them, with those ranks, to line or field command positions.
AGLO 1980 No. 5 >  January 21, 1980
OFFICES AND OFFICERS - STATE - DEPARTMENT OF LABOR AND INDUSTRIES - ENERGY FACILITY SITE EVALUATION COUNCIL
INSPECTION OF CERTIFICATED ENERGY FACILITIES Neither RCW 80.50.120 nor any other section of chapter 80.50 RCW precludes the State Department of Labor and Industries from conducting inspections, pursuant to chapters 19.28, 70.79 and 70.87 RCW, of an energy facility covered by a certification agreement duly executed in accordance with that chapter.
AGLO 1980 No. 6 >  January 22, 1980
OFFICES AND OFFICERS - STATE - COUNCIL FOR POSTSECONDARY EDUCATION - HIGHER EDUCATION
REGISTRATION OF SECTARIAN INSTITUTIONS The Council for Postsecondary Education, in the exercise of its authority to suspend or modify the requirements of the Educational Services Registration Act of 1979 on the basis of hardship pursuant to RCW 28B.05.130, may not exempt an "educational institution" from otherwise required registration solely because of its sectarian religious ownership, management or curricula.
AGLO 1980 No. 8 >  January 29, 1980
OFFICES AND OFFICERS - STATE - DEPARTMENT OF GAME - APPROPRIATIONS
EFFECT OF APPROPRIATIONS TO PAY LEGAL COSTS ASSOCIATED WITH CERTAIN FLOOD CONTROL DISTRICT LITIGATION Analysis and discussion of the effect of so much of § 90, chapter 270, Laws of 1979, 1st Ex. Sess., as appropriated $42,000 from the State Game Fund to defray legal costs associated with the construction and operation of a regulating structure stabilizing the level of water in Silver Lake.
AGLO 1980 No. 14 >  March 20, 1980
OFFICES AND OFFICERS - STATE - SECRETARY OF STATE - STATISTICS
COLLECTION AND COMPILATION OF STATISTICAL INFORMATION BY SECRETARY OF STATE (1) It is no longer a function of the secretary of state's office to collect, sort, or systematize statistics relating to agriculture, immigration, labor, manufacturing, mining and other related subjects in order to prepare and publish either a biennial statistical report to the legislature or a "comprehensive report" aimed, generally, at attracting tourists or business activities to the state; however, the secretary of state, as ex officio commissioner of statistics, may continue to seek and collect such statistics for whatever other legitimate public purposes, in unpublished form, they serve and, so long as he does not do so for the purpose of publication at state expense, he may also prepare tables, with narrative abstracts, of such statistics to the extent that the preparation of such tables and narrative abstracts is reasonably necessary in order to effectuate the legitimate public purpose for which the statistics have been collected.
AGLO 1980 No. 15 >  April 1, 1980
OFFICES AND OFFICERS - STATE - BOARD OF INDUSTRIAL INSURANCE APPEALS
FUNDING CRIME VICTIMS' COMPENSATION APPEALS (1) The State Board of Industrial Insurance Appeals may not use Title 51 RCW accident fund or medical aid fund monies to process and adjudicate appeals arising under the Crime Victims' Compensation Act. (2) In the absence of any funds which may legally be used for the processing of crime victims compensation appeals, no appeal processing which requires an expenditure of state funds can properly be carried on by the Board of Industrial Insurance Appeals.
AGLO 1980 No. 20 >  May 13, 1980
OFFICES AND OFFICERS - STATE - DEPARTMENT OF LABOR AND INDUSTRIES - WORKMEN'S COMPENSATION - INSURANCE
GROUP SELF-INSURANCE BY EMPLOYERS

The state industrial insurance laws, as presently written, do not permit the State Department of Labor and Industries to issue a certification to two or more employers to self-insure as members of a group, rather than individually.

AGLO 1980 No. 24 >  July 15, 1980
OFFICES AND OFFICERS - STATE - LIQUOR CONTROL BOARD - INTOXICATING LIQUOR
OWNERSHIP OF LIQUOR SAMPLES Such samples of liquor as are furnished to the State Liquor Control Board under RCW 66.28.040 are the property of the state of Washington.
AGLO 1980 No. 27 >  September 11, 1980
OFFICES AND OFFICERS - STATE - WASHINGTON STATE PATROL - ORGANIZED CRIME INTELLIGENCE UNIT
TRANSMITTAL OF INVESTIGATIVE REPORTS (1) For the purposes of RCW 43.43.852, "an organized, disciplined association" refers, generally, to any group of two or more individuals which sets about to engage in a course of criminal conduct and whose members are dedicated and internally disciplined to a pattern of illegal behavior and maintain a loyalty, express or tacit, to the other members of the organization and its criminal ends.
AGLO 1980 No. 28 >  October 7, 1980
OFFICES AND OFFICERS - STATE - WASHINGTON TRANSPORTATION COMMISSION - FERRIES - CONTRACTS
IMPOSITION OF TIME LIMIT FOR USE OF COMMUTER BOOKS The Washington Transportation Commission did not violate any contractual rights of persons who previously purchased undated ferry system commuter ticket books when, by Resolution No. 72, it provided that commutation ticket books shall be valid only for ninety days from the date of purchase.
AGO 1966 No. 117 >  November 1, 1966
OFFICES AND OFFICERS - STATE - INSURANCE COMMISSIONER
NECESSITY FOR AUTOMOBILE DEALERS TO OBTAIN INSURANCE AGENT'S LICENSE WHERE COMPENSATED FOR SOLICITATION OF APPLICATIONS FOR GROUP CREDIT LIFE AND/OR HEALTH AND ACCIDENT INSURANCE. Where, in the process of selling an automobile on a conditional sales contract, a dealer solicits and obtains an application for group credit life and/or health and accident insurance from the automobile purchaser which the dealer then forwards, together with an assignment of the conditional sales contract, to a bank which holds the master group insurance policy, the dealer is required to be licensed as an insurance agent under RCW 48.17.060 if by arrangement the assignee bank discounts the conditional sales contract at a more favorable discount rate than when the conditional sales contract is not accompanied by an insurance application for coverage under the bank's master group insurance policy.
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 1980 No. 33 >  December 31, 1980
OFFICES AND OFFICERS - STATE - BOARD OF INDUSTRIAL INSURANCE APPEALS
APPLICABILITY OF EXECUTIVE CONFLICT OF INTEREST LAW The Board of Industrial Insurance Appeals is not a part of the judicial branch of state government for purposes of determining the applicability of the Executive Conflict of Interest Act, chapter 42.18 RCW.
AGLO 1979 No. 1 >  January 12, 1979
OFFICES AND OFFICERS - STATE - LIQUOR CONTROL BOARD - LIQUOR - LICENSES
ELIGIBILITY FOR LICENSE AS AGENT OF WINE WHOLESALER AND IMPORTER Neither RCW 66.28.010 nor RCW 66.28.020 prohibit a person who has a contract vendor's interest in a restaurant holding a retail liquor license in the state of Arizona from legally serving as a licensed agent of a wine wholesaler and importer in the state of Washington.
AGLO 1979 No. 3 >  January 17, 1979
OFFICES AND OFFICERS - STATE - DEPARTMENT OF SOCIAL AND HEALTH SERVICES
CONTRACTS FOR CRISIS INTERVENTION SERVICES Extent of the legal ability of the Department of Social and Health Services, in the light of an existing collective bargaining agreement, to contract for the performance of crisis intervention services as proposed by Senate Bill No. 2036 (1979), amending RCW 74.13.031.
AGLO 1979 No. 6 >  January 19, 1979
OFFICES AND OFFICERS - STATE - UTILITIES AND TRANSPORTATION COMMISSION - COMMON CARRIERS
DEREGULATION OF COMMERCIAL TRUCKING INDUSTRY There is no constitutional impediment which would bar the state legislature from deregulating the commercial trucking industry without providing for the payment of compensation to existing permit holders; accordingly, such legislative action would be constitutionally permissible.
AGLO 1979 No. 9 >  February 7, 1979
OFFICES AND OFFICERS - STATE - DEPARTMENT OF LABOR AND INDUSTRIES - INDUSTRIAL INSURANCE - WORKERS' COMPENSATION
APPROVING SETTLEMENTS OF THIRD PARTY CLAIMS Under the provisions of chapter 51.24 RCW, as amended by chapter 85, Laws of 1977, 1st Ex. Sess. (SSB 2154), either the State Department of Labor and Industries or a self-insured employer may legally approve a settlement between an injured worker (or beneficiary) and a third party tortfeasor which is for an amount less than the amount already disbursed by the department or self-insurer for industrial insurance benefits.
AGLO 1979 No. 10 >  February 9, 1979
OFFICES AND OFFICERS - STATE - DEPARTMENT OF NATURAL RESOURCES - FOREST - FIRE
FUNDING STATE FOREST FIRE PROTECTION PROGRAM The State Department of Natural Resources may not expend monies from the Resource Management Cost Account or the Forest Development Account, over and above payment of fire patrol assessments under RCW 76.04.360, to fund the costs of the Forest Fire Protection Program provided for in chapter 76.04 RCW.
AGLO 1979 No. 11 >  February 21, 1979
OFFICES AND OFFICERS - STATE - BOARD OF PRISON TERMS AND PAROLES - PRISONERS - PAROLES
AUTHORITY TO FIX MINIMUM TERM OR PAROLE PENDING APPEAL (1) The Board of Prison Terms and Paroles is both authorized and required by RCW 9.95.040 to fix a minimum duration of confinement in the case of a person admitted to a state correctional facility under RCW 36.63.255 while on appeal from a felony conviction. (2) In such a case the Parole Board is further authorized by RCW 9.95.110 to release on parole, without the concurrence of the courts, a person admitted to a state correctional facility under RCW 36.63.255 even though that person's appeal is still pending.
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. 43 >  October 19, 1977
OFFICES AND OFFICERS - STATE - SUPERINTENDENT OF WASHINGTON SOLDIERS' HOME - VETERANS
DISBURSEMENTS FROM SOLDIERS' HOME REVOLVING FUND (1) The Superintendent of the Washington Soldiers' Home is not required by the provisions of § 7, chapter 186, Laws of 1977, 1st Ex. Sess., to grant authorization for all disbursements from the soldiers' home revolving fund which have been approved by the duly constituted body representative of the members. (2) While the Superintendent of the Washington Soldiers' Home is empowered to refuse authorization for a particular disbursement from the soldiers' home revolving fund which has been approved by the duly constituted body representative of the members, the superintendent is not authorized to direct an alternative disbursement scheme or plan to be implemented in its place.
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. 48 >  November 1, 1977
OFFICES AND OFFICERS - STATE - HOSPITAL COMMISSION - DISTRICTS - HOSPITAL
AUTHORITY OF HOSPITAL COMMISSION OVER RATES AND BUDGETS OF PUBLIC HOSPITAL DISTRICTS Explanation of the legal relationship between the budget and rate‑making functions of the commissioners of a public hospital district and the statutory review functions of the state hospital commission under chapter 70.39 RCW; procedures to be followed by a public hospital district in establishing budgets and fixing rates, and in obtaining review and approval thereof from the state hospital commission; necessity for further action by a public hospital district commission following approval or disapproval of its proposed rates or budget by the hospital commission; effect of a rate increase made by a public hospital district which is later disapproved by the state hospital commission.
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 1977 No. 54 >  November 29, 1977
OFFICES AND OFFICERS - STATE - WASHINGTON STATE HUMAN RIGHTS COMMISSION
COMPENSATION FOR SERVICE AS MEMBERS OF HEARING TRIBUNAL The Washington State Human Rights Commission has the power to compensate persons for service as members of hearing tribunals appointed under the law against discrimination, including members of the commission itself who serve as members of a hearing tribunal in accordance with RCW 49.60.250. However, because of Article XXX, § 1, (Amendment 54) of the state constitution, the compensation of tribunal members who are also commissioners cannot be increased during their respective terms of office as members of the Human Rights Commission.
AGLO 1976 No. 9 >  February 5, 1976
CONFLICT OF INTEREST - EMPLOYEES - STATE
GIFTS TO STATE EMPLOYEES UNDER EXECUTIVE CONFLICT OF INTEREST ACT Unless modified by regulations promulgated by the governor under RCW 42.18.270, a "thing of economic value" as defined in RCW 42.18.140, prohibiting certain gifts to state employees, includes even those items of tangible personal property which are of minimal monetary value.
AGLO 1976 No. 11 >  February 9, 1976
TAXATION - STATE - CITIES AND TOWNS
COMPUTATION OF MOTOR VEHICLE EXCISE TAX REVENUES TO BE DISTRIBUTED TO CITIES AND TOWNS Even though no portion of the local motor vehicle excise taxes provided for by RCW 35.58.273 is, itself, to be distributed to cities and towns under RCW 82.44.150(2) through (4), the state treasurer, in computing the amount of motor vehicle excise tax to be distributed thereunder, is to include that local tax in his calculations.
AGLO 1976 No. 13 >  February 19, 1976
TAXATION - STATE - CIGARETTE EXCISE TAX - VETERANS BONUSES
VETERANS BONUSES Constitutional ability of the legislature to repeal the state cigarette excise tax once the payments of veterans' bonuses under chapter 73.34 RCW have been completed.
AGLO 1976 No. 15 >  February 24, 1976
OFFICES AND OFFICERS - STATE - DEPARTMENT OF LABOR AND INDUSTRIES - BOARD OF ELECTRICAL EXAMINERS
LICENSING OF ELECTRICAL CONTRACTORS Discussion of the respective responsibility of the department of labor and industries and the state board of electrical examiners in the process of licensing electrical contractors under RCW 19.28.120.
AGLO 1976 No. 18 >  February 26, 1976
OFFICES AND OFFICERS - STATE - COUNCIL FOR POSTSECONDARY EDUCATION
VOTING RIGHTS OF MEMBERS To the extent that the planning functions of the council for postsecondary education are funded under § 1202 of the federal higher education act amendments of 1972 (Public Law 92-318), all members of the council are entitled to vote in accordance with RCW 28B.80.200.
AGLO 1976 No. 20 >  March 19, 1976
TAXATION - MOTOR VEHICLES - CITIES AND TOWNS - APPROPRIATIONS - STATE
USE OF LOCAL MOTOR VEHICLE EXCISE TAX REVENUES FOR STATE PURPOSES The legislature may not allocate, for general state purposes, revenues derived from the local motor vehicle excise tax provided for by RCW 35.58.273-35.58.279 without amending those preexisting substantive statutes.
AGLO 1976 No. 22 >  March 23, 1976
OFFICES AND OFFICERS - STATE - DEPARTMENT OF ECOLOGY - WATER - CONDEMNATION - EMINENT DOMAIN
REACQUISITION OF WATER RIGHTS BY STATE AGENCIES The state department of ecology may not condition a water right permit issued under RCW 90.03.290 by providing, pursuant to an administrative regulation, that once such a permit has been in effect for at least twenty-five years the state, upon giving five years' notice, may utilize a certain prescribed formula for the measurement of damages if it exercises its power of eminent domain to condemn the water right embodied in the permit ‑ in lieu of paying full compensation as ascertained by the court or jury under Article I, § 16 (Amendment 9) of the state constitution.
AGLO 1976 No. 23 >  March 24, 1976
OFFICES AND OFFICERS - STATE - DEPARTMENT OF FISHERIES - "BUY BACK PROGRAM"
USE OF COMMERCIAL FISHING VESSELS ON COLUMBIA RIVER A commercial fishing vessel which is purchased by the department of fisheries under RCW 75.28.500, et seq., and then sold by the department, may not be used for commercial fishing on the Washington side of the Columbia River.
AGLO 1976 No. 29 >  April 23, 1976
OFFICES AND OFFICERS - STATE - BOARD OF PHARMACY - LICENSES - SINGLE STOP CONCEPT FOR ISSUANCE OF STATE LICENSES OR PERMITS
RETAIL GROCERY BUSINESS While the "Business Coordination Act" (chapter 68, Laws of 1975-76, 2nd Ex. Sess.) will apply to grocers seeking licenses issued by the state pharmacy board, it will only apply in the case of those licenses under the board's jurisdiction which are germane to a grocery operation.
AGLO 1976 No. 32 >  May 5, 1976
OFFICES AND OFFICERS - STATE - SECRETARY OF STATE
APPROPRIATIONS PERFORMANCE OF NEW STATUTORY DUTIES The secretary of state would not be legally justified in refusing to perform the new duties imposed upon his office by chapter 46, Laws of 1975-76, 2nd Ex. Sess., merely because the legislature failed to make a specific appropriation to fund the performance of those duties.
AGLO 1976 No. 33 >  May 12, 1976
OFFICES AND OFFICERS - STATE - STATE COMMITTEE ON SALARIES
QUORUM (1) Since the state committee on salaries consists of a total of seven members the quorum requirement for that agency is the attendance of at least four of those members. (2) So long as a quorum of the state committee on salaries is present a motion or other proposition may be passed by the concurring votes of a simple majority of the committee members who are, in fact, in attendance at the particular meeting.
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 1976 No. 36 >  May 26, 1976
OFFICES AND OFFICERS - STATE - TREASURER - FUNDS
SERVICES OF PUBLIC DEPOSITARIES If a public depositary is unwilling to provide the service of cashing or giving credit for state warrants, the state treasurer's office would be legally justified in excluding that depositary from further participation in the time deposit program provided, of course, the same restriction is imposed for any institution unwilling to agree to such a condition.
AGLO 1976 No. 38 >  June 14, 1976
OFFICES AND OFFICERS - STATE - TREASURER - PUBLIC FUNDS - BANKS
LIMITATION UPON PUBLIC FUNDS (1) The limitation in RCW 39.58.130 upon public deposits with a particular bank or trust company applies to all funds, in the aggregate, deposited by a county treasurer rather than separately to the funds of each municipality served by such treasurer. (2) The protections of chapter 39.58 RCW extend to all public funds on deposit with qualified depositaries irrespective of the limitations of RCW 39.58.130 and without regard to the reasons attributable to the violation of the statutory restriction.
AGLO 1976 No. 39 >  June 15, 1976
APPROPRIATIONS - STATE - COMMUNITY COLLEGES - SALARIES
LIMITATION UPON SALARY INCREASES FOR COMMUNITY COLLEGE EMPLOYEES Answers several questions pertaining to the average 5% salary increase provided for by § 6(3), chapter 133, Laws of 1975-76, 2nd Ex. Sess., for community college and other educational employees.
AGLO 1976 No. 42 >  June 28, 1976
OFFICES AND OFFICERS - STATE - DEPARTMENT OF REVENUE - STATE PATROL - TAXATION - PUBLIC RECORDS
DISCLOSURE OF TAX RECORDS TO STATE PATROL RCW 82.32.330 does not prohibit the state department of revenue from disclosing to the organized crime intelligence unit of the Washington state patrol, for official purposes under RCW 43.43.854, facts or information contained in a return filed by a taxpayer or disclosed in a departmental investigation or examination of a taxpayer's books and records.
AGLO 1976 No. 45 >  July 19, 1976
OFFICES AND OFFICERS - STATE - GAME PROTECTORS
STATUS OF GAME PROTECTORS AS PEACE OFFICERS Such game protectors as are employed under RCW 77.04.020 do constitute peace officers as defined by RCW 9A.04.110(15) to the limited extent of the law enforcement authority vested in them by RCW 77.12.070.
AGLO 1976 No. 62 >  October 15, 1976
OFFICES AND OFFICERS - STATE - HARBOR LINE COMMISSION
RELOCATION OF HARBOR LINES The state harbor line commission has the authority to relocate either the inner or outer harbor lines in front of so much of the city of Seattle as borders upon Elliott Bay but it may only do so in accordance with the limitations contained in Article XV, § 1 of the state constitution and for a public purpose.
AGLO 1976 No. 64 >  November 2, 1976
OFFICES AND OFFICERS - STATE - DATA PROCESSING AUTHORITY - APPROPRIATIONS
PAYMENT SCHEDULES (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 1976 No. 66 >  November 3, 1976
OFFICES AND OFFICERS - STATE - BOARD FOR COMMUNITY COLLEGE EDUCATION - COMMUNITY COLLEGES - FEES - BUDGET LAW
PREDISCHARGE EDUCATION PROGRAMS (PREP) 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."
AGLO 1976 No. 68 >  November 12, 1976
OFFICES AND OFFICERS - STATE - HOSPITAL COMMISSION
AUTHORITY TO DEVISE PAYMENT SYSTEMS The Washington state hospital commission has the authority, under RCW 70.39.140, to devise and approve the use of alternative systems of payment to hospitals for services provided to health care recipients covered under Medicare, Medicaid, Industrial Insurance or similar programs which the payors under those programs may then, in the exercise of their legal authority, require such hospitals to utilize.
AGLO 1976 No. 71 >  November 19, 1976
OFFICES AND OFFICERS - STATE - ENERGY FACILITY SITE EVALUATION COUNCIL
AUTHORITY TO COMPEL COMPLIANCE WITH CHAPTER 80.50 RCW The energy facility site evaluation council is not authorized by chapter 80.50 RCW, or any other law, to institute any form of legal proceeding to compel a given corporation to file an application for site certification or to refrain it from seeking a substantial development permit.
AGLO 1975 No. 20 >  March 5, 1975
OFFICES AND OFFICERS - STATE - WASHINGTON STATE BAR ASSOCIATION
CONSTITUTIONALITY OF STATE BAR ACT The Washington State Bar Act (chapter 2.48 RCW) is not unconstitutional by reason of Article XII, § 1 of the Washington state constitution since the State Bar Association is a public agency and not a private corporation.
AGLO 1975 No. 21 >  March 5, 1975
OFFICES AND OFFICERS - STATE - LEGISLATORS - SALARIES
LEGISLATORS' SALARIES UNDER INITIATIVE NO. 282 Those state senators elected in 1972 for four-year terms ending in January, 1977, will not be eligible to receive the pay increases provided for by Initiative No. 282 until the commencement of their next ensuing terms of office in 1977.
AGLO 1975 No. 23 >  March 6, 1975
OFFICES AND OFFICERS - STATE - LEGISLATORS - STRIKES - LABOR
VIOLATION OF OATH OF OFFICE Extent to which a refusal by a state legislator to cross a picket line of striking state employees in order to attend a legislative session would constitute a violation of the legislator's oath of office.
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. 30 >  March 19, 1975
OFFICES AND OFFICERS - STATE - DEPARTMENT OF EMERGENCY SERVICES
GRANTS OR LOANS TO PERSONS AFFECTED BY NATURAL DISASTERS (1) The department of emergency services does not presently possess the requisite authority to provide housing sites with utilities, or to make grants of state funds, matched by federal moneys under Public Law 93-288, to persons who have suffered loss due to a natural disaster within the contemplation of this federal act. (2) Any state legislation designed to provide housing sites with utilities, or to make grants of state funds, matched by federal moneys under Public Law 93-288, to persons suffering from loss due to a natural disaster would, under Article VIII, § 5 of the state constitution, have to be so written as to restrict the department, in so doing, to the supplying of such facilities or financial aid only to those disaster victims who are unable, with their own resources, to alleviate their own distress.
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. 41 >  April 15, 1975
LEGISLATURE - APPROPRIATIONS - STATE
CONSTITUTIONALITY OF RELIEF APPROPRIATIONS Discussion of constitutional criteria to be applied under Article VIII, § 5 of the state constitution with respect to appropriations made by the legislature for the relief of certain individuals or organizations for legally unenforceable claims against the state.
AGLO 1975 No. 44 >  April 23, 1975
OFFICES AND OFFICERS - STATE - SUPERINTENDENT OF PUBLIC INSTRUCTION - DISTRICTS - SCHOOLS
REGULATION OF ASSOCIATED STUDENT BODY FUNDS (1) The state superintendent of public instruction may adopt a regulation pursuant to RCW 28A.58.115 defining the term "associated student body funds" in order to identify those moneys of an associated student body which are subject to school district budget laws and other state laws relating to school district funds, including, RCW 43.09.240 and RCW 28A.59.110. (2) The state superintendent of public instruction may also adopt a regulation under RCW 28A.58.115 authorizing school districts to establish one or more ASB petty cash funds into which limited amounts of ASB funds could be transferred from time to time from the school district treasury by warrants made payable to the order of the principal of the school involved as custodian of such fund.
AGLO 1975 No. 53 >  May 22, 1975
OFFICES AND OFFICERS - STATE - COUNCIL ON HEARING AIDS - OPEN PUBLIC MEETINGS ACT
APPLICABILITY OF The Open Public Meetings Act (chapter 42.30 RCW) is applicable to the council on hearing aids which is provided for by RCW 18.35.150.
AGLO 1975 No. 62 >  July 17, 1975
OFFICES AND OFFICERS - STATE - HIGHWAYS DEPARTMENT
DISPOSITION OF CERTAIN SURPLUS HIGHWAY LAND (1) In those instances in which the highway lands (including air space) purchased with motor vehicle fund moneys are to be leased or sold to a county or city for nonhighway purposes, the purchaser or lessee, even though it is also a governmental agency, will be required to provide such monetary or other consideration as is necessary, under the particular factual circumstances involved, to avoid an unlawful diversion of motor vehicle funds. (2) On the other hand, if the lands and/or air space are required to be used by the acquiring county or city for such "highway" purposes as could, constitutionally, be the direct object of motor vehicle fund expenditures themselves, no other consideration will constitutionally be necessary in order to justify the transaction under the provisions of Article II, § 40 (Amendment 18).
AGLO 1975 No. 63 >  July 17, 1975
TAXATION - COUNTIES - CITIES AND TOWNS - FUNDS - STATE - LEGISLATURE
DIVISION OF CERTAIN LOCAL EXCISE TAX REVENUES Extent to which the 1975 legislature may constitutionally divert proceeds derived from local motor vehicle excise taxes under RCW 35.58.273, et seq., from the taxing municipality for other purposes.
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 1975 No. 67 >  July 31, 1975
OFFICES AND OFFICERS - STATE - UTILITIES AND TRANSPORTATION COMMISSION
REGULATION OF CERTAIN OIL TANKERS 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.
AGLO 1975 No. 68 >  August 7, 1975
COMMUNITY COLLEGES - EMPLOYEES - SALARIES - APPROPRIATION - STATE
SALARY INCREASES FOR COMMUNITY COLLEGE EMPLOYEES So much of § 11, chapter 269, Laws of 1975, 1st Ex. Sess., as provides that not more than $117,016,320 in general fund moneys shall be expended for the continuation of certain specified salary increases for state employees does not have the effect of prohibiting community college faculty and staff who are not covered by chapter 28B.16 RCW from being granted additional pay raises during the 1975-77 biennium in accordance with RCW 28B.50.140(3).
AGLO 1975 No. 80 >  September 18, 1975
OFFICES AND OFFICERS - STATE - HORSE RACING COMMISSION
DIVISION OF RACES WAC 260-12-010(22), an administrative regulation of the Washington horse racing commission permitting races which overfill to be contested in two or more divisions, remains a valid and legally defensible administrative regulation.
AGLO 1979 No. 20 >  May 10, 1979
TAXATION - STATE - FISH - APPLICABILITY OF FISH SALES TAX AND PRIVILEGE FEE TO COLD STORAGE FACILITIES
TAXATION ‑- STATE ‑- FISH ‑- APPLICABILITY OF FISH SALES TAX AND PRIVILEGE FEE TO COLD STORAGE FACILITIES


(1) When a cold storage facility receives, processes or stores fish caught either within or without the state of Washington, on behalf of others who retain ownership of the fish, that cold storage facility is not obligated to pay or collect either the fish sales tax (RCW 75.32.065) or the privilege fee (RCW 75.32.030).

(2) The exemption from the fish sales tax and privilege fee created by RCW 75.32.065(1) for ". . . frozen food fish . . . packaged for retail sales . . . previously landed in another state, territory or county . . ." does not include fish transported to the state of Washington packaged in ice.

(3) The Department of Fisheries, in collecting taxes and fees due but unpaid, may not administratively waive penalties and interest prescribed by RCW 75.32.101.

AGLO 1979 No. 22 >  May 29, 1979
OFFICES AND OFFICERS - STATE - ADJUTANT GENERAL - ACTIVE SERVICE - OUTSIDE EMPLOYMENT BY STATE ADJUTANT GENERAL
OFFICES AND OFFICERS ‑- STATE ‑- ADJUTANT GENERAL ‑- ACTIVE SERVICE ‑- OUTSIDE EMPLOYMENT BY STATE ADJUTANT GENERAL

(1) Under RCW 38.12.030 the governor, in appointing the state adjutant general, is required to order said appointee to active service as defined by RCW 38.04.010 and RCW 38.38.004.

(2) In view of those statutory definitions, the position of state adjutant general must be deemed to be a full-time job; while this does not mean that the adjutant general may not also have some other employment, it does mean that any such other employment must be secondary to the state position.

AGLO 1979 No. 26 >  July 19, 1979
OFFICES AND OFFICERS - STATE - UTILITIES AND TRANSPORTATION COMMISSION - COSTS - IMPOSITION OF COSTS OF INVESTIGATION ON REGULATED PUBLIC SERVICE COMPANIES
OFFICES AND OFFICERS ‑- STATE ‑- UTILITIES AND TRANSPORTATION COMMISSION ‑- COSTS ‑- IMPOSITION OF COSTS OF INVESTIGATION ON REGULATED PUBLIC SERVICE COMPANIES The cost assessment provisions of RCW 80.20.020 and RCW 81.20.020 are not applicable to a tariff change matter pending before the Washington Utilities and Transportation Commission unless and until the Commission (1) enters an order of suspension and assigns a cause number and (2) gives notice to the public service company involved of its intention, based upon its determination of necessity, to investigate; only when the Commission thus determines the need for an investigation and gives such notice by appropriate order are costs to be assessed against the public service company in accordance with the other conditions of the two statutes.
AGLO 1979 No. 30 >  September 17, 1979
OFFICES AND OFFICERS - STATE - DEPARTMENT OF SOCIAL AND HEALTH SERVICES - INSTITUTIONS - PRISONS - AUTHORITY TO CONVERT CEDAR CREEK YOUTH CAMP TO ADULT CORRECTIONAL FACILITY
OFFICES AND OFFICERS ‑- STATE ‑- DEPARTMENT OF SOCIAL AND HEALTH SERVICES ‑- INSTITUTIONS ‑- PRISONS ‑- AUTHORITY TO CONVERT CEDAR CREEK YOUTH CAMP TO ADULT CORRECTIONAL FACILITY The Department of Social and Health Services is authorized by the provisions of RCW 43.20A.220, RCW 72.01.050 and RCW 72.64.050, to convert the Cedar Creek Youth Camp from a juvenile facility into a minimum security honor camp for adults.
AGLO 1979 No. 36 >  October 16, 1979
TAXATION - STATE - SALES AND USE - DEFERRAL OF STATE SALES AND USE TAXES
TAXATION ‑- STATE ‑- SALES AND USE ‑- DEFERRAL OF STATE SALES AND USE TAXES The imposition of sales and use taxes on the acquisition of equipment may not be deferred by order of the Economic Assistance Authority under the provisions of RCW 43.31A.140 in any case where the buildings in which the equipment is to be installed are not, themselves, eligible investment projects.
AGLO 1979 No. 38 >  October 16, 1979
OFFICES AND OFFICERS - STATE - PUBLIC DISCLOSURE COMMISSION - LEGISLATIVE LOBBYING BY MEMBERS AND STAFF
OFFICES AND OFFICERS ‑- STATE ‑- PUBLIC DISCLOSURE COMMISSION ‑- LEGISLATIVE LOBBYING BY MEMBERS AND STAFF Explanation of the extent to which RCW 42.17.350 and RCW 42.17.190, as amended, permit members of the Public Disclosure Commission and its staff to lobby or otherwise communicate with the legislature.
AGLO 1979 No. 39 >  October 19, 1979
OFFICES AND OFFICERS - STATE - STATE LIBRARIAN - DISTRIBUTION OF SUPREME COURT AND COURT OF APPEALS REPORTS
OFFICES AND OFFICERS ‑- STATE ‑- STATE LIBRARIAN ‑- DISTRIBUTION OF SUPREME COURT AND COURT OF APPEALS REPORTS RCW 40.04.100 does not require that the State Law Librarian furnish a complete copy of all Washington Appellate Reports, including all decisions of the Supreme Court of the State of Washington and all decisions of the Washington State Court of Appeals, for each superior court courtroom regularly used by a superior court judge.
AGLO 1979 No. 40 >  November 13, 1979
OFFICES AND OFFICERS - STATE - ADJUTANT GENERAL - DETERMINATION OF COMPENSATION
OFFICES AND OFFICERS ‑- STATE ‑- ADJUTANT GENERAL ‑- DETERMINATION OF COMPENSATION It is not lawful for the state adjutant general, in view of his outside private employment, to be paid as full compensation for his services as adjutant general an annual salary lower than that prescribed by RCW 38.12.030.
AGLO 1979 No. 42 >  December 28, 1979
OFFICES AND OFFICERS - STATE - DEPARTMENT OF ECOLOGY - WATER - RIVERS - FLOOD CONTROL - AUTHORITY OF DEPARTMENT OF ECOLOGY TO REGULATE FLOOD CONTROL FACILITIES
OFFICES AND OFFICERS ‑- STATE ‑- DEPARTMENT OF ECOLOGY ‑- WATER ‑- RIVERS ‑- FLOOD CONTROL ‑- AUTHORITY OF DEPARTMENT OF ECOLOGY TO REGULATE FLOOD CONTROL FACILITIES

(1) Under RCW 86.16.035 the State Department of Ecology is authorized, in its discretion, to promulgate rules regulating the times when (a) the owner or operator of a "flood control facility" or (b) the owner or operator of any dam or other "water flow control facility" may release impounded water or otherwise alter the stream flow if the released water or altered stream flow might create a danger to life or property downstream.

(2) Under the same statute the Department of Ecology is also authorized to promulgate regulations requiring the notification of persons downstream or the posting of signs prior to the release of impounded water or other alteration in the stream flow by (a) a flood control dam or (b) any dam or water flow control facility when such release or alteration might create a danger to life or property below the dam.

AGLO 1978 No. 3 >  February 15, 1978
OFFICES AND OFFICERS - STATE - DEPARTMENT OF AGRICULTURE - FUNDS - APPROPRIATIONS - TRANSFER OF CERTAIN LOCAL FUNDS
OFFICES AND OFFICERS ‑- STATE ‑- DEPARTMENT OF AGRICULTURE ‑- FUNDS ‑- APPROPRIATIONS ‑- TRANSFER OF CERTAIN LOCAL FUNDS RCW 43.09.210 does not prohibit the making of those fund transfers by the Department of Agriculture which are provided for in § 31, chapter 339, Laws of 1977, 1st Ex. Sess., as a condition to certain appropriations to the state Department of General Administration.
AGLO 1978 No. 6 >  March 6, 1978
OFFICES AND OFFICERS - STATE - WASHINGTON STATE CRIMINAL JUSTICE TRAINING COMMISSION - LAW ENFORCEMENT - ADMINISTRATION OF TESTS TO LAW ENFORCEMENT OFFICERS
OFFICES AND OFFICERS ‑- STATE ‑- WASHINGTON STATE CRIMINAL JUSTICE TRAINING COMMISSION ‑- LAW ENFORCEMENT ‑- ADMINISTRATION OF TESTS TO LAW ENFORCEMENT OFFICERS The Washington State Criminal Justice Training Commission does not presently possess the legal authority to administer qualifying examinations to all persons seeking appointment or employment to positions in law enforcement within the various local communities of the state.
AGLO 1978 No. 7 >  March 13, 1978
OFFICES AND OFFICERS - STATE - DEPARTMENT OF ECOLOGY - BONDS - GARBAGE - BONDS FOR ACQUISITION OF PUBLIC WASTE DISPOSAL FACILITIES - USE OF PROCEEDS FOR ACQUISITION OF GARBAGE TRUCKS
OFFICES AND OFFICERS ‑- STATE ‑- DEPARTMENT OF ECOLOGY ‑- BONDS ‑- GARBAGE ‑- BONDS FOR ACQUISITION OF PUBLIC WASTE DISPOSAL FACILITIES ‑- USE OF PROCEEDS FOR ACQUISITION OF GARBAGE TRUCKS

(1) In view of the amendment to chapter 128, Laws of 1972, 1st Ex. Sess. (Referendum 26) which is contained in chapter 242, Laws of 1972, 1st Ex. Sess., the proceeds of bonds issued pursuant thereto may not be made available to counties or other public bodies for the acquisition of trucks or other vehicles to be used in the transporting of garbage from its source in residential, commercial and industrial areas either to drop-box or transfer stations or directly to landfills and recovery facilities.

(2) The foregoing bond proceeds may, however, continue to be used for the acquisition of land and equipment for use in relation to the operation of sanitary landfills, resource recovery facilities, drop-box and transfer stations, and equipment for the transfer of solid waste from such stations to landfills and recovery facilities.

AGLO 1978 No. 10 >  March 17, 1978
OFFICES AND OFFICERS - STATE - PARKS AND RECREATION COMMISSION - APPROPRIATIONS - USE OF FULL APPROPRIATION TO ACQUIRE LESSER AMOUNT OF REAL PROPERTY
OFFICES AND OFFICERS ‑- STATE ‑- PARKS AND RECREATION COMMISSION ‑- APPROPRIATIONS ‑- USE OF FULL APPROPRIATION TO ACQUIRE LESSER AMOUNT OF REAL PROPERTY Because of the provisions of Article VIII, § 4 (Amendment 11) of the Washington State Constitution, the full amount of $375,000 which was appropriated to the State Parks and Recreation Commission by § 15(14), chapter 338, Laws of 1977, 1st Ex.Sess., ". . . for the acquisition of 124 acres adjacent to Dash Point state park . . ." may not be expended for the purchase of a smaller, 75-acre portion of the larger tract.
AGLO 1978 No. 14 >  April 17, 1978
OFFICES AND OFFICERS - STATE - SECRETARY OF STATE - CORPORATIONS - LICENSES - FEES - RESTORATION OF PRIVILEGE TO DO BUSINESS
OFFICES AND OFFICERS ‑- STATE ‑- SECRETARY OF STATE ‑- CORPORATIONS ‑- LICENSES ‑- FEES ‑- RESTORATION OF PRIVILEGE TO DO BUSINESS Under the provisions of RCW 23A.40.075 and related statutes, the Secretary of State does not have the legal authority to exercise discretion and restore the privilege of doing business to a corporation which has failed to acquire an annual license fee for three years and which has failed to reinstate within the following two years.
AGLO 1978 No. 15 >  May 4, 1978
OFFICES AND OFFICERS - STATE - PLANNING AND COMMUNITY AFFAIRS AGENCY - QUALIFICATION AS PUBLIC HOUSING AGENCY
OFFICES AND OFFICERS ‑- STATE ‑- PLANNING AND COMMUNITY AFFAIRS AGENCY ‑- QUALIFICATION AS PUBLIC HOUSING AGENCY The Washington State Planning and Community Affairs Agency, under chapter 43.63A RCW, is in possession of such powers and functions as are necessary to allow it to serve as a "public housing agency" for the limited purpose of receiving and distributing federal funds under Title II, § 8(b)(2) of the Housing and Community Development Act of 1974 (PL 93-383).
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 1978 No. 17 >  May 30, 1978
OFFICES AND OFFICERS - STATE - LEGISLATOR - PUBLIC UTILITY DISTRICT - APPOINTMENT OR ELECTION OF LEGISLATOR TO PUD COMMISSION
OFFICES AND OFFICERS ‑- STATE ‑- LEGISLATOR ‑- PUBLIC UTILITY DISTRICT ‑- APPOINTMENT OR ELECTION OF LEGISLATOR TO PUD COMMISSION An individual who was serving as a member of the state House of Representatives at the time chapter 157, Laws of 1977, 1st Ex.Sess. was enacted may lawfully be elected, in November of 1978, to fill the then existing remainder of an unexpired term in the office of public utility district commissioner.
AGLO 1978 No. 18 >  June 1, 1978
OFFICES AND OFFICERS - STATE - WASHINGTON STATE CRIMINAL JUSTICE TRAINING COMMISSION - LAW ENFORCEMENT - INDIANS - TRAINING INDIAN TRIBAL POLICE OFFICERS
OFFICES AND OFFICERS ‑- STATE ‑- WASHINGTON STATE CRIMINAL JUSTICE TRAINING COMMISSION ‑- LAW ENFORCEMENT ‑- INDIANS ‑- TRAINING INDIAN TRIBAL POLICE OFFICERS

(1) Indian tribal police officers do not constitute "law enforcement personnel" for the purposes of chapter 43.101 RCW so as to require the Washington Criminal Justice Training Commission to provide them with open access to its basic law enforcement training programs without charge unless they have also been cross-commissioned or deputized as city police officers or deputy county sheriffs.

(2) The Washington Criminal Justice Training Commission may, however, in its discretion enter into an interlocal cooperation agreement under chapter 39.34 RCW with a federally-recognized Indian tribe to provide law enforcement training to tribal police personnel.

AGLO 1978 No. 30 >  September 13, 1978
OFFICES AND OFFICERS - STATE - STATE CAPITOL COMMITTEE - CHANGES IN USE OF STATE BUILDINGS IN THURSTON COUNTY
OFFICES AND OFFICERS ‑- STATE ‑- STATE CAPITOL COMMITTEE ‑- CHANGES IN USE OF STATE BUILDINGS IN THURSTON COUNTY

(1) While the approval of the State Capitol Committee is not required by RCW 43.82.020 in connection with the reallocation of office space assignments as between state agencies within an existing state‑owned building in Thurston County, the committee's approval is required prior to any change in the basic use of such a building or its demolition and replacement by a new facility regardless of when the underlying real estate was acquired by the state.

(2) The term "acquisition," as used in RCW 43.82.020, does not include either the renting or leasing of real estate in Thurston County.

AGLO 1978 No. 33 >  October 23, 1978
OFFICES AND OFFICERS - STATE - DEPARTMENT OF FISHERIES - FISH - INDIANS - DISPOSITION OF SURPLUS EDIBLE SALMON TO FEDERALLY-RECOGNIZED INDIAN TRIBES
OFFICES AND OFFICERS ‑- STATE ‑- DEPARTMENT OF FISHERIES ‑- FISH ‑- INDIANS ‑- DISPOSITION OF SURPLUS EDIBLE SALMON TO FEDERALLY-RECOGNIZED INDIAN TRIBES For lack of statutory authority (and not because of any constitutional objection), the State Department of Fisheries may not give (i.e., transfer without monetary consideration) surplus edible salmon which have come within its possession or ownership, no matter how obtained, to a federally-recognized Indian tribe (or individual members thereof)‑-except in the case of spawned-out salmon and salmon in spawning condition to the extent permitted by RCW 75.12.130; the department may, however, sell any such other salmon to a federally-recognized Indian tribe for whatever price may be agreed upon between the department and the tribe rather than (necessarily) full market value.
AGLO 1978 No. 35 >  October 27, 1978
OFFICES AND OFFICERS - STATE - DATA PROCESSING AUTHORITY - COURTS - ACQUISITION OF DATA PROCESSING EQUIPMENT
OFFICES AND OFFICERS ‑- STATE ‑- DATA PROCESSING AUTHORITY ‑- COURTS ‑- ACQUISITION OF DATA PROCESSING EQUIPMENT

(1) The Washington Supreme Court, acting through the Office of the Administrator for the Courts, is governed by the provisions of RCW 43.105.041(5) which prohibit ". . . agencies and institutions of state government . . ." from acquiring data processing equipment without a delegation of authority from the Washington State Data Processing Authority.

(2) The Data Processing Authority may delegate such authority to the Supreme Court and/or the Office of the Administrator for the Courts under appropriate standards.

(3) While the Supreme Court may adopt its own rules governing the use of data processing equipment within the courts, once acquired, it may not by so doing, supersede the provision of RCW 43.105.041(5) relative to acquisition.

AGLO 1978 No. 38 >  December 7, 1978
OFFICERS AND EMPLOYEES - STATE - SALARIES - PAYROLL DEDUCTIONS - BLANKET DEDUCTIONS FOR THE PAYMENT OF INSURANCE PREMIUMS
OFFICERS AND EMPLOYEES ‑- STATE ‑- SALARIES ‑- PAYROLL DEDUCTIONS ‑- BLANKET DEDUCTIONS FOR THE PAYMENT OF INSURANCE PREMIUMS A payroll deduction authorization submitted by a state officer or employee for the payment of accident and casualty insurance premiums would not be in compliance with RCW 41.04.230(7) if the authorization were indefinite as to the amount to be deducted or not capable of being determined with reference to a set schedule.
AGLO 1977 No. 2 >  January 11, 1977
OFFICES AND OFFICERS - STATE - ENERGY FACILITY SITE EVALUATION COUNCIL - APPLICABILITY OF SITING ACT TO CERTAIN FACILITY
OFFICES AND OFFICERS ‑- STATE ‑- ENERGY FACILITY SITE EVALUATION COUNCIL ‑- APPLICABILITY OF SITING ACT TO CERTAIN FACILITY Because of the definitions of certain key terms in RCW 80.50.020(17) it is not possible to determine in advance of the commencement of operation whether a certain proposed project of the Mobil Oil Company in Whatcom county will be such as to be subject to a requirement of site certification under the provisions of chapter 80.50 RCW (the state siting law).
AGLO 1975 No. 87 >  October 8, 1975
OFFICES AND OFFICERS - STATE - DEPARTMENT OF FISHERIES - FISH - INDIANS
SALE OF FISHING VESSELS TO INDIANS If the department of fisheries purchases commercial fishing vessels under chapter 183, Laws of 1975, 1st Ex. Sess., the department may not then sell those vessels to Indians residing in this state for their use in commercial fishing activities in Washington waters.
AGLO 1975 No. 88 >  October 29, 1975
OFFICES AND OFFICERS - STATE - DEPARTMENT OF NATURAL RESOURCES - TIMBER
CONSTITUTIONALITY OF RESTRICTIONS UPON LOG EXPORTS (1) Proposed legislation requiring all timber sold by the state, including that standing on lands covered by §§ 1 and 2, Article XVI of the state constitution, to be primarily processed by a manufacturing establishment employing Washington residents and situated within the United States would probably be unconstitutional under the commerce clause of Article I, § 8 of the United States Constitution and would be at least questionable under §§ 1 and 2, Article XVI of the state constitution.
AGLO 1975 No. 96 >  December 19, 1975
OFFICES AND OFFICERS - STATE - LEGISLATORS
CONSTITUTIONALITY OF PROPOSED LEGISLATIVE PAY RAISES The legislature may provide for salary increases for its own members but such increases may not become effective until the commencement of the next ensuing terms of office after the enactment of the law increasing salaries.
AGLO 1975 No. 98 >  December 26, 1975
OFFICES AND OFFICERS - STATE - BOARD OF PRISON TERMS AND PAROLES - CRIMES - HABITUAL CRIMINALS
MINIMUM TERM OF CONFINEMENT In the case of a person convicted of three counts of armed robbery and found to be an habitual criminal because of previous convictions also involving the use of a fire arm, with the maximum sentences imposed by the court being ordered to run consecutively on two counts and concurrently as to the third, the minimum term of confinement which may be fixed by the board of prison terms and paroles under either RCW 9.41.025 or RCW 9.95.040 is one of fifteen years.
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 1977 No. 7 >  February 18, 1977
OFFICES AND OFFICERS - STATE - HOSPITAL COMMISSION - DISTRICTS - HOSPITAL - APPLICABILITY OF CHAPTER 70.39 RCW TO HOSPITAL DISTRICTS
OFFICES AND OFFICERS ‑- STATE ‑- HOSPITAL COMMISSION ‑- DISTRICTS ‑- HOSPITAL ‑- APPLICABILITY OF CHAPTER 70.39 RCW TO HOSPITAL DISTRICTS

The provisions of RCW 70.39.140 et seq., under which hospital rates and related matters are regulated by the state hospital commission, are applicable to hospitals maintained and operated by public hospital districts formed under chapter 70.44 RCW.

AGLO 1977 No. 10 >  March 15, 1977
OFFICES AND OFFICERS - STATE - STATE BOARD FOR COMMUNITY COLLEGE EDUCATION - ELIGIBILITY OF PERSONS EMPLOYED BY OTHER EDUCATIONAL INSTITUTIONS
OFFICES AND OFFICERS ‑- STATE ‑- STATE BOARD FOR COMMUNITY COLLEGE EDUCATION ‑- ELIGIBILITY OF PERSONS EMPLOYED BY OTHER EDUCATIONAL INSTITUTIONS Because of the provisions of RCW 28B.50.050 a member of the faculty at the University of Washington, being employed by the board of regents of that institution, is ineligible for simultaneous service as a member of the state board for community college education.
AGLO 1977 No. 14 >  April 5, 1977
OFFICES AND OFFICERS - STATE - UNIVERSITY OF WASHINGTON - CONSTITUTIONALITY OF PROPOSED MEDICAL SCHOOL ADMISSION PROGRAM
OFFICES AND OFFICERS ‑- STATE ‑- UNIVERSITY OF WASHINGTON ‑- CONSTITUTIONALITY OF PROPOSED MEDICAL SCHOOL ADMISSION PROGRAM Legislation requiring the establishment of a program at the University of Washington Medical School giving preferential treatment to Washington residents who are attending or have attended medical schools in certain foreign countries by providing for special admission, transfer, accreditation or clinical training for such students would, if enacted, be constitutionally defensible.
AGLO 1977 No. 15 >  April 7, 1977
OFFICES AND OFFICERS - STATE - DEPARTMENT OF NATURAL RESOURCES - SHORELANDS - CONSTRUCTION OF PRIVATE PIER
OFFICES AND OFFICERS ‑- STATE ‑- DEPARTMENT OF NATURAL RESOURCES ‑- SHORELANDS ‑- CONSTRUCTION OF PRIVATE PIER The department of natural resources does not have the legal authority under existing law to permit an upland owner whose land abuts on second class shorelands owned by the state of Washington to construct a private pier on such shorelands without charge.
AGLO 1977 No. 17 >  April 12, 1977
OFFICES AND OFFICERS - STATE - EMPLOYMENT SECURITY - UNEMPLOYMENT COMPENSATION - COLLECTION OF UNEMPLOYMENT COMPENSATION TAXES BY PROCEEDING AGAINST CONTRACTORS' SECURITY DEPOSITS
OFFICES AND OFFICERS ‑- STATE ‑- EMPLOYMENT SECURITY ‑- UNEMPLOYMENT COMPENSATION ‑- COLLECTION OF UNEMPLOYMENT COMPENSATION TAXES BY PROCEEDING AGAINST CONTRACTORS' SECURITY DEPOSITS The state department of employment security is not required first to obtain an inrem court judgment before a warrant issued by the department against a building contractor for unemployment compensation taxes and contributions may be executed against the contractor's security deposit under RCW 18.27.040.
AGLO 1977 No. 18 >  April 26, 1977
OFFICES AND OFFICERS - STATE - DEPARTMENT OF SOCIAL AND HEALTH SERVICES - ADOPTION - CHILDREN - PREPARATION OF NEXT FRIEND AND PREPLACEMENT REPORTS BY DEPARTMENT
OFFICES AND OFFICERS ‑- STATE ‑- DEPARTMENT OF SOCIAL AND HEALTH SERVICES ‑- ADOPTION ‑- CHILDREN ‑- PREPARATION OF NEXT FRIEND AND PREPLACEMENT REPORTS BY DEPARTMENT Discussion of the circumstances under which the department of social and health services is either required or authorized to provide next friend and preplacement reports in connection with proceedings for adoption of child; authority of the department to charge a fee for such services.
AGLO 1974 No. 18 >  February 4, 1974
OFFICES AND OFFICERS - STATE - THERMAL POWER PLANT SITE EVALUATION COUNCIL - COUNTIES - COMPOSITION OF COUNCIL
COUNTY REPRESENTATIVE The representative of a county who is to be appointed to the thermal power plant site evaluation council under RCW 80.50.030(4) whenever an application for a proposed thermal power plant site within the county is filed with the council is required to be a member of the legislative authority of the county.
AGLO 1977 No. 23 >  June 9, 1977
OFFICES AND OFFICERS - STATE - LEGISLATOR - SALARIES - ELIGIBILITY FOR ELECTION OR APPOINTMENT UNDER ARTICLE II, § 13 OF THE STATE CONSTITUTION
OFFICES AND OFFICERS ‑- STATE ‑- LEGISLATOR ‑- SALARIES ‑- ELIGIBILITY FOR ELECTION OR APPOINTMENT UNDER ARTICLE II, § 13 OF THE STATE CONSTITUTION

(1) The provisions of Article II, § 13 of the state constitution would not prevent an incumbent state representative elected in November of 1976 from being appointed or elected to the state senate for the remainder of an unexpired term regardless of whether or not a salary increase bill is enacted by the legislature at its current session since any such increase could not constitutionally take effect until the commencement of a new term of office.

(2) The filing fee to be paid under RCW 29.18.050 by a candidate seeking election to the state senate from the 33rd district for the remainder of the current unexpired term will be $38.00.

AGLO 1977 No. 24 >  June 17, 1977
OFFICES AND OFFICERS - STATE - COUNCIL ON POSTSECONDARY EDUCATION - STATUS OF CITIZEN MEMBERS APPOINTED PRIOR TO JULY 1, 1975
OFFICES AND OFFICERS ‑- STATE ‑- COUNCIL ON POSTSECONDARY EDUCATION ‑- STATUS OF CITIZEN MEMBERS APPOINTED PRIOR TO JULY 1, 1975 Those persons appointed to the council on higher education (now council for postsecondary education) prior to the enactment of chapter 132, Laws of 1975, 1st Ex. Sess., are not now, as a consequence thereof, subject to a requirement of reconfirmation or rejection by the state senate.
AGLO 1977 No. 25 >  June 22, 1977
OFFICES AND OFFICERS - STATE - PARKS AND RECREATION COMMISSION - COMMISSIONER OF PUBLIC LANDS - RESERVATION OF MINERAL RIGHTS IN FORMER STATE PARK LANDS
OFFICES AND OFFICERS ‑- STATE ‑- PARKS AND RECREATION COMMISSION ‑- COMMISSIONER OF PUBLIC LANDS ‑- RESERVATION OF MINERAL RIGHTS IN FORMER STATE PARK LANDS Where, in disposing of land no longer needed for park purposes under RCW 43.51.210, the state parks and recreation commission reserves mineral rights in that land, the mineral rights thus reserved become subject to administration by the state department of natural resources under the provisions of RCW 79.01.612 unless those mineral rights have themselves been reserved for some specific and legitimate park purpose.
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 1974 No. 23 >  February 25, 1974
OFFICES AND OFFICERS - STATE - TREASURER - PUBLIC DEPOSIT PROTECTION COMMISSION - INTEREST
DEPOSITS OF STATE FUNDS From and after the effective date of chapter 50, Laws of 1974, 1st Ex. Sess., the public deposit protection commission will no longer have any interest-fixing function to perform with respect to investment deposits made by the state treasurer of state funds in his custody.
AGLO 1974 No. 24 >  March 1, 1974
INITIATIVE NO. 276 - ADMINISTRATIVE CODE - OFFICES AND OFFICERS - STATE
WOMEN'S COUNCIL (1) The term "state agency" as used in RCW 42.17.250 includes, in addition to all of the various statutory state boards and commissions, such nonstatutory boards as the Washington state women's council. (2) While the descriptive rule contemplated by RCW 34.04.020 (2), the state administrative procedures act, is among the items covered by RCW 42.17.250, it is not the only thing which state agencies are required to publish by reason of that section of Initiative No. 276.
AGLO 1974 No. 26 >  March 4, 1974
OFFICES AND OFFICERS - STATE - DEPARTMENT OF SOCIAL AND HEALTH SERVICES - BONDS
FUNDING OF IMPROVEMENTS AT THE STATE VETERANS' HOME AND STATE SOLDIERS' HOME Because they are included in the comprehensive plan for social and health service facilities provided for under chapter 130, Laws of 1972, Ex. Sess., capital improvements at the state veterans' home and state soldiers' home may be funded with the proceeds of general obligation bonds issued under that act.
AGLO 1977 No. 30 >  July 15, 1977
OFFICES AND OFFICERS - STATE - STATE BOARD FOR COMMUNITY COLLEGE EDUCATION - COMMUNITY COLLEGES - APPROPRIATIONS - EMPLOYEES
OFFICES AND OFFICERS ‑- STATE ‑- STATE BOARD FOR COMMUNITY COLLEGE EDUCATION ‑- COMMUNITY COLLEGES ‑- APPROPRIATIONS ‑- EMPLOYEES The state board for community college education may not use funds from the appropriation contained in § 114, chapter 339, Laws of 1977, 1st Ex.Sess., to fund staff positions in minority affairs in the office of the state board itself.
AGLO 1977 No. 31 >  July 15, 1977
OFFICES AND OFFICERS - STATE - STATE BOARD FOR COMMUNITY COLLEGE EDUCATION - ELIGIBILITY FOR SERVICE AS A MEMBER
OFFICES AND OFFICERS ‑- STATE ‑- STATE BOARD FOR COMMUNITY COLLEGE EDUCATION ‑- ELIGIBILITY FOR SERVICE AS A MEMBER A certain individual would not be rendered ineligible to serve on the state board for community college education under RCW 28B.50.050 by reason of his execution of a given personal service contract with the Institute for Educational Leadership.
AGLO 1977 No. 34 >  July 27, 1977
OFFICES AND OFFICERS - STATE - JUDGES OF THE SUPERIOR COURT - ELECTIONS - PROCEDURE TO FILL NEW JUDGESHIPS
OFFICES AND OFFICERS ‑- STATE ‑- JUDGES OF THE SUPERIOR COURT ‑- ELECTIONS ‑- PROCEDURE TO FILL NEW JUDGESHIPS

(1) An election will be required to be conducted on November 8, 1977, in connection with the several new superior court judgeships which, under Chapter 311, supra, will become effective on November 1, 1977.

(2) It is proper for filings to be accepted by the Secretary of State or the appropriate county auditors for those new superior court judgeships in accordance with RCW 29.18.030 during the week of July 25-29, 1977.

AGLO 1973 No. 10 >  January 17, 1973
EMPLOYEES - STATE - RETROACTIVE PAY RAISES
EMPLOYEES ‑- STATE ‑- RETROACTIVE PAY RAISES A purely retroactive pay increase for state employees, not involving either the Aldrich or Christie situations, would be unconstitutional under Article II, § 25 (Amendment 35) of the Washington Constitution.
AGLO 1973 No. 18 >  February 1, 1973
OFFICES AND OFFICERS - STATE - FINANCE COMMITTEE - ISSUANCE OF CERTIFICATES OF INDEBTEDNESS
OFFICES AND OFFICERS ‑- STATE ‑- FINANCE COMMITTEE ‑- ISSUANCE OF CERTIFICATES OF INDEBTEDNESS Certificates of indebtedness, as that term is used in Article VIII, § 1 (j) of the Washington State Constitution, as amended by H.J.R. No. 52, may be issued pursuant to the authority granted the state finance committee in chapter 184, Laws of 1971, 1st Ex. Sess., without the enactment of additional legislation.
AGLO 1973 No. 19 >  February 2, 1973
OFFICES AND OFFICERS - STATE - DEPARTMENT OF NATURAL RESOURCES - SALE OF TIDE OR SHORE LANDS - RESERVATION OF MINERAL RIGHTS
OFFICES AND OFFICERS ‑- STATE ‑- DEPARTMENT OF NATURAL RESOURCES ‑- SALE OF TIDE OR SHORE LANDS ‑- RESERVATION OF MINERAL RIGHTS When the department of natural resources sells, transfers or exchanges state, tide or shore lands to another governmental agency under the provisions of RCW 39.33.010, the contract of sale and deed does not have to contain the reservations of mineral rights set out in RCW 79.01.224.
AGLO 1973 No. 20 >  February 2, 1973
OFFICES AND OFFICERS - STATE - ELECTED OFFICIALS - SALARY RAISES
OFFICES AND OFFICERS ‑- STATE ‑- ELECTED OFFICIALS ‑- SALARY RAISES If the legislature provides for salary increases for state elected officials by including such increases in a supplemental appropriation act covering the remainder of the current (1971-73) fiscal biennium, based upon recommendations submitted by the governor under RCW 43.03.045, such salary increases will be valid.
AGLO 1973 No. 27 >  February 22, 1973
OFFICES AND OFFICERS - STATE - DEPARTMENT OF SOCIAL AND HEALTH SERVICES - AGE OF MAJORITY - AID TO DEPENDENT CHILDREN - SUPPORT OBLIGATIONS
OFFICES AND OFFICERS ‑- STATE ‑- DEPARTMENT OF SOCIAL AND HEALTH SERVICES ‑- AGE OF MAJORITY ‑- AID TO DEPENDENT CHILDREN ‑- SUPPORT OBLIGATIONS Enforceability of pre‑1971 child support orders between ages of 18 and 21; obligation of the department of social and health services under RCW 74.20.040 to assist in invalidating such orders.
AGLO 1973 No. 28 >  February 22, 1973
OFFICES AND OFFICERS - STATE - LIQUOR CONTROL BOARD - EXTENSION OF CREDIT TO RETAIL LICENSEES
OFFICES AND OFFICERS ‑- STATE ‑- LIQUOR CONTROL BOARD ‑- EXTENSION OF CREDIT TO RETAIL LICENSEES RCW 66.28.010 prohibits a liquor manufacturer or wholesaler from extending thirty days credit on sales of liquor to retail licensees.
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. 34 >  March 7, 1973
OFFICES AND OFFICERS - STATE - SOCIAL AND HEALTH SERVICES - BONDS - AVAILABILITY OF FUNDS FROM BOND PROCEEDS - CRIMINAL JUSTICE CENTER
OFFICES AND OFFICERS ‑- STATE ‑- SOCIAL AND HEALTH SERVICES ‑- BONDS ‑- AVAILABILITY OF FUNDS FROM BOND PROCEEDS ‑- CRIMINAL JUSTICE CENTER Consideration of the availability of funds received from the sale of bonds authorized by Referendums 29 and 31 for the construction and acquisition of a criminal justice court as contemplated by Senate Bill 2132 and House Bill 168 (1973).
AGLO 1973 No. 40 >  March 22, 1973
OFFICES AND OFFICERS - STATE - LEGISLATORS - PUBLIC OFFICE, ELECTIONS - ELIGIBILITY
OFFICES AND OFFICERS ‑- STATE ‑- LEGISLATORS ‑- PUBLIC OFFICE, ELECTIONS ‑- ELIGIBILITY Extent to which Article II, § 13 of the Washington Constitution, relating to the eligibility of legislators for election or appointment to civil office, has been affected by the adoption of Article XXX, § 1, Amendment 54; criteria to be applied in determining when a legislator will be eligible to be appointed or elected to a civil office which was either created during his legislative term or for which a pay raise was then granted.
AGLO 1973 No. 50 >  April 30, 1973
ELECTIONS - OFFICES AND OFFICERS - STATE - LEGISLATORS
ELECTIONS ‑- OFFICES AND OFFICERS ‑- STATE ‑- LEGISLATORS An incumbent member of the house of representatives now serving a two-year term to which he was elected in November, 1972, may be a candidate for an unexpired term in the state senate to be filled at the November 6, 1973, general election ‑ as also, may be either a house member thus elected in November of 1972 who later resigned that position to accept appointment to the senate, or a senator or representative now serving as such by appointment under Article II, § 15 (Amendment 52), supra.
AGLO 1973 No. 53 >  May 21, 1973
ELECTIONS - OFFICES AND OFFICERS - STATE - LEGISLATORS - SALARY
ELECTIONS ‑- OFFICES AND OFFICERS ‑- STATE ‑- LEGISLATORS ‑- SALARY The salary applicable to the remainder of an unexpired legislative term filled by election in November, 1973, (as provided in chapter 4, Laws of 1973) will be $3,600 per annum, the same salary as was fixed by law at the commencement of that term.
AGLO 1973 No. 57 >  May 29, 1973
EMPLOYEES - STATE - SALARIES - CONSTITUTIONALITY OF RETROACTIVE TERMINAL LEAVE PAY AND OTHER BENEFITS
EMPLOYEES ‑- STATE ‑- SALARIES ‑- CONSTITUTIONALITY OF RETROACTIVE TERMINAL LEAVE PAY AND OTHER BENEFITS A proposal to amend House Bill No. 1054 at the September legislative session so as to cause the terminal leave benefits provided for therein to be applicable, retroactively, to employees previously terminated by reason of the state facility to be closed would be unconstitutional.
AGLO 1973 No. 60 >  May 31, 1973
OFFICES AND OFFICERS - STATE - SUPERINTENDENT OF PUBLIC INSTRUCTION - SUPREME COURT DECISION WEISS V. BRUNO - FINANCIAL ASSISTANCE FOR NEEDY AND DISADVANTAGED STUDENTS
OFFICES AND OFFICERS ‑- STATE ‑- SUPERINTENDENT OF PUBLIC INSTRUCTION ‑- SUPREME COURT DECISION WEISS V. BRUNO ‑- FINANCIAL ASSISTANCE FOR NEEDY AND DISADVANTAGED STUDENTS The Washington Supreme Court's decision in Weiss v. Bruno, 82 Wn.2d 199 (1973), renders action by the state board in implementation of chapter 81, Laws of 1973 (providing for state financial assistance to students attending private and public schools) unconstitutional.
AGLO 1973 No. 65 >  June 15, 1973
OFFICES AND OFFICERS - STATE - SECRETARY OF STATE - CORPORATIONS - NOTIFICATION TO APPOINT REGISTERED AGENTS
OFFICES AND OFFICERS ‑- STATE ‑- SECRETARY OF STATE ‑- CORPORATIONS ‑- NOTIFICATION TO APPOINT REGISTERED AGENTS 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 1973 No. 73 >  July 5, 1973
OFFICES AND OFFICERS - STATE - DEPARTMENT OF NATURAL RESOURCES - SHORELINES MANAGEMENT ACT OF 1971 - TIMBER - STATE LANDS
OFFICES AND OFFICERS ‑- STATE ‑- DEPARTMENT OF NATURAL RESOURCES ‑- SHORELINES MANAGEMENT ACT OF 1971 ‑- TIMBER ‑- STATE LANDS(1) (1) In order to engage in the logging of timber within "shorelines of the state" as that term is used in chapter 90.58 RCW, the Shorelines Management Act of 1971, a person will be required to obtain a permit under RCW 90.58.140 (2) under certain factual circumstances.
 
(2) The Shorelines Management Act of 1971 applies to the activities of the state department of natural resources on state‑owned lands under its administrative jurisdiction where such lands are within the "shorelines of the state."
AGLO 1974 No. 38 >  March 26, 1974
OFFICES AND OFFICERS - STATE - HUMAN RIGHTS COMMISSION - EDUCATION - SCHOOLS
REDEFINITION OF UNFAIR PRACTICES It would not be unconstitutional under Amendment 61 to the Washington state Constitution for the legislature to amend the state law against discrimination so as to declare certain classifications by sex not to constitute an unfair practice.
AGLO 1974 No. 41 >  April 3, 1974
OFFICES AND OFFICERS - STATE - URBAN ARTERIAL BOARD - CITIES AND TOWNS - MOTOR VEHICLES - HIGHWAYS - FUNDS
BAY FREEWAY The city of Seattle may not use moneys in its arterial street fund to repay the urban arterial board for state funds expended by that city in the purchase of right-of-way for the now abandoned Bay Freeway project.
AGLO 1974 No. 57 >  May 23, 1974
OFFICES AND OFFICERS - STATE - TREASURER - INTEREST
AUTHORITY OF STATE TREASURER TO ALLOCATE TIME DESPOSITS On and after the effective date of chapter 50, Laws of 1974, 1st Ex. Sess., the state treasurer, acting pursuant to chapter 123, Laws of 1973, Ex. Sess., will continue to have the authority to allocate time deposits of state funds among participating depositaries "on a basis to be determined by the state treasurer. . . ."
AGLO 1974 No. 64 >  July 1, 1974
OFFICES AND OFFICERS - STATE - INSURANCE COMMISSIONER - INSURANCE
POWERS OF WASHINGTON LIFE AND DISABILITY INSURANCE GUARANTY ASSOCIATION WITH RESPECT TO FEDERAL OLD LINE POLICIES 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 1974 No. 65 >  July 5, 1974
DISTRICTS - SCHOOLS - FUNDS - OFFICES AND OFFICERS - STATE - SUPERINTENDENT OF PUBLIC INSTRUCTION
FAILURE TO CONDUCT SCHOOL FOR 180 DAYS (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 1974 No. 67 >  July 9, 1974
CITIES AND TOWNS - LIQUOR - OFFICES AND OFFICERS - STATE - LIQUOR LIQUOR CONTROL BOARD
ISSUANCE OF RETAIL LIQUOR LICENSE TO CITIES AND TOWNS (1) Assuming that all of its officers are United States citizens, an incorporated city or town may be issued a retail liquor license by the state liquor control board under the provisions of RCW 66.24.010. (2) The liquor control board, acting through its enforcement officers and subject to the applicable provisions of the Administrative Procedures Act, may enforce the liquor act and related regulations in the case of violations thereof by an incorporated city or town as licensee.
AGLO 1974 No. 70 >  July 23, 1974
OFFICES AND OFFICERS - STATE - PERSONNEL BOARD - COLLECTIVE BARGAINING - CIVIL SERVICE - LABOR
AUTHORITY OF STATE PERSONNEL BOARD TO EXCLUDE SUPERVISORS The Washington State Personnel Board has the statutory authority under RCW 41.06.150 to promulgate rules defining and excluding "executive management," "supervisors" and "individuals regularly privy to confidential matters affecting the employer-employee relationship" from the right to bargain collectively with their appointing authorities, as it does currently under merit system rules 356-06-010 and 356-42-010(2).
AGLO 1973 No. 84 >  July 25, 1973
OFFICES AND OFFICERS - STATE - PERSONNEL BOARD - CIVIL SERVICE - EMPLOYEES - PROBATIONARY PERIOD
OFFICES AND OFFICERS ‑- STATE ‑- PERSONNEL BOARD ‑- CIVIL SERVICE ‑- EMPLOYEES ‑- PROBATIONARY PERIOD The state personnel board may by regulation require permanent employees in the classified service (i.e., employees who have successfully completed an initial six-months probationary period) to serve another six-month probationary period in any higher class of covered employment to which they are later promoted in order to obtain permanent status in that class as distinguished from their previously acquired permanent status in the civil service system per se.
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 1973 No. 101 >  October 24, 1973
OFFICES AND OFFICERS - STATE - LEGISLATOR - COUNTY COMMISSIONERS - VACANCY IN OFFICE
OFFICES AND OFFICERS ‑- STATE ‑- LEGISLATOR ‑- COUNTY COMMISSIONERS ‑- VACANCY IN OFFICE (1) A board of county commissioners may not appoint one of its members to fill a vacancy in the state House of Representatives.
 
(2) If a county commissioner were to resign for the sole purpose of accepting an appointment to the House of Representatives under a prior agreement to that effect with the board of which he was a member, the member would still be ineligible for the appointment notwithstanding his resignation.
AGLO 1973 No. 102 >  November 5, 1973
OFFICES AND OFFICERS - STATE - LABOR AND INDUSTRIES - RAILROADS - WASHINGTON INDUSTRIAL SAFETY HEALTH ACT
OFFICES AND OFFICERS ‑- STATE ‑- LABOR AND INDUSTRIES ‑- RAILROADS ‑- WASHINGTON INDUSTRIAL SAFETY HEALTH ACT The Washington Industrial Safety Health Act, chapter 80, Laws of 1973, is applicable to employment in work places operated by the railroad industry.
AGLO 1973 No. 104 >  November 12, 1973
OFFICES AND OFFICERS - STATE - HIGHER EDUCATION PERSONNEL BOARD - CIVIL SERVICE - SALARIES - APPROPRIATIONS
OFFICES AND OFFICERS ‑- STATE ‑- HIGHER EDUCATION PERSONNEL BOARD ‑- CIVIL SERVICE ‑- SALARIES ‑- APPROPRIATIONS Section 86, chapter 137, Laws of 1973, 1st Ex. Sess., does not require the higher education personnel board to adopt, and the various affected educational institutions to accept, a revised salary schedule for those classified employees who are under its jurisdiction that will fully implement 50% of the salary increase for those employees proposed in the board's July, 1972, salary survey, where the appropriations contained therein are insufficient to enable those institutions to fund such salary increases as would be payable under that schedule; the board is, however, required to adopt a salary schedule which will bring the employees covered as close to the board's determination of prevailing wages as is possible within the appropriations.
AGLO 1973 No. 106 >  November 13, 1973
OFFICES AND OFFICERS - STATE - SUPERINTENDENT OF PUBLIC INSTRUCTION - APPROPRIATIONS - CONTINUATION OF $40 PER MONTH SALARY INCREASE
OFFICES AND OFFICERS ‑- STATE ‑- SUPERINTENDENT OF PUBLIC INSTRUCTION ‑- APPROPRIATIONS ‑- CONTINUATION OF $40 PER MONTH SALARY INCREASE To the extent that the funds appropriated by § 86, chapter 137, Laws of 1973, 1st Ex. Sess., for continuation of the $40 per month salary increase provided by chapter 8, Laws of 1973, for school district classified employees are sufficient for that stated purpose, they are to be distributed on the basis of the amount necessary for each district to continue such increase, independent of the substantive provisions of the school apportionment formula.
AGLO 1973 No. 108 >  November 20, 1973
OFFICES AND OFFICERS - STATE - LIQUOR BOARD - TAXES - COUNTIES - ALCOHOLISM ADMINISTRATIVE BOARDS - RECEIPT OF LIQUOR TAXES BY CITIES AND COUNTIES
OFFICES AND OFFICERS ‑- STATE ‑- LIQUOR BOARD ‑- TAXES ‑- COUNTIES ‑- ALCOHOLISM ADMINISTRATIVE BOARDS ‑- RECEIPT OF LIQUOR TAXES BY CITIES AND COUNTIES Extent to which an alcoholism administrative board is required in order for a city and county to receive liquor taxes and profits under chapter 70.96 RCW, as amended by chapter 155, Laws of 1973, 1st Ex. Sess.
AGLO 1973 No. 109 >  November 20, 1973
OFFICES AND OFFICERS - STATE - STATE EMPLOYEES INSURANCE BOARD - FUNDS - APPROPRIATIONS - INSURANCE
OFFICES AND OFFICERS ‑- STATE ‑- STATE EMPLOYEES INSURANCE BOARD ‑- FUNDS ‑- APPROPRIATIONS ‑- INSURANCE It is not legally necessary for the legislature to make an appropriation from the state employees' insurance revolving fund in order to permit expenditures therefrom; where, however, an appropriation from this fund is made it constitutes a limitation upon the amount that may be expended during the period covered by the appropriation.
AGLO 1973 No. 110 >  November 27, 1973
OFFICES AND OFFICERS - STATE - CAPITOL COMMITTEE - DEPARTMENT OF GENERAL ADMINISTRATION - CAPITOL
OFFICES AND OFFICERS ‑- STATE ‑- CAPITOL COMMITTEE ‑- DEPARTMENT OF GENERAL ADMINISTRATION ‑- CAPITOL Review of the functions of the state capitol committee with respect to its various powers of approval or disapproval of particular state building projects on state owned property.
AGLO 1974 No. 72 >  July 30, 1974
OFFICES AND OFFICERS - STATE - OCEANOGRAPHIC COMMISSION
STATUS AS AGENCY OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT The oceanographic commission is an agency of the executive branch of state government and not a legislative interim committee.
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. 89 >  October 30, 1974
OFFICES AND OFFICERS - STATE - FOREST PRACTICES BOARD
RULE‑MAKING AUTHORITY Chapter 137, Laws of 1974, 1st Ex. Sess., does not authorize the forest practices board to promulgate a rule which would require all state and local governmental agencies to file their authorized rules, regulations or ordinances affecting forest practices with the department of natural resources, and to be subject to an opinion by the attorney general, before those agencies may enforce such rules, regulations or ordinances in regulating activities which would constitute forest practices under that act.
AGLO 1974 No. 91 >  November 4, 1974
OFFICES AND OFFICERS - STATE - BOARDS AND COMMISSIONS
DELEGATION OF AUTHORITY A member of the state printing and duplicating committee provided for in RCW 43.77.010 may not designate an alternate (or substitute) to attend meetings and act in his (or her) behalf at meetings of the committee.
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.
AGLO 1974 No. 96 >  November 19, 1974
OFFICES AND OFFICERS - STATE - WASHINGTON STATE PATROL - COUNTIES - SHERIFFS - CITIES
POLICE Jurisdiction of Washington State Patrol, county sheriffs and city police with respect to state, county and city traffic law violations.
AGLO 1974 No. 106 >  December 30, 1974
BUILDINGS - STATE - CODE
APPLICABILITY OF STATE BUILDING CODE (1) The state building code provided by chapter 96, Laws of 1974, Ex. Sess., is applicable to proposed state building projects not already under construction as of January 1, 1975. (2) The provisions of § 9, chapter 96, Laws of 1974, Ex. Sess., do not subject the state to compliance with local zoning ordinances.
AGLO 1973 No. 5 >  January 9, 1973
OFFICES AND OFFICERS - STATE - ECONOMIC ASSISTANCE AUTHORITY - GRANT OF STATE FUNDS
INDIANS Discussion of the legality of a proposed grant of state funds to the Kalispel Indian Tribe under the provisions of the economic assistance authority act of 1972, constitutionality of using state funds for industrial development project by Indian tribe.
AGLO 1978 No. 27 >  September 8, 1978
OFFICES AND OFFICERS - STATE - PUBLIC EMPLOYEES' RETIREMENT BOARD - LAW ENFORCEMENT OFFICERS' AND FIRE FIGHTERS' RETIREMENT BOARD - POTENTIAL PERSONAL LIABILITY ARISING FROM INVESTMENT OF FUNDS
POTENTIAL PERSONAL LIABILITY ARISING FROM INVESTMENT OF FUNDS (1) The members of the Public Employees' or Law Enforcement Officers' and Firefighters' Retirement Boards may be held personally liable for their actions relating to the investment or reinvestment of the funds of the Public Employees' or Law Enforcement Officers' and Fire Fighters' Retirement Systems.  (2) Identification and discussion of conditions or circumstances under which such liability could be found to exist.  (3) Although the respective retirement boards do not, themselves, have the authority to purchase insurance to provide protection to the board members from such liability, the state budget director's office, in conjunction with the State Employees' Insurance Board, has the ability to authorize the procurement of such insurance.
Content Bottom Graphic
AGO Logo