Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1961 NO. 11 >

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which creates a fish preserve and thereby prohibits commercial fishing in the area, the state regulation would be superseded insofar as it applied to Sockeye and Pink Salmon.

AGLO 1982 NO. 11 >

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 1979 NO. 11 >

(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 1974 NO. 11 >

RCW 42.24.090 authorizes a board of county commissioners to prescribe by ordinance or resolution a mileage rate for the reimbursement of county officers and employees, other than those designated in RCW 36.17.020, for the use of their own private automobiles on official county business that is in excess of the ten cents per mile rate provided for in RCW 36.17.030.

AGO 1983 NO. 11 >

In providing the state central committee of each major political party with a duplicate copy of the master state‑wide computer tape or data file of registered voters ". . . at actual duplication costs, . . ." as required by RCW 29.04.160, the Secretary of State may not include in the charge the amounts his office was required to pay each county, in accordance with RCW 29.04.150, for a duplicate computer tape or data file of its records of registered voters in that county.

AGO 1984 NO. 11 >

(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.

AGLO 1981 NO. 11 >

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.

AGO 1971 NO. 12 >

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 1974 NO. 12 >

(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.

AGLO 1977 NO. 12 >

The appointment of a budget officer by a board of county commissioners under RCW 36.32.440 does not relieve the county auditor of his responsibilities under RCW 36.40.010-36.40.050 in connection with the preparation of preliminary county budgets.