Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGLO 1982 NO. 25 >

A county sheriff or director of a county department of corrections is not authorized to refuse to accept custody of persons ordered by a court of competent jurisdiction to be confined in a county jail, or to release other prisoners to make room for such persons, for the sole purpose of avoiding overcrowding in violation of State Jail Commission custodial care standards.

AGO 1971 NO. 25 >

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.

AGLO 1977 NO. 25 >

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.

AGO 1972 NO. 25 >

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 1987 NO. 25 >

The Washington State Patrol can exercise powers and duties of the Commission on Equipment set forth in chapters 247 and 311, Laws of 1987.

AGLO 1980 NO. 25 >

Except as permitted by RCW 84.41.041 based on appropriate statistical data, no revaluation of property for tax purposes can take place without a physical inspection.

AGO 1984 NO. 26 >

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a new marketing order or agreement, the provisions of the 1961 agricultural enabling act (chapter 15.65 RCW) have not superseded the provisions of the 1955 enabling act (chapter 15.66 RCW); therefore, a commodity commission may be created under a new order under either the 1961 or the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 1961 NO. 26 >

A road patrolman employed in a dual capacity by the county commissioners and the county sheriff and who was appointed deputy sheriff prior to the effective date of Initiative No. 23 is covered by the provisions of chapter 41.14 RCW, the civil service act for sheriffs.

AGO 1983 NO. 26 >

(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.

AGLO 1979 NO. 26 >

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.