Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1963 NO. 26 >

(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.

AGLO 1975 NO. 26 >

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.

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a new marketing order or agreement, the provisions of the 1961 agricultural enabling act (chapter 15.65 RCW) have not superseded the provisions of the 1955 enabling act (chapter 15.66 RCW); therefore, a commodity commission may be created under a new order under either the 1961 or the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.

AGLO 1973 NO. 27 >

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.

AGO 1983 NO. 27 >

(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.

AGLO 1982 NO. 27 >

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.

AGO 1978 NO. 27 >

(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.

AGLO 1978 NO. 27 >

(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.

AGO 1963 NO. 27 >

County superintendents of schools elected in November, 1962, to take office in September, 1963, may not receive the raise in salary granted by the 1963 legislature because of Article XI, § 8, of the State Constitution which prohibits increasing or decreasing the salary of a county officer after his election or during his term.

AGLO 1980 NO. 27 >

(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.