Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGLO 1976 NO. 45 >

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.

AGO 1959 NO. 45 >

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 1963 NO. 46 >

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 1959 NO. 46 >

RCW 36.17.040, authorizing the payment of salaries bimonthly to county employees, as amended by chapter 300, Laws of 1959, supersedes RCW 36.22.050, restricting the issuance of warrants for ten days after the date of allowance.

AGO 1965 NO. 46 >

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 1961 NO. 46 >

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 1963 NO. 47 >

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.

AGLO 1977 NO. 48 >

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.

AGO 1959 NO. 48 >

(1)  Money left from the state allocation of funds to the county superintendent for the 1958-59 school year should be transferred to the new county superintendent's special service fund by order or resolution of the board of county commissioners. (2)  Any state funds received under the allocation for the year 1958-59 that will be unexpended on July 1, 1959, must be considered in computing the amount of state funds to be allocated for the year 1959-60. (3)  Money remaining in the special service fund December 31, 1959, will remain in the fund and will not lapse; and in expending funds from the special service allotments, the calendar year prescribed for county budgets must be followed.  (4)  The county board of education cannot by resolution give authority to the county superintendent of schools to sign vouchers drawn upon such fund.

AGO 1963 NO. 50 >

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.