Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGLO 1975 NO. 23 >

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 1977 NO. 23 >

(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 1974 NO. 23 >

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.

AGO 1983 NO. 23 >

(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 1971 NO. 23 >

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 1976 NO. 23 >

(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 1975 NO. 23 >

(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.

 

AGO 1984 NO. 23 >

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 1963 NO. 24 >

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.

AGLO 1977 NO. 24 >

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.