Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1983 NO. 30 >

(1) The earliest date upon which the Secretary of State may send a notice of delinquency to a corporation failing to pay its annual license fee is the first day of delinquency; i.e., the day following the last day permitted for timely payment. (2) The minimum amount of time which must elapse before the Secretary of State is to administratively dissolve the corporation for nonpayment of its annual license fee is a period of sixty-five days from the date of mailing the notice of delinquency referred to in RCW 23A.28.125.

AGO 1965 NO. 30 >

Members of the boards of trustees of the state colleges are entitled to reimbursement for expenses incurred in attending board meetings (RCW 43.03.050, RCW 43.03.060); however, the legislature has not authorized the board to establish in addition thereto, payment of compensation to board members for attendance at board meetings.

AGLO 1977 NO. 31 >

A certain individual would not be rendered ineligible to serve on the state board for community college education under RCW 28B.50.050 by reason of his execution of a given personal service contract with the Institute for Educational Leadership.

AGLO 1976 NO. 32 >

The secretary of state would not be legally justified in refusing to perform the new duties imposed upon his office by chapter 46, Laws of 1975-76, 2nd Ex. Sess., merely because the legislature failed to make a specific appropriation to fund the performance of those duties.

AGO 1961 NO. 32 >

Under section 5, Initiative No. 207 (§ 5, chapter 1, Laws of 1960) the personnel committee of each institution of higher learning is to consist of three members of its governing body.

AGO 1963 NO. 32 >

Under a treaty entered into in 1855 by the United States government and the Yakima Indians, the Indians were given exclusive fishing right on rivers "running through or bordering said reservation."  A rule or regulation of the department of fisheries purporting to authorize fishing at such places, by nonmembers of the tribe, is invalid and must fall as being in conflict with the supremacy clause of the United States Constitution.

AGO 1959 NO. 32 >

The 1959 statutory increase in the per diem allowance for state officials and employees does not affect the 1957 statute allowing reimbursement of expenses of not to exceed $25.00 to the director and supervisors of the department of commerce and economic development.  

AGLO 1978 NO. 33 >

For lack of statutory authority (and not because of any constitutional objection), the State Department of Fisheries may not give (i.e., transfer without monetary consideration) surplus edible salmon which have come within its possession or ownership, no matter how obtained, to a federally-recognized Indian tribe (or individual members thereof)‑-except in the case of spawned-out salmon and salmon in spawning condition to the extent permitted by RCW 75.12.130; the department may, however, sell any such other salmon to a federally-recognized Indian tribe for whatever price may be agreed upon between the department and the tribe rather than (necessarily) full market value.

AGLO 1973 NO. 33 >

If the governor makes an appointment which is subject to senatorial confirmation under Article XIII, § 1 of the Washington Constitution or a similar statutory provision, and the senate fails to act at its first session following such appointment, it is not necessary that the appointee's name again be submitted to the next session of the legislature in order for the senate to have jurisdiction to act on the appointment.

AGLO 1976 NO. 33 >

(1) Since the state committee on salaries consists of a total of seven members the quorum requirement for that agency is the attendance of at least four of those members. (2) So long as a quorum of the state committee on salaries is present a motion or other proposition may be passed by the concurring votes of a simple majority of the committee members who are, in fact, in attendance at the particular meeting.