Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGLO 1975 NO. 30 >

(1) The department of emergency services does not presently possess the requisite authority to provide housing sites with utilities, or to make grants of state funds, matched by federal moneys under Public Law 93-288, to persons who have suffered loss due to a natural disaster within the contemplation of this federal act. (2) Any state legislation designed to provide housing sites with utilities, or to make grants of state funds, matched by federal moneys under Public Law 93-288, to persons suffering from loss due to a natural disaster would, under Article VIII, § 5 of the state constitution, have to be so written as to restrict the department, in so doing, to the supplying of such facilities or financial aid only to those disaster victims who are unable, with their own resources, to alleviate their own distress.

AGLO 1977 NO. 30 >

The state board for community college education may not use funds from the appropriation contained in § 114, chapter 339, Laws of 1977, 1st Ex.Sess., to fund staff positions in minority affairs in the office of the state board itself.

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 1980 NO. 33 >

The Board of Industrial Insurance Appeals is not a part of the judicial branch of state government for purposes of determining the applicability of the Executive Conflict of Interest Act, chapter 42.18 RCW.

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.