Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1959 NO. 33 >

The chief of the Washington state patrol may establish separate promotional examinations based on reasonable job classifications under the provisions of RCW 43.43.330 requiring appropriate examinations for promotion of commissioned officers of the state patrol, subject to the limitation that there be only one eligible list.

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 1973 NO. 34 >

Consideration of the availability of funds received from the sale of bonds authorized by Referendums 29 and 31 for the construction and acquisition of a criminal justice court as contemplated by Senate Bill 2132 and House Bill 168 (1973).

AGLO 1976 NO. 34 >

Appropriations made to the office of governor for mansion maintenance are subject to audit by the state auditor under the provisions of RCW 43.09.290, et seq.

AGLO 1975 NO. 34 >

The ability of the first extra special session of the 1975 legislature to override a gubernatorial veto of a bill passed by the legislature prior to 1975 is not clear; accordingly, rather than attempting to cause any such previously vetoed bills to become law by a simple veto override, it is suggested that in order to remove any doubts as to the validity of the resulting laws the legislature should, instead, pass those laws again in the ordinary manner.

AGLO 1977 NO. 34 >

(1) An election will be required to be conducted on November 8, 1977, in connection with the several new superior court judgeships which, under Chapter 311, supra, will become effective on November 1, 1977.

(2) It is proper for filings to be accepted by the Secretary of State or the appropriate county auditors for those new superior court judgeships in accordance with RCW 29.18.030 during the week of July 25-29, 1977.

AGO 1965 NO. 34 >

(1) An agency cannot enter into a single contract for a hospitalization and medical aid plan that is not available to all its employees or all employees within constitutionally permissible categories because of the inability of the carrier to service all the employees of the agency where the agency executes only one contract.  However, an agency may contract for a hospitalization and medical aid plan which is not available to all of its employees or all employees within constitutionally permissible categories because of the inability geographically of the carrier to service all of the employees of the state agency, if the agency provides substantially equivalent hospitalization and medical aid contracts to all its employees or all employees within a certain category under another contract or contracts. (2) Same: An agency cannot enter into only one hospitalization and medical aid contract that is available to its employees or categories of employees only if the employees belong to a specific employee organization.  However, an agency may contract for a hospitalization and medical aid plan which is available to its employees or categories of employees but conditioned upon membership in a specific employee organization, if the agency at the same time provides substantially equivalent hospitalization and medical aid contracts to all its employees or all employees within a certain category under another contract or contracts.

AGLO 1978 NO. 35 >

(1) The Washington Supreme Court, acting through the Office of the Administrator for the Courts, is governed by the provisions of RCW 43.105.041(5) which prohibit ". . . agencies and institutions of state government . . ." from acquiring data processing equipment without a delegation of authority from the Washington State Data Processing Authority.

(2) The Data Processing Authority may delegate such authority to the Supreme Court and/or the Office of the Administrator for the Courts under appropriate standards.

(3) While the Supreme Court may adopt its own rules governing the use of data processing equipment within the courts, once acquired, it may not by so doing, supersede the provision of RCW 43.105.041(5) relative to acquisition.

AGLO 1979 NO. 36 >

The imposition of sales and use taxes on the acquisition of equipment may not be deferred by order of the Economic Assistance Authority under the provisions of RCW 43.31A.140 in any case where the buildings in which the equipment is to be installed are not, themselves, eligible investment projects.

AGO 1971 NO. 36 >

(1) The Washington toll bridge authority resolution authorizing issuance of bonds for the Evergreen Point Toll Bridge does not prohibit the highway commission from reserving a lane of the bridge for exclusive transit use.(2) RCW 47.52.025 authorizing the highway authorities of the state, counties, and cities to regulate, restrict, and prohibit the use of limited access facilities by the various classes of vehicles or traffic empowers the state highway commission to restrict the use of a highway lane across the Evergreen Point Toll Bridge for exclusive transit use.(3) Additional legislation will be required to authorize the highway commission to give preferential use of lanes to cars carrying a specified minimum number of passengers.