Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1963 NO. 43 >

The state aeronautics commission has the authority (1) to sell property located on an emergency airfield granted to the state by the federal government; and (2) to place the proceeds in a special fund from which expenses of improvements on the airfield may be paid when the federal grant of such property requires the proceeds be so expended.

AGLO 1977 NO. 43 >

(1) The Superintendent of the Washington Soldiers' Home is not required by the provisions of § 7, chapter 186, Laws of 1977, 1st Ex. Sess., to grant authorization for all disbursements from the soldiers' home revolving fund which have been approved by the duly constituted body representative of the members. (2) While the Superintendent of the Washington Soldiers' Home is empowered to refuse authorization for a particular disbursement from the soldiers' home revolving fund which has been approved by the duly constituted body representative of the members, the superintendent is not authorized to direct an alternative disbursement scheme or plan to be implemented in its place.

AGO 1965 NO. 44 >

(1) Under § 6, subsection (3), chapter 150, Laws of 1965, Ex. Sess. (Substitute Senate Bill No. 1) which requires a public official or candidate to report the names of persons, corporations, firms, partnerships or other business associations from whom he receives compensation exceeding a certain specified amount, a legislator who is an attorney engaged in the private practice of law is required to report the name of his firm but is not required to report the names of his individual clients since a lawyer is not an "employee" of a client in the ordinary attorney-client relationship. (2) The first report which must be filed by incumbent public officials subject to the provisions of § 6, chapter 150, Laws of 1965, Ex. Sess. (Substitute Senate Bill No. 1) will cover the period August 6, 1965, through December 31, 1965, since the new act must be construed prospectively.

AGLO 1975 NO. 44 >

(1) The state superintendent of public instruction may adopt a regulation pursuant to RCW 28A.58.115 defining the term "associated student body funds" in order to identify those moneys of an associated student body which are subject to school district budget laws and other state laws relating to school district funds, including, RCW 43.09.240 and RCW 28A.59.110. (2) The state superintendent of public instruction may also adopt a regulation under RCW 28A.58.115 authorizing school districts to establish one or more ASB petty cash funds into which limited amounts of ASB funds could be transferred from time to time from the school district treasury by warrants made payable to the order of the principal of the school involved as custodian of such fund.

AGO 1961 NO. 44 >

(1) and (2) Under the new state civil service law the several personnel boards are authorized to make rules and regulations governing the allocation of bonus days to an employee with five years' service in any manner that does not conflict with RCW 43.01.040.(3) Regularly scheduled hourly paid employees are entitled to vacation leave with pay after the performance of one year's service and the several personnel boards are authorized to promulgate rules and regulations consistent with RCW 43.01.040 regulating this vacation leave.

AGLO 1977 NO. 45 >

It would not now be legal, under RCW 42.17.130, for the funds or facilities of the Washington State Women's Council to be used for the purpose of promoting or opposing Referendum No. 40 at the forthcoming state general election.

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.

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 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 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.