Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGLO 1976 NO. 13 >

Constitutional ability of the legislature to repeal the state cigarette excise tax once the payments of veterans' bonuses under chapter 73.34 RCW have been completed.

AGLO 1982 NO. 14 >

The Department of Social and Health Services, in its capacity as the state radiation control agency under chapter 70.98 RCW, is authorized by § 2, chapter 201, Laws of 1982 to establish and impose license fees in connection with licenses issued pursuant to RCW 70.98.080.

AGLO 1980 NO. 14 >

(1) It is no longer a function of the secretary of state's office to collect, sort, or systematize statistics relating to agriculture, immigration, labor, manufacturing, mining and other related subjects in order to prepare and publish either a biennial statistical report to the legislature or a "comprehensive report" aimed, generally, at attracting tourists or business activities to the state; however, the secretary of state, as ex officio commissioner of statistics, may continue to seek and collect such statistics for whatever other legitimate public purposes, in unpublished form, they serve and, so long as he does not do so for the purpose of publication at state expense, he may also prepare tables, with narrative abstracts, of such statistics to the extent that the preparation of such tables and narrative abstracts is reasonably necessary in order to effectuate the legitimate public purpose for which the statistics have been collected.

AGO 1989 NO. 14 >

1.The State Treasurer may invest funds contained in the natural resources deposit fund established pursuant to RCW 43.85.130(1)(c), except for funds derived from the sale or disposition of public lands.2.The State Investment Board may invest funds contained in the natural resources deposit fund and derived from the sale or disposition of public lands, and held in a temporary depository, pursuant to RCW 43.33A.010.3.The State Treasurer may, pursuant to RCW 43.84.080, invest funds in the resource management cost account (RCW 79.64.020).4.The State Treasurer may, pursuant to RCW 43.84.090, deduct twenty percent of all income received from the investment of the surplus contained in the natural resources deposit fund and the resource management cost account, except for income from the investment of trust moneys; this income must be apportioned to the appropriate funds pursuant to RCW 79.64.055.5.RCW 43.84.090 does not authorize the State Treasurer to deduct any portion of income received from the investment of trust funds which obtain their revenue from the management of trust lands; the Legislature could authorize such a deduction to the extent consistent with general trust principles. 

AGO 1986 NO. 14 >

(1) The Board of Registration for Professional Engineers and Land Surveyors, not the Director of the Department of Licensing, has the authority to manage, direct, supervise, and discipline those employees assigned to support the Board's function.(2) The Director of the Department of Licensing does not have the authority to assign duties to these employees other than duties relating to the Board's functions.

AGO 1975 NO. 14 >

Except where covered by a juvenile court order under § 1, chapter 170, Laws of 1975, 1st Ex. Sess., in the case of a juvenile in the custody of the department of social and health services who was not yet 18 when that law became effective, a juvenile who has been adjudged to be a delinquent child under RCW 13.04.010, et seq., and has therefore been committed by the juvenile court under RCW 13.04.095, may not, in view of In re Carson , 84 Wn.2d 969 (1975), continue to be held in custody solely on that basis after attaining the age of 18 years.

AGLO 1978 NO. 14 >

Under the provisions of RCW 23A.40.075 and related statutes, the Secretary of State does not have the legal authority to exercise discretion and restore the privilege of doing business to a corporation which has failed to acquire an annual license fee for three years and which has failed to reinstate within the following two years.

AGLO 1977 NO. 14 >

Legislation requiring the establishment of a program at the University of Washington Medical School giving preferential treatment to Washington residents who are attending or have attended medical schools in certain foreign countries by providing for special admission, transfer, accreditation or clinical training for such students would, if enacted, be constitutionally defensible.

AGO 1977 NO. 15 >

(1) If a vacancy occurs in a partisan county or legislative office prior to the state general election which is to be held on November 8, 1977, an election will then be required for the remainder of the unexpired term regardless of whether or not the vacancy is initially filled by appointment.  (2) If such a vacancy occurs on or before the last Friday in July of 1977, filings should be accepted pursuant to RCW 29.18.030 and the election should be conducted accordingly in the usual manner.  (3) If such a vacancy occurs after the last Friday in July of 1977, but on or before the first Friday in August, nominations and filings may be made by the political parties under RCW 29.18.150.  (4) If, however, the vacancy does not occur until after the first Friday in August, 1977, the only method for conducting the election will be on a write‑in basis since RCW 29.21.350-29.21.410 only pertain to elections for nonpartisan offices.

AGO 1985 NO. 15 >

A former member of a board of county commissioners is eligible for appointment to a vacant Senate seat if the former commissioner has resigned prior to the appointment, the resignation is made without qualification and there is no pre‑arranged agreement that the former member will be appointed.