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Bob Ferguson

AGLO 1970 No. 36 -
Attorney General Slade Gorton

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                                                                  March 18, 1970
 
 
 
Mr. Sidney E. Smith
Director
State Department of Public Assistance
Public Lands Building
Olympia, Wa.  98501
                                                                                                               Cite as:  AGLO 1970 No. 36
 
 
Attention:  A. A. Smick, Chairman, State Council

on Aging
 
Gentlemen:
 
            This concerns your request for an opinion of this office on the question which we paraphrase as follows:
 
            Does the Washington State Council on Aging have authority to provide grants of state funds to local communities to operate specific services on aging?
 
            We answer this question in the negative for the reasons set forth below.
 
                                                                     ANALYSIS
 
            The Washington State Council on Aging is an advisory council created within the Department of Public Assistance.  RCW 74.36.010.  The powers of the council are limited to advisory authority established in Chapter 74.36 RCW.
 
            Also, since the council on aging is created within the Department of Public Assistance, the powers of the council would depend upon the general provisions of Title 74 RCW.  The authority of the Department of Public Assistance is limited by various statutes providing for certain programs of public assistance including Old Age Assistance, Aid to Families with Dependent Children, Blind Assistance, Disability Assistance, Medical Assistance, General Assistance, and various related and individual services including Child Welfare.
 
            It is our conclusion that there is no existing legislative authority in Chapter 74.36 RCW or Title 74 RCW generally authorizing either the Council on Aging or the Department of Public Assistance to provide  [[Orig. Op. Page 2]] allotments of state funds to local committees to operate specific services on aging.
 
            We trust the foregoing will be of assistance to you.
 
Very truly yours,
 
SLADE GORTON
Attorney General
 
 
Walter E. White
Assistant Attorney General