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AGO 1952 No. 245 - March 03, 1952
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Smith Troy | 1941-1952 | Attorney General of Washington

LIABILITY OF COUNTY WHICH MAINTAINS A COUNTY HOSPITAL, FOR MAINTENANCE COSTS.

Under section 6, chapter 174, Laws of 1925, Ex. Sess., (Rem. Rev. Stat. 6090-6, RCW 36.62.090), it is mandatory upon a county which has a county hospital to levy a tax for the maintenance of the hospital.

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                                                                   March 3, 1952

Honorable J. A. Kahl, M.D.
Acting Director
State Department of Health
Smith Tower
Seattle 4, Washington                                                                                                  Cite as:  AGO 51-53 No. 245

Dear Sir:

            This is to acknowledge receipt of your letter of February 27, 1952, wherein you requested an opinion of this office on the following question:

            Must a county which maintains a county hospital levy a tax for maintenance under section 6, chapter 174, Laws of 1925, Ex. Sess., (Rem. Rev. Stat. 6090-6)?

            Our conclusion may be summarized as follows:

            Under section 6, chapter 174, Laws of 1925, Ex. Sess., (Rem. Rev. Stat. 6090-6, RCW 36.62.090), it is mandatory upon a county which has a county hospital to levy a tax for the maintenance of the hospital.

                                                                     ANALYSIS

            Section 6, chapter 174, Laws of 1925, Ex. Sess., (Rem. Rev. Stat. 6090-6), provides as follows:

             [[Orig. Op. Page 2]]

            "If the hospital be established, the board of county commissioners at the time levying general taxes, shall levy a tax at the rate voted, not to exceed two mills in any one year for the maintenance of the hospital."

            The above quoted legislation has never been repealed, and therefore, must still be considered to be in full force and effect.  Therefore, it is the opinion of this office, that it is mandatory upon a county which has a county hospital to levy a tax for the maintenance of the hospital.

Very truly yours,

SMITH TROY
Attorney General

BARBARA L. OHNICK
Assistant Attorney General

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