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AGLO 1975 No. 79 - September 11, 1975
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Slade Gorton | 1969-1980 | Attorney General of Washington


WAC 248-152-030 prohibits smoking at such meetings of the state highway commission as are open to the public under chapter 42.30 RCW.

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                                                              September 11, 1975

Honorable Georgette Valle
State Representative, 31st District
1434 S.W. 137th
Seattle, Washington 98166                                                                                                               Cite as:  AGLO 1975 No. 79

Dear Representative Valle:

            By recent letter you have asked for our opinion regarding the applicability of WAC 248-152-030 to such rooms as are used by the state highway commission for its periodic official meetings.

            This regulation, which was adopted by the state board of health under RCW 43.20.0501/earlier this year and took effect on April 14, 1975, reads in part as follows:

            "Smoking shall be prohibited in the following places within the state of Washington: PROVIDED, That such places are open to and used by the general public:

            ". . .

            "(9) Rooms in which meetings open to the public are held:  PROVIDED, That this prohibition shall not apply to rooms used for office space or working quarters by the federal government or the Washington state legislature."

             [[Orig. Op. Page 2]]                       ANALYSIS

            Since the exception set forth in the proviso does not cover a state agency in theexecutive branch of government such as the highway commission, it follows that the prohibition applies to meeting rooms used by that agency.  Therefore, giving effect to the rule, our answer to your question is as follows:

            Assuming that a particular meeting of the highway commission is one which is open to the public under the pertinent provisions of chapter 42.30 RCW,2/ WAC 248-152-030,supra, is applicable so as to prohibit (in the sense above explained) persons from smoking in the room in which the meeting is being held.

            It is hoped that the foregoing will be of some assistance to you.

Very truly yours,

Attorney General

Deputy Attorney General

                                                         ***   FOOTNOTES   ***

1/Empowering the state board of health, interalia, to:

            "Adopt rules and regulations controlling public health related to environmental conditions including but not limited to heating, lighting, ventilation, sanitary facilities, cleanliness and space in all types of public facilities including but not limited to food service establishments, schools, institutions, recreational facilities and transient accommodations and in places of work."

2/See, AGO 1971 No. 33 [[to King Lysen, State Representative on October 29, 1971]].

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