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AGO 1963 No. 42 - July 30, 1963
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John J. O'Connell | 1957-1968 | Attorney General of Washington


OFFICES AND OFFICERS ‑- STATE ‑- DEPARTMENT OF LABOR AND INDUSTRIES ‑- SHOP INSPECTION OF BOILERS.

The fee schedule for shop inspection of boilers is prescribed in chapter 217, Laws of 1963, but the fee for inspection of secondhand or used boilers is controlled by § 33, chapter 32, Laws of 1951 (RCW 70.79.340).

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                                                                    July 30, 1963

Honorable A. L. Wilie
Office of the Director
Department of Labor & Industries
General Administration Building
Olympia, Washington

                                                                                                                Cite as:  AGO 63-64 No. 42

Dear Sir:

            By letter previously acknowledged, you have requested an opinion of this office on a question which we paraphrase as follows:

            Can the fee schedule set forth in chapter 217, Laws of 1963, for shop inspections of boilers be put into effect in view of the failure to amend or repeal § 33, chapter 32, Laws of 1951, and RCW 70.79.340?

            We answer your question in the manner set forth in our analysis.

                                                                     ANALYSIS

            As you have noted in your letter, the apparent purpose of chapter 217, Laws of 1963, was to revise the fee schedule for the inspection of boilers.  However, this 1963 legislation does not amend or repeal the provisions of § 33, chapter 32, Laws of 1951, and RCW 70.79.340.  This section contains a portion of the earlier fee schedule for boiler inspections as follows:

            "Shop inspections, or the inspection of secondhand or used boilers or pressure vessels by the chief or deputy inspector shall be charged for at the rate of not less than twelve dollars and fifty cents for one‑half day of four hours, and twenty-five dollars for one full day of eight hours, plus all expenses, including traveling and hotel.

             [[Orig. Op. Page 2]]

            "'Secondhand' shall mean an object which has changed ownership and location after primary use."

            Due to the lack of amendment or repeal of this section, a conflict appears between it and the fee schedule for shop inspections set forth in chapter 217, Laws of 1963, as follows:

            "Shop Inspections:

                        "One half day                                        $25.00 plus expenses
                        "One full day                                         $40.00   plus expenses
                        "One half day:                                        Not to exceed 2 hours on siteplus travel time.
                        "One full day:                                         Not to exceed 6 hours plus travel time."

            In the absence of specific repealing language, a prior act is not repealed by the enactment of a later act relating to the same matter.  Abel v. Diking and Drainage Imp. Dist., 19 Wn.2d 356, 142 P.2d 1017 (1943).  This general rule has its exception, as set forth in Taylor v. Greenler, 54 Wn.2d 682, 688, 344 P.2d 515 (1959), where the later act covers the entire subject matter of the earlier legislation, is complete in itself, and is evidently intended to supersede the prior legislation on the subject.  Applying these rules of construction, it is concluded that RCW 70.79.340 is not impliedly repealed, particularly in view of the omission in chapter 217, Laws of 1963, of any fee schedule for "the inspection of secondhand and used boilers."

            As there is thus no repeal, express or implied, we follow a familiar rule of statutory construction that states the following:  Where there are two legislative enactments relating to the same subject matter and the later act does not expressly repeal the former, the two acts will be read together and, if possible, each will be given meaning, force and validity.  Olympia State Bank and Trust Company v. Craft, et al., 56 Wn.2d 546, 354 P.2d 386 (1960).  On the basis of this rule, we conclude that the fee schedule in the 1963 legislation can be put into effect as to shop inspections, but that the schedule contained in RCW 70.79.340 would continue in effect as to the inspection of secondhand and used boilers.

             [[Orig. Op. Page 3]]

            We trust that the foregoing will be of assistance to you.

Very truly yours,

JOHN J. O'CONNELL
Attorney General

FRANKLIN K. THORP
Assistant Attorney General

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