Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1984 NO. 26 >

For the purposes of creating an agricultural commodity commission under a new marketing order or agreement, the provisions of the 1961 agricultural enabling act (chapter 15.65 RCW) have not superseded the provisions of the 1955 enabling act (chapter 15.66 RCW); therefore, a commodity commission may be created under a new order under either the 1961 or the 1955 act in accordance with the procedures set forth, respectively, therein as further outlined in this opinion.

AGLO 1979 NO. 26 >

The cost assessment provisions of RCW 80.20.020 and RCW 81.20.020 are not applicable to a tariff change matter pending before the Washington Utilities and Transportation Commission unless and until the Commission (1) enters an order of suspension and assigns a cause number and (2) gives notice to the public service company involved of its intention, based upon its determination of necessity, to investigate; only when the Commission thus determines the need for an investigation and gives such notice by appropriate order are costs to be assessed against the public service company in accordance with the other conditions of the two statutes.

AGO 1963 NO. 26 >

(1) The state parks and recreation commission is vested with the statutory authority to accept donated property within municipal boundaries for state park purposes. (2) Same :  The state parks and recreation commission may expend park funds for the maintenance and operation of such donated property.

AGLO 1975 NO. 26 >

When an act is vetoed by the governor under Article III, § 12 of the Washington constitution, and is returned with his objections to the house in which it originated during the same session as is provided for therein, the power of the legislature to override the veto is not dependent on that power being exercised during the same legislative session so as to preclude it from overridding the veto unless it does so before the end of the session.

AGLO 1974 NO. 26 >

Because they are included in the comprehensive plan for social and health service facilities provided for under chapter 130, Laws of 1972, Ex. Sess., capital improvements at the state veterans' home and state soldiers' home may be funded with the proceeds of general obligation bonds issued under that act.

AGO 1983 NO. 26 >

(1) The Washington State Hospital Commission is not authorized to require hospitals to provide it with data involving diagnosis, procedures, age and sex of patients, total charges and file tracer numbers, unrelated to any currently authorized function or activity of the commission.(2) The Hospital Commission may not, under current law, require hospitals to bill their patients and/or payors on the basis of prospective fixed charges for a particular treatment as opposed to charges based on actual goods and services rendered.(3) The Hospital Commission may not, under current law, require all payors, including health care contractors, indemnity insurance carriers, and self-insured or private payors, to reimburse hospitals on the basis of prospective fixed charges for a particular treatment as opposed to charges based on actual goods and services rendered.(4) Assuming a system of reimbursement based upon prospective fixed charges for a particular treatment, the Hospital Commission may not, under current law, permit a hospital to retain excess revenues generated as a result of cost efficient practices by the hospital.

AGO 1987 NO. 26 >

The Board of Industrial Insurance Appeals may not pay membership dues in the Washington State Bar Association for the Board's attorney staff members where membership in the Association is required by law as a prerequisite of employment.

AGO 1955 NO. 26 >

1. Highway Safety Fund can be consolidated with Motor Vehicle Fund.   2. Appropriation for State Patrol Retirement Fund could be made from Motor Vehicle Fund after such consolidation.

AGLO 1973 NO. 27 >

Enforceability of pre‑1971 child support orders between ages of 18 and 21; obligation of the department of social and health services under RCW 74.20.040 to assist in invalidating such orders.

AGO 1978 NO. 27 >

(1) The Washington State Liquor Control Board does not have the authority, under existing law, to restrict the on-premise sale of liquor by state licensees ". . . to customers who are seated at a table and also consuming food . . ." based upon a finding that a cocktail lounge or bar-type atmosphere would be compatible or disruptive to adjacent land uses.  (2) A city may not, in the exercise of its police power, impose conditions or restrictions upon restaurant liquor licensees limiting the service of liquor for on-premise consumption to seated customers consuming food because such an ordinance would conflict with certain provisions of the state liquor code.