Other LanguagesEven though no portion of the local motor vehicle excise taxes provided for by RCW 35.58.273 is, itself, to be distributed to cities and towns under RCW 82.44.150(2) through (4), the state treasurer, in computing the amount of motor vehicle excise tax to be distributed thereunder, is to include that local tax in his calculations.
1. The Enabling Act facilitating the admission of Washington into the union (25 Stat. 676) is a limitation on state legislative authority and requires that federal grant lands be held in trust; exercises of legislative authority over federal grant lands will be tested by fiduciary principles. 2. Common law trust principles are instructive with respect to the administration of federal trust lands by the State, but the Legislature's management decisions are accorded a deference not granted a private trustee because of the presumption of constitutionality that applies to exercises of state legislative authority. 3. Federal and state laws of general application (such as the Endangered Species Act) apply to federal grant lands administered by the State. 4. The State's duties as trustee of federal grant lands run separately to each trust; joint administration is permissible where it serves the interests of each trust, so long as each trust is separately accounted for. 5. The State must separately account for each federal land grant trust, and maintain separate funds or accounts to that end. 6. The Legislature may lawfully delegate to the Department of Natural Resources and the Commissioner of Public Lands a role in administering forest lands within the State, including federal grant lands, while simultaneously authorizing the same agency and officer to play a role in regulating such lands. 7. In its administration of federal trust lands, the Department of Natural Resources is not subject to chapters 11.98, 11.100, 11.106 or 11.110 RCW. 8. The Department of Natural Resources has the authority to satisfy the requirements of the Endangered Species Act by entering into a long-term management plan, so long as the plan does not violate the Department's common law or statutory duties regarding the federal grant land trusts. 9. The exercise of discretion by the Department of Natural Resources with respect to administration of federal grant lands will be tested against an abuse of discretion standard; as against a trust beneficiary, principles regarding a trustee's exercise of discretion would apply, while as against a non-beneficiary, principles of administrative law would apply.
If the International Pacific Salmon Fisheries Commission promulgates a regulation which is contrary to a state regulation which creates a fish preserve and thereby prohibits commercial fishing in the area, the state regulation would be superseded insofar as it applied to Sockeye and Pink Salmon.
(1) RCW 43.01.040, et seq., relating to annual leave for state officers and employees, applies to the legislative and judicial branches of government as well as to the executive branch. (2) RCW 43.01.040, et seq., applies, equally, to state employees in the classified service and to those occupying exempt positions; accordingly, with a single possible exception relating to employees of a state institution of higher education, no such employees are entitled to have vacation leave accumulated in excess of 30 working days without having a statement of necessity for deferral of leave on file with their particular employing agency. (3) RCW 43.01.040, et seq., relating to annual leave, applies to individuals appointed by the governor to an agency directorship or as a member of a state board or commission subject to gubernatorial appointment. (4) While it is the Governor's Office which is the "employing office" with which an application for extension of annual leave must be filed by an agency director or board or commission member referred to in (3), supra, it is the convenience of the agency, office, department or institution to which such individual is assigned which is determinative of the propriety of the extension.
(1) Although RCW 18.64.020 prohibits the practice of pharmacy by persons other than licensed pharmacists, it is nevertheless lawful for certain practitioners other than licensed pharmacists (generally those who are authorized to prescribe such drugs) also to dispense both legend drugs and controlled substances. (2) The State Board of Pharmacy is authorized by statute to promulgate rules governing the dispensing of drugs by those other persons, as well as by licensed pharmacists.
(1) In view of a recent ruling by the United States Supreme Court with respect to the constitutionality of filing fees in the case of indigent persons seeking to become candidates for public office, the requirements of RCW 29.18.050 are no longer constitutionally enforceable with respect to candidates for office in the state of Washington who wish to file for public office but who are unable to pay the filing fees prescribed by that statute. (2) The secretary of state has the authority under RCW 29.24.080 to adopt a rule or regulation requiring any candidate claiming to be unable to pay the fee required by RCW 29.18.050 for the particular office he is seeking to execute and file with his declaration of candidacy a supplemental affidavit attesting to that fact.
The provisions of RCW 36.63.130 do authorize (but do not require) the department of social and health services, acting through the superintendents of the various penal institutions under its jurisdiction, to regulate the length of hair and beards worn by convicted felons imprisoned therein, at least where such considerations as those of identification or of personal cleanliness and health are deemed by the department in the exercise of its sound administrative discretion to justify such regulation.
If, in order to attain "maximum net benefits" and protect the public welfare and interest against the long range detrimental effects of a perpetual water use not so restricted, the state department of ecology, in issuing a surface water right permit pursuant to RCW 90.03.290, determines to include a provision authorizing use of such waters unconditionally for specified initial period of time (e.g., fifty years), with any authorization to withdraw for further periods of time made dependent upon subsequent determinations by the department involving public needs for the waters involved, that action is likely to be upheld by the courts.
The State Board of Health, acting pursuant to RCW 9.02.070, may sanction the performance of second trimester abortions in medical facilities other than an accredited hospital where such medical facilities meet standards prescribed by regulations issued by the Board for the safe and adequate care and treatment of patients.
(1) RCW 19.28.330 does not authorize the director of Labor and Industries to make expenditures from the Electrical License Fund without a legislative appropriation. (2) Exercising its authority under RCW 19.28.330, the Board of Electrical Examiners may, in effect, require the Department of Labor and Industries to reduce expenditures from the Electrical License Fund below the levels contained in the budget developed under the provisions of the Budget and Accounting Act, chapter 43.88 RCW, by disapproving, in advance, particular expenditures or kinds of expenditures.