Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1993 NO. 15 >

1.  RCW 70.37.040(5) empowers the Washington Health Care Facilities Authority to lease or sell health care facilities which the Authority has acquired. 2.  RCW 70.37.090 grants the Washington Health Care Facilities Authority the power to charge participants fees to finance projects and to defray the Authority's administrative expenses.  Fees paid by participants in a project may be used by the Authority for the purpose of acquiring a health care facility that it will lease or sell to the participants.  However, fees collected to defray the Authority's administrative expenses may not be used for this purpose.

AGO 1992 NO. 18 >

1.  RCW 14.08.120(6) authorizes a port district to charge a fee to persons who use airport property.  However, this authority does not empower a port district to charge persons who do not use airport property, but who simply benefit from their proximity to airport property. 2.  RCW 14.08.120(6) provides that charges for the use of airport property shall be reasonable and uniform for the same class of service and established with due regard to the property and improvements used and the expense of operation to the municipality.  A charge based on a percentage of a user's gross receipts fails to meet these statutory requirements.

AGLO 1982 NO. 19 >

A county clerk is not authorized to impose an additional filing fee, pursuant to RCW 36.18.020 when a judgment creditor, after filing the abstract of judgment (and paying the fee which is then required) commences supplemental proceedings.

AGO 1977 NO. 19 >

Impose a reasonable franchise fee in return for the granting of a franchise to cable television company, and likewise, may also impose similarly reasonable fees for the various other kinds of franchises which are authorized to be granted by RCW 36.55.010.

AGO 1976 NO. 20 >

Under Article VIII, § 7 of the Washington constitution it is not legal for a county which charges an admission fee for attendance at a fair conducted under RCW 36.37.010, et seq., to waive that charge for nonindigent persons attending the fair for no other consideration, primarily to be entertained rather than in the performance of some official function; it is, however, not illegal for fair officials, news reporters or others who are attending the fair for the benefit thereof in the performance of their employment functions and not merely to be entertained, to be allowed in without paying the usual admission charge.

AGLO 1982 NO. 20 >

The provisions of § 2, chapter 207, Laws of 1982, relating to the imposition of a monetary assessment upon a criminal offender to pay for certain probation services, will not become legally operative until July 1, 1984, when the pertinent provisions of chapter 9.94A RCW themselves take effect in accordance with § 28, chapter 137, Laws of 1981.

AGO 1977 NO. 20 >

The clerk of a superior court is not required by law to return a jury fee paid in a civil lawsuit either (1) when the demand for jury has been stricken by the court more than three days before the date of trial for the reason that the demand was untimely filed or (2) when, after the case has been set for trial, the court is notified of a settlement in the case prior to the trial date.

AGLO 1981 NO. 22 >

(1) RCW 28B.15.045 applies to all funds generated through the imposition, by a college or university, of services and activities fees, as defined by RCW 28B.15.041. (2) Monies in a college or university's housing and dining fund or account are not covered by the provisions of RCW 28B.15.045 unless, and to the extent that, the board of trustees or regents decides to fund the program, in whole or part, from "S & A" fees.

AGLO 1978 NO. 23 >

Under the provisions of RCW 36.68.090 a county may construct and operate a county zoo and impose reasonable admission charges in connection therewith.

AGO 1984 NO. 24 >

Where a county sheriff makes one or more unsuccessful attempts to serve (or execute) an arrest warrant which is later cancelled or expires without having been successfully executed, and the sheriff makes a return of "not found" in order to show his efforts to execute the warrant, the sheriff is then entitled to a fee of five dollars "for making a return" plus a mileage fee, as provided for in RCW 36.18.040.