Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGLO 1981 NO. 16 >

The provisions of Article XIII, § 1 of the Washington Constitution do not mean that it would be unconstitutional for the legislature to repeal chapters 72.40 through 72.42 RCW which establish, and relate to the operation of, the state schools for the blind and deaf.

AGO 1965 NO. 18 >

House Bill No. 714 if passed by both houses of the legislature with the provision for referral to the people for adoption or rejection at the November, 1966, biennial regular election (§ 10), need not be submitted to the governor for his approval or rejection since his veto power does not, under Article II, § 1, Amendment 7, Washington Constitution, extend to such referred measures.

AGO 2005 NO. 19 >

Section 116(2) of the 2005-07 biennial operating budget sets certain amounts aside for corrective actions to clean up Hood Canal as described in a Conservation & Recovery Plan; the budget does not expressly require that these funds be “co-managed” as described in RCW 90.88, also enacted in 2005.

AGLO 1974 NO. 19 >

Senate Joint Resolution No. 113, proposing a new judicial article to the state Constitution, may be submitted to the voters as a single amendment to the state Constitution.

AGO 1983 NO. 20 >

(1) The Grain and Hay Inspection Revolving Fund, established pursuant to RCW 22.09.500(1), may not be used for expenses not directly incurred by the Department of Agriculture's Division of Grain and Agricultural Chemicals (other than the five percent specifically authorized by statute for use in research and promotional work).   (2) A provision of the State's biennial operating budget, or supporting documents such as budget notes, may not authorize use of the Grain and Hay Inspection Revolving Fund in a manner inconsistent with the provisions of RCW 22.09.500.  

AGO 1991 NO. 21 >

The legislative authority of the State of Washington is vested in the Legislature.  In absence of a statute or constitutional provision that serves as a source of authority authorizing the Governor to act, the Governor cannot create obligations, responsibilities, conditions or processes having the force and effect of law by the issuance of an executive order.

AGLO 1979 NO. 21 >

A failure by the state legislature to have finally adopted a budget for state government at least 30 calendar days prior to the beginning of the next ensuing biennium, as contemplated by RCW 43.88.080, will not subject the individual members of the two houses to criminal prosecution under RCW 43.88.270.

AGLO 1974 NO. 22 >

Where during a legislative session and prior to the general adjournment thereof a bill not subject to referendum and bearing an immediate effective date is partially vetoed by the governor, the remainder of the bill takes effect immediately and the secretary of state is required to record it and assign it a chapter number under RCW 44.20.020.

AGO 1969 NO. 23 >

(1) Under the provision of Article XXIII, § 1 (Amendment 37) of the Washington Constitution, once the legislature has considered and agreed to a proposed constitutional amendment by the requisite two-thirds majority of the members of both houses, and has filed the proposed amendment with the secretary of state for the purpose of submission to the voters, the legislature has exhausted its power with respect to the particular constitutional amendment; therefore, the 41st legislature, at a special session held prior to the time of the election thereon, may not withdraw and amend the provisions of the proposed constitutional amendment which it has previously agreed to and filed with the secretary of state. (2) The legislature may, however, propose a second and different amendment to the same portion of the constitution as is the subject of the previously proposed amendment to the end that both amendments would be voted upon by the people at the same general election.

AGLO 1981 NO. 24 >

(1) While clarification may also have been an object of the passage of § 2, chapter 209, Laws of 1979, 1st Ex. Sess., amending RCW 83.04.013, its passage further evidences a legislative intent to make certain substantive changes in that statute. (2) Prior to the foregoing 1979 amendment to RCW 83.04.013, attorneys' fees incurred in an estate administration other than those attorneys' fees incidental to the preparation of federal and state inheritance tax returns were deductible for inheritance tax purposes.