Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGLO 1974 NO. 25 >

(1) When requested by a committee or member of the legislature, a state agency may disclose to that committee or member information relating to programming, revenue, spending or other fiscal matters involving that agency. (2) The authorized means for state agencies to communicate their budget requests to the legislature in the absence of such a request by a committee or member of the legislature is through certain procedures set forth in the state budget and accounting act.

AGO 1973 NO. 26 >

It is not a violation of § 13 of Initiative No. 276 (RCW 42.17.130 for the board of directors of a school district to allow the facilities of that district to be used by others on a nondiscriminatory basis for the conduct of meetings at which members of the legislature, or others, appear and speak either in favor of, or in opposition to pending ballot proposals or candidates for election to public office.

AGLO 1981 NO. 26 >

(1)  The effective date of §§ 2, 3 and 4 of chapter 259, Laws of 1981, relating to the appointment of administrative law judges to hear complaints filed pursuant to the state law against discrimination (chapter 49.60 RCW) is July 1, 1982. (2)  The legal authority to appoint such administrative law judges for the Washington State Human Rights Commission is vested in the chief administrative law judge who is appointed by the Governor in accordance with § 12(1), chapter 67, Laws of 1981.

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 1981 NO. 27 >

In view of the source of the appropriation involved it would be improper for the state to purchase the Milwaukee Railroad right-of-way and existing bridges from Easton in Kittitas County to Tekoa in Whitman County, in accordance with § 17, chapter 143, Laws of 1981, with the present intent or plan to use the subject property for a purpose other than recreation; however, based upon a material change of circumstances following its acquisition, justifying a corresponding change in use, it would be permissible for the legislature to authorize such an ensuing change in use of the land.

AGO 1970 NO. 28 >

Congressional and legislative redistricting plans to be completed prior to 1972 general election; may be enacted by referendum bill; continuation of 99 member house of representatives may be justified; some house districts may be multi-member while others are single member, where rational pattern is followed; population deviations not allowable on a "de minimis" basis; burden upon legislature to justify population variations; the ability of the legislature to draw lines which adhere to county boundaries appears to be very limited; redistricting of military bases related to registered voters.

AGO 1967 NO. 32 >

(1) No member of the 40th legislature is eligible, during his current term of office, to serve as a member of the board of trustees of Southwestern Washington State College or as a member of the Washington State Arts Commission. (2) Members of the 40th legislature are not constitutionally ineligible for appointment, during their present terms of office, to  (a) the Education Commission of the States; (b) the Judicial Council; (c) the 1967 World Fair Commission; and (d) the Senate, House, or Joint Boards of Legislative Ethics. (3) In those instances where legislators are constitutionally ineligible to serve, during the remainder of their present terms, in a civil office created by the 40th legislature, the appointing authority may fill the position by appointment of some other person who is eligible to serve in the office instead of the one determined to be ineligible.

AGLO 1975 NO. 34 >

The ability of the first extra special session of the 1975 legislature to override a gubernatorial veto of a bill passed by the legislature prior to 1975 is not clear; accordingly, rather than attempting to cause any such previously vetoed bills to become law by a simple veto override, it is suggested that in order to remove any doubts as to the validity of the resulting laws the legislature should, instead, pass those laws again in the ordinary manner.

AGLO 1973 NO. 37 >

Consideration of the eligibility of a member of the legislature to be employed by a state agency during the period of time the state legislature is not in session; applicability of Washington Constitution Article II, § 13; impact of federal Hatch Act and/or RCW 41.06.250 upon the applicability of such a legislator to campaign for reelection while serving as an employee of a state agency.

AGLO 1975 NO. 41 >

Discussion of constitutional criteria to be applied under Article VIII, § 5 of the state constitution with respect to appropriations made by the legislature for the relief of certain individuals or organizations for legally unenforceable claims against the state.