Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGLO 1978 NO. 3 >

RCW 43.09.210 does not prohibit the making of those fund transfers by the Department of Agriculture which are provided for in § 31, chapter 339, Laws of 1977, 1st Ex. Sess., as a condition to certain appropriations to the state Department of General Administration.

AGLO 1974 NO. 3 >

It is not a violation of Article VIII, §§ 5 or 7 of the state Constitution for the governor to proclaim a legal holiday in accordance with the authority granted to him in RCW 1.16.050.

AGO 1969 NO. 4 >

(1) The water pollution control commission has the authority to establish water quality standards for waters of the state under RCW 90.48.035, including waters found in canals, drains, wasteways and reservoirs of irrigation and drainage systems located within the state.  (2) Persons who propose to discharge wastes of industrial and commercial operations into canals, drains, wasteways or reservoirs or irrigation and drainage systems are required by RCW 90.48.160 to obtain a waste discharge permit prior to such a discharge.

AGO 1986 NO. 4 >

Legislative reduction of the terms of office of current members of the Washington State Liquor Control Board does not infringe upon a right of the members to a continuation of salary for the balance of the terms for which they were originally appointed.

AGO 1984 NO. 4 >

In view of specific language in § 75, chapter 46, Laws of 1983, 1st ex. Sess., neither the Department of Fisheries nor the Department of Game may now deny, or condition, a hydraulic permit applied for under RCW 75.20.100 on the nonstatutory ground that the project, or other work involved‑-for which the permit is sought‑-would physically conflict with the taking of fish or shellfish.

AGO 1975 NO. 4 >

The legislature may not by statute (as opposed to a constitutional amendment) require that any candidate filing for the office of governor must file and run jointly with a candidate for the office of lieutenant governor from the same political party, with the names of both candidates to be grouped together on the ballot and a vote for one to constitute a vote for both; and this would be so even if the legislature were to abolish the office of lieutenant governor as a constitutional office and reconstitute it as an office created by statute.

AGO 1963 NO. 5 >

The insurance commissioner has the authority to notify insurers that the term "physician" as used in a policy of disability insurance is ambiguous and must be considered to include chiropodists unless otherwise expressly excluded by definition.

AGO 1957 NO. 5 >

The state is liable under RCW 38.52.180 for the following: (1) Damages to private housing facilities or property, engaged by duly authorized representatives of the state civil defense agency resulting from the negligence or fault of refugees; (2) Injuries to persons or property caused by negligence of a civil defense worker engaged in civil defense activities; (3) Injuries to volunteers commandeered into service after proclamation by the governor of the existence of a disaster.

AGO 1997 NO. 5 >

1.When one government disposes of property to another government pursuant to chapter 39.33 RCW, RCW 43.09.210 requires that the transferring government receive "full value" for the transfer; "full value" has a flexible meaning depending on the circumstances of the transfer.2.RCW 39.33.020, which requires public notice and a hearing before a government disposes of property having a value of more than $50,000, applies only to intergovernmental transfers of property made pursuant to chapter 39.33 RCW.

AGLO 1980 NO. 5 >

Neither RCW 80.50.120 nor any other section of chapter 80.50 RCW precludes the State Department of Labor and Industries from conducting inspections, pursuant to chapters 19.28, 70.79 and 70.87 RCW, of an energy facility covered by a certification agreement duly executed in accordance with that chapter.