Bob Ferguson
Other LanguagesAGLO 1974 No. 109 -
Attorney General Slade Gorton
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August 2, 1974
Honorable Robert K. Leick
Prosecuting Attorney
Skamania County
Stevenson, Washington 98648 Cite as: AGLO 1974 No. 109
Re: RCW 36.17.030
Dear Sir:
Reference is made to your letter of July 31, 1974, in which you inquire about the present status of a section of the law relating to private transportation allowances for county officials (RCW 36.17.030).
ANALYSIS
This statute was repealed by chapter 24, Laws of 1974, 1st Ex. Sess. The allowance of 13¢ per mile to which you refer is now found in RCW 43.03.060, as amended by § 1, chapter 157, Laws of 1974, 1st Ex. Sess., but this statute deals only with elective or appointive officials or employees of the state.
Your attention, however, is called to RCW 42.24.090 which provides, in pertinent part, as follows:
". . . unless otherwise authorized by law, the legislative body of any municipal corporation or political subdivision of the state may prescribe by ordinance or resolution the amounts to be paid officers or employees thereof as reimbursement for the use of their personal automobiles or other transportation equipment in connection with officially assigned duties and other travel for approved public purposes, or as reimbursement to such officers or employees in lieu of actual expenses incurred for lodging, meals or other purposes. The rates for such reimbursements may be computed on a mileage, hourly, per diem or other basis as the respective legislative bodies shall determine to be proper in each instance."
By virtue of the repeal of RCW 36.17.030 the necessary authority for establishing travel reimbursement allowances [[Orig. Op. Page 2]] for use of private vehicles by other than state officers or employees is now to be found in this statute. Accord, letter of May 29, 1974, from Donald Foss, Jr., Assistant Attorney General, to Honorable Charles R. Byrd, Okanogan County Prosecuting Attorney [[an Informal Opinion AIR-74608]], copy enclosed. For your further information we also enclose a copy of AGLO 1974 No. 11 [[to John C. Merkel, Prosecuting Attorney, Kitsap County an Informal Opinion AIR-74511]]discussing the two statutory sections cited in this letter. We trust that you will find this responsive to your inquiry.
Very truly yours,
FOR THE ATTORNEY GENERAL
PHILIP H. AUSTIN
Deputy Attorney General