Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGLO 1974 NO. 87 >

Under RCW 29.36.030, as amended by § 1, chapter 73, Laws of 1974, 1st Ex. Sess., absentee votes may not be cast for the office of precinct committeeman unless two or more candidates have filed for the same political party in the absentee voter's precinct.

AGLO 1975 NO. 87 >

If the department of fisheries purchases commercial fishing vessels under chapter 183, Laws of 1975, 1st Ex. Sess., the department may not then sell those vessels to Indians residing in this state for their use in commercial fishing activities in Washington waters.

AGLO 1975 NO. 88 >

(1) Proposed legislation requiring all timber sold by the state, including that standing on lands covered by §§ 1 and 2, Article XVI of the state constitution, to be primarily processed by a manufacturing establishment employing Washington residents and situated within the United States would probably be unconstitutional under the commerce clause of Article I, § 8 of the United States Constitution and would be at least questionable under §§ 1 and 2, Article XVI of the state constitution.

AGLO 1974 NO. 89 >

Chapter 137, Laws of 1974, 1st Ex. Sess., does not authorize the forest practices board to promulgate a rule which would require all state and local governmental agencies to file their authorized rules, regulations or ordinances affecting forest practices with the department of natural resources, and to be subject to an opinion by the attorney general, before those agencies may enforce such rules, regulations or ordinances in regulating activities which would constitute forest practices under that act.

AGO 1957 NO. 90 >

The offices of county commissioner and mayor of a third class city are incompatible.

AGO 1966 NO. 90 >

Under RCW 41.04.180, a state agency or political subdivision may provide hospitalization and medical aid for its employees and their dependents by means of payments pursuant to contract with a regularly constituted insurance carrier or health care service contractor of premiums payable on group hospitalization or medical aid insurance plans covering such employees without itself being the policyholder provided that (a) in the case of a state agency or school district, the payments do not exceed 50% of the total premium, or $5.00 per month per employee covered; and (b) comparable coverage under other plans is made available by the agency or political subdivision for such of its employees within the general class to be covered as are not enrolled in the particular group disability insurance program.

AGO 1962 NO. 91 >

(1) Under RCW 46.68.120 (3) (e) the legislature has imposed the duty, every four years beginning in 1958, upon the joint fact-finding committee and the highway commission to jointly re‑examine [[reexamine]] all the factors on which the estimated costs per trunk mile for the several counties have been based, and based upon such re‑examination [[reexamination]] and acting in a fact-finding capacity, the highway commission and the joint fact-finding committee are then required jointly to make such adjustments in the estimated annual costs per trunk mile for the several counties as may be necessary. (2) The estimated annual costs per trunk mile as adjusted by the joint fact-finding committee on highways, streets and bridges and the highway commission, pursuant to RCW 46.68.120, are to be used in making the 1962 allocations of fuel taxes to the counties.

AGLO 1974 NO. 91 >

A member of the state printing and duplicating committee provided for in RCW 43.77.010 may not designate an alternate (or substitute) to attend meetings and act in his (or her) behalf at meetings of the committee.

AGLO 1974 NO. 92 >

The entitlement of a member of a board of county commissioners to be reimbursed for his expenses for meals and travel while engaged in official county business within his own county is dependent upon the terms of such county's ordinance as has been promulgated under RCW 42.24.090.

AGO 1964 NO. 92 >

Where a local civil defense organization as established by county ordinance under RCW 38.52.070 (1) is governed by a civil defense council consisting of the board of county commissioners and the mayor of each incorporated municipality in the county with the chairman of the board of county commissioners additionally serving as the chairman of the civil defense council, the chairman may not also serve as the civil defense director since the offices are incompatible.