Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1960 NO. 162 >

(1)  The director of aeronautics is required to make all purchases or leases of real or personal property through the division of purchasing, department of general administration except those financed wholly or in part with federal monies.(2)  The supervisor of purchasing, department of general administration, upon the request of the director of aeronautics may authorize the director and the state aeronautics commission to enter contracts in their own names for the purchase or lease of real or personal property where the authorization specifies restrictions as to the dollar amount or specific types of material, equipment and supplies.

AGO 1962 NO. 164 >

Any person desiring to burn any inflammable material in a forested or nonforested part of any county in which there is a warden or ranger must obtain a burning permit, during the fire season prescribed by state law, from the supervisor of natural resources or the warden or ranger unless the material is contained in an approved device.

AGO 1962 NO. 165 >

Any violation of the rules and regulations promulgated by the director of licenses for motor vehicle wreckers pursuant to the authority vested in said director by RCW 46.80.140 does not constitute a crime.

AGO 1960 NO. 166 >

(1)  Without an amendment to existing state law, the department of public assistance is not authorized to increase the exemption of the first fifty dollars to the first eighty-five dollars of earned income in aid to the blind assistance which is now embodied in the Federal Social Security Amendments of 1960.(2)  The state law must be amended by July 1, 1962, to embody the increased exemption to eighty-five dollars which was provided in the 1960 amendment to the Federal Social Security Act. However, the legislature, if it so desires, may enact legislation to become effective at any time prior to July 1, 1962, and thus authorize the state department of public assistance to make the increased exemption effective prior to July, 1962.

AGO 1958 NO. 168 >

The employees of the Selah hospital for mentally deficient children are covered by the statutory merit system of the division of children and youth contained in RCW 43.19.290 through 43.19.360, and the employees of the Fort Worden school are also covered.

AGO 1960 NO. 170 >

(1) A sheriff may charge ten cents per mile in serving a summons and complaint where service is not obtained until the fifth trip.(2)  A $2.00 fee is applicable to returns of execution, personal and real, attachments, personal and real, and order of sale, personal and real.(3)  Under RCW 36.18.040 the fee for serving or executing any other writ or process in a civil action or proceeding not specifically covered by other provisions of the act is $2.00 and mileage; and for the execution of any process requiring or commanding something to be done in a criminal action the fee is $4.00. (4)  The sheriff may charge $3.00 for levying each writ of attachment or execution and $2.00 for filing the same with the auditor.(5)  In computing mileage traveled the sheriff may round off the mileage traveled at the nearest mile.(6)  The fees to be charged for processing of a sale under order of sale and execution are set forth in the opinion.(7)  Under RCW 6.16.020 (3) a television set may be included in the exemption from execution allowed a household.

AGO 1962 NO. 173 >

The legislature does not have the authority to establish qualifications for the office of the state superintendent of public instruction in addition to those found in Article III, § 25, Amendment 31, of the Washington State Constitution.

AGO 1962 NO. 175 >

(1) Only the decedent and persons who have the right to control the disposition of the decedent's remains may authorize the transplanting of organs to a living person. (2) Authorization for transplanting of the organs of a deceased person to a living person must be in writing. (3) Authorization to perform an autopsy is required to be in writing in certain instances.  As a practical matter written authorization may be required in all cases. (4) Medical personnel appointed by the coroner to perform autopsies need not be deputized by him.

AGO 1958 NO. 175 >

Revenue derived from the sale of general obligation bonds authorized by chapter 299, Laws of 1957, may be used only for construction of facilities at existing state‑operated charitable, educational and penal institutions and may not be used for the construction of a new intermediate correctional institution or the purchase of Martha Washington School for girls, Luther Burbank School for boys and Yakima Valley School at Selah. The legislature may, by two-thirds majority vote of both houses following referendum approval of the act, amend it to provide for the purchase and construction of such facilities.

AGO 1962 NO. 181 >

1. Under chapter 88.16 RCW pilots of Canadian citizenship (who may not be licensed as pilots in this state) may not engage in the piloting of vessels between British Columbia and Puget Sound ports through those portions of the Haro Straits lying within the boundaries of the state of Washington. 2. The state of Washington or any agency thereof may not enter into an agreement with officials of the Canadian government providing for the distribution of responsibility for pilotage in such waters between American and Canadian pilots. 3. Penalties for failure to abide by the pilotage laws are contained throughout chapter 88.16 RCW and are to be enforced by regularly constituted county authorities.