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AGO 1952 No. 420 - October 22, 1952
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Smith Troy | 1941-1952 | Attorney General of Washington

APPROPRIATION FOR CAPITAL OUTLAYS, MAJOR REPAIRS AND BETTERMENTS AT STATE INSTITUTIONS.

The appropriation for capital outlays, major repairs and betterments at state institutions may be used to supplement an inadequate appropriation to finance the construction of a better approach to the Rainier State School.

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                                                                October 22, 1952

Honorable H. D. Van Eaton
Director of Public Institutions
Olympia, Washington                                                                                                              Cite as:  AGO 51-53 No. 420

Dear Sir:

             Receipt is acknowledged of your letter of September 24 in which you ask our opinion as to whether funds appropriated to the Department of Public Institutions for capital outlays, major repairs and betterments at various institutions may be expended to supplement an appropriation for the construction of a suitable approach at the Rainier State School at Buckley.

             It is our conclusion that the appropriation for capital outlays, major repairs and betterments at various state institutions is available to supplement the specific appropriation made for the construction of a suitable approach to the Rainier State School at Buckley.

                                                                      ANALYSIS

            As we understand the facts from your letter the approaches to Rainier State School at Buckley are over streets of the town of Buckley but by far the greater use of the streets is by vehicles going to and from the institution.  Revenues of the town of Buckley have been inadequate to provide and maintain proper approaches.  The legislature, in chapter 3, Laws of Second Ex. Sess. of 1951, on page 21, made an appropriation as follows:

             "FOR THE DEPARTMENT OF HIGHWAYS:

              [[Orig. Op. Page 2]]

            State's Contribution to construct a suitable approach to the Rainier State School at Buckley . . . $25,000.00"

             Your letter indicates that the lowest bid for the job will require approximately $15,000 more from the state to finance the project.  The appropriation act, chapter 3 of the Laws of Second Ex. Sess. of 1951, on page 27, makes an appropriation from the general fund for the Department of Public Institutions as follows:

             "* * *

             "Capital Outlays, Major Repairs and Betterments at various State Institutions . . . $550,000.00"

             This latter appropriation is broad in its terms.  The legislature apparently left to the director of Public Institutions the determination of where these funds should be used.  In view of the breadth of the language appropriating this amount, we believe that it is within the discretion of the director of Public Institutions to use a portion of it to supplement the specific appropriation made for constructing the approach to Rainier State School.  We believe that it falls within the description of betterment at a state institution.

 Very truly yours,
 SMITH TROY
Attorney General 

LYLE L. IVERSEN
Assistant Attorney General

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