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AGO 1951 No. 439 - January 26, 1951
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Smith Troy | 1941-1952 | Attorney General of Washington

REFERENDUM BILLS ‑- BONDS, GENERAL OBLIGATIONS ‑- APPROPRIATIONS, NECESSITY OF

1. Biennial appropriations are necessary to authorize proper disposition of the proceeds of the bond issues and the payment of the bonds.

2. The legislature may pass any legislation necessary or proper to secure or facilitate the proper application of the proceeds of the bond issues and the payment of the bonds.

                                                                   - - - - - - - - - - - - -

                                                                 January 26, 1951

Representative Ole H. Olson
House of Representatives
Olympia, Washington                                                                                                              Cite as:  AGO 49-51 No. 439

Dear Sir:

            In your letter of January 19, 1951, you ask the following questions regarding the bonds authorized by chapters 229 and 230, Laws of 1949:

            1.         Do these chapters require appropriations?

            2.         What legislation may be enacted with reference to those chapters?

            You are advised:

            1. Biennial appropriations are necessary to authorize proper disposition of the proceeds of the bond issues and the payment of the bonds.

            2. The legislature may pass any legislation necessary or proper to secure or facilitate the proper application of the proceeds of the bond issues and the payment of the bonds.

                                                                     ANALYSIS

             [[Orig. Op. Page 2]]

            Referendum bills 7 and 8, which are chapters 229 and 230, respectively, Laws of 1949, having been submitted to and approved by the people, are in operation and the bonds authorized by sections 1 thereof may now be issued.

            The proceeds of the bonds are to be paid into a state fund in the state treasury and may be paid out only as provided in the Eleventh Amendment to the constitution of the State of Washington, that is by appropriation.

            The appropriation contained in section 3 is sufficient for the current biennium and will authorize proper expenditures for a period of time not exceeding one calendar month after the end of the current biennium.

            State ex rel. Capitol Commission v. Clausen, 134 Wash. 196, 235 Pac. 364.

            An appropriation at the current session of the legislature or at some special session would be necessary in order to authorize the disposition of the proceeds of the bond issues during the ensuing biennium.

            State ex rel. Davis v. Clausen, 160 Wash. 618, 295 Pac. 751 Ops. Atty. Gen. 1947-48, p. 111 (being letter to Hon. Audley Mahaffey, dated July 19, 1948)

            The bonds will have to be paid and an appropriation sufficient to cover the payment of principal and interest is also necessary.

            The legislature may also enact any additional legislation necessary or proper to facilitate the application of the proceeds of the bond issue in a proper way to the object for which the bonds were issued or to pay the bonds.

Very truly yours,

SMITH TROY
Attorney General

E. P. DONNELLY
Assistant Attorney General

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