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AGLO 1974 No. 26 - March 04, 1974
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Slade Gorton | 1969-1980 | Attorney General of Washington

OFFICES AND OFFICERS ‑- STATE ‑- DEPARTMENT OF SOCIAL AND HEALTH SERVICES ‑- BONDS ‑- FUNDING OF IMPROVEMENTS AT THE STATE VETERANS' HOME AND STATE SOLDIERS' HOME

Because they are included in the comprehensive plan for social and health service facilities provided for under chapter 130, Laws of 1972, Ex. Sess., capital improvements at the state veterans' home and state soldiers' home may be funded with the proceeds of general obligation bonds issued under that act.

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                                                                   March 4, 1974

Honorable Gary Lee Matthews
State Representative
14157 ‑ 123rd Avenue N.E.
Kirkland, Washington 98033                                                                                                               Cite as:  AGLO 1974 No. 26

Dear Sir:

            By recent letter you have directed our attention to the following language of § 52, chapter 142, Laws of 1974, 3rd Ex. Sess. (Substitute House Bill No. 1310):

            "General Fund‑-State and Local Improvement Revolving Account‑-Social and Health Services Facilities:  Appropriated pursuant to the provisions of chapter 130, Laws of 1972 ex. sess., (Referendum 29), for social and health services facilities:  The Department of Social and Health Services is authorized to obligate for purposes of carrying out the provisions of chapter 130, Laws of 1972 ex sess., For Capital Improvements at the State Veterans' Home and the State Soldiers' Home required to meet state fire and safety standards . . . . . . . $2,000,000"

            You have asked to be advised whether, in our opinion, this appropriation represents a proper use of funds derived from the issuance and sale of such state general obligation bonds as were authorized by the voters through their approval of chapter 130, Laws of 1972, Ex. Sess., at the November, 1972, state general election.1/

                                                                     ANALYSIS

            In accordance with the provisions of § 2, chapter 130, supra, the proceeds of bonds issued thereunder are to be  [[Orig. Op. Page 2]] used, in accordance with specific legislative appropriations such as that quoted above,

            ". . . for the planning, acquisition, construction, and improvement of health and social service facilities in this state, . . ."

            The term "social and health service facilities," in turn, is defined by § 5 of the act to mean:

            ". . . real property, and interests therein, equipment, buildings, structures, mobile units, parking facilities, utilities, landscaping, and all incidental improvements and appurtenances, developed as a part of a comprehensive plan for a system of social and health service facilities for the state including, without limitation, facilities for social services, adult and juvenile correction or detention, child welfare, day care, drug abuse and alcoholism treatment, mental health, public health, developmental disabilities, and vocational rehabilitation."

            Adoption of the comprehensive plan referred to in this section is provided for in § 4 of the act as follows:

            ". . .  The department shall prepare a comprehensive plan for a system of social and health service facilities for the state and may use or permit the use of any funds derived from the sale of bonds authorized under this act to accomplish such plan by direct expenditures and by grants or loans to public bodies, including grants to public bodies as matching funds in any case where federal, local, or other funds are made available on a matching basis for improvements within the purposes of this act."

            The Department of Social and Health Services has advised this office that although the improvements at the state veterans' home and state soldiers' home to be funded by the 1974 appropriation to which you have directed were not part of the original comprehensive plan, the  [[Orig. Op. Page 3]] department did agree to modify the plan to include those improvements during the recently concluded session.  Accordingly, the appropriation is consistent with the requirements of Referendum Bill No. 29 for which reason we believe that your question can be answered in the affirmative.

            We trust that the foregoing will be of some assistance to you.

Very truly yours,

SLADE GORTON
Attorney General

PHILIP H. AUSTIN
Deputy Attorney General

                                                         ***   FOOTNOTES   ***

1/Accord, Washington Constitution, Article VIII, § 3.

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