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AGO 1957 No. 127 - October 24, 1957
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John J. O'Connell | 1957-1968 | Attorney General of Washington

APPROPRIATIONS ‑- INTENT OF THE LEGISLATURE

Proper disbursements may be made from the alcoholism account in the state treasury under the appropriation contained in § 7, chapter 136, Laws of 1957.

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                                                                October 24, 1957

Dr. Garrett Heyns
Director
Department of Institutions
P.O. Box 867
Olympia, Washington                                                                                                              Cite as:  AGO 57-58 No. 127

 

Dear Sir:

            The question asked in your previously acknowledged letter may be summarized as follows:

            Is an otherwise proper payment from the alcoholism account in the general fund of the state treasury prohibited by the 11th Amendment to the Constitution of the State of Washington?

            We answer in the negative.

                                                                     ANALYSIS

            Sections 16 and 17, chapter 136, Laws of 1957, read as follows:

            "There is established in the general fund of the state treasury an alcoholism account.

            "There is appropriated from the state liquor revolving fund to the division the sum of two hundred fifty thousand dollars for the biennium July 1, 1957 to June 30, 1959, or so much thereof as may be necessary to carry out the provisions of this act."

             [[Orig. Op. Page 2]]

            No particular words are necessary to constitute a valid appropriation if the legislative intent is plain.  State ex rel. Brainerd v. Grimes, 7 Wash. 191.

            We believe that the intent of the legislature in enacting §§ 16 and 17, chapter 136, Laws of 1957, was to authorize the transfer of $250,000 from the state liquor revolving fund to the alcoholism account in the state treasury, and to appropriate that sum from the alcoholism account in the state treasury.

            You are advised that proper disbursements may be made from the alcoholism account in the state treasury under the appropriation contained in § 17, chapter 136, Laws of 1957, to the extent of funds transferred into said account from the state liquor revolving fund.

Yours very truly,

JOHN J. O'CONNELL
Attorney General


E. P. DONNELLY
Assistant Attorney General

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