Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 2004 NO. 3 > Dec 2 2004

The gambling revolving fund is subject to the allotment process described in RCW 43.88, but for the purpose of assuring that the fund does not incur a cash deficit or that money in the fund is not spent contrary to law.

AGLO 1978 NO. 3 > Feb 15 1978

RCW 43.09.210 does not prohibit the making of those fund transfers by the Department of Agriculture which are provided for in § 31, chapter 339, Laws of 1977, 1st Ex. Sess., as a condition to certain appropriations to the state Department of General Administration.

AGO 1987 NO. 6 > Feb 27 1987

1.  The Legislature may not, through the use of conditions in its biennial appropriation act and without amending permanent statute, eliminate or limit the authority of community college districts to grant salary increases to district employees. 2.  The Legislature may use conditions in the biennial appropriation act to limit the use of the funds appropriated in the act, including limits on their use for community college employee salary increase purposes, so long as the legislature does not impair vested contract rights. 3.  The Legislature could establish authority to control community college employee salary increases through the biennial budget act, by amending current statutory law. 4.  The State Board for Community College Education currently has only a minor role in the enforcement of salary policy for community college employees.

AGO 1981 NO. 7 > Jun 23 1981

In the event of a sale of community college real property by the State Board for Community College Education pursuant to RCW 28B.50.090(12), the proceeds of that sale are not required, under existing law, to be received, kept and disbursed by the state treasurer but, instead, they may be retained by the college as local funds and expended without a specific legislative appropriation.

AGLO 1980 NO. 8 > Jan 29 1980

Analysis and discussion of the effect of so much of § 90, chapter 270, Laws of 1979, 1st Ex. Sess., as appropriated $42,000 from the State Game Fund to defray legal costs associated with the construction and operation of a regulating structure stabilizing the level of water in Silver Lake.

AGLO 1978 NO. 10 > Mar 17 1978

Because of the provisions of Article VIII, § 4 (Amendment 11) of the Washington State Constitution, the full amount of $375,000 which was appropriated to the State Parks and Recreation Commission by § 15(14), chapter 338, Laws of 1977, 1st Ex.Sess., ". . . for the acquisition of 124 acres adjacent to Dash Point state park . . ." may not be expended for the purchase of a smaller, 75-acre portion of the larger tract.

AGLO 1977 NO. 11 > Mar 17 1977

Legal consequences of a failure by the legislature to adopt a biennial state budget prior to the commencement of the fiscal period to be covered thereby.

AGO 1998 NO. 12 > Oct 28 1998

Under the language of the 1997-99 operating budget, a university may grant individual salary increases larger or smaller than the average 3.0 percent increase funded by legislative appropriation. A university may use its 1997-99 budget appropriation in part to remedy salary disparities discovered by the university through studies or other means. Under the 1997-99 budget act, a university may honor increases previously agreed to in collective bargaining agreements, using “local” or non-appropriated funds for any portion of the increase which the Legislature has declined to fund with its biennial appropriation. If the Legislature fails to appropriate funds for a salary increase for university employees, the extent to which the university may fund such increases with non-appropriated funds depends on the language of the budget act covering the period in question.

AGLO 1981 NO. 13 > May 12 1981

(1) RCW 19.28.330 does not authorize the director of Labor and Industries to make expenditures from the Electrical License Fund without a legislative appropriation. (2) Exercising its authority under RCW 19.28.330, the Board of Electrical Examiners may, in effect, require the Department of Labor and Industries to reduce expenditures from the Electrical License Fund below the levels contained in the budget developed under the provisions of the Budget and Accounting Act, chapter 43.88 RCW, by disapproving, in advance, particular expenditures or kinds of expenditures.

AGO 1951 NO. 14 > Apr 13 1951

The County Commissioners, City Commissioners, and council of the constituent counties, cities and towns of a joint local defense organization established pursuant to the Washington Civil Defense Act of 1951, may appropriate money for their respective shares of the cost of the civil defense activities of the local organization, and pay the same into a special pool fund to be administered, and expended on behalf of the local defense organization.