Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1993 NO. 16 >

1.  When two statutes passed by the Legislature deal with the same subject in different ways, the court will try to avoid any conflict by harmonizing the statutes, giving effect and meaning to both.  If the statutes cannot be harmonized, the court usually applies the statute enacted later on the theory that it repeals the earlier statute. 2.  Initiatives 601 and 602 deal with state revenue collections and expenditures in different ways.  Certain provisions of these two initiatives cannot be harmonized, giving effect and meaning to both. 3.  The usual rule of statutory construction that a later statute controls a conflicting statute enacted earlier does not apply in the case of two initiatives enacted simultaneously.  If Initiatives 601 and 602 pass and the Legislature does not act to resolve any conflict between them, the courts will have to develop a new rule to choose between conflicting provisions of the two initiatives.

AGO 1955 NO. 17 >

Legislature may make appropriation to pay salary earned in previous biennium.

AGO 1983 NO. 20 >

(1) The Grain and Hay Inspection Revolving Fund, established pursuant to RCW 22.09.500(1), may not be used for expenses not directly incurred by the Department of Agriculture's Division of Grain and Agricultural Chemicals (other than the five percent specifically authorized by statute for use in research and promotional work).   (2) A provision of the State's biennial operating budget, or supporting documents such as budget notes, may not authorize use of the Grain and Hay Inspection Revolving Fund in a manner inconsistent with the provisions of RCW 22.09.500.  

AGLO 1976 NO. 20 >

The legislature may not allocate, for general state purposes, revenues derived from the local motor vehicle excise tax provided for by RCW 35.58.273-35.58.279 without amending those preexisting substantive statutes.

AGLO 1979 NO. 21 >

A failure by the state legislature to have finally adopted a budget for state government at least 30 calendar days prior to the beginning of the next ensuing biennium, as contemplated by RCW 43.88.080, will not subject the individual members of the two houses to criminal prosecution under RCW 43.88.270.

AGO 1955 NO. 26 >

1. Highway Safety Fund can be consolidated with Motor Vehicle Fund.   2. Appropriation for State Patrol Retirement Fund could be made from Motor Vehicle Fund after such consolidation.

AGLO 1981 NO. 27 >

In view of the source of the appropriation involved it would be improper for the state to purchase the Milwaukee Railroad right-of-way and existing bridges from Easton in Kittitas County to Tekoa in Whitman County, in accordance with § 17, chapter 143, Laws of 1981, with the present intent or plan to use the subject property for a purpose other than recreation; however, based upon a material change of circumstances following its acquisition, justifying a corresponding change in use, it would be permissible for the legislature to authorize such an ensuing change in use of the land.

AGLO 1977 NO. 30 >

The state board for community college education may not use funds from the appropriation contained in § 114, chapter 339, Laws of 1977, 1st Ex.Sess., to fund staff positions in minority affairs in the office of the state board itself.

AGLO 1976 NO. 34 >

Appropriations made to the office of governor for mansion maintenance are subject to audit by the state auditor under the provisions of RCW 43.09.290, et seq.

AGLO 1978 NO. 39 >

RCW 42.17.190 does not require a state agency to include, in its quarterly reports to the Public Disclosure Commission under subsection (4) thereof an itemized listing of expenditures incurred by such agency in connection with the submission of requests for appropriations.