Other LanguagesGiven
that the timber excise tax imposed by RCW 82.04.291 will expire on
December 31, 1978, under existing legislation, if the legislature were
to reimpose the tax during its next (1979) regular session, effective
January 1, 1979, such an enactment would be constitutionally valid;
moreover, this would be so even if the rate of the tax as reimposed were
to be different than the present rate; however, in order to strengthen
the defensibility of any such legislation it is recommended that it be
enacted into law and signed by the governor on or before March 1, 1979.
The legislature may not provide for the use of the principal assets of the permanent common school fund, scientific school permanent fund, university permanent fund, normal school permanent fund, agriculture college permanent fund, Millersylvania Park fund and C. E. P. & R. I. fund for capital outlay or current operations.
The State of Washington does not have the requisite authority, under federal law, to regulate radioactive emissions from a federal nuclear facility‑-except for air emissions, which may be monitored by the State Department of Ecology under the federal Clean Air Act amendments of 1977.
(1) The facilities of a state college or university may be used for a candidates' forum to which candidates for elective office would be invited on a nondiscriminatory basis to appear on campus to present their views and respond to questions from the audience, which forum would be sponsored by the student body or some other campus group and would involve no charge to the candidates for attendance or for use of the facilities. (2) The facilities of a state college or university may be used for the conduct of a political party convention on campus provided that the political party involved actually rents the facilities from the college pursuant to a legitimate lease or rental agreement. (3) A state college or university may allow student campus groups to sponsor meetings involving organizations such as the "Crab Shell Alliance" group opposing the Trident Base at Bangor and the "Greenpeace" group opposing nuclear power plants, utilizing the public facilities at the college as a forum for such organizations to espouse their beliefs.
The Washington State Parks and Recreation Commission does not now have the authority, under § 52, chapter 3, Laws of 1983, 2nd Ex. Sess., to promulgate and enforce rules of general state‑wide applicability prescribing recreational boating safety standards and equipment, consistent with Coast Guard regulations and standards.
(1) A person who is either appointed or elected to an unexpired term to which the $3,800 per year salary provided for by chapter 149, Laws of 1974, 1st Ex. Sess., is applicable is constitutionally prohibited from being paid at the increased salary rate ($7,200 per annum) provided for by § 1, chapter 113, Laws of 1975-76, 2nd Ex. Sess. at any time during the remainder of the Senate term to which he or she is thus appointed or elected. (2) A person who is either appointed or elected to a Senate vacancy to which the $7,200 per annum rate provided for in chapter 113, supra , is currently applicable is constitutionally prohibited from being paid at the further increased rate of $9,800 per annum, under § 1, chapter 318, Laws of 1977, 1st Ex. Sess. at any time during the remainder of such an unexpired term. (3) Each of the foregoing conclusions is equally applicable in those instances in which the person so appointed or elected to a Senate vacancy is, at the time of the appointment or election, an incumbent member of the state House of Representatives.
In the absence of a statute, charter provision, ordinance or bond covenant to the contrary, interest earned on the investment of state or municipal bond proceeds is to be credited to the building or other project fund into which those bond proceeds themselves were placed and not to the bond redemption fund.
1. The Enabling Act and article 16, section 1 of the Washington Constitution constitute a declaration of trust with regard to the property granted to the State by the United States in the Enabling Act. The constitutional trust established in article 16, section 1 does not apply to land donated to the Washington Territory that was not confirmed or reconveyed to the State in the Enabling Act. 2. The State's ability to use or transfer property acquired from the United States by grant is limited by any restrictions contained in the federal grant. However, since title to the property rests with the State, it may use or transfer the property as it chooses, so long as the State's use or transfer conforms to the restrictions in the grant. 3. Under RCW 79.01.006(2), federal restrictions on property, that limit its use to public recreational and other specific purposes, are binding conditions that conflict with other provisions of RCW 79.01.006. Therefore, property subject to such restrictions is not included in the corpus of the educational, penal, and reformatory institution account pursuant to chapter 79.01 RCW.
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.
It is not a violation of Article VIII, §§ 5 or 7 of the state Constitution for the governor to proclaim a legal holiday in accordance with the authority granted to him in RCW 1.16.050.