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Bob Ferguson

AGO 1957 No. 43 -
Attorney General John J. O'Connell

CAPITOL COMMITTEE ‑- EXPENDITURE OF CAPITOL BUILDING FUNDS ‑- STATE LIBRARY

The Capitol committee may not legally expend funds for the clearing of Capitol Lake before the state library is under construction.

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                                                                    April 5, 1957

Honorable Maryan E. Reynolds
State Librarian
Temple of Justice
Olympia, Washington                                                                                                                Cite as:  AGO 57-58 No. 43


Dear Miss Reynolds:

            You have inquired whether the Capitol Committee may legally expend funds for the clearing of Capitol Lake before the State Library is under construction.

            Our answer is in the negative.

                                                                     ANALYSIS

            Authorization for the construction of the State Library is contained in House Bill No. 50, which has been passed by the legislature and signed into law by the governor.  Since the bill contained an emergency clause it is presently in effect.  It provides that the Capitol Committee shall construct and furnish a State Library upon a specified site.  It then provides:

            "This shall be a priority project and no capitol building funds * * * shall be expended until the state library building is under construction."

             [[Orig. Op. Page 2]]

            There is additional reason for the conclusion we have reached.  Authorization for the capitol committee to expend capitol building funds for the clearing of debris from Capitol Lake was contained in chapter 279, Laws of 1955, codified as RCW 79.24.260 (1955 Supp.).  This authorization was expressly removed by House Bill No. 50.

            We trust the foregoing will prove helpful.

Very truly yours,

JOHN J. O'CONNELL
Attorney General


JOHN S. ROBINSON
Assistant Attorney General