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Bob Ferguson

AGLO 1971 No. 80 -
Attorney General Slade Gorton

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                                                                   June 16, 1971
Honorable August P. Mardesich
Chairman, Interim Committee
on Banking, Insurance & Transportation
3731 University Way N.E. Nos. 201-202
Seattle, Washington 98105                                                            Cite as:  AGLO 1971 No. 80 (not official)
Dear Sir:
            This is written in response to your letter dated June 8, 1971, requesting us to advise the interim committee on banking, insurance and utility regulation
            ". . . as to the legality of entering into a contract for personal services wherein the services are to extend beyond the current biennium, while the full payment for the services to be rendered under such contract is to be made upon the signing of the contract during the current biennium."
            In our opinion, such a procedure would be prohibited by RCW 43.88.160, which provides in pertinent part as follows:
            ". . . It shall be unlawful for the treasurer to issue any warrant or check for public funds in the treasury except upon forms duly prescribed by the budget director.  Such forms shall provide for authentication and certification by the agency head or his designee that the services have been rendered or the materials have been furnished.  . . ."
            RCW 43.88.020 broadly defines the term "agency" as follows:
            "(4) 'Agency' shall mean and include every state office, officer, each institution, whether educational, correctional or other, and every department, division, board and commission, except as otherwise provided in this chapter."
             [[Orig. Op. Page 2]]
            As you will note, those provisions are not related exclusively to the executive branch and, in our opinion, include legislative committees.  That conclusion is fortified by reference to RCW 43.88.090 in the same chapter, which expressly makes reference to the legislature for certain purposes of the act, and RCW 43.88.230 under which legislative interim committees are expressly deemed a part of the legislative branch.
            We trust the foregoing will be of assistance to you.
Very truly yours,
Robert F. Hauth
Assistant Attorney General