LEGISLATURE - GAMBLING COMMISSION - BUDGET AND APPROPRIATION ACTS - GOVERNOR - APPROPRIATIONS
Extent to which gambling revolving fund is subject to allotment procedures under RCW 43.88 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.
COLLEGES AND UNIVERSITIES - COMMUNITY COLLEGES - PROPERTY - APPROPRIATIONS
USE AND DISPOSITION OF PROCEEDS FROM SALE OF COMMUNITY COLLEGE REAL PROPERTY 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.
FUNDS - AGRICULTURE - APPROPRIATIONS - LEGISLATURE
USE OF GRAIN AND HAY INSPECTION REVOLVING FUND (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.
STATUTES - APPROPRIATIONS - COMMUNITY COLLEGES
USE OF BUDGET ACT TO LIMIT DELEGATED AUTHORITY TO FIX COMPENSATION 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.
INITIATIVES AND REFERENDUM - APPROPRIATIONS - TAXATION
Interpretation of provisions of Initiatives 601 and 602 that deal with the same subject in different ways 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.
COLLEGES AND UNIVERSITIES - STATE EMPLOYEES - SALARIES AND WAGES - COMPENSATION - BUDGET AND APPROPRIATION ACTS - APPROPRIATIONS
Extent to which a university may vary individual salary increases given language in operating budget appropriation funds for an “average” increase 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.
APPROPRIATIONS - INTENT OF THE LEGISLATURE
APPROPRIATIONS ‑- INTENT OF THE LEGISLATURE Proper disbursements may be made from the alcoholism account in the state treasury under the appropriation contained in § 7, chapter 136, Laws of 1957.
APPROPRIATIONS - SCHOOL BUILDINGS
USE OF FUNDS TO CONSTRUCT A CHILDREN'S EDUCATIONAL BUILDING AT A STATE INSTITUTION Legislative appropriations made for the purpose of constructing school buildings used in carrying out day school programs may not be used to construct an educational building on the grounds of a state institution which provides residential care, training and education for children of this state.
APPROPRIATIONS Legislature may make appropriation to pay salary earned in previous biennium.
FUNDS - STATE - MOTOR VEHICLE - HIGHWAY SAFETY - STATE PATROL RETIREMENT - APPROPRIATIONS
FUNDS ‑- STATE ‑- MOTOR VEHICLE ‑- HIGHWAY SAFETY ‑- STATE PATROL RETIREMENT ‑- APPROPRIATIONS. 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.
CLAIM AGAINST STATE - MERGER OF CAUSE OF ACTION AND JUDGMENT - APPROPRIATIONS - STATE AUDITOR
CLAIM AGAINST STATE ‑- MERGER OF CAUSE OF ACTION AND JUDGMENT ‑- APPROPRIATIONS ‑- STATE AUDITOR Where a claim against the state for old age assistance accrued during the previous biennium and a judgment for the amount of such claim was entered in the current biennium, such claim was merged with the judgment and effective as of the date of entry of the judgment. The state auditor should issue a warrant for the amount of the judgment and costs.
APPROPRIATIONS An appropriation to the Department of Agriculture for "Indemnities and Control of Bang's Disease and Bovine Tuberculosis; Control of Mastitis, Plant Diseases, Insect Pests, Apiculture; Marketing Research" cannot properly be used for paying indemnities to the owners of swine.
CIVIL DEFENSE - CITIES AND COUNTIES - APPROPRIATIONS - DISBURSEMENT BY COMMITTEE
CIVIL DEFENSE ‑- CITIES AND COUNTIES ‑- APPROPRIATIONS ‑- DISBURSEMENT BY COMMITTEE
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.
PUBLIC PRINTER - PORT OF SEATTLE - APPROPRIATIONS
PUBLIC PRINTER -- PORT OF SEATTLE -- APPROPRIATIONS
(1) Appropriation may be paid in kind as well as in cash.(2) Public printer may only perform work on requisition by state officials - he may not do work on requisition presented by Port of Seattle
OFFICES AND OFFICERS - STATE - DIRECTOR OF LABOR AND INDUSTRIES - BOARD OF ELECTRICAL EXAMINERS - APPROPRIATIONS - FUNDS
BASIS FOR EXPENDITURES FROM ELECTRICAL LICENSE FUND UNDER RCW 19.28.330 (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.
APPROPRIATIONS - LEGISLATURE - LANDS - RECREATION
USE OF LANDS ACQUIRED WITH CERTAIN APPROPRIATION 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.
OFFICES AND OFFICERS - STATE - DEPARTMENT OF GAME - APPROPRIATIONS
EFFECT OF APPROPRIATIONS TO PAY LEGAL COSTS ASSOCIATED WITH CERTAIN FLOOD CONTROL DISTRICT LITIGATION 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.
APPROPRIATIONS - STATE - LEGISLATURE - GOVERNOR
CONSTITUTIONALITY OF PROPOSED CAPITAL BUDGET In the event that a special session of the legislature is convened by the Governor sometime during the winter or early spring of 1978, that session of the legislature would not be either constitutionally or statutorily precluded from enacting a bill making appropriations for designated capital projects pursuant to which expenditures for such projects could be made during the period commencing on July 1, 1978 and ending June 30, 1980.
TAXATION - MOTOR VEHICLES - CITIES AND TOWNS - APPROPRIATIONS - STATE
USE OF LOCAL MOTOR VEHICLE EXCISE TAX REVENUES FOR STATE PURPOSES 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.
OFFICES AND OFFICERS - STATE - GOVERNOR - AUDITOR - APPROPRIATIONS
AUDITS OF MANSION MAINTENANCE ACCOUNT 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.
APPROPRIATIONS - STATE - COMMUNITY COLLEGES - SALARIES
LIMITATION UPON SALARY INCREASES FOR COMMUNITY COLLEGE EMPLOYEES Answers several questions pertaining to the average 5% salary increase provided for by § 6(3), chapter 133, Laws of 1975-76, 2nd Ex. Sess., for community college and other educational employees.
OFFICES AND OFFICERS - STATE - DATA PROCESSING AUTHORITY - APPROPRIATIONS
PAYMENT SCHEDULES (1) It would be legal under the state constitution and applicable statutes for the Washington state data processing authority to agree to a proposed revision in the payment schedule provided for in an existing contract for the purchase of a computer whereby certain payments due during the remainder of the current (1975-77) biennium would be deferred until the next (1977-79) biennium. (2) In the event of such a revision in the payment schedule, the data processing authority may, in theory, change the charges made to users of the computer involved to reflect its own new payment schedule; it may, however, only pass on the new cost figures to those user agencies funded through legislative appropriations to the extent that the revised charges still reflect the actual "true and full value" of the facilities and services received by that user agency in exchange.
LEGISLATURE - APPROPRIATIONS - STATE
CONSTITUTIONALITY OF RELIEF APPROPRIATIONS Discussion of constitutional criteria to be applied under Article VIII, § 5 of the state constitution with respect to appropriations made by the legislature for the relief of certain individuals or organizations for legally unenforceable claims against the state.
LEGISLATURE - APPROPRIATIONS - CRIMES - FAILURE OF LEGISLATURE TO COMPLY WITH RCW 43.88.080
LEGISLATURE ‑- APPROPRIATIONS ‑- CRIMES ‑- FAILURE OF LEGISLATURE TO COMPLY WITH RCW 43.88.080
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.
OFFICES AND OFFICERS - STATE - DEPARTMENT OF AGRICULTURE - FUNDS - APPROPRIATIONS - TRANSFER OF CERTAIN LOCAL FUNDS
OFFICES AND OFFICERS ‑- STATE ‑- DEPARTMENT OF AGRICULTURE ‑- FUNDS ‑- APPROPRIATIONS ‑- TRANSFER OF CERTAIN LOCAL FUNDS 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.
OFFICES AND OFFICERS - STATE - PARKS AND RECREATION COMMISSION - APPROPRIATIONS - USE OF FULL APPROPRIATION TO ACQUIRE LESSER AMOUNT OF REAL PROPERTY
OFFICES AND OFFICERS ‑- STATE ‑- PARKS AND RECREATION COMMISSION ‑- APPROPRIATIONS ‑- USE OF FULL APPROPRIATION TO ACQUIRE LESSER AMOUNT OF REAL PROPERTY 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.
APPROPRIATIONS - PUBLIC DISCLOSURE LAW - REPORTING AGENCY EXPENDITURES IN SUBMITTING REQUESTS FOR APPROPRIATIONS
APPROPRIATIONS ‑- PUBLIC DISCLOSURE LAW ‑- REPORTING AGENCY EXPENDITURES IN SUBMITTING REQUESTS FOR APPROPRIATIONS 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.
APPROPRIATIONS - LEGISLATURE - STATE AGENCIES - ADOPTION OF BIENNIAL BUDGET
APPROPRIATIONS ‑- LEGISLATURE ‑- STATE AGENCIES ‑- ADOPTION OF BIENNIAL BUDGET 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.
OFFICES AND OFFICERS - STATE - STATE BOARD FOR COMMUNITY COLLEGE EDUCATION - COMMUNITY COLLEGES - APPROPRIATIONS - EMPLOYEES
OFFICES AND OFFICERS ‑- STATE ‑- STATE BOARD FOR COMMUNITY COLLEGE EDUCATION ‑- COMMUNITY COLLEGES ‑- APPROPRIATIONS ‑- EMPLOYEES 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.
OFFICES AND OFFICERS - STATE - HIGHER EDUCATION PERSONNEL BOARD - CIVIL SERVICE - SALARIES - APPROPRIATIONS
OFFICES AND OFFICERS ‑- STATE ‑- HIGHER EDUCATION PERSONNEL BOARD ‑- CIVIL SERVICE ‑- SALARIES ‑- APPROPRIATIONS Section 86, chapter 137, Laws of 1973, 1st Ex. Sess., does not require the higher education personnel board to adopt, and the various affected educational institutions to accept, a revised salary schedule for those classified employees who are under its jurisdiction that will fully implement 50% of the salary increase for those employees proposed in the board's July, 1972, salary survey, where the appropriations contained therein are insufficient to enable those institutions to fund such salary increases as would be payable under that schedule; the board is, however, required to adopt a salary schedule which will bring the employees covered as close to the board's determination of prevailing wages as is possible within the appropriations.
OFFICES AND OFFICERS - STATE - SUPERINTENDENT OF PUBLIC INSTRUCTION - APPROPRIATIONS - CONTINUATION OF $40 PER MONTH SALARY INCREASE
OFFICES AND OFFICERS ‑- STATE ‑- SUPERINTENDENT OF PUBLIC INSTRUCTION ‑- APPROPRIATIONS ‑- CONTINUATION OF $40 PER MONTH SALARY INCREASE To the extent that the funds appropriated by § 86, chapter 137, Laws of 1973, 1st Ex. Sess., for continuation of the $40 per month salary increase provided by chapter 8, Laws of 1973, for school district classified employees are sufficient for that stated purpose, they are to be distributed on the basis of the amount necessary for each district to continue such increase, independent of the substantive provisions of the school apportionment formula.
OFFICES AND OFFICERS - STATE - STATE EMPLOYEES INSURANCE BOARD - FUNDS - APPROPRIATIONS - INSURANCE
OFFICES AND OFFICERS ‑- STATE ‑- STATE EMPLOYEES INSURANCE BOARD ‑- FUNDS ‑- APPROPRIATIONS ‑- INSURANCE It is not legally necessary for the legislature to make an appropriation from the state employees' insurance revolving fund in order to permit expenditures therefrom; where, however, an appropriation from this fund is made it constitutes a limitation upon the amount that may be expended during the period covered by the appropriation.