Other LanguagesIt would not be unconstitutional for a school district to operate a school breakfast program in such a manner that public funds are used to pay the difference between the amount reimbursed by the federal government for providing meals to eligible students and the total cost of the program where (1) federal eligibility is based on income status; (2) districts would save substantial administrative costs in federal reporting requirements by using such a system; and (3) the school education program benefits where students are properly fed.
1. Article VIII, section 10 of the Washington Constitution and RCW 54.16.280 do not authorize public utility districts to finance projects that involve the installation or operation of pellet stoves, solar power systems, wind turbines, geothermal energy systems, or mini-hydroelectric systems on private property, for the reason that these projects would involve conversion from one energy source to another.
State matching funds held in the Washington State Opportunity scholarship and endowment accounts probably may not be invested in the stocks of private companies pursuant to article XII, section 9 of the Washington Constitution.
1. Article 8, sections 5 and 7, and article 12, section 9 of the Washington Constitution prohibit gifts or loans of public money or credit and the acquisition of interests in private stocks or bonds. 2. RCW 43.84.080(7) authorizes the state treasurer, under certain circumstances, to invest public funds in commercial paper. RCW 39.59.020 empowers local governments to make investments authorized by law for the state treasurer. 3. Under article 8, sections 5 and 7, and article 12, section 9 of the Washington Constitution, state and local governments can invest in commercial paper purchased on the secondary market.
1. It would not be a gift of public funds or lending of state credit to require fingerprint-background checks of current employees of private schools, and to appropriate state funds to pay for such checks. 2. A proposed bill which would appropriate state funds to pay for fingerprint-background checks on all employees of private schools would not, as written, violate the state constitutional prohibitions against applying public funds or property in support of religion.
1. Laws of 1919, ch. 166, which was repealed in 1949, granted owners of Bush Act tidelands the right to cultivate clams in addition to oysters. Article 8, sections 5 and 7, of the Washington Constitution, prohibit gifts of public funds. Under the court's contemporary construction of article 8, sections 5 and 7, Laws of 1919, ch. 166 is not clearly unconstitutional and anyone challenging the law would have a heavy burden of establishing beyond a reasonable doubt that the law is unconstitutional. 2. Rights acquired under a statute can vest if one substantially changes position in reliance on the statute, even if it is later repealed. The repeal of Laws of 1919, ch. 166, in 1949, did not extinguish the right to cultivate clams granted by the law for those owners of Bush Act tidelands who were cultivating clams in 1949 when the act was repealed. 3. When the Legislature repealed Laws of 1919, ch. 166, it did not indicate how long any vested right to cultivate clams might continue. The Legislature may adopted legislation to eliminate or phase out whatever vested rights remain to cultivate clams, provided that the conditions under which such rights are phased out or discontinued are reasonable.
1. The term "tourist expansion" as used in RCW 67.28.210 refers to activities designed to increase tourism and tourist activity in a given geographical area. 2. RCW 67.28.210 does not generally permit counties or cities to use tax revenues generated thereunder for the production or resale of shirts containing the logo of an annual community event; however, the proviso added to the statute by Laws of 1995, Ch. 290, section 1 does permit the proceeds to be used for advertising and promotional materials, which might include promotional shirts, where the conditions set forth in the proviso are met. 3. RCW 67.28.210 governs the expenditure of revenues authorized by its language; RCW 35.21.700 is a more general statute covering expenditure by cities of other available revenues.
RCW 69.50.505(i) allows the use of drug proceeds for activities that relate to controlled substances but incidentally further other law enforcement purposes.
1. RCW 82.46.075 authorizes a county to impose certain sales and use taxes for the purpose of providing affordable housing for persons of low and moderate income; it does not violate the constitutional provisions against gifts and lending of credit to provide housing assistance to persons or households whose incomes could reasonably be described as “low” or “moderate.” 2. RCW 82.46.075 authorizes a county to develop criteria for eligibility for housing programs funded through the sales tax authorized by the statute; the statute is broad enough to permit a county to provide a preference to public employees if the county can show that such a preference will further the statutory purpose of the program.
1. If, through annexation or incorporation, a city acquires more than 60 percent, but less than 100 percent, of the assessed valuation of the real property of a fire protection district, all of the district's assets and a proportionate share of the district's liabilities, pension fund assets and liabilities excepted, are transferred to the city. 2. If, through annexation or incorporation, a city acquires more than 60 percent, but less than 100 percent, of the assessed valuation of the real property of a fire protection district which has existing liabilities for pension obligations established pursuant to chapter 41.16 or 41.18 RCW, and has funds dedicated for the payment of such obligations, both the liabilities and the assets are retained by the fire protection district.