INTERPRETATION OF A PORTION OF SECTION 2, CHAPTER 289, LAWS OF 1953

INTERPRETATION OF A PORTION OF SECTION 2, CHAPTER 289, LAWS OF 1953

80% limitation in act is exception and applicable only to the real estate commission fund.

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                                                                 August 21, 1953

Honorable Della Urquhart
Director
Department of Licenses
Transportation Building
Olympia, Washington                                                                                                              Cite as:  AGO 53-55 No. 119

Dear Mrs. Urquhart:

            You have asked for an opinion on the following portion of section 2, chapter 289, Laws of 1953, reading as follows:

            "FROM THE REAL ESTATE COMMISSION FUND

                        For the Department of Licenses:

            "To Carry out the Provisions of House Bill No. 289, expenditures not to exceed 80% of the receipts heretofore or hereafter accruing under the act . . .

                        $352,000.00"

            Your specific question is whether the phrase "expenditures not to exceed 80% of the receipts heretofore or hereafter accruing under the act" means 80% of the total receipts accruing under the act to both the general fund and the real estate commission fund, or a limitation of 80% on the real estate commission fund.

            Our opinion is that the 80% referred to means 80% of that money in the real estate commission fund.

                                                                     ANALYSIS

            By the provisions of the act the sum of $5.00 from each license fee and each renewal fee from brokers, associate brokers, or salesmen goes to the general fund.  The balance of such fees and all other fees under the act goes to the real estate commission fund.  Section 11, chapter 235, Laws of 1953, being RCW 18.85.220.

             [[Orig. Op. Page 2]]

            The language quoted from section 2, chapter 289, Laws of 1953, the supplemental appropriation bill, designates $352,000 from the real estate commission fund for the Department of Licenses to administer chapter 235, the Laws of 1953, or not over 80% of the receipts accruing under the act.  The portion of the receipts accruing under the actfor the administration of the act goes into the real estate commission fund.  It necessarily follows that the 80% limitation is on the real estate commission fund, since this is the only fund upon which the commission may draw for the expenses of administering chapter 235, Laws of 1953.

Very truly yours,

DON EASTVOLD
Attorney General

CYRUS A. DIMMICK
Assistant Attorney General