Could the state library commission accept federal rural-library funds and designate the librarian to administer the program?
Apply this to your situation
This page answers the general question as of 1957. Ask about yours and see what current Washington law means for your facts, with citations you can check.
Plain-English summary
The Washington AG concluded that the State Library Commission could accept and spend federal money for rural library service according to grant terms. It also could designate the state librarian as the person responsible for administering the program. The opinion relied on the commission’s express federal-grant power and its control over the state library and librarian.
The official opinion states: “The state library commission has the authority to accept federal funds to assist in its rural library program; the commission may designate the state librarian as the individual responsible for carrying out the program.” (source).
Currency note
This opinion was issued in 1957. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.
Common questions
Q: Could the commission accept the federal grant?
A: Yes. The AG cited its express authority to accept and spend federal library funds under grant terms.
Q: Could the librarian run the program?
A: Yes. The AG found that designation implied by the commission’s administrative authority.
Q: Had Washington already submitted a federal plan?
A: The request said the state was not yet ready to submit one; the opinion addressed legal authority to proceed.
Background and statutory framework
The state librarian asked about federal funds available under the Library Services Act. The AG considered whether the commission could supervise the money and assign operational responsibility to the librarian.
Source
Original opinion text
Attorney General John J. O'Connell
STATE LIBRARY - ACCEPTANCE OF FEDERAL FUNDS
The state library commission has the authority to accept federal funds to assist in its rural library program; the commission may designate the state librarian as the individual responsible for carrying out the program.
January 7, 1957
Miss Maryan E. Reynolds
State Librarian
Temple of Justice
Olympia, Washington Cite as: AGO 57-59 No. 1
Dear Miss Reynolds:
You have asked us for certain information relative to the acceptance by the state library commission of federal funds authorized to be allotted to the various states under the provisions of the "Library Services Act," Title 20 U.S.C.A. § 351, chapter 16, et seq. 1956 Supp.
This act authorizes the allotment to the various states of certain funds, provided that they have submitted and have had approved by the commissioner of education, state plans for the further extension of public library services to rural areas.
You state that as yet you are not ready to submit such a plan for the state of Washington, although the general principles under which you intend to proceed have been established.
You have inquired:
(1) Whether the state library commission has the needed authority to supervise the expenditure of federal funds according to the principles established; and
(2) whether the commission may designate the state librarian as the individual responsible for carrying out the program.
Our answer to both questions is in the affirmative.
[[Orig. Op. Page 2]]
ANALYSIS
The state library commission is composed of the superintendent of public instruction and four commissioners appointed by the governor. (RCW 27.04.020.) The powers granted to this commission are very broad. That it possesses the authority to supervise the expenditure of such federal funds as may be granted for library use is clear from the explicit terms of RCW 27.04.060, which reads as follows:
"The state library commission is authorized to accept and to expend in accordance with the terms thereof any grant of federal funds which may become available to the state for library purposes. For the purpose of qualifying to receive such grants, the state library commission may make such applications and reports as may be required by the federal government as a condition thereto."
That the commission may designate the state librarian as the individual responsible for carrying out the federal program seems necessarily to be implied from the language of RCW 27.04.030, reading as follows:
"The state library commission shall have charge and control of the state library. It shall appoint the state librarian, who shall hold office at the pleasure of the commission. It may make rules and regulations governing the administration of the library and formulate policies for the development of all types of library service throughout the state." (Emphasis supplied.).
We trust the foregoing will prove helpful.
Very truly yours,
DON EASTVOLD
Attorney General
JOHN S. ROBINSON
Assistant Attorney General
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