Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1998 NO. 5 >

The State Treasurer is not authorized to withdraw monies previously deposited in the emergency reserve fund or in the education construction fund pursuant to Initiative 601 (RCW 43.135.045); however, the Treasurer may take into account possible changes in circumstances in deciding how much to transfer quarterly into either of these two funds.

AGO 2008 NO. 10 >

1. The maximum occupancy cost per square foot provision of subsection (8) of the capital budget authorization for the “Wheeler Block” development applies only to the “office building” component of the proposed project. 2. In calculating the occupancy cost per square foot on the “Wheeler Block” project, the calculation may be performed on both a square foot and a per employee basis, but it is not necessary to perform both calculations on the same structures. 3.  The lease rate adjustment that is to be performed based on “level of service” should take into account differences in essential systems and general services that are typically provided to office tenants. 4.  The total cost of the “Wheeler Block” facilities to be financed will effectively be limited by a guaranteed maximum price development agreement. 5.  With respect to the Office of Financial Management (OFM) certification referred to in the budget authorization for the “Wheeler Block” project, the Legislature assumes that OFM will properly exercise its discretion in making the certification; the law does not permit the state Treasurer to reject the certification as “inaccurate.” 6.  A properly drafted financing contract that complies with RCW 39.94 and which is accompanied by (1) a properly drafted Finance Committee resolution and (2) properly drafted transaction and offering documents will not create state indebtedness; the use of 63-20 financing would not change this result. 7.  Facilities that are constructed under properly authorized and structured “63-20 financings” do not constitute “public works” under RCW 39.04.

 

AGO 1989 NO. 14 >

1.The State Treasurer may invest funds contained in the natural resources deposit fund established pursuant to RCW 43.85.130(1)(c), except for funds derived from the sale or disposition of public lands.2.The State Investment Board may invest funds contained in the natural resources deposit fund and derived from the sale or disposition of public lands, and held in a temporary depository, pursuant to RCW 43.33A.010.3.The State Treasurer may, pursuant to RCW 43.84.080, invest funds in the resource management cost account (RCW 79.64.020).4.The State Treasurer may, pursuant to RCW 43.84.090, deduct twenty percent of all income received from the investment of the surplus contained in the natural resources deposit fund and the resource management cost account, except for income from the investment of trust moneys; this income must be apportioned to the appropriate funds pursuant to RCW 79.64.055.5.RCW 43.84.090 does not authorize the State Treasurer to deduct any portion of income received from the investment of trust funds which obtain their revenue from the management of trust lands; the Legislature could authorize such a deduction to the extent consistent with general trust principles. 

AGO 1994 NO. 15 >

1.  Current law requires county treasurers to remit to the state treasurer 46 percent of all superior court filing fees covered by RCW 36.18.020 before calculating any amounts due to the county or regional law library fund.  2.  After remitting the state's share of superior court filing fees to the state treasurer, county treasurers are required by RCW 27.24.070 to deposit an amount in the county or regional law library fund equal to $12 times the number of civil or probate fees paid in connection with the filing of a new matter.

AGO 1955 NO. 57 >

Accounts in the general fund shall be treated as general fund moneys.

AGO 1953 NO. 70 >

1. The general bond of the State Treasurer to the State of Washington in the amount of $250,000 covers all the various state funds and trust funds of which he is custodian, with the exception of those which require an additional bond in the act setting up such fund. 2. Fidelity bonds furnished by employees of the State Treasurer likewise cover these various and sundry funds.

AGO 1955 NO. 177 >

Treasurer may make interfund loan with consent of state finance committee from the motor vehicle fund.