Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGLO 1978 NO. 3 >

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.

AGO 1993 NO. 3 >

1.  RCW 42.17.080-.090 require political committees to report campaign contributions to the Public Disclosure Commission.  This requirement only applies to political committees.  An organization is only a political committee if a primary purpose of the organization is to affect, directly or indirectly, governmental decision making by supporting or opposing candidates or ballot propositions. 2.  Washington must have jurisdiction over an out-of-state political committee in order to impose its campaign reporting requirements.  To obtain jurisdiction there must be purposeful minimum contacts between the out-of-state organization and Washington.  This is a factual question that must be determined on a case by case basis, however, the act of making contributions in Washington establishes the necessary jurisdiction. 3.  If Washington does not have jurisdiction over an out-of-state political committee, it is not required to file reports with the state.  However, if this nonreporting committee subsequently makes contributions to candidates in Washington, it must file a report pursuant to RCW 42.17.090(1)(k) as a nonreporting political committee or its contribution will be forfeited to the state.

AGO 1986 NO. 5 >

The permanent common school fund, public pension and retirement funds, and the industrial insurance trust funds may be invested in securities lending agreements and reverse repurchase agreements pursuant to amendments to the Washington Constitution which allow such funds to be invested as authorized by law.

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.

AGLO 1981 NO. 5 >

Where monies totalling $2,000 or more have been placed in trust with a superior court clerk in connection with a particular matter in litigation, and a litigant in the matter has filed a written request that investment be made of such funds and the income be paid to the beneficiary, all income from such investment is to be paid to the beneficiary with the exception of five percent thereof which the statute allows the clerk to deduct as an investment service fee.

AGO 1994 NO. 6 >

1.  RCW 28A.530.010 authorizes school districts to issue bonds for certain capital projects.  The acquisition of school buses is not a capital project.  Therefore, the proceeds of bonds issued pursuant to RCW 28A.530.010 cannot be used to acquire school buses. 2.  RCW 28A.530.080 authorizes school districts, under certain circumstances, to issue bonds without a vote of the people.  Proceeds of bonds issued pursuant to RCW 28A.530.080 may be deposited in the transportation vehicle fund.  One purpose of this fund is to acquire school buses. 3.  If the proceeds of bonds issued, without a vote of the people, pursuant to RCW 28A.530.080 are deposited in the transportation vehicle fund, the proceeds may be used to acquire replacement school buses.

AGLO 1977 NO. 8 >

A public housing authority established pursuant to chapter 35.82 RCW, although authorized to purchase time certificates of deposit issued by certain in-state financial institutions under chapter 39.68 RCW, has no legal authority to purchase such certificates of deposit when issued by out-of-state financial institutions.

AGO 1979 NO. 8 >

(1) RCW 36.33.065 does not authorize a board of county commissioners to establish a special fund for the payment of only a certain category of claims against a county; i.e., tort claims not covered by insurance; however, RCW 36.33.020, authorizing the creation of one or more county cumulative reserve funds for specified county purposes, does authorize a board of county commissioners to establish such a special county fund for the payment of tort claims not covered by insurance.  (2) Except as provided by RCW 36.29.020, any interest earned through the investment of monies in a county cumulative reserve fund established under RCW 36.33.020, would properly be creditable to the cumulative reserve fund from which the particular investments were made.

AGO 1993 NO. 8 >

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.

AGO 1959 NO. 9 >

Funds of the state employees' retirement system and the Washington state teachers' retirement system may be utilized to purchase obligations insured by the federal government under the Bankhead-Jones Farm Tenant Act.