Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1968 NO. 31 >

(1) The tort claims account in the state general fund cannot be regarded as a revolving fund under present law; therefore, tort judgments against the state can only be paid to the extent that appropriations have been made by the legislature for their payment from this account. (2) After the $400,000 originally allocated from the governor's emergency appropriation to the tort claims account for the current biennium by the 1967 legislature is expended, the governor may not allocate any additional funds from his emergency appropriation to this account. (3) The governor may not allocate funds to the tort claims account from his contingency fund, under the terms of this appropriation for the current biennium, even upon approval of 60% of the legislative budget committee and the legislative council.

AGLO 1975 NO. 35 >

The state motor vehicle fund may be used to finance the operation of a proposed state department of transportation only to the extent that the activities and services of such a department would be related to highway purposes within the meaning of Article II, § 40 (Amendment 18) of the state constitution.

AGO 1959 NO. 35 >

The funds of the state employees' retirement system and the Washington state teachers' retirement system may be utilized to purchase obligations fully guaranteed by the United States government under the Military Housing Act (Title 42 U.S.C.A., § 1594).

AGLO 1976 NO. 36 >

If a public depositary is unwilling to provide the service of cashing or giving credit for state warrants, the state treasurer's office would be legally justified in excluding that depositary from further participation in the time deposit program provided, of course, the same restriction is imposed for any institution unwilling to agree to such a condition.

AGO 1955 NO. 36 >

Administrative Contingency Fund moneys may be used for purposes not chargeable against funds obtained from Federal sources.

AGO 1965 NO. 38 >

A county finance committee does not have the authority to direct which of several eligible banks shall be designated by the county treasurer as depositary of county funds or to determine the amount of funds to be placed in a particular depositary.

AGO 1965 NO. 39 >

Article XVI, § 5, of the state constitution applies to (and thereby inhibits the investment of) the agricultural college permanent fund, normal school permanent fund, scientific school permanent fund and the university permanent fund.

AGLO 1974 NO. 41 >

The city of Seattle may not use moneys in its arterial street fund to repay the urban arterial board for state funds expended by that city in the purchase of right-of-way for the now abandoned Bay Freeway project.

AGO 1965 NO. 50 >

(1) A transfer of funds from the University permanent fund to the "University of Washington bond retirement fund" or to the University building account under authority of § 4, chapter 135, Laws of 1965, Ex. Sess., is not inconsistent with so much of § 1, chapter 135, Laws of 1965, Ex. Sess., as requires that certain designated proceeds "shall be deposited to the credit of the state university permanent fund, shall be retained therein and shall not be transferred to any other account or fund," because § 1 applies only to proceeds received after the effective date of chapter 135, Laws of 1965, Ex. Sess. (2) Same :  The provisions of § 4, chapter 135, Laws of 1965, Ex. Sess., requiring the state finance committee to liquidate permanent university fund investments under direction of the board of regents of the University as a step in accomplishing a requested transfer of funds from the university permanent fund to the university bond retirement fund or university building account does not conflict with Article XVI, § 1, or Article IX, § 5, of the Washington State Constitution. (3) Same :  The commingling of the funds subject to transfer with those which may not be transferred because of restrictions in the Enabling Act does not prevent the transfer authorized by § 4, chapter 135, Laws of 1965, Ex. Sess., when it is possible to trace the separate fund sources and determine the total amount attributable to each source.

AGLO 1974 NO. 50 >

(1) To the extent that a prearrangement contract calls for the furnishing of services and/or the delivery of merchandise, the contract must be fully performed by the cemetery authority with which it was made, in accordance with its terms, before any withdrawals of moneys from the prearrangement trust fund provided for in RCW 68.46.030 can be made. (2) When an endowment care cemetery accepts a reservation for a burial plot with no requirement on the part of the beneficiary to make any payments until actual interment, and where the beneficiary is not obligated to utilize the reservation, the cemetery authority is not required to make any payments into its endowment care fund under RCW 68.40.010.