Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1965 NO. 51 >

1. Under existing law it is necessary that all monies belonging to the OASI fund be physically segregated from other treasury monies as well as being segregated by bookkeeping processes. 2. The governor, in exercising his statutory authority over the OASI contributions fund may, under RCW 41.48.100, authorize the state finance committee to invest the fund surpluses in accordance with RCW 43.84.080.

AGLO 1977 NO. 51 >

(1) RCW 28A.58.740, which authorizes school districts to invest funds accumulated thereunder in shares of an investment company, must be presumed by this office to be constitutional until otherwise ruled upon by a court of competent jurisdiction; moreover, the constitutionality of any such investments could conceivably depend upon the terms of the particular deferred compensation plan involved. (2) RCW 28A.58.740 does not constitute authority for a state‑regulated credit union to receive funds deposited pursuant to that section.

AGO 1965 NO. 59 >

(1) Under § 1, chapter 240, Laws of 1965, Ex. Sess. (RCW 36.33.110), the board of county commissioners is required to expend at least fifty percent of federal forest funds received by the county for the benefit of the public schools.  Since the legislature has not prescribed the manner of apportioning the money, the board of county commissioners may, in the exercise of its sound discretion, make any apportionment it desires as long as the money is used for the benefit of the public schools including but not limited to division of the funds either (1) among the school districts of the county to be expended as the boards of directors thereof may direct, or (2) among the school districts of the county to be expended in the manner directed by the board of county commissioners. (2) An expenditure by the county for removal of snow and bridge repair on county roads, which incidentally benefits the schools, cannot be charged to that portion of the federal forest funds which must be expended for the public schools. (3) The county commissioners acting pursuant to § 1, chapter 140, Laws of 1965, Ex. Sess., may not allot federal forest funds to the county superintendent's budget.

AGO 1955 NO. 61 >

A municipal corporation is insured only up to an aggregate amount not in excess of $10,000.00 on all non-statutory [[nonstatutory]] funds deposited in one savings and loan association, unless more than one officer of the corporation is authorized to have custody of and deposit its funds.

AGLO 1975 NO. 63 >

Extent to which the 1975 legislature may constitutionally divert proceeds derived from local motor vehicle excise taxes under RCW 35.58.273, et seq., from the taxing municipality for other purposes.

AGLO 1974 NO. 63 >

The board of directors of an intermediate school district does not have the authority to invest or to authorize its county treasurer to invest funds which it receives from the state for distribution to local school districts under RCW 28A.48.010.

AGLO 1974 NO. 65 >

(1) If a schools district fails to conduct school for at least 180 days by reason of a cause not constituting an "unforseen emergency" as defined in RCW 28A.41.170, the district must forfeit a pro rata portion of its annual entitlement of state apportionment funds under RCW 28A.41.130. (2) If the failure of a school district to conduct school for at least 180 days is occasioned by an "unforeseen emergency" as thus defined, the district will be eligible for its full annual entitlement of state apportionment funds if the state superintendent of public instruction has so provided by rules and regulations adopted pursuant to RCW 28A.41.170.

AGO 1964 NO. 79 >

(1) The sums deposited to the credit of a school district under the authority of RCW 54.28.090 may become a part of the school district's general fund, building fund, or both. (2) Payments received by school districts under RCW 54.28.090 may only be considered receipts for the purpose of RCW 28.41.080 if they are in fact deposited in the school district's general fund.

AGLO 1975 NO. 89 >

School district funds, including associated student body funds, may not legally be deposited in a credit union.

AGO 1955 NO. 96 >

County auditor may lawfully draw warrants for dues to state and national associations of county commissioners.