WSR 08-15-045
ATTORNEY GENERAL'S OFFICE
[
Filed July 11, 2008,
12:20 p.m.
]
NOTICE OF REQUEST FOR ATTORNEY GENERAL'S OPINIONWASHINGTON ATTORNEY GENERAL
The Washington attorney general issues formal published
opinions in response to requests by the heads of state
agencies, state legislators, and county prosecuting attorneys.
When it appears that individuals outside the attorney
general's office have information or expertise that will
assist in the preparation of a particular opinion, a summary
of that opinion request will be published in the state
register. If you are interested in commenting on a request
listed in this volume of the register, you should notify the
attorney general's office of your interest by August 13, 2008.
This is not the due date by which comments must be received.
However, if you do not notify the attorney general's office of
your interest in commenting on an opinion request by this
date, the opinion may be issued before your comments have been
received. You may notify the attorney general's office of
your intention to comment by calling (360) 664-3027, or by
writing to the Office of the Attorney General, Solicitor
General Division, Attention James Pharris, Deputy Solicitor
General, P.O. Box 40100, Olympia, WA 98504-0100. When you
notify the office of your intention to comment, you may be
provided with a copy of the opinion request in which you are
interested; information about the attorney general's opinion
process; information on how to submit your comments; and a due
date by which your comments must be received to ensure that
they are fully considered. If you are interested in receiving notice of new formal
opinion requests via e-mail, you may visit the attorney
general's web site at www.atg.wa.gov/AGOOpinions/default.aspx
for more information on how to join our Opinions ListServ.
The attorney general's office seeks public input on the
following opinion request(s):
Opinion Docket No. 08-07-03, Request by Michael Murphy, State
Treasurer
1. Does the maximum occupancy-cost-per-square-foot
provision of subsection (8) of the authorizing
legislation apply to all or only to some of the proposed
facilities? 2. In calculating the occupancy cost-per-square-foot,
must the calculation be performed on both a square foot
AND a per-employee basis?
3. In adjusting lease rates for "level of service" for
comparison purposes, are capital facilities or quality of
facilities appropriately treated as "services" under the
authorizing legislation?
4. Is there any ultimate cap on either the occupancy cost
or the total dollar cost of the facilities to be
financed?
5. What are the legal consequences, if any, of an
"inaccurate" certification by OFM?
6. May the State Treasurer reject the OFM certification?
7. What criteria should the State Finance Committee use
to determine whether it is "reasonably certain" that the
proposed financing lease is not state debt?
8. Is the proposed financing lease a "financial contract"
under RCW 39.94, and could it create "state debt"?
9 Do some of the characteristics of the proposed
transaction make it more akin to the unsuccessful attempt
to avoid state debt in the 1955 State Building Financing
Authority case?
10. Does article VIII, section 1(h) of the Washington
Constitution affect the legality of the Department of
Information Services' payment of rental amounts under the
proposed financing lease?
11. Do public works bidding laws apply to the
construction of the facilities to be leased to the state?
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