WSR 12-02-016


[ Filed December 27, 2011, 10:44 a.m. ]



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 January 25, 2011. 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) 586-0728, or by writing to the Office of the Attorney General, Solicitor General Division, Attention Jeffrey T. Even, 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.

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The attorney general's office seeks public input on the following opinion request(s):

Opinion Docket No. 11-12-03

Request by Brian Sonntag, State Auditor

1. With RCW 28A.310.200 as the context, does the term "instruments" include bonds? If the answer is no, does the term "notes" include bonds?
2. Does RCW 28A.310.200 require an educational service district to pledge the property (real or personal) as collateral when borrowing under this statute?
3. Does RCW 39.46 apply to an educational service contract?
4. If the answer to question 3 is yes, is an education service district required to comply with both RCW 28A.310.200 and RCW 39.46 when issuing bonds, and therefore harmonize the two statutory schemes?
5. If an educational service district has authority to issue bonds, are there applicable constitutional or statutory debt limitations?
Washington State Code Reviser's Office