Z-0695.1/91       _______________________________________________


                                 SENATE BILL 5192



State of Washington              52nd Legislature             1991 Regular Session


By Senators Bailey and Rinehart.


Read first time January 23, 1991.  Referred to Committee on Education.Changing provisions relating to school district indebtedness.

     AN ACT Relating to school district indebtedness; amending RCW 28A.160.130 and 28A.530.010; and adding a new section to chapter 28A.530 RCW.




     NEW SECTION.  Sec. 1.  A new section is added to chapter 28A.530 RCW to read as follows:

     In addition to the authority granted under RCW 28A.530.010, a school district may contract indebtedness for the purpose of purchasing any real or personal property, or property rights, in connection with the exercise of any powers or duties which it is now or hereafter authorized to exercise, and issue bonds, notes, or other evidences of indebtedness therefor without a vote of the qualified electors of the district, subject to the limitations on indebtedness set forth in RCW 39.36.020(3).  Such bonds, notes, or other evidences of indebtedness shall be issued and sold in accordance with chapter 39.46 RCW, and the proceeds thereof shall be deposited in the capital projects fund, the transportation vehicle fund, or the general fund, as applicable.


     Sec. 2.  RCW 28A.160.130 and 1990 c 33 s 139 are each amended to read as follows:

     (1) There is created a fund on deposit with each county treasurer for each school district of the county, which shall be known as the transportation vehicle fund.  Money to be deposited into the transportation vehicle fund shall include, but is not limited to, the following:

     (a) The balance of accounts held in the general fund of each school district for the purchase of approved transportation equipment and for major transportation equipment repairs under RCW 28A.150.280.  The amount transferred shall be the balance of the account as of September 1, 1982;

     (b) Reimbursement payments provided for in RCW 28A.160.200 except those provided under RCW 28A.160.200(4) that are necessary for contracted payments to private carriers;

     (c) Earnings from transportation vehicle fund investments as authorized in RCW 28A.320.300; and

     (d) The district's share of the proceeds from the sale of transportation vehicles, as determined by the superintendent of public instruction.

     (2) Funds in the transportation vehicle fund may be used for the following purposes:

     (a) Purchase of pupil transportation vehicles pursuant to RCW 28A.160.200 and 28A.150.280;

     (b) Payment of conditional sales contracts ((for the purchase of pupil transportation vehicles)) as authorized in RCW 28A.335.200 or payment of obligations authorized in section 1 of this 1991 act, entered into or issued for the purpose of pupil transportation vehicles;

     (c) Major repairs to pupil transportation vehicles.

     The superintendent of public instruction shall ((promulgate)) adopt rules which shall establish the standards, conditions, and procedures governing the establishment and use of the transportation vehicle fund.  The rules shall not permit the transfer of funds from the transportation vehicle fund to any other fund of the district.


     Sec. 3.  RCW 28A.530.010 and 1984 c 186 s 10 are each amended to read as follows:

     The board of directors of any school district may borrow money and issue negotiable bonds therefor for the purpose of:

     (1) Funding outstanding indebtedness or bonds theretofore issued; or

     (2) For the purchase of sites for all buildings, playgrounds, physical education and athletic facilities and structures authorized by law or necessary or proper to carry out the functions of a school district; or

     (3) For erecting all buildings authorized by law, including but not limited to those mentioned in ((subparagraph)) subsection (2) of this section immediately above or necessary or proper to carry out the functions of a school district, and providing the necessary furniture, apparatus, or equipment therefor; or

     (4) For improving the energy efficiency of school district buildings and/or installing systems and components to utilize renewable and/or inexhaustible energy resources; or

     (5) For major and minor structural changes and structural additions to buildings, structures, facilities and sites necessary or proper to carrying out the functions of the school district; or

     (6) For any or all of these and other capital purposes.

     Neither the amount of money borrowed nor bonds issued therefor shall exceed the limitation of indebtedness prescribed by chapter 39.36 RCW, as now or hereafter amended.

     Except for bonds issued under section 1 of this 1991 act, bonds may be issued only when authorized by the vote of the qualified electors of the district as provided by law.

     The bonds shall be issued and sold in accordance with chapter 39.46 RCW.