PROPOSED RULES
PUBLIC INSTRUCTION
Original Notice.
Preproposal statement of inquiry was filed as WSR 03-03-033.
Title of Rule: Chapter 392-142 WAC, Transportation -- Replacement and depreciation allocation.
Purpose: This revision will update the language to reflect the current configuration of the state school bus fleet by eliminating references to previous depreciation schedules. The categories of school buses are being removed from the WAC and will be described in the annual state determined purchase prices for school bus categories bulletin. There is also clarification to reflect practices used to determine reimbursement payments for used buses and salvage recovery for buses entering the system prior to September 1, 1982.
Statutory Authority for Adoption: RCW 28A.150.290.
Statute Being Implemented: RCW 28A.160.195.
Summary: See Purpose above.
Reasons Supporting Proposal: See Purpose above.
Name of Agency Personnel Responsible for Drafting: Charlie Schreck, Office of Superintendent of Public Instruction, (360) 725-6136; Implementation: Marcia Riggers, Office of Superintendent of Public Instruction, (360) 725-6175; and Enforcement: Allan J. Jones, Office of Superintendent of Public Instruction, (360) 725-6120.
Name of Proponent: Office of Superintendent of Public Instruction, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: See Purpose above.
Proposal Changes the Following Existing Rules: The description of the school bus funding categories will be removed from the WAC and moved to the annual state determined purchase prices for school bus categories bulletin.
No small business economic impact statement has been prepared under chapter 19.85 RCW.
RCW 34.05.328 does not apply to this rule adoption.
Hearing Location: Educational Service District 113, 601 McPhee Road S.W., Board Room, Olympia, WA 98502-5080, on May 28, 2003, at 10 a.m.
Assistance for Persons with Disabilities: Contact Ben Gravely by May 18, 2003, TDD (360) 664-3631 or (360) 725-6142.
Submit Written Comments to: Legal Services, Office of Superintendent of Public Instruction, P.O. Box 47200, 600 South Washington Street, Olympia, WA 98504-7200, fax (360) 753-4201, by May 27, 2003.
Date of Intended Adoption: May 29, 2003.
April 4, 2003
Tom J. Kelly
for Dr. Terry Bergeson
Superintendent of
Public Instruction
OTS-6269.2
AMENDATORY SECTION(Amending WSR 95-17-011, filed 8/4/95,
effective 9/4/95)
WAC 392-142-010
Purpose.
The purpose of this chapter is
to implement RCW 28A.160.200 by developing:
(1) Student transportation vehicle categories;
(2) State-determined purchase prices for student transportation vehicle categories;
(3) Standards for operation and maintenance of school buses;
(4) A replacement schedule (referred to in the statute as reimbursement schedule) and allocation process for district-owned school buses;
(5) A depreciation schedule and allocation process for school buses contracted from private carriers; and
(6) ((Provisions for the continuation of depreciation
allocations to school districts for school buses purchased
prior to September 1, 1982; and
(7))) Competitive specifications for each category of school bus.
[Statutory Authority: 1995 1st sp.s. c 10, RCW 28A.150.290 and chapter 28A.160 RCW as amended in ESSB 5408, section 1(6). 95-17-011, § 392-142-010, filed 8/4/95, effective 9/4/95. Statutory Authority: RCW 28A.41.170 and 28A.41.540. 90-02-077 (Order 21), § 392-142-010, filed 1/2/90, effective 2/2/90. Statutory Authority: RCW 28A.41.170. 83-22-031 (Order 83-16), § 392-142-010, filed 10/26/83.]
[Statutory Authority: 1995 1st sp.s. c 10, RCW 28A.150.290 and chapter 28A.160 RCW as amended in ESSB 5408, section 1(6). 95-17-011, § 392-142-125, filed 8/4/95, effective 9/4/95. Statutory Authority: RCW 28A.41.170 and 28A.41.540. 90-02-077 (Order 21), § 392-142-125, filed 1/2/90, effective 2/2/90.]
[Statutory Authority: RCW 28A.41.170 and 28A.41.540. 90-02-077 (Order 21), § 392-142-145, filed 1/2/90, effective 2/2/90.]
| (( Capacity |
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to 84 |
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to 90 |
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[Statutory Authority: RCW 28A.150.290. 01-17-005, § 392-142-155, filed 8/1/01, effective 9/1/01; 97-17-042 (Order 97-02), § 392-142-155, filed 8/14/97, effective 9/15/97. Statutory Authority: 1996 c 283. 96-16-011 (Order 96-10), § 392-142-155, filed 7/25/96, effective 8/25/96. Statutory Authority: 1995 1st sp.s. c 10, RCW 28A.150.290 and chapter 28A.160 RCW as amended in ESSB 5408, section 1(6). 95-17-011, § 392-142-155, filed 8/4/95, effective 9/4/95. Statutory Authority: RCW 28A.41.170 and 28A.41.540. 91-23-071 (Order 25), § 392-142-155, filed 11/19/91, effective 12/20/91; 90-02-077 (Order 21), § 392-142-155, filed 1/2/90, effective 2/2/90.]
Included in the lowest competitive price quote are:
(1) Freight to the school district; and
(2) Cost associated with full payment within thirty days of delivery.
Sales tax is not included as a part of establishing the lowest price quote. Sales tax shall be included in the state-determined purchase price at the highest rate in the state as provided annually by the department of revenue.
[Statutory Authority: 1995 1st sp.s. c 10, RCW 28A.150.290 and chapter 28A.160 RCW as amended in ESSB 5408, section 1(6). 95-17-011, § 392-142-165, filed 8/4/95, effective 9/4/95. Statutory Authority: RCW 28A.41.170 and 28A.41.540. 91-23-071 (Order 25), § 392-142-165, filed 11/19/91, effective 12/20/91; 90-02-077 (Order 21), § 392-142-165, filed 1/2/90, effective 2/2/90.]
[Statutory Authority: RCW 28A.41.170 and 28A.41.540. 90-02-077 (Order 21), § 392-142-180, filed 1/2/90, effective 2/2/90.]
[Statutory Authority: RCW 28A.41.170 and 28A.41.540. 90-02-077 (Order 21), § 392-142-185, filed 1/2/90, effective 2/2/90.]
[Statutory Authority: RCW 28A.41.170 and 28A.41.540. 90-02-077 (Order 21), § 392-142-190, filed 1/2/90, effective 2/2/90.]
[Statutory Authority: RCW 28A.41.170 and 28A.41.540. 90-02-077 (Order 21), § 392-142-195, filed 1/2/90, effective 2/2/90.]
(1) A modified vendor bid proposal for one representative state-supported school bus in each category as defined in WAC 392-142-155.
(a) A list of selected state-supported ((options))
specifications; and
(b) A list of ((school district)) vendor options which
may be purchased at the school district's discretion and
expense.
(2) A requirement that each school bus dealer submit a statement of assurance that school districts may purchase school buses at the quoted price for a period of one year.
[Statutory Authority: 1995 1st sp.s. c 10, RCW 28A.150.290 and chapter 28A.160 RCW as amended in ESSB 5408, section 1(6). 95-17-011, § 392-142-212, filed 8/4/95, effective 9/4/95.]
(2) School districts that do not purchase school buses in accordance with subsection (1) of this section may conduct their own competitive bid process in accordance with RCW 28A.335.190. School districts that choose to conduct their own bid shall:
(a) Use vendor bid proposal forms provided by the superintendent of public instruction.
(b) Prepare a summary of all bids received for retention in school district files and submission to the superintendent of public instruction.
(3) School buses which have been acquired by school districts or educational service districts, in accordance with subsection (1) or (2) of this section, are entitled to reimbursement payments for school bus replacement in accordance with this chapter.
[Statutory Authority: 1995 1st sp.s. c 10, RCW 28A.150.290 and chapter 28A.160 RCW as amended in ESSB 5408, section 1(6). 95-17-011, § 392-142-213, filed 8/4/95, effective 9/4/95.]
(1) For those used school buses manufactured after
September 1, 1982, state depreciation payments shall be
calculated)) as if it had been ((purchased)) issued a school
bus operation permit on the first of September in the year of
manufacture, including an estimate by the superintendent of
public instruction of:
(((a))) (1) Prior school years total state replacement or
depreciation payments;
(((b))) (2) Imputed interest earnings (if purchased by a
school district); and
(((c))) (3) Salvage value (if purchased by a school
district).
(((2) For those used school buses purchased by a school
district that were manufactured prior to September 1, 1982,
they will be placed on the depreciation schedule with the
following eligible purchase price:
(a) A school bus owned by one school district is purchased by another school district. Such a bus shall be placed on the purchasing district's depreciation schedule at its original appreciated price schedule or at the purchase price paid for the used bus, whichever is less.
(b) A school bus purchased from a private party by a school district. Such a bus shall be placed on the purchasing school district's depreciation schedule at the purchase price paid for the used bus or the depreciable value, whichever is less.
The superintendent of public instruction shall establish that the purchase price of the school bus appropriately reflects its depreciable value.))
[Statutory Authority: RCW 28A.41.170 and 28A.41.540. 90-02-077 (Order 21), § 392-142-225, filed 1/2/90, effective 2/2/90.]
(1)(((a))) For district-owned school buses issued a
school bus operation permit prior to the fifteenth of the
month of the current school year:
(a) Place each school bus in the appropriate school bus
category set forth in WAC 392-142-155((:));
(b) ((Add the state-determined purchase price for the
appropriate school bus category determined in (a) of this
subsection to the state-determined specialized equipment price
if any;
(c))) Divide the ((result obtained in (b) of this
subsection)) state determined purchase price by the useful
lifetime in months as determined in (a) of this subsection;
and
(((d))) (c) Multiply the result obtained in (((c))) (b)
of this subsection by the number of months remaining in the
school year.
(2)(((a))) For school buses issued a school bus operation
permit prior to the current school year:
(a) Place each school bus in the appropriate school bus
category set forth in WAC 392-142-155((:));
(b) ((Add the state-determined purchase price for the
appropriate school bus category determined in (a) of this
subsection to the state-determined specialized equipment price
if any;
(c))) Divide the ((result obtained in (b) of this
subsection)) state determined purchase price by the useful
lifetime in months determined in (a) of this subsection;
(((d))) (c) Multiply the result obtained in (((c))) (b)
of this subsection by the total number of months the school
bus has been on the ((depreciation)) replacement schedule
including the months for the current school year;
(((e))) (d) Subtract from the result obtained in (((d)))
(c) of this subsection the total school bus ((depreciation))
replacement payments made in prior school years;
(((f))) (e) Subtract from the result obtained in (((d)))
(c) of this subsection the imputed interest earnings; and
(((g))) (f) Subtract from the result obtained in (((f)))
(e) of this subsection the salvage value of the school bus if
the current school year is the final year of the vehicle's
useful life.
[Statutory Authority: 1995 1st sp.s. c 10, RCW 28A.150.290 and chapter 28A.160 RCW as amended in ESSB 5408, section 1(6). 95-17-011, § 392-142-240, filed 8/4/95, effective 9/4/95. Statutory Authority: RCW 28A.150.290 and 28A.160-130-200. 93-13-083 (Order 93-10), § 392-142-240, filed 6/18/93, effective 7/19/93. Statutory Authority: RCW 28A.41.170 and 28A.41.540. 90-02-077 (Order 21), § 392-142-240, filed 1/2/90, effective 2/2/90.]
(1) For contractor-owned school buses issued a school bus
operation permit prior to the fifteenth of the month of the
current school year((, multiply the state-determined purchase
price for the appropriate school bus category by the remaining
months of the current school year and divide by twelve and
further divide by the useful lifetime for the appropriate
school bus category; or)):
(a) Place each bus in the appropriate school bus category set forth in WAC 392-142-155;
(b) Divide the state determined purchase price by the useful lifetime in months determined in (a) of this subsection; and
(c) Multiply the result obtained in (b) of this subsection by the number of months remaining in the school year.
(2) For contractor-owned school buses issued a school bus operation permit in a prior school year:
(a) Place each school bus in the appropriate school bus category set forth in WAC 392-142-155; and
(b) Divide the state-determined purchase price at the time the school bus was purchased by the useful lifetime for the appropriate school bus category set forth in WAC 392-142-155.
[Statutory Authority: RCW 28A.41.170 and 28A.41.540. 90-02-077 (Order 21), § 392-142-245, filed 1/2/90, effective 2/2/90.]
(1) Pursuant to WAC ((392-142-235)) 392-142-240 in:
(a) The September apportionment payment for those school buses issued school bus operating permits in prior school years; or
(b) The first apportionment payment after the issuance of the school bus operating permit for school buses purchased in the current school year; or
(2) Pursuant to WAC ((392-142-240)) 392-142-245 according
to the schedule set forth in RCW 28A.510.250.
[Statutory Authority: 1990 c 33. 91-16-011 (Order 91-12), § 392-142-250, filed 7/26/91, effective 8/26/91. Statutory Authority: RCW 28A.41.170 and 28A.41.540. 90-02-077 (Order 21), § 392-142-250, filed 1/2/90, effective 2/2/90.]
[Statutory Authority: RCW 28A.41.170 and 28A.41.540. 90-02-077 (Order 21), § 392-142-255, filed 1/2/90, effective 2/2/90.]
(1) The purchase of ((approved transportation vehicles))
school buses;
(2) Performing major repairs of a school bus receiving prior approval by the superintendent of public instruction. Repairs costing less than twenty-five percent of the current state determined purchase price for that type and category of vehicle shall not be considered a major repair.
(3) The transfer of moneys from the transportation vehicle fund to the debt service fund exclusively for the payment of debt and interest incurred by the transportation vehicle fund shall not be considered to be a transfer of moneys from the transportation vehicle fund to any other fund within the meaning of RCW 28A.160.130.
[Statutory Authority: RCW 28A.41.170 and 28A.41.540. 91-23-071 (Order 25), § 392-142-260, filed 11/19/91, effective 12/20/91. Statutory Authority: Chapter 28A.530 and HB 1224. 91-23-042 (Order 21), § 392-142-260, filed 11/14/91, effective 12/15/91. Statutory Authority: RCW 28A.41.170 and 28A.41.540. 90-02-077 (Order 21), § 392-142-260, filed 1/2/90, effective 2/2/90.]
[Statutory Authority: RCW 28A.41.170 and 28A.41.540. 90-02-077 (Order 21), § 392-142-270, filed 1/2/90, effective 2/2/90.]
The following sections of the Washington Administrative Code are repealed:
| WAC 392-142-090 | Definition -- Washington state patrol inspection officer. |
| WAC 392-142-120 | Definition -- Seating reference point. |
| WAC 392-142-140 | Definition -- Transmission. |
| WAC 392-142-150 | Definition -- School bus categories for those buses purchased before September 1, 1982, and after September 1, 1975. |
| WAC 392-142-170 | Definition -- State-determined specialized equipment price. |
| WAC 392-142-200 | Definition -- SPI Form 1029. |
| WAC 392-142-230 | Calculation of annual state depreciation payment for buses purchased after September 1, 1975, and before September 1, 1982. |
| WAC 392-142-235 | Allocation of state depreciation payment for school buses purchased after September 1, 1975, and before September 1, 1982. |