WSR 04-05-054

PROPOSED RULES

SUPERINTENDENT OF

PUBLIC INSTRUCTION

[ Filed February 13, 2004, 11:53 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 03-18-094.

Title of Rule: Chapter 392-142 WAC, Transportation -- Replacement and depreciation allocation.

Purpose: To add language that will require a hearing process on proposed category changes and to make other minor technical corrections.

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 revision requires the Office of Superintendent of Public Instruction to provide a public hearing for interested parties prior to the adoption of any change in school bus categories.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This revision does not affect small business.

RCW 34.05.328 does not apply to this rule adoption.

Hearing Location: Old Capitol Building, P.O. Box 47200, Brouillet Conference Room, Olympia, WA 98504-7200, on March 30, 2004, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Ben Gravely by March 20, 2004, 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 March 29, 2004.

Date of Intended Adoption: March 31, 2004.

February 12, 2004

Dr. Terry Bergeson

Superintendent of

Public Instruction

OTS-6902.1


AMENDATORY SECTION(Amending WSR 03-13-049, filed 6/12/03, effective 7/13/03)

WAC 392-142-165   Definition -- State-determined purchase price.   As used in this chapter, "state-determined purchase price" means the state replacement or depreciation rate for school buses which shall be based upon the lowest competitive price quote received from school bus dealers for each category of school bus, documented in modified vendor bid proposals associated with meeting state-supported competitive specifications.

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 that could be charged to any school district in the state when purchasing a school bus as provided annually by the department of revenue.

[Statutory Authority: RCW 28A.150.290. 03-13-049, 392-142-165, filed 6/12/03, effective 7/13/03. 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.]


AMENDATORY SECTION(Amending WSR 95-17-011, filed 8/4/95, effective 9/4/95)

WAC 392-142-205   Determination of school bus categories by the superintendent of public instruction.   The superintendent of public instruction, in consultation with the regional transportation coordinators of the educational service districts, shall annually establish a minimum number of school bus categories considering student capacity and type. The superintendent of public instruction will provide a public hearing for interested parties prior to the adoption of any change in school bus categories.

[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, 392-142-205, filed 8/4/95, effective 9/4/95. Statutory Authority: RCW 28A.41.170 and 28A.41.540. 90-02-077 (Order 21), 392-142-205, filed 1/2/90, effective 2/2/90.]


REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 392-142-115 Definition -- Specialized equipment.
WAC 392-142-130 Definition -- Gasoline engine.
WAC 392-142-135 Definition -- Diesel engine.

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Washington State Code Reviser's Office