WSR 04-08-116

PERMANENT RULES

SUPERINTENDENT OF

PUBLIC INSTRUCTION

[ Filed April 6, 2004, 4:43 p.m. ]

     Date of Adoption: March 31, 2004.

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

     Citation of Existing Rules Affected by this Order: Repealing 3 [WAC 392-142-115, 392-142-130 and 392-142-135]; and amending 2 [WAC 392-142-165 and 392-142-205].

     Statutory Authority for Adoption: RCW 28A.150.290.

      Adopted under notice filed as WSR 04-05-054 on February 13, 2004.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 2, Repealed 3.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 2, Repealed 3.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 2, Repealed 3;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
     Effective Date of Rule: Thirty-one days after filing.

April 5, 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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