Purpose: This rule is being amended due to the changes in RCW 28A.335.060. This law allows for the proceeds from the lease or rental of real property be deposited in the district's general fund at the option of the board, after evaluating the sufficiency of the school district's capital projects fund for purposes of meeting demands for new construction and improvements.

     Citation of Existing Rules Affected by this Order: Amending chapter 392-123 WAC.

     Statutory Authority for Adoption: Chapter 28A.150 RCW.

      Adopted under notice filed as WSR 05-12-055 [05-12-035] on May 25, 2005.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 1, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

     Date Adopted: August 15, 2005.

Marty Daybell

for Dr. Terry Bergeson

State Superintendent

OTS-8062.1

AMENDATORY SECTION(Amending Order 18, filed 7/19/90, effective 8/19/90)

WAC 392-123-175   Proceeds from the lease, rental or occasional use of surplus property.   Pursuant to RCW 28A.335.060 each school district's board of directors shall deposit moneys derived from the lease, rental or occasional use of surplus school property as follows:

     (1) Moneys derived from real property shall be deposited into the district's debt service fund and/or capital projects fund except for:

     (a) Moneys required to be expended for general maintenance, utility, insurance costs, and any other costs associated with the lease or rental of such property, which money shall be deposited in the district's general fund; or

     (b) At the option of the board, after evaluating the sufficiency of the school district's capital projects fund for purposes of meeting demands for new construction and improvements, moneys derived from the lease or rental of real property may be deposited into the district's general fund to be used exclusively for nonrecurring costs related to operating school facilities, including, but not limited to, expenses for maintenance;

     (2) Moneys derived from pupil transportation vehicles shall be deposited in the district's transportation vehicle fund;

     (3) Moneys derived from other personal property shall be deposited in the district's general fund.

[Statutory Authority: 1990 c 33. 90-16-002 (Order 18), § 392-123-175, filed 7/19/90, effective 8/19/90. Statutory Authority: RCW 28A.65.465. 83-21-027 (Order 83-12), § 392-123-175, filed 10/10/83.]

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