WSR 15-14-129 PROPOSED RULES SUPERINTENDENT OF PUBLIC INSTRUCTION [Filed July 1, 2015, 10:36 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 14-18-025.
Title of Rule and Other Identifying Information: WAC 392-123-165 Contractual liability extending beyond end of fiscal period.
Hearing Location(s): Office of Superintendent of Public Instruction, Policy Conference Room, 600 Washington Street, Olympia, WA 98504, on August 6, 2015, at 10:00 a.m.
Date of Intended Adoption: August 7, 2015.
Submit Written Comments to: Paul Stone, P.O. Box 47200, Olympia, WA 98504-7200, e-mail paul.stone@k12.wa.us, fax (360) 664-3683, by July 30, 2015.
Assistance for Persons with Disabilities: Contact Kristin Murphy by July 30, 2015, TTY (360) 664-3631 or (360) 725-6133.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: WAC 392-123-165 prescribes time durations for contracts school board of directors may enter into. Contract durations are aligned with RCW 28A.335.170.
Reasons Supporting Proposal: Changes to this WAC are needed to provide uniform fiscal guidance and avoid confusion and potential conflict with existing rule and law.
Statutory Authority for Adoption: RCW 28A.335.170.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Office of superintendent of public instruction, governmental.
Name of Agency Personnel Responsible for Drafting: Paul Stone, Old Capitol Building, 600 Washington Street S.E., Olympia, WA, (360) 725-6303; Implementation: T. J. Kelly, Old Capitol Building, 600 Washington Street S.E., Olympia, WA, (360) 725-6301; and Enforcement: JoLynn Berge, Old Capitol Building, 600 Washington Street S.E., Olympia, WA, (360) 725-6292.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Not applicable - no small business impact; contractual alignment to existing RCW.
A cost-benefit analysis is not required under RCW 34.05.328. The superintendent of public instruction is not subject to RCW 34.05.328 (5)(a)(i). Additionally, this rule amendment is not a significant legislative rule per subsection (5)(c)(iii).
June 30, 2015
Randy Dorn
Superintendent of
Public Instruction
AMENDATORY SECTION (Amending WSR 90-16-002, filed 7/19/90, effective 8/19/90)
WAC 392-123-165 Contractual liability extending beyond end of fiscal period.
The board of directors of any school district may enter into contracts for their respective districts ((for periods not exceeding five years in duration)) with public and private persons, organizations, and entities for the following purposes:
(1) To rent or lease building space((,)) and portable buildings((, security systems, computers, and other equipment)) for periods not exceeding ten years in duration; and
(2) To rent security systems, computers, and other equipment or have maintained and repaired security systems, computers and other equipment for periods not exceeding five years in duration.
The budget for each fund of each school district shall contain a schedule which identifies that portion of each contractual liability incurred pursuant to RCW 28A.335.170 which extends beyond the fiscal period being budgeted. Said schedule shall list for each such contractual liability a brief description, the accounting code, the beginning and ending dates, the total dollar amount, and the estimated dollar amount extending beyond the end of the fiscal period being budgeted.
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