WSR 05-12-035

PROPOSED RULES

SUPERINTENDENT OF

PUBLIC INSTRUCTION

[ Filed May 25, 2005, 9:13 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 05-08-028.

Title of Rule and Other Identifying Information: WAC 392-123-175 Proceeds from the lease rental or occasional use of surplus property.

Hearing Location(s): Old Capitol Building, 600 South Washington, Olympia, WA 98504-7200, on July 13, 2005, at 9:00 a.m.

Date of Intended Adoption: August 15, 2005.

Submit Written Comments to: Administrative Resource Services, P.O. Box 47200, Olympia, WA 98504-7200, fax (360) 753-4201, by July 11, 2005.

Assistance for Persons with Disabilities: Contact Sheila Emery by July 1, 2005, TTY (360) 664-3631 or (360) 725-6271.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The rule is being amended due to the changes in legislation regarding RCW 28A.335.060.

This law allows for the proceeds from the lease or rental of real property be deposited in the districts 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. The proceeds are to be used exclusively for nonrecurring costs related to operating school facilities, including but not limited to expenses for maintenance.

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

Statute Being Implemented: RCW 28A.335.060.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: [Superintendent of Public Instruction], governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Ron Stead, Olympia, Washington.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule is not applicable to nongovernmental agencies.

A cost-benefit analysis is not required under RCW 34.05.328. This rule is not applicable to nongovernmental agencies.

May 20, 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.]

Washington State Code Reviser's Office