WSR 98-01-194

PROPOSED RULES

STATE BOARD OF EDUCATION

[Filed December 23, 1997, 4:34 p.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 97-21-114.

Title of Rule: Chapter 180-34 WAC, Real property sales contracts.

Purpose: To clarify existing provisions, repeal unnecessary wording, and provide greater flexibility to school districts.

Statutory Authority for Adoption: RCW 28A.335.12-(7).

Summary: Provides greater autonomy and flexibility to local school boards regarding sales of school district surplus real property.

Reasons Supporting Proposal: See Summary above.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Larry Davis, State Board of Education, Olympia, (360) 753-6715.

Name of Proponent: State Board of Education, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: (1) Deletes language specifying type of legal counsel to be used for contract approval and replaces with less prescriptive language.

(2) Advises school districts of statutory requirements regarding gifts of public funds which should be considered when negotiating contracts.

(3) Repeals prescriptive rules regarding contract terms and conditions.

Proposal Changes the Following Existing Rules: See Explanation of Rule above.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Not applicable.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. Not applicable.

Hearing Location: Educational Service District 113, 601 McPhee Road S.W., Olympia, WA 98502, on January 28, 1998, at 9:00 a.m.

Assistance for Persons with Disabilities: Contact Patty Martin by January 14, 1998, TDD (360) 664-3631, or (360) 753-6715.

Submit Written Comments to: Rules Coordinator, State Board of Education, P.O. Box 47206, Olympia, WA 98504-7206, FAX (360) 586-2357, by January 26, 1998.

Date of Intended Adoption: January 29, 1998.

December 22, 1997

Larry Davis

Executive Director

AMENDATORY SECTION (Amending WSR 90-17-009, filed 8/6/90, effective 9/6/90)

WAC 180-34-010 General conditions. When in the judgment of the board of directors of a school district a greater amount may be received for surplus real property and the sale facilitated by selling pursuant to a real estate sales contract, the board of directors may do so ((consistent with the provisions of this chapter. Any school district that sells real property pursuant to a real estate sales contract shall have the proposed contract approved in advance by the county prosecuting attorney or a private attorney as to legal propriety and compliance with (1) the laws of the state of Washington including, but not limited to, RCW 28A.335.120 and (2) the provisions of this chapter)) on such terms and conditions as the directors judge in consultation with their legal counsel to be lawful and in the best interests of the school district. Note: The rental or lease value of the property, and state constitutional limitations on gifts (Article 8, subsections 5 and 7), may have a bearing on the minimum annual payment a district may agree to.

[Statutory Authority: 1990 c 33. 90-17-009, 180-34-010, filed 8/6/90, effective 9/6/90; Order 3-76, 180-34-010, filed 3/23/76.]

REPEALER

The following sections of the Washington Administrative Code are repealed:

WAC 180-34-015 Payments--Interest--Duration.

WAC 180-34-020 Down payment.

WAC 180-34-025 Title to property--Transfer upon satisfaction of contract.

Legislature Code Reviser

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Washington State Code Reviser's Office