WSR 09-20-064

PROPOSED RULES

SUPERINTENDENT OF

PUBLIC INSTRUCTION

[ Filed October 2, 2009, 3:16 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 09-15-111.

Title of Rule and Other Identifying Information: Chapter 392-142 WAC, Transportation -- Replacement and depreciation allocation.

Hearing Location(s): Office of Superintendent of Public Instruction, Wanamaker Room, 600 South Washington Street, Olympia, WA 98504, on December 10, 2009, at 10:00 a.m.

Date of Intended Adoption: December 11, 2009.

Submit Written Comments to: Allan J. Jones, Director, P.O. Box 47200, Olympia, WA 98504-7200, e-mail allan.jones@k12.wa.us, fax (360) 586-6124, by December 1, 2009.

Assistance for Persons with Disabilities: Contact Wanda Griffin by December 1, 2009, TTY (360) 664-3631 or (360) 725-6132.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To complete the revision process required after the emergency rule change in June 2009 and to make technical clarifications to the school bus reimbursement system.

Statutory Authority for Adoption: RCW 28A.150.290.

Statute Being Implemented: RCW 28A.160.195.

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: Charlie Schreck, Office of Superintendent of Public Instruction, (360) 725-6136; Implementation: Martin Mueller, Office of Superintendent of Public Instruction, (360) 725-5175; and Enforcement: Allan J. Jones, Office of Superintendent of Public Instruction, (360) 725-6120.

No small business economic impact statement has been prepared under chapter 19.85 RCW. These revisions only apply to public school districts.

A cost-benefit analysis is not required under RCW 34.05.328. These revisions only apply to public school districts.

October 2, 2009

Randy I. Dorn

State Superintendent

OTS-2495.2


AMENDATORY SECTION(Amending WSR 05-19-072, filed 9/16/05, effective 10/17/05)

WAC 392-142-255   Deposit of payments in transportation vehicle fund.   School districts shall deposit proceeds for the rent, sale, or lease of school buses and replacement payments for school district-owned vehicles in the transportation vehicle fund. School districts shall not deposit school bus depreciation payments for contractor-owned vehicles in the transportation vehicle fund. ((For school buses placed on the reimbursement system between September 1, 1975, and August 31, 1980, the superintendent of public instruction shall recover ninety percent of the net proceeds of the sale of such vehicles by deduction from the next annual reimbursement allocation. For school buses placed on the reimbursement system between September 1, 1980, and August 31, 1982, the superintendent of public instruction shall recover one hundred percent of the net proceeds of the sale of such vehicles by deduction from the next annual reimbursement allocation.))

[Statutory Authority: RCW 28A.150.290. 05-19-072, 392-142-255, filed 9/16/05, effective 10/17/05; 03-13-049, 392-142-255, filed 6/12/03, effective 7/13/03. Statutory Authority: RCW 28A.41.170 and 28A.41.540. 90-02-077 (Order 21), 392-142-255, filed 1/2/90, effective 2/2/90.]


AMENDATORY SECTION(Amending WSR 03-13-049, filed 6/12/03, effective 7/13/03)

WAC 392-142-260   Allowable uses of transportation vehicle fund.   School districts shall use moneys in the transportation vehicle fund for the following purposes:

(1) The purchase of school buses;

(2) Performing major repairs of a school bus receiving prior approval by the superintendent of public instruction. ((Repairs costing less than twenty-five percent of the current state determined purchase price for that type and category of vehicle shall not be considered a major repair.))

(3) The transfer of moneys from the transportation vehicle fund to the debt service fund exclusively for the payment of debt and interest incurred by the transportation vehicle fund shall not be considered to be a transfer of moneys from the transportation vehicle fund to any other fund within the meaning of RCW 28A.160.130.

[Statutory Authority: RCW 28A.150.290. 03-13-049, 392-142-260, filed 6/12/03, effective 7/13/03. Statutory Authority: RCW 28A.41.170 and 28A.41.540. 91-23-071 (Order 25), 392-142-260, filed 11/19/91, effective 12/20/91. Statutory Authority: Chapter 28A.530 and HB 1224. 91-23-042 (Order 21), 392-142-260, filed 11/14/91, effective 12/15/91. Statutory Authority: RCW 28A.41.170 and 28A.41.540. 90-02-077 (Order 21), 392-142-260, filed 1/2/90, effective 2/2/90.]

Washington State Code Reviser's Office