BILL REQ. #:  H-5032.1 

Read first time 02/08/10.   

     AN ACT Relating to prioritizing basic education expenditures within the state appropriations process; amending RCW 28A.150.380; reenacting and amending RCW 28A.150.380; adding new sections to chapter 44.04 RCW; providing contingent effective dates; and providing an expiration date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   A new section is added to chapter 44.04 RCW to read as follows:
     Under Article IX, section 1 of the state Constitution, it is the paramount duty of the state to make ample provision for the education of all of Washington's children. According to the state supreme court, this constitutional provision requires that the legislature define and fully fund a program of K-12 basic education before the legislature funds any other statutory programs. For these reasons, it is the intent of the legislature to require that all appropriations for K-12 basic education, together with appropriations for other K-12 education programs, be enacted into law before the legislature takes executive action on other omnibus appropriations legislation.

Sec. 2   RCW 28A.150.380 and 2009 c 479 s 16 are each amended to read as follows:
     (1) The state legislature shall, at each regular session in an odd-numbered year, appropriate from the state general fund for the current use of the common schools such amounts as needed for state support to the common schools during the ensuing biennium as provided in this chapter, RCW 28A.160.150 through 28A.160.210, 28A.300.170, and 28A.500.010.
     (2) The state legislature shall also, at each regular session in an odd-numbered year, appropriate from the general fund and education construction fund for the purposes of and in accordance with the provisions of the student achievement act during the ensuing biennium.
     (3) Beginning with appropriations for the 2011-2013 fiscal biennium and thereafter, appropriations for the purposes of this section and other K-12 education purposes must be made in legislation that is separate from the omnibus operating appropriations act. Such appropriations must be enacted into law before it is in order for either house of the legislature to take executive action on omnibus operating appropriations legislation.

Sec. 3   RCW 28A.150.380 and 2009 c 548 s 110 and 2009 c 479 s 16 are each reenacted and amended to read as follows:
     (1) The state legislature shall, at each regular session in an odd-numbered year, appropriate for the current use of the common schools such amounts as needed for state support to school districts during the ensuing biennium for the program of basic education under RCW 28A.150.200.
     (2) In addition to those state funds provided to school districts for basic education, the legislature may appropriate funds to be distributed to school districts for other factors and for other special programs to enhance or enrich the program of basic education.
     (3) The state legislature shall also, at each regular session in an odd-numbered year, appropriate from the general fund and education construction fund for the purposes of and in accordance with the provisions of the student achievement act during the ensuing biennium.
     (4) Beginning with appropriations for the 2011-2013 fiscal biennium and thereafter, appropriations for the purposes of this section and other K-12 education purposes must be made in legislation that is separate from the omnibus operating appropriations act. Such appropriations must be enacted into law before it is in order for either house of the legislature to take executive action on omnibus operating appropriations legislation.

NEW SECTION.  Sec. 4   A new section is added to chapter 44.04 RCW to read as follows:
     Beginning with appropriations for the 2013-2015 fiscal biennium and thereafter, appropriations for the purposes of RCW 28A.150.380 and other K-12 education purposes must be enacted into law before it is in order for either house of the legislature to take executive action on omnibus operating or transportation appropriations legislation.
     The house of representatives and senate, jointly or separately, may adopt rules or resolutions to implement their respective responsibilities under this section.

NEW SECTION.  Sec. 5   Section 2 of this act expires September 1, 2011.

NEW SECTION.  Sec. 6   (1) This act takes effect as provided for in this section, if the proposed amendment to Article IX of the state Constitution HJR . . . . (H-5033.2/10) is validly submitted to and is approved and ratified by the voters at the next general election.
     (2)(a) Sections 1, 2, and 4 of this act take effect January 1, 2011.
     (b) Section 3 of this act takes effect September 1, 2012.
     (3) If the proposed amendment is not approved and ratified, this act is void in its entirety.