BILL REQ. #:  H-3401.1 

Read first time 01/17/12.   Referred to Committee on Education Appropriations & Oversight.

     AN ACT Relating to prioritizing expenditures for K-12 education within the state appropriations process; reenacting and amending RCW 28A.150.380; adding new sections to chapter 44.04 RCW; and declaring an emergency.

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 state must amply provide for the education of all Washington children as the state's first and highest priority before any other state programs or operations. 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 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) As of the effective date of this section, all appropriations for the purposes of this section and other K-12 education purposes, including any adjustments to biennial operating appropriations made in a supplemental operating appropriations act, 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. 3   A new section is added to chapter 44.04 RCW to read as follows:
     As of the effective date of this section, 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. 4   This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.