BILL REQ. #:  S-3193.1 

Read first time 01/11/12.   Referred to Committee on Government Operations, Tribal Relations & Elections.

     AN ACT Relating to the permitted use of state facilities; adding a new section to chapter 43.19 RCW; and creating a new section.

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

NEW SECTION.  Sec. 1   (1) The legislature finds that the free exercise of religion is a fundamental right and that Washington state should refrain from inhibiting religious activities when those activities are not in conflict or inconsistent with the state's interests.
     (2) The legislature further finds that there is a need to clarify ambiguous language under Article I, section 11, of the Washington state Constitution, which states that "No public money or property shall be appropriated for or applied to any religious worship, exercise or instruction, or the support of any religious establishment . . ."
     (3) The legislature finds Article I, section 11, of the Washington state Constitution was intended to ensure public money and property was not directly used for the primary purpose of supporting a religious establishment, and this provision was not meant to prohibit the free exercise of religion on state property that is open to general use by the public.
     (4) The legislature intends to provide the department of enterprise services statutory guidance in interpreting and applying Article I, section 11, of the state Constitution in order to allow the use of capitol grounds for religious activity and provide consistency in the application of rules regarding use of capitol grounds.

NEW SECTION.  Sec. 2   A new section is added to chapter 43.19 RCW to read as follows:
     (1) The department of enterprise services shall not prohibit the use of capitol grounds for religious purposes, provided that the particular portion of the capitol grounds to be used is open to the public for events of a similar size and nature and the impact to the state as a result of the use is no greater than the impact by other allowed uses.
     (2) The department of enterprise services shall apply policies regarding the use of state grounds consistently to various religious activities, including religious activities that involve elements of cultural and societal significance.
     (3) This section shall not allow the direct appropriation or application of state resources for a religious purpose, other than the use of capitol grounds consistent with this section.