2012 Revised Code of Washington
Title 43 - STATE GOVERNMENT — EXECUTIVE
43.135 State expenditures limitations.
43.135.045 Education construction fund -- Appropriation conditions (as amended by 2012 1st sp.s. c 10).

RCW 43.135.045 Education construction fund — Appropriation conditions (as amended by 2012 1st sp.s. c 10).

The education construction fund is hereby created in the state treasury.

     (1) Funds may be appropriated from the education construction fund exclusively for common school construction or higher education construction. During the 2007-2009 fiscal biennium, funds may also be used for higher education facilities preservation and maintenance. During the 2009-2011 and 2011-2013 fiscal biennia, the legislature may transfer from the education construction fund to the state general fund such amounts as reflect the excess fund balance of the fund.

     (2) Funds may be appropriated for any other purpose only if approved by a two-thirds vote of each house of the legislature and if approved by a vote of the people at the next general election. An appropriation approved by the people under this subsection shall result in an adjustment to the state expenditure limit only for the fiscal period for which the appropriation is made and shall not affect any subsequent fiscal period.

     (3) ((Funds for the student achievement program in RCW 28A.505.210 and 28A.505.220 shall be appropriated to the superintendent of public instruction strictly for distribution to school districts to meet the provisions set out in the student achievement act. Allocations shall be made on an equal per full-time equivalent student basis to each school district.

     (4))) After July 1, 2010, the state treasurer shall transfer one hundred two million dollars from the general fund to the education construction fund by June 30th of each year.

[2012 1st sp.s. c 10 § 5; 2011 1st sp.s. c 50 § 950; 2010 1st sp.s. c 27 § 5. Prior: 2009 c 564 § 939; 2009 c 479 § 37; prior: 2007 c 520 § 6035; 2007 c 484 § 5; prior: 2005 c 518 § 931; (2005 c 488 § 920 expired June 30, 2007); 2005 c 314 § 401; 2005 c 72 § 6; 2003 1st sp.s. c 25 § 920; prior: (2003 1st sp.s. c 26 § 919 expired June 30, 2005); (2003 1st sp.s. c 26 § 918 expired June 30, 2005); (2002 c 33 § 2 expired June 30, 2003); prior: 2001 c 3 § 9 (Initiative Measure No. 728, approved November 7, 2000); 2000 2nd sp.s. c 5 § 1; 2000 2nd sp.s. c 2 § 3; 1994 c 2 § 3 (Initiative Measure No. 601, approved November 2, 1993).]

Notes:

Purpose -- Construction -- 2012 1st sp.s. c 10: See note following RCW 84.52.0531.

RCW 43.135.045

Education construction fund — Appropriation conditions (as amended by 2012 2nd sp.s. c 5).

The education construction fund is hereby created in the state treasury.

     (1) Funds may be appropriated from the education construction fund exclusively for common school construction or higher education construction. During the 2007-2009 fiscal biennium, funds may also be used for higher education facilities preservation and maintenance. During the 2009-2011 and 2011-2013 fiscal biennia, the legislature may transfer from the education construction fund to the state general fund such amounts as reflect the excess fund balance of the fund.

     (2) Funds may be appropriated for any other purpose only if approved by a two-thirds vote of each house of the legislature and if approved by a vote of the people at the next general election. An appropriation approved by the people under this subsection ((shall)) must result in an adjustment to the state expenditure limit only for the fiscal period for which the appropriation is made and ((shall)) does not affect any subsequent fiscal period.

     (3) Funds for the student achievement program in *RCW 28A.505.210 and 28A.505.220 ((shall)) must be appropriated to the superintendent of public instruction strictly for distribution to school districts to meet the provisions set out in the student achievement act. Allocations ((shall)) must be made on an equal per full-time equivalent student basis to each school district.

     (4) After July 1, 2010, the state treasurer ((shall)) must transfer one hundred two million dollars from the general fund to the education construction fund by June 30th of each year. However, the transfers may not take place in the fiscal biennium ending June 30, 2015.

[2012 2nd sp.s. c 5 § 1; 2011 1st sp.s. c 50 § 950; 2010 1st sp.s. c 27 § 5. Prior: 2009 c 564 § 939; 2009 c 479 § 37; prior: 2007 c 520 § 6035; 2007 c 484 § 5; prior: 2005 c 518 § 931; (2005 c 488 § 920 expired June 30, 2007); 2005 c 314 § 401; 2005 c 72 § 6; 2003 1st sp.s. c 25 § 920; prior: (2003 1st sp.s. c 26 § 919 expired June 30, 2005); (2003 1st sp.s. c 26 § 918 expired June 30, 2005); (2002 c 33 § 2 expired June 30, 2003); prior: 2001 c 3 § 9 (Initiative Measure No. 728, approved November 7, 2000); 2000 2nd sp.s. c 5 § 1; 2000 2nd sp.s. c 2 § 3; 1994 c 2 § 3 (Initiative Measure No. 601, approved November 2, 1993).]

Notes:

Reviser's note: *(1) RCW 28A.505.210 and 28A.505.220 were repealed by 2012 1st sp.s. c 10 § 9.      (2) RCW 43.135.045 was amended twice during the 2012 legislative session, each without reference to the other. For rule of construction concerning sections amended more than once during the same legislative session, see RCW 1.12.025.      Effective date -- 2012 2nd sp.s. c 5: "Sections 1 and 3 through 12 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect July 1, 2012." [2012 2nd sp.s. c 5 § 14.]      Effective dates -- 2011 1st sp.s. c 50: See note following RCW 15.76.115.      Findings -- Intent -- 2010 1st sp.s. c 27: See note following RCW 28B.76.526.      Effective date -- 2009 c 564: See note following RCW 2.68.020.      Effective date -- 2009 c 479: See note following RCW 2.56.030.      Part headings not law -- Severability -- Effective dates -- 2007 c 520: See notes following RCW 43.19.125.      Contingent effective date -- 2007 c 484 §§ 2-8: See note following RCW 43.79.495.      Effective date -- 2005 c 518 § 931: "Section 931 (RCW 43.135.045) of 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 June 30, 2005." [2005 c 518 § 1808.]      Severability -- 2005 c 518: See note following RCW 28A.500.030.      Expiration date -- 2005 c 488 §§ 920 and 921: "Sections 920 and 921 of this act expire June 30, 2007." [2005 c 488 § 955.]      Part headings not law -- Severability--Effective dates--2005 c 488: See notes following RCW 28B.50.360.      Effective date -- 2005 c 314 §§ 101-107, 109, 303-309, and 401: See note following RCW 46.68.290.      Part headings not law -- 2005 c 314: See note following RCW 46.68.035.      Findings--Effective dates -- 2005 c 72: See notes following RCW 43.135.010.      Expiration date -- 2003 1st sp.s. c 26: "Sections 918 through 921, 926, and 929 of this act expire June 30, 2005." [2003 1st sp.s. c 26 § 927.] Severability -- 2003 1st sp.s. c 26: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [2003 1st sp.s. c 26 § 930.]      Effective dates -- 2003 1st sp.s. c 26: "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 [June 26, 2003], except for section 919 of this act which takes effect June 30, 2003." [2003 1st sp.s. c 26 § 931.]      Severability -- Effective date -- 2003 1st sp.s. c 25: See notes following RCW 19.28.351.      Expiration date -- 2002 c 33: "This act expires June 30, 2003." [2002 c 33 § 3.]      Effective date -- 2002 c 33: "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 [March 13, 2002]." [2002 c 33 § 4.]      Short title -- Purpose -- Intent -- Construction -- Effective dates -- 2001 c 3 (Initiative Measure No. 728): See notes following RCW 67.70.240.      Effective date -- 2000 2nd sp.s. c 2: See note following RCW 43.135.025.