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 fiscal biennium, 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.

[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: This section was amended by 2009 c 479 § 37 and by 2009 c 564 § 939, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).

     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 46.17.010.

     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 -- Severability -- Effective dates -- 2001 c 3 (Initiative Measure No. 728): See notes following RCW 28A.505.210.

     Effective date -- 2000 2nd sp.s. c 2: See note following RCW 43.135.025.