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Senate Chamber, Olympia, Thursday, January 14, 1993
The Senate was called to order at 10:00 a.m. by President Pritchard. The Secretary called the roll and announced to the President that all Senators were present.
The Sergeant at Arms Color Guard, consisting of Pages Laura Hopper and Ashley Dumas, presented the Colors. Reverend Don Roberts, pastor of the Church of the Living Water of Olympia, offered the prayer.
On motion of Senator Jesernig, the reading of the Journal of the previous day was dispensed with and it was approved.
At 10:08 a.m., on motion of Senator Jesernig, the Senate was declared to be at ease.
The Senate was called to order at 11:04 a.m. by President Pritchard
INTRODUCTION AND FIRST READING
SB 5124 by Senators Owen, Snyder, Haugen, Spanel, Sellar, Oke, Amondson and Erwin (by request of Department of Fisheries)
AN ACT Relating to commercial fishing licenses; amending RCW 75.28.010, 75.28.014, 75.28.020, 75.28.030, 75.28.040, 75.28.110, 75.28.113, 75.28.116, 75.28.120, 75.28.125, 75.28.130, 75.28.280, 75.28.290, 75.28.690, 75.28.287, 75.28.710, 75.30.050, 75.30.065, 75.30.070, 75.30.090, 75.30.100, 75.30.120, 75.30.125, 75.30.130, 75.30.140, 75.28.235, 75.28.245, 75.30.160, 75.30.170, 75.30.180, 75.30.210, 75.30.220, 75.30.240, 75.30.250, 75.08.230, 75.28.134, 75.24.100, 75.28.070, and 75.50.100; reenacting and amending RCW 75.28.095 and 75.08.011; adding new sections to chapter 75.28 RCW; adding new sections to chapter 75.30 RCW; adding new sections to chapter 75.12 RCW; creating new sections; recodifying RCW 75.28.070, 75.28.134, 75.28.235, 75.28.245, and 75.28.287; decodifying RCW 75.30.150; repealing RCW 75.28.012, 75.28.035, 75.28.060, 75.28.140, and 75.28.255; and providing an effective date.
Referred to Committee on Natural Resources.
SB 5125 by Senators Owen, Snyder, Haugen, Spanel, Sellar, Oke, Amondson and Erwin (by request of Department of Fisheries)
AN ACT Relating to commercial salmon fishing licenses; and amending RCW 75.30.120.
Referred to Committee on Natural Resources.
SB 5126 by Senators Snyder, Owen, Haugen, Spanel, Sellar, Oke, Bauer, Amondson and Erwin (by request of Department of Fisheries)
AN ACT Relating to the geographical landmark at Cape Shoalwater; amending RCW 75.12.210 and 75.28.012; and creating a new section.
Referred to Committee on Natural Resources.
SB 5127 by Senators Moore, Prentice, Roach, Bauer, West, Talmadge, Williams, Vognild, Sutherland, Pelz, Prince, McAuliffe, Wojahn, Jesernig and Erwin
AN ACT Relating to leaves of absence by members of the Washington public employees' retirement system; reenacting and amending RCW 41.40.010; adding new sections to chapter 41.40 RCW; and creating a new section.
Referred to Committee on Labor and Commerce.
SB 5128 by Senators Moore, Newhouse, Snyder and Amondson
AN ACT Relating to registration for kegs or other similar containers for malt liquor; and amending RCW 66.24.360, 66.28.200, and 66.28.220.
Referred to Committee on Labor and Commerce.
SB 5129 by Senators Bauer, Sheldon, Barr, Haugen, Owen, Moyer, Gaspard, Sellar, Rinehart, Sutherland and McAuliffe
AN ACT Relating to educational service districts; and adding a new section to chapter 28A.310 RCW.
Referred to Committee on Education.
SB 5130 by Senators Talmadge and A. Smith
AN ACT Relating to attorneys' fees; and amending RCW 4.84.250.
Referred to Committee on Law and Justice.
SB 5131 by Senators Wojahn, Gaspard, Moyer, Prentice, A. Smith, Spanel, Deccio, Haugen, Quigley, Pelz and Talmadge
AN ACT Relating to firearms; amending RCW 9.41.098; and reenacting and amending RCW 9.41.010.
Referred to Committee on Law and Justice.
SB 5132 by Senators Talmadge, A. Smith, Wojahn and Oke
AN ACT Relating to liability of parents for the acts of children; and amending RCW 4.24.190.
Referred to Committee on Law and Justice.
SB 5133 by Senators Talmadge, Pelz, Moore, Skratek, Owen, A. Smith, Winsley and McAuliffe
AN ACT Relating to enhancement of youth recreation opportunities; amending RCW 9A.36.031; adding new sections to chapter 43.99 RCW; adding new sections to chapter 43.131 RCW; adding a new chapter to Title 67 RCW; prescribing penalties; and providing an effective date.
Referred to Committee on Ecology and Parks.
SB 5134 by Senators Haugen, Barr, Snyder, Oke, Winsley, Roach and Erwin
AN ACT Relating to property taxation of real or personal property owned by nonprofit organizations, associations, and corporations; and amending RCW 84.36.037 and 84.36.030.
Referred to Committee on Ways and Means.
SB 5135 by Senators Talmadge and McCaslin
AN ACT Relating to state and local initiative and referendum ballot titles; amending RCW 29.27.060, 29.79.040, 29.79.110, 29.27.065, 29.27.067, and 35A.29.120; adding a new section to chapter 29.79 RCW; and repealing RCW 35.17.320.
Referred to Committee on Government Operations.
SB 5136 by Senators Skratek and Haugen
AN ACT Relating to the vesting of property rights upon an application for the development or improvement of land; adding new sections to chapter 58.17 RCW; creating a new section; and repealing RCW 58.17.033.
Referred to Committee on Government Operations.
SB 5137 by Senators M. Rasmussen, Deccio, Erwin, Moyer, A. Smith, Haugen, Prince, Spanel, McCaslin, Winsley, von Reichbauer and Oke
AN ACT Relating to nonpartisan sheriffs; amending RCW 29.18.010, 29.21.010, 29.21.015, and 29.21.070; and providing an effective date.
Referred to Committee on Government Operations.
SB 5138 by Senators M. Rasmussen, Roach, Erwin, Moyer, A. Smith, Wojahn, Haugen, Spanel, McCaslin, Nelson, Quigley, Winsley and Oke
AN ACT Relating to persons under the age of twenty-one who are apparently under the influence of alcohol in a public place; amending RCW 66.44.270; and prescribing penalties.
Referred to Committee on Law and Justice.
SB 5139 by Senators Fraser, Wojahn, Prentice, Haugen, von Reichbauer, Williams, Winsley, Roach and McAuliffe (by request of Office of Financial Management, Washington State Historical Society and State Capital Historical Association)
AN ACT Relating to consolidation of the state capital historical association and the Washington state historical society; amending RCW 27.34.010, 27.34.020, 27.34.040, 27.34.250, 27.34.900, and 43.03.028; creating new sections; repealing RCW 27.34.090; providing an effective date; and declaring an emergency.
Referred to Committee on Government Operations.
SCR 8400 by Senators Talmadge, Skratek, Haugen, Owen, A. Smith, Pelz, Bluechel, Winsley and Erwin
Declaring a sister state relationship with the Province of Taiwan.
Referred to Committee on Trade, Technology and Economic Development.
On motion of Senator Jesernig, the Senate advanced to the ninth order of business.
On motion of Senator Jesernig, the Committee on Energy and Utilities was relieved of further consideration of Gubernatorial Appointment No. 9056, R. Ted Bottiger, as a member of the Pacific Northwest Electric Power and Conservation Planning Council.
On motion of Senator Jesernig, the Senate reverted to the sixth order of business.
CONFIRMATION OF GUBERNATORIAL APPOINTMENT
On motion of Senator Sutherland, Gubernatorial Appointment No. 9056, R. Ted Bottiger, as a member of the Pacific Northwest Electric Power and Conservation Planning Council, was confirmed.
Senator Gaspard spoke to the confirmation of R. Ted Bottiger, as a member of the Pacific Northwest Electric Power and Conservation Planning Council.
APPOINTMENT OF R. TED BOTTIGER
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 46; Nays, 2; Absent, 0; Excused, 0.
Voting yea: Senators Amondson, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 46.
Voting nay: Senators Anderson and Barr - 2.
SENATE BILL NO. 5000, by Senators Gaspard, Talmadge, Snyder, Prentice, Skratek, Drew, Fraser, Owen, Sheldon, Pelz, Rinehart, McAuliffe, M. Rasmussen, Wojahn, Williams, A. Rasmussen, A. Smith, Loveland, Vognild, Hargrove, Jesernig, Bauer, Spanel, Sutherland, Winsley, West, Moyer, Erwin, Quigley, von Reichbauer, Haugen, Sellar, Hochstatter, Newhouse, Oke, McDonald and Roach
Repealing the basic health plan sunset termination.
The bill was read the second time.
Senator West moved that the following amendment be adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 43.131.355 and 1987 1st ex.s. c 5 s 24 are each amended to read as follows:
The Washington basic health plan administrator and its powers and duties shall be terminated on June 30, ((1992)) 1997, as provided in RCW 43.131.356.
Sec. 2 RCW 43.131.356 and 1987 1st ex.s. c 5 s 25 are each amended to read as follows:
The following acts or parts of acts, as now existing or hereafter amended, are each repealed, effective June 30, ((1993)) 1998:
(1) Section 1, chapter 5, Laws of 1987 1st ex.s. and RCW 70.47.900;
(2) Section 1, chapter 54, Laws of 1990 and RCW 70.47.150;
(3) Section 2, chapter 5, Laws of 1987 1st ex.s. and RCW 70.47.140;
(((3))) (4) Section 3, chapter 5, Laws of 1987 1st ex.s. and RCW 70.47.010;
(((4))) (5) Section 4, chapter 5, Laws of 1987 1st ex.s. and RCW 70.47.020;
(((5))) (6) Section ((5)) 907, chapter ((5)) 232, Laws of ((1987 1st ex.s.)) 1992 and RCW 70.47.030;
(((6))) (7) Section 6, chapter 5, Laws of 1987 1st ex.s. and RCW 70.47.040;
(((7))) (8) Section 7, chapter 5, Laws of 1987 1st ex.s. and RCW 70.47.050;
(((8))) (9) Section ((8)) 908, chapter ((5)) 232, Laws of ((1987 1st ex.s.)) 1992 and RCW 70.47.060;
(((9))) (10) Section 9, chapter 5, Laws of 1987 1st ex.s. and RCW 70.47.070;
(((10))) (11) Section 10, chapter 5, Laws of 1987 1st ex.s. and RCW 70.47.080;
(((11))) (12) Section 11, chapter 5, Laws of 1987 1st ex.s. and RCW 70.47.090;
(((12))) (13) Section 12, chapter 5, Laws of 1987 1st ex.s. and RCW 70.47.100;
(((13))) (14) Section 13, chapter 5, Laws of 1987 1st ex.s., section 3, chapter 4, Laws of 1991 sp.s. and RCW 70.47.110;
(((14))) (15) Section 22, chapter 315, Laws of 1991, section 7, chapter 21, Laws of 1992 and RCW 70.47.115;
(16) Section 14, chapter 5, Laws of 1987 1st ex.s. and RCW 70.47.120;
(((15))) (17) Section 15, chapter 5, Laws of 1987 1st ex.s. and RCW 70.47.130;
(((16))) (18) Section 16, chapter 5, Laws of 1987 1st ex.s. and RCW 50.20.210;
(((17))) (19) Section 17, chapter 5, Laws of 1987 1st ex.s. and RCW 51.28.090; and
(((18))) (20) Section 18, chapter 5, Laws of 1987 1st ex.s. and RCW 74.04.033.
NEW SECTION. Sec. 3. 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 shall take effect immediately."2
Senator West demanded a roll call and the demand was sustained.
The President declared the question before the Senate to be the roll call on the adoption of the striking amendment by Senator West to Senate Bill No. 5000.
The Secretary called the roll and the amendment was not adopted by the following vote: Yeas, 21; Nays, 27; Absent, 0; Excused, 0.
Voting yea: Senators Amondson, Anderson, Barr, Bluechel, Cantu, Deccio, Erwin, Hochstatter, McCaslin, McDonald, Moyer, Nelson, Newhouse, Oke, Prince, Roach, Sellar, Smith, L., von Reichbauer, West and Winsley - 21.
Voting nay: Senators Bauer, Drew, Fraser, Gaspard, Hargrove, Haugen, Jesernig, Loveland, McAuliffe, Moore, Niemi, Owen, Pelz, Prentice, Quigley, Rasmussen, M., Rinehart, Sheldon, Skratek, Smith, A., Snyder, Spanel, Sutherland, Talmadge, Vognild, Williams and Wojahn - 27.
On motion of Senator Talmadge, the rules were suspended, Senate Bill No. 5000 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
POINT OF INQUIRY
Senator Prince: "Senator Gaspard, I am a little reluctant to vote for this bill, because this bill only deals with a part of this state. I represent a district that needs this program very badly. I would find it much easier to vote for this if I felt that if the intent was, in continuing this program, that maybe some other people could be brought in to the program as well."
Senator Gaspard: "Senator Prince, the purpose for this legislation is to eliminate the termination of our Basic Health Care Plan that was scheduled to take place at the end of this biennium, June 30. As I mentioned earlier in our comments, and Senator Talmadge has also mentioned it, it will probably be a major part of the improvements that we would like to make to health care in a health care reform program that we will be looking at later this session.
"Certainly, when we improve access, we would like to make the improvements to health care that would go to other parts of our state, and so we look forward to making this program available throughout the state of Washington and look forward to working with you to make that happen."
Senator Prince: "O.K., that reassures me; it is easier for me to cast a vote for it."
Further debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5000.
The Secretary called the roll on the final passage of Senate Bill No. 5000 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Amondson, Anderson, Barr, Bauer, Bluechel, Cantu, Deccio, Drew, Erwin, Fraser, Gaspard, Hargrove, Haugen, Hochstatter, Jesernig, Loveland, McAuliffe, McCaslin, McDonald, Moore, Moyer, Nelson, Newhouse, Niemi, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, M., Rinehart, Roach, Sellar, Sheldon, Skratek, Smith, A., Smith, L., Snyder, Spanel, Sutherland, Talmadge, Vognild, von Reichbauer, West, Williams, Winsley and Wojahn - 48.
SENATE BILL NO. 5000, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.
On motion of Senator Jesernig, the Senate advanced to the eighth order of business.
On motion of Senator Jesernig, the following resolution was adopted:
SENATE RESOLUTION 1993-8602
BE IT RESOLVED, That the Rules of the Senate for the 1991 Regular Session of the 52nd Legislature be adopted, as amended, as the Rules for the 1993 Regular Session of the 53rd Legislature, to read as follows:
FIFTY-((SECOND)) THIRD LEGISLATURE
SECTION I - OFFICERS-MEMBERS-EMPLOYEES
Rule 1 Duties of the President
Rule 2 President Pro Tempore
Rule 3 Secretary of the Senate
Rule 4 Sergeant at Arms
Rule 5 Subordinate Officers
Rule 6 Employees
Rule 7 Conduct of Members and Officers
SECTION II - OPERATIONS AND MANAGEMENT
Rule 8 Payment of Expenses - Facilities and Operations
Rule 9 Use of Senate Chambers
Rule 10 Admission to the Senate
Rule 11 Printing of Bills
Rule 12 Furnishing Full File of Bills
Rule 13 Regulation of Lobbyists
Rule 14 Security Management
SECTION III - RULES AND ORDER
Rule 15 Time of Convening
Rule 16 Quorum
Rule 17 Order of Business
Rule 18 Special Order
Rule 19 Unfinished Business
Rule 20 Motions and Senate Floor Resolutions (How Presented)
Rule 21 Precedence of Motions
Rule 22 Voting
Rule 23 Announcement of Vote
Rule 24 Call of the Senate
Rule 25 One Subject in a Bill
Rule 26 No Amendment by Mere Reference to Title of Act
Rule 27 Reading of Papers
Rule 28 Comparing Enrolled and Engrossed Bills
SECTION IV - PARLIAMENTARY PROCEDURE
Rule 29 Rules of Debate
Rule 30 Recognition by the President
Rule 31 Call for Division of a Question
Rule 32 Point of Order - Decision Appealable
Rule 33 Question of Privilege
Rule 34 Protests
Rule 35 Suspension of Rules
Rule 36 Previous Question
Rule 37 Reconsideration
Rule 38 Motion to adjourn
Rule 39 Yeas and Nays - When Must be Taken
Rule 40 Reed's Parliamentary Rules
SECTION V - COMMITTEES
Rule 41 Committees - Appointment and Confirmation
Rule 42 Subcommittees
Rule 43 Subpoena Power
Rule 44 Duties of Committees
Rule 45 Committee Rules
Rule 46 Committee Meetings During Sessions
Rule 47 Reading of Reports
Rule 48 Recalling Bills from Committees
Rule 49 Bills Referred to Rules Committee
Rule 50 Rules Committee
Rule 51 Employment Committee
Rule 52 Committee of the Whole
Rule 53 Appropriation Budget Bills
SECTION VI - BILLS, RESOLUTIONS, MEMORIALS AND GUBERNATORIAL APPOINTMENTS
Rule 54 Definitions
Rule 55 Prefiling
Rule 56 Introduction of Bills
Rule 57 Amendatory Bills
Rule 58 Joint Resolutions and Memorials
Rule 59 Senate Concurrent Resolutions
Rule 60 Committee Bills
Rule 61 Committee Reference
Rule 62 Reading of Bills
Rule 63 First Reading
Rule 64 Second Reading/Amendments
Rule 65 Third Reading
Rule 66 Scope and Object of Bill Not to be Changed
Rule 67 Matter Related to Disagreement Between the Senate and House
Rule 68 Bills Committed for Special Amendment
Rule 69 Confirmation of Gubernatorial Appointees
Duties of the President
Rule 1. 1. The president shall take the chair and call the senate to order precisely at the hour appointed for meeting, and, if a quorum be present, shall cause the journal of the preceding day to be read. (See also Art. 3, Sec. 16, State Constitution.)
2. The president shall preserve order and decorum, and in case of any disturbance or disorderly conduct within the chamber, legislative area, legislative offices or buildings, and legislative hearing and meeting rooms, shall order the sergeant at arms to suppress the same, and may order the arrest of any person creating any disturbance within the senate chamber.
3. The president shall have charge of and see that all officers, employees, and clerks perform their respective duties, and shall have general control of the senate chamber and lobby. (See also Art. 2, Sec. 10, State Constitution.)
4. The president may speak to points of order in preference to members, arising from the president's seat for that purpose, and shall decide all questions of order subject to an appeal to the senate by any member, on which appeal no member shall speak more than once without leave of the senate.
5. The president shall, in open session, sign all acts, addresses and joint resolutions. The president shall sign all writs, warrants and subpoenas issued by order of the senate, all of which shall be attested by the secretary. (See also Art. 2, Sec. 32, State Constitution.)
6. The president shall appoint all conference, special, joint and hereinafter named standing committees on the part of the senate. The appointment of the conference, special, joint and standing committees shall be confirmed by the senate. In the event the senate refuses to confirm any conference, special, joint or standing committee or committees, such committee or committees shall be elected by the senate.
7. The president shall, on each day, announce to the senate the business in order, and no business shall be taken up or considered until the order to which it belongs shall be declared.
8. The president shall decide and announce the result of any vote taken.
9. When a vote of the senate is equally divided, the lieutenant governor, when presiding, shall have the deciding vote on questions other than the final passage of a bill. (See also Art. 2, Sec. 10 and 22, State Constitution.)
President Pro Tempore
Rule 2. 1. Upon the organization of the senate the members shall elect one of their number as president pro tempore who shall have all the powers and authority and who shall discharge all the duties of lieutenant governor acting as president during the lieutenant governor's absence. The senate shall also elect a vice-president pro tempore who will serve in the absence of the lieutenant governor and the president pro tempore. (See Art. 2, Sec. 10, State Constitution.)
2. In the absence of the president pro tempore, and vice president pro tempore, or with their consent, the president shall have the right to name any senator to perform the duties of the chair, but such substitution shall not extend beyond an adjournment, nor authorize the senator so substituted to sign any documents requiring the signature of the president.
Secretary of the Senate
Rule 3. 1. The senate shall elect a secretary, who shall appoint a deputy secretary, both of whom shall be officers of the senate and shall perform the usual duties pertaining to their offices, and they shall hold office until their successors have been elected or appointed.
2. The secretary is the Personnel Officer of the senate and shall appoint, subject to the approval of the senate, all other senate employees and the hours of duty and assignments of all senate employees shall be under the secretary's directions and instructions and they may be dismissed at the secretary's discretion.
3. The secretary of the senate, prior to the convening of the next regular session, shall prepare his office to receive bills which the holdover members and members-elect may desire to prefile commencing with the first Monday in December preceding any regular session or twenty days prior to any special session of the legislature.
Sergeant at Arms
Rule 4. 1. The senate shall elect a sergeant at arms who shall perform the usual duties pertaining to that office, and shall hold office until a successor has been elected.
2. The sergeant at arms shall not admit to the floor of the senate during the time the senate is not convened any person other than specifically requested by a senator, the president, or the secretary of the senate, in writing or when personally accompanied by a senator.
Rule 5. The subordinate officers of the senate shall perform such duties as usually pertain to their respective positions in legislative bodies under the direction of the president, and such other duties as the senate may impose upon them. Under no circumstances shall the compensation of any employee be increased for past services. (See also Art. 2, Sec. 25, State Constitution.)
Rule 6. 1. No senate employee shall lobby in favor of or against any matter under consideration.
2. A legislative employee shall not accept any gratuity or compensation for services rendered in connection with legislative employment other than legislative salary. A legislative employee shall not accept any employment, in addition to legislative employment, which would impair independence of judgment. Except within the scope of employment, a legislative employee shall not provide any service to a lobbyist or any other person.
3. A legislative employee shall not use or attempt to (a) obtain any privilege, exemption, special treatment or any other thing of value, or (b) obtain any such benefit for others except as required to perform duties within the scope of senate employment.
4. A legislative employee shall not accept or solicit anything of value under circumstances in which it can be reasonably inferred that the legislative employee's independence of judgment is impaired or is intended as a reward for any official action.
5. A legislative employee shall not disclose confidential information acquired by reason of senate employment to any person or group not entitled to receive such information, nor shall such information be used for personal gain or to benefit others.
6. A legislative employee shall not enter into any contract with a state agency involving services or property, unless the contract is made after public notice and competitive bidding; except in cases where public notice and competitive bidding are not required, the contract or agreement shall be filed with the appropriate board of ethics.
7. A legislative employee shall not solicit or accept contributions for any candidate or political committee during working hours. At no time shall a legislative employee directly or indirectly coerce another employee into making a contribution to a candidate or a political committee. No legislative employee, as a condition of becoming or remaining employed, shall directly or indirectly be required to make any contribution to a political candidate, committee or party.
Conduct of Members and Officers
Rule 7. 1. Indecorous conduct, boisterous or unbecoming language will not be permitted in the senate at any time.
2. In cases of breach of decorum or propriety, any senator, officer or other person shall be liable to such censure or punishment as the senate may deem proper, and if any senator be called to order for offensive or indecorous language or conduct, the person calling the senator to order shall report the language excepted to which shall be taken down or noted at the secretary's desk. No member shall be held to answer for any language used upon the floor of the senate if business has intervened before exception to the language was thus taken and noted.
3. If any senator in speaking, or otherwise, transgresses the rules of the senate, the president shall, or any senator may, call that senator to order, and a senator so called to order shall resume the senator's seat and not proceed without leave of the senate, which leave, if granted, shall be upon motion "that the senator be allowed to proceed in order," when, if carried, the senator shall speak to the question under consideration.
4. No senator shall be absent from the senate without leave, except in case of accident or sickness, and if any senator or officer shall be absent the senator's per diem shall not be allowed or paid, and no senator or officer shall obtain leave of absence or be excused from attendance without the consent of a majority of the members present.
5. In the event of a motion or resolution to censure or punish, or any procedural motion thereto involving a senator, that senator shall not vote thereon. The senator shall be allowed to answer to such motion or resolution. An election or vote by the senate on a motion to censure or punish a senator shall require the vote of a majority of all senators elected or appointed to the senate. A vote to expel a member shall require a two-thirds concurrence of all members elected or appointed to the senate. All votes shall be taken by yeas and nays and the votes shall be entered upon the journal. (See also Art. 2, Sec. 9, State Constitution.)
OPERATIONS AND MANAGEMENT
Payment of Expenses - Facilities and Operations
Rule 8. 1. After the reorganization caucuses of the Senate, the majority caucus shall designate four members and the minority caucus shall designate three members to serve on the Facilities and Operations Committee. The chair of the majority caucus shall be the chair of the Facilities and Operations Committee. The operation of the Senate shall transfer to the newly designated members after the reorganization caucuses of the Senate.
2. All necessary expenses of the senate incurred during the session shall be signed for by the secretary and approved by a majority of the committee on facilities and operations. The committee on facilities and operations shall carefully consider all items of expenditure ordered or contracted on the part of the senate, and report upon the same prior to the voucher being signed by the president and the secretary of the senate authorizing the payment thereof. The committee on facilities and operations shall issue postage only as follows:
a) To elected or appointed members of the senate in an amount sufficient to allow performance of their legislative duties.
b) To the secretary of the senate in an amount sufficient to carry out the business of the senate.
Use of Senate Chambers
Rule 9. The senate chamber and its facilities shall not be used for any but legislative business, except by permission of the senate while in session, or by the facilities and operations committee when not in session.
Admission to the Senate
Rule 10. The sergeant at arms shall admit only the following individuals to the floor and adjacent areas of the senate for the period of time beginning one-half hour before convening and ending when the senate has adjourned or recessed for an hour or more:
The governor and/or designees,
Members of the house of representatives,
State elected officials,
Officers and authorized employees of the legislature,
Honored guests being presented to the senate,
Former members of the senate who are not registered lobbyists pursuant to chapter 42.17 RCW,
Representatives of the press,
Persons specifically requested by a senator to the president in writing or only as long as accompanied by a senator.
Printing of Bills
Rule 11. The number of bills printed and reprinted shall be at the discretion of the secretary of the senate, with the approval of the facilities and operations committee.
Furnishing Full File of Bills
Rule 12. Persons, firms, corporations and organizations within the state, desirous of receiving copies of all printed senate bills, shall make application therefor to the secretary of the senate, who shall refer all such requests to the committee on rules. The bill clerk shall send copies of all printed senate bills to such persons, firms, corporations and organizations as may be ordered by the committee on rules. The secretary of the senate is authorized to recoup mailing costs as directed by the rules committee.
Regulation of Lobbyists
Rule 13. All persons who engage in lobbying of any kind as defined in chapter 42.17 RCW shall be subject to the rules of the senate and legislature when lobbying before the senate. Any person who fails to conform to the senate or joint rules may have their privilege to lobby and all other privileges revoked upon a majority vote of the committee on rules for such time as is deemed appropriate by the committee.
Any person registered as a lobbyist pursuant to chapter 42.17 RCW who intervenes in or attempts to influence any personnel decision of the senate regarding any employee may suffer an immediate revocation of all privileges before the senate or such other privileges and for such time as may be deemed appropriate by the senate committee on rules. This restriction shall not prohibit a registered lobbyist from making written recommendations for staff positions.
Recognizing the public concern about lobbyist influence on the legislative process, the Senate encourages more complete disclosure of all gifts from lobbyists registered pursuant to chapter 42.17 RCW by requiring the following:
(1) Each quarter, beginning with the 2nd calendar quarter of 1991, each Senator and staff member of the Senate shall advise the public disclosure commission of all gifts, received by that Senator or staff member.
For this rule, "gift" means a rendering of money, property, services, discount, loan forgiveness, payment of indebtedness, reimbursements from or payments by persons, other than the state of Washington or any agency or political subdivision thereof, for travel or anything else of value in excess of fifty dollars in return for which legal consideration of equal or greater value is not given and received but does not include:
(a) Any contribution that is required to be reported under chapter 42.17 RCW;
(b) Any informational material that is transferred for the purpose of informing the recipient about matters pertaining to official legislative business, and that is not intended to financially benefit that recipient;
(c) Any symbolic presentation that is not intended to financially benefit the recipient;
(d) Any hosting in the form of entertainment, meals, or refreshments, the value of which does not exceed one hundred dollars, furnished in connection with official appearances, official ceremonies, and occasions where official legislative business is discussed;
(e) Gifts that are not used and that, within thirty days after receipt, are returned to the donor or delivered to a charitable organization without being claimed as a charitable contribution for tax purposes;
(f) Intrafamily gifts; or
(g) Gifts received in the normal course of private business or social interaction that are not related to public policy decisions or legislative actions.
(2) The lobbyists shall provide each member a timely report of such gifts.
(3) The gift reporting requirements for members and staff contained in this rule will be inoperative so long as a state law is in effect which addresses gift reporting to the Public
Rule 14. The sergeant at arms may develop methods to protect the Senate, including its members, staff, and the visiting public, by establishing procedures to curtail the use or possession of any weapon in a manner that is prohibited by law or by the rules of the Department of General Administration.
RULES AND ORDER
Time of Convening
Rule 15. The senate shall convene at 10:00 a.m. each working day, unless adjourned to a different hour. The senate shall adjourn not later than 10:00 p.m. of each working day. The senate shall recess ninety minutes for lunch each working day. When reconvening on the same day the senate shall recess ninety minutes for dinner each working evening. This rule may be suspended by a majority.
Rule 16. A majority of all members elected to the senate shall be necessary to constitute a quorum to do business. Less than a quorum may adjourn from day to day until a quorum can be had. (See Art. 2, Sec. 8, State Constitution.)
Order of Business
Rule 17. After the roll is called and journal read and approved, business shall be disposed of in the following order:
FIRST. Reports of standing committees.
SECOND. Reports of select committees.
THIRD. Messages from the governor and other state officers.
FOURTH. Messages from the house of representatives.
FIFTH. Introduction, first reading and reference of bills, joint memorials, joint resolutions and concurrent resolutions.
SIXTH. Second reading of bills.
SEVENTH. Third reading of bills.
EIGHTH. Presentation of petitions, memorials and floor resolutions.
NINTH. Presentation of motions.
The order of business established by this rule may be changed and any order of business already dealt with may be reverted or advanced to by a majority vote of those present.
All questions relating to the priority of business shall be decided without debate.
Messages from the governor, other state officers, and from the house of representatives may be considered at any time with the consent of the senate.
Rule 18. The president shall call the senate to order at the hour fixed for the consideration of a special order, and announce that the special order is before the senate, which shall then be considered unless it is postponed by a majority vote of the members present, and any business before the senate at the time of the announcement of the special order shall take its regular position in the order of business.
Rule 19. The unfinished business at the preceding adjournment shall have preference over all other matters, excepting special orders, and no motion or any other business shall be received without special leave of the senate until the former is disposed of.
Motion and Senate Floor Resolutions
Rule 20. 1. No motion shall be entertained or debated until announced by the president and every motion shall be deemed to have been seconded. It shall be reduced to writing and read by the secretary, if desired by the president or any senator, before it shall be debated, and by the consent of the senate may be withdrawn before amendment or action.
2. Senate floor resolutions shall be acted upon in the same manner as motions. All senate floor resolutions shall be on the secretary's desk at least twenty-four hours prior to consideration. After the tenth day preceding adjournment sine die of any regular session, senate floor resolutions automatically shall be referred to the committee on rules.
Precedence of Motions
Rule 21. When a motion has been made and stated by the chair the following motions are in order, in the rank named:
Adjourn or recess
Demand for call of the senate
Demand for roll call
Demand for division
Question of privilege
Orders of the day
Points of order and appeal
Method of consideration
Suspend the rules
Withdraw a motion
Division of a question
1st Rank: To lay on the table
2nd Rank: For the previous question
3rd Rank: To postpone to a day certain
To commit or recommit
To postpone indefinitely
4th Rank: To amend
No motion to postpone to a day certain, to commit, or to postpone indefinitely, being decided, shall again be allowed on the same day and at the same stage of the proceedings, and when a question has been postponed indefinitely it shall not again be introduced during the session.
A motion to lay an amendment on the table shall not carry the main question with it unless so specified in the motion to table.
At no time shall the senate entertain a Question of Consideration.
Rule 22. 1. In all cases of election by the senate, the votes shall be taken by yeas and nays, and no senator or other person shall remain by the secretary's desk while the roll is being called or the votes are being counted. No senator shall be allowed to vote except when within the bar of the senate, or upon any question upon which he or she is in any way personally or directly interested, nor be allowed to explain a vote or discuss the question while the yeas and nays are being called, nor change a vote after the result has been announced. (See also Art. 2, Secs. 27 and 30, State Constitution.)
2. A member not voting by reason of personal or direct interest, or by reason of an excused absence, may explain the reason for not voting by a brief statement not to exceed fifty words in the journal.
3. The yeas and nays shall be taken when called for by one-sixth of all the senators present, and every senator within the bar of the senate shall vote unless excused by the unanimous vote of the members present, and the votes shall be entered upon the journal. (See also Art. 2, Sec. 21. State Constitution.)
When once begun the roll call may not be interrupted for any purpose other than to move a call of the senate. (See also Rule 24.)
4. A senator having been absent during roll call may ask to have his or her name called. Such a request must be made before the result of the roll call has been announced by the president.
5. The passage of a bill or action on a question is lost by a tie vote, but when a vote of the senate is equally divided, the lieutenant governor, when presiding, shall have the deciding vote on questions other than the final passage of a bill. (See also Art. 2, Secs. 10 and 22, State Constitution.)
6. The order of the names on the roll call shall be alphabetical by last name.
7. All votes in a committee shall be recorded, and the record shall be preserved as prescribed by the secretary of the senate. One-sixth of the committee may demand an oral roll call.
Announcement of Vote
Rule 23. The announcement of all votes shall be made by the president.
Call of the Senate
Rule 24. Although a roll call is in progress, a call of the senate may be moved by three senators, and if carried by a majority of all present the secretary shall call the roll, after which the names of the absentees shall again be called. The doors shall then be locked and the sergeant at arms directed to take into custody all who may be absent without leave, and all the senators so taken into custody shall be presented at the bar of the senate for such action as the senate may deem proper.
One Subject in a Bill
Rule 25. No bill shall embrace more than one subject and that shall be expressed in the title. (See also Art. 2, Sec. 19, State Constitution.)
No Amendment by Mere Reference to Title of Act
Rule 26. No act shall ever be revised or amended by mere reference to its title, but the act revised or the section amended shall be set forth at full length. (See also Art. 2, Sec. 37, State Constitution.)
Reading of Papers
Rule 27. When the reading of any paper is called for, and is objected to by any senator, it shall be determined by a vote of the senate, without debate.
Any and all copies of reproductions of newspaper or magazine editorials, articles or cartoons or publications or material of any nature distributed to senators' desks must bear the name of at least one senator granting permission for the distribution. This shall not apply to materials normally distributed by the secretary of the senate or the majority or minority caucuses.
Comparing Enrolled and Engrossed Bills
Rule 28. Any senator shall have the right to compare an enrolled bill with the engrossed bill and may note any objections in the Journal.
Rules of Debate
Rule 29. When any senator is about to speak in debate, or submit any matter to the senate, the senator shall rise, and standing in place, respectfully address the President, and when recognized shall, in a courteous manner, speak to the question under debate, avoiding personalities . No senator shall impeach the motives of any other member or speak more than twice (except for explanation) during the consideration of any one question, on the same day or a second time without leave, when others who have not spoken desire the floor, but incidental and subsidiary questions arising during the debate shall not be considered the same question. A majority of the members present may further limit the number of times a member may speak on any question and may limit the length of time a member may speak but, unless a demand for the previous question has been sustained, a member shall not be denied the right to speak at least once on each question, nor shall a member be limited to less than three minutes on each question. In any event, the senator who presents the motion may open and close debate on the question.
Recognition by the President
Rule 30. When two or more senators rise at the same time to address the chair, the president shall name the one who shall speak first, giving preference, when practicable, to the mover or introducer of the subject under consideration.
Call for Division of a Question
Rule 31. Any senator may call for a division of a question, which shall be divided if it embraces subjects so distinct that one being taken away a substantive proposition shall remain for the decision of the senate; but a motion to strike out and insert shall not be divided.
Point of Order - Decision Appealable
Rule 32. Every decision of points of order by the president shall be subject to appeal by any senator, and discussion of a question of order shall be allowed. In all cases of appeal the question shall be: "Shall the decision of the chair stand as the judgment of the senate?"
Question of Privilege
Rule 33. Any senator may rise to a question of privilege and explain a personal matter by leave of the president, but shall not discuss any pending question in such explanations, nor shall any question of personal privilege permit any senator to introduce any person or persons in the galleries. The president upon notice received may acknowledge the presence of any distinguished person or persons.
A question of privilege shall involve only subject matter which affects the particular senator personally and in a manner unique and peculiar to that senator.
Rule 34. Any senator or senators may protest against the action of the senate upon any question. Such protest may be entered upon the journal if it does not exceed 200 words. The senator protesting shall file the protest with the secretary of the senate within 48 hours following the action protested.
Adoption and Suspension of Rules
Rule 35. 1. The permanent senate rules adopted at the first regular session during a legislative biennium shall govern any session subsequently convened during the same legislative biennium. Adoption of permanent rules may be by majority of the senate without notice and a majority of the senate may change a permanent rule without notice at the beginning of any session, as determined pursuant to Article 2, Section 12 of the State Constitution. No permanent rule or order of the senate shall be rescinded or changed without a majority vote of the members, and one day's notice of the motion.
2. A permanent rule or order may be temporarily suspended for a special purpose by a vote of two-thirds of the members present unless otherwise specified herein. When the suspension of a rule is called, and after due notice from the president no objection is offered, the president may announce the rule suspended, and the senate may proceed accordingly. Motion for suspension of the rules shall not be debatable, except, the mover of the motion may briefly explain the purpose of the motion and at the discretion of the president a rebuttal may be allowed.
Rule 36. The previous question shall not be put unless demanded by three senators, and it shall then be in this form: "Shall the main question be now put?" When sustained by a majority of senators present it shall preclude all debate, except the senator who presents the motion may open and close debate on the question and the vote shall be immediately taken on the question or questions pending before the senate, and all incidental question or questions of order arising after the motion is made shall be decided whether on appeal or otherwise without debate.
Rule 37. 1. After the final vote on any measure, before the adjournment of that day's session, any member who voted with the prevailing side may give notice of reconsideration unless a motion to immediately transmit the measure to the house has been decided in the affirmative and the measure is no longer in possession of the senate. Such motion to reconsider shall be in order only under the order of motions of the day immediately following the day upon which such notice of reconsideration is given, and may be made by any member who voted with the prevailing side.
2. A motion to reconsider shall have precedence over every other motion, except a motion to adjourn; and when the senate adjourns while a motion to reconsider is pending or before passing the order of motions, the right to move a reconsideration shall continue to the next day of sitting. On and after the tenth day prior to adjournment sine die of any session, as determined pursuant to Article 2, Section 12, or concurrent resolution, or in the event that the measure is subject to a senate rule or resolution or a joint rule or concurrent resolution, which would preclude consideration on the next day of sitting a motion to reconsider shall only be in order on the same day upon which notice of reconsideration is given and may be made at any time that day. Motions to reconsider a vote upon amendments to any pending question may be made and decided at once.
Motion to Adjourn
Rule 38. Except when under call of the senate, a motion to adjourn shall always be in order. The name of the senator moving to adjourn and the time when the motion was made shall be entered upon the journal.
Yeas and Nays - When Must be Taken
Rule 39. The yeas and nays shall be taken when called for by one-sixth of all the senators present, and every senator within the bar of the senate shall vote unless excused by the unanimous vote of the members present, and the votes shall be entered upon the journal. (See also Art. 2, Sec. 21, State Constitution.)
When once begun the roll call may not be interrupted for any purpose other than to move a call of the senate. (See also Senate Rules 22 and 24.)
Reed's Parliamentary Rules
Rule 40. The rules of parliamentary practice as contained in Reed's Parliamentary Rules shall govern the senate in all cases to which they are applicable, and in which they are not inconsistent with the rules and orders of this senate and the joint rules of this senate and the house of representatives.
Committees - Appointment and Confirmation
Rule 41. The president shall appoint all conference, special, joint and standing committees on the part of the senate. The appointment of the conference, special, joint and standing committees shall be confirmed by the senate.
In the event the senate shall refuse to confirm any conference, special, joint or standing committee or committees, such committee or committees shall be elected by the senate.
The following standing committees shall constitute the standing committees of the senate:
1. Agriculture ((and Water Resources)) 7
2. ((Children and Family Services 5))
Ecology and Parks 7
((Commerce and Labor 9))
3. Education ((11)) 12
4. Energy and Utilities ((9)) 11
((Environment and Natural Resources 9))
((Financial Institutions and Insurance 11))
5. Government((al)) Operations ((5)) 7
6. Health and ((Long Term Care))
Human Services((7)) 15
7. Higher Education 9
8. Labor and Commerce 13
9. Law and Justice 9
10. Natural Resources 11
11. Rules((18)) 21
12. Trade, Technology and Economic Development 7
13. Transportation 15
14. Ways and Means ((23)) 24
Rule 42. Committee chairmen may create subcommittees of the standing committee and designate subcommittee chairmen thereof to study subjects within the jurisdiction of the standing committee. The committee chairmen shall approve the use of committee staff and equipment assigned to the subcommittee. Subcommittee activities shall further be subject to facilities and operations committee approval to the same extent as are the actions of the standing committee from which they derive their authority.
Rule 43. Any of the above referenced committees, including subcommittees thereof, or any special committees created by the senate, may have the powers of subpoena, the power to administer oaths, and the power to issue commissions for the examination of witnesses in accordance with the provisions of chapter 44.16 RCW. The committee chairman shall file with the committee on rules, prior to issuance of any process, a statement of purpose setting forth the name or names of those subject to process. The rules committee shall consider every proposed issuance of process at a meeting of the rules committee immediately following the filing of the statement with the committee. The process shall not be issued prior to consideration by the rules committee. The process shall be limited to the named individuals and the committee on rules may overrule the service on an individual so named.
Duties of Committees
Rule 44. The several committees shall fully consider measures referred to them.
The committees shall acquaint themselves with the interest of the state specially represented by the committee, and from time to time present such bills and reports as in their judgment will advance the interests and promote the welfare of the people of the state: PROVIDED, That no executive action on bills may be taken during an interim.
Rule 45. 1. At least five days notice shall be given of all public hearings held by any committee other than the rules committee. Such notice shall contain the date, time and place of such hearing together with the title and number of each bill, or identification of the subject matter, to be considered at such hearing. By a majority vote of the committee members present at any committee meeting such notice may be dispensed with. The reason for such action shall be set forth in a written statement preserved in the records of the meeting.
2. No committee may hold a public hearing during a regular or extraordinary session on a proposal identified as a draft unless the draft has been made available to the public at least twenty-four hours prior to the hearing. This rule does not apply during the five days prior to any cutoff established by concurrent resolution nor does it apply to any measure exempted from the resolution.
3. During its consideration of or vote on any bill, resolution or memorial, the deliberations of any committee or subcommittee of the senate shall be open to the public. In case of any disturbance or disorderly conduct at any such deliberations, the chairman shall order the sergeant at arms to suppress the same and may order the meeting closed to any person or persons creating such disturbance.
4. A majority of any committee shall constitute a quorum. Committees shall be considered to have a quorum present unless the question is raised. No committee shall transact official business absent a quorum except to conduct a hearing.
5. Bills reported to the senate from a standing committee must have a majority report, which shall be prepared upon a printed standing committee report form; shall carry one of the following recommendations, shall be adopted at a regularly or specially called meeting during a legislative session and shall be signed by a majority of the committee:
a. Do pass.
b. Do pass as amended.
c. That a substitute bill be substituted therefor, and the substitute bill do pass.
d. That the bill be referred to another committee.
e. Without recommendation.
6. A majority report of a committee must carry the signatures of a majority of the members of the committee. In the event a committee has a quorum pursuant to subsection 3 of this rule, a majority of the members present may act on a measure, subject to obtaining the signatures of a majority of the members of the committee on the majority report.
7. Any measure which does not receive a majority vote of the members present may be reconsidered at that meeting and may again be considered upon motion of any committee member if one day's notice of said motion is provided to all committee members.
8. Members of the committee not concurring in the majority report may prepare a written minority report containing a different recommendation which shall be signed by those members of the committee subscribing thereto.
9. When a committee reports a substitute for an original bill with the recommendation that the substitute bill do pass, it shall be in order to read the substitute bill the first time and have the same ordered printed.
A motion for the substitution of the substitute bill for the original bill shall not be in order until the committee on rules places the original bill on the second reading calendar.
10. No vote in any committee shall be taken by secret ballot nor shall any committee have a policy of secrecy as to any vote on action taken in such committee.
11. All reports of standing committees must be on the secretary's desk one hour prior to convening of the session in order to be read at said session.
Committee Meetings During Sessions
Rule 46. No committee shall sit during the daily session of the senate unless by special leave.
No committee shall sit during any scheduled caucus.
Reading of Reports
Rule 47. The majority report, and minority report, if there be one, together with the names of the signers thereof, shall be read by the secretary, unless the reading be dispensed with by the senate, and all committee reports shall be spread upon the journal.
Recalling Bills from Committees
Rule 48. Any standing committee of the senate may be relieved of further consideration of any bill, regardless of prior action of the committee, by a majority vote of the senators elected. The senate may then make such orderly disposition of the bill as they may direct by a majority vote of the members of the senate.
Bills Referred to Rules Committee
Rule 49. All bills reported by a committee to the senate shall then be referred to the committee on rules for second reading without action on the report unless otherwise ordered by the senate. (See also Rules 63 and 64.)
Rule 50. The lieutenant governor shall be a voting member and the chair of the committee on rules. The committee on rules shall have charge of the daily second and third reading calendar of the senate and shall direct the secretary of the senate the order in which the bills shall be considered by the senate and the committee on rules shall have the authority to directly refer any bill before them to any other standing committee. Such referral shall be reported out to the senate on the next day's business.
The senate may change the order of consideration of bills on the second or third reading calendar.
The calendar, except in emergent situations, as determined by the committee on rules, shall be on the desks and in the offices of the senators each day and shall cover the bills for consideration on the next following day.
Rule 51. The employment committee for committee staff shall consist of five members, three from the majority party and two from the minority party. The chair shall be appointed by the majority leader. The committee shall, in addition to its other duties, appoint a staff director for committee services with the concurrence of four of its members. All other decisions shall be determined by majority vote. The committee shall operate within staffing, budget levels and guidelines as authorized and adopted by the facilities and operations committee.
Committee of the Whole
Rule 52. At no time shall the senate sit as a committee of the whole.
The senate may at any time, by the vote of the majority of the members present, sit as a body for the purpose of taking testimony on any measure before the senate.
Appropriation Budget Bills
Rule 53. No amendment to the budget, capital budget or supplemental budget, not incorporated in the bill as reported by the ways and means committee, shall be adopted except by the affirmative vote of sixty percent of the senators elected.
BILLS, RESOLUTIONS, MEMORIALS AND GUBERNATORIAL APPOINTMENTS
Rule 54. "Measure" means a bill, joint memorial, joint resolution, or concurrent resolution.
"Bill" when used alone means bill, joint memorial, joint resolution, or concurrent resolution.
"Majority" shall mean a majority of those members present unless otherwise stated.
Rule 55. Holdover members and members-elect to the senate may prefile bills with the secretary of the senate on any day commencing with the first Monday in December preceding any session year; or twenty days prior to any special session of the legislature. Such bills will be printed, distributed and prepared for introduction on the first legislative day. No bill, joint memorial or joint resolution shall be prefiled by title and/or preamble only. (See also Rule 3, Sub. 3.)
Introduction of Bills
Rule 56. All bills, joint resolutions and joint memorials introduced shall be endorsed with a statement of the title and the name of the member introducing the same. Any member desiring to introduce a bill, joint resolution or joint memorial shall file the same with the secretary of the senate by noon of the day before the convening of the session at which said bill, joint resolution or joint memorial is to be introduced.
After the expiration of deadlines for bill introductions provided for by resolution, no bill shall be introduced, except as the legislature shall direct by a vote of two-thirds of all the members elected to each house, said vote to be taken by yeas and nays and entered upon the journal, or unless the same be at a special session. The time limitation for introduction of bills shall not apply to substitute bills reported by standing committees for bills pending before such committees and general appropriation and revenue bills. (See also Art. 2, Sec. 36, State Constitution.)
Rule 57. Bills introduced in the senate intended to amend existing statutes shall have the words which are amendatory to such existing statutes underlined. Any matter to be deleted from the existing statutes shall be indicated by setting such matter forth in full, enclosed by double parentheses, and such deleted matter
shall be lined out with hyphens. No bill shall be printed or acted upon until the provisions of this rule shall have been complied with.
Sections added by amendatory bill to an existing act, or chapter of the official code, need not be underlined but shall be designated "NEW SECTION" in upper case type and such designation shall be underlined. New enactments need not be underlined.
Joint Resolutions and Memorials
Rule 58. Joint resolutions and joint memorials, up to the signing thereof by the president of the senate, shall be subject to the rules governing the course of bills.
Senate Concurrent Resolutions
Rule 59. Concurrent resolutions shall be subject to the rules
governing the course of bills and may be adopted without a roll call. Concurrent resolutions authorizing investigations and authorizing the expenditure or allocation of any money must be adopted by roll call and the yeas and nays recorded in the journal. Concurrent resolutions are subject to final passage on the day of the first reading without regard to Senate Rule 62.
Rule 60. Committee bills introduced by a standing committee during a legislative session may be filed with the secretary of the senate and introduced, and the signature of each member of the committee shall be endorsed upon the cover of the original bill.
Committee bills shall be read the first time by title, ordered printed, and referred to the committee on rules for second reading.
Rule 61. When a motion is made to refer a subject, and different committees are proposed, the question shall be taken in the following order:
FIRST: A standing committee.
SECOND: A select committee.
Reading of Bills
Rule 62. Every bill shall be read on three separate days unless the senate deems it expedient to suspend this rule. On and after the tenth day preceding adjournment sine die of any session, or three days prior to any cut-off date for consideration of bills, as determined pursuant to Article 2, Section 12 of the Constitution or concurrent resolution, this rule may be suspended by a majority vote. (See also Rule 59).
Rule 63. The first reading of a bill shall be by title only, unless a majority of the members present demand a reading in full.
After the first reading, bills shall be referred to an appropriate committee pursuant to Rule 61.
Upon being reported back by committee, all bills shall be referred to the committee on rules for second reading, unless otherwise ordered by the senate. (See Rule 49.)
A bill shall be reported back by the committee chairman upon written petition therefor signed by a majority of its members. The petition shall designate the recommendation as provided in Rule 45, Sub. 4.
No committee chairman shall exercise a pocket veto of any bill.
Should there be a two-thirds majority report of the committee membership against the bill, a vote shall be immediately ordered for the indefinite postponement of the bill.
Rule 64. Upon second reading, the bill shall be read section by section, in full, and be subject to amendment.
Any member may, if sustained by three members, remove a bill from the consent calendar as constituted by the committee on rules. A bill removed from the consent calendar shall take its place as the last bill in the order of consideration of bills on the second reading calendar.
No amendment shall be considered by the senate until it shall have been sent to the secretary's desk in writing and read by the secretary.
All amendments adopted on the second reading shall then be securely fastened to the original bill.
All amendments rejected by the senate shall be spread upon the journal, and the journal shall show the disposition of all amendments.
When no further amendments shall be offered, the president shall declare the bill has passed its second reading, and shall be referred to the committee on rules for third reading.
Rule 65. Bills on third reading shall be read in full by sections, and no amendment shall be entertained.
When a bill shall pass, it shall be certified to by the secretary, together with the vote upon final passage, noting the day of its passage thereon.
The vote must be taken by yeas and nays, the names of the senators voting for and against the same to be entered upon the journal and the majority of the members elected to the senate must be recorded thereon as voting in its favor to secure its passage by the senate.
Scope and Object of Bill Not to be Changed
Rule 66. No amendment to any bill shall be allowed which shall change the scope and object of the bill. (See also Art. 2, Sec. 38, State Constitution.) Substitute bills shall be considered amendments for the purposes of this rule.
Matters Related to Disagreement Between the Senate and House
Rule 67. When there is a disagreement between the senate and house on a measure before the senate, the senate may act upon the measure with the following motions which have priority in the following order:
These motions are in order as to any single amendment or to a series of amendments. (See Reed's Rules 247 through 254.)
A senate bill, passed by the house with amendment or amendments which shall change the scope and object of the bill, upon being received in the senate, shall be referred to an appropriate committee and shall take the same course as for original bills, unless a motion to ask the house to recede, to insist or to adhere is made prior to the measure being referred to committee.
Bills Committed for Special Amendment
Rule 68. A bill may be committed with or without special instructions to amend at any time before taking the final vote.
Confirmation of Gubernatorial Appointees
Rule 69. When the names of appointees to state offices are transmitted to the Secretary of the Senate for senate confirmation, the communication from the governor shall be recorded and referred to the appropriate standing committee.
The standing committee, or subcommittee, pursuant to rule 42, shall require each appointee referred to the committee for consideration to complete the standard questionnaire to be used to ascertain the appointee's general background and qualifications. The committee may also require the appointee to complete a supplemental questionnaire related specifically to the qualifications for the position to which he has been appointed.
The standing committee, or subcommittees, pursuant to rule 42, shall hold a public hearing on the appointment. The appointee may be required to appear before the committee on request. When appearing, the appointee shall be required to testify under oath or affirmation. The chairman of the committee or the presiding member shall administer the oath or affirmation in accordance with RCW 44.16. (See also Article 2, Sec. 6 of the State Constitution.)
Nothing in this rule shall be construed to prevent a standing committee, or subcommittee, pursuant to rule 42, upon a two-thirds vote of its members, from holding executive sessions when considering an appointment.
When the committee on rules presents the report of the standing committee before the senate, the question shall be the confirmation of the name proposed, and the roll shall then be called and the yeas and nays entered upon the journal. In the event a message is received from the governor requesting return of an appointment or appointments to the office of the governor prior to confirmation, the senate shall vote upon the governor's request and the appointment or appointments shall be returned to the governor if the request is approved by a majority of the senators elected. (Article 13 of the State Constitution.)
Senators Jesernig and Newhouse spoke to Senate Resolution 1993-8602.
On motion of Senator Jesernig, the Senate returned to the fifth order of business.
INTRODUCTION AND FIRST READING
SCR 8401 by Senators Gaspard, Jesernig, Snyder, Sellar, Newhouse and Anderson
Establishing legislative cut-off dates.
WHEREAS, It is of paramount importance to establish cutoff dates for the consideration of legislation during the 1993 Regular Session of the Fifty-Third Legislature;
NOW, THEREFORE, BE IT RESOLVED, By the Senate of the state of Washington, the House of Representatives concurring, That the following cutoff dates apply to all bills, memorials, and joint resolutions with the exception of budgets, matters necessary to implement budgets, initiatives to the legislature, and alternatives to initiatives to the legislature;
(1) Wednesday, March 3, 1993, the fifty-second day, will be the final day to read in committee reports in the house of origin with the exception of reports from the Senate Ways and Means and House fiscal committees;
(2) Monday, March 8, 1993, the fifty-seventh day, will be the final day to read in Senate Ways and Means and House fiscal committee reports in the house of origin;
(3) Wednesday, March 17, 1993, the sixty-sixth day, at 5:00 p.m., will be the final time to consider bills in their house of origin;
(4) Friday, April 2, 1993, the eighty-second day, will be the final day to read in committee reports on bills from the opposite house with the exception of reports from the Senate Ways and Means and House fiscal committees;
(5) Monday, April 5, 1993, the eighty-fifth day, will be the final day to read in Senate Ways and Means and House fiscal committee reports on bills from the opposite house; and
BE IT FURTHER RESOLVED, That after 5:00 p.m. on Friday, April 16, 1993, the ninety-sixth day, neither house may consider any bills, memorials, or joint resolutions except initiatives to the legislature and alternatives to such initiatives, messages pertaining to amendments, matters of differences between the two houses, conference and free conference reports, and matters incident to the interim and to the closing of the business of the 1993 Regular Session of the Legislature.
On motion of Senator Jesernig, the rules were suspended, Senate Concurrent Resolution No. 8401 was advanced to second reading and read the second time.
On motion of Senator Jesernig, the rules were suspended, Senate Concurrent Resolution No. 8401 was advanced to third reading, the second reading considered the third and the concurrent resolution was adopted.
Senator McCaslin: "A point of personal privilege, Mr. President. As explained by Senator West, yesterday, to the new members of this august body, I think we have a couple of Senators that made their maiden speeches today. One being, Senator Spanel--that was your maiden speech--and also Senator Prince made his maiden speech today. May I remind them that cigars, cigarettes and booze are not acceptable. However, chocolates, candy, cake, etc. will be accepted by the members, especially us thin ones."
At 11:32 a.m., on motion of Senator Jesernig, the Senate adjourned until 12:00 noon, Friday, January 15, 1993.
JOEL PRITCHARD, President of the Senate
MARTY BROWN, Secretary of the Senate