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TENTH DAY
__________
MORNING SESSION
__________
House Chamber, Olympia, Wednesday, January 18, 1995
The House was called to order at 10:00 a.m. by the Speaker. The Clerk called the roll and a quorum was present.
The flag was escorted to the rostrum by a Sergeant at Arms Color Guard, Pages Tim Winterstein and Diane Woolson. Prayer was offered by Representative Carlson.
Reading of the Journal of the previous day was dispensed with and it was ordered to stand approved.
There being no objection, the House advanced to the fourth order of business.
INTRODUCTIONS AND FIRST READINGS
HB 1213 by Representatives Brumsickle, Grant, Cody, Basich and McMahan
AN ACT relating to training of emergency service medical personnel; amending RCW 18.71.210 and 18.71.215; and declaring an emergency.
Held on first reading from 1/17/95.
Referred to Committee on Health Care.
HB 1215 by Representatives Clements, Chandler, Lisk, McMorris, Mastin, Schoesler, Koster, Chappell, Delvin, Honeyford, Robertson, Elliot, Kremen, Johnson, Stevens, Thompson, Backlund, Mulliken, Sheahan, and L. Thomas
AN ACT relating to rule making by the departments of ecology and agriculture; amending RCW 34.05.360, 34.05.345, 34.05.350, 18.104.040, 19.27.097, 43.21A.080, 43.21C.110, 43.21A.090, 43.37.030, 43.83B.420, 43.200.070, 43.200.080, 70.93.040, 70.93.090, 70.94.410, 70.94.457, 70.94.470, 70.94.477, 70.94.715, 70.95.260, 70.95D.080, 70.105.040, 70.107.060, 70.120.120, 76.09.040, 86.16.061, 90.14.230, 90.22.020, 90.48.220, 90.48.230, 90.54.050, 90.56.050, 90.58.200, 90.62.110, 90.70.080, 15.04.020, 15.13.260, 15.13.280, 15.13.460, 15.14.020, 15.17.030, 15.17.120, 15.17.920, 15.36.012, 15.36.021, 15.49.005, 15.49.081, 15.48.310, 15.49.930, 15.53.9012, 15.54.800, 15.58.040, 15.60.025, 15.76.180, 15.80.410, 15.83.100, 15.85.040, 15.86.060, 16.49.680, 16.49A.640, 16.49A.650, 16.57.080, 16.57.090, 16.57.140, 16.57.220, 16.57.400, 16.57.410, 16.58.030, 16.58.050, 16.58.130, 16.65.020, 16.65.030, 16.65.090, 16.68.170, 16.74.590, 17.10.074, 17.10.260, 17.21.040, 17.24.021, 20.01.020, 22.09.011, 22.09.020, 22.09.040, 22.09.045, 69.04.398, 69.04.761, 69.07.070, 69.25.030, and 69.25.040; reenacting and amending RCW 70.105D.030 and 16.57.220; adding a new section to chapter 43.21A RCW; adding a new section to chapter 43.23 RCW; adding a new section to chapter 43.21C RCW; adding a new section to chapter 70.94 RCW; adding a new section to chapter 70.95B RCW; adding a new section to chapter 70.95C RCW; adding a new section to chapter 70.95E RCW; adding a new section to chapter 70.95F RCW; adding a new section to 70.95I RCW; adding a new section to chapter 70.95J RCW; adding a new section to chapter 89.16 RCW; adding a new section to chapter 90.03 RCW; adding a new section to chapter 90.42 RCW; adding a new section to chapter 90.54 RCW; adding a new section to chapter 15.60 RCW; adding a new section to chapter 16.36 RCW; adding a new section to chapter 19.94 RCW; adding a new section to chapter 19.112 RCW; adding a new section to chapter 34.05 RCW; creating new sections; providing an effective date; and providing an expiration date.
Held on first reading from 1/17/95.
Referred to the Committee on Agriculture & Ecology.
HB 1221 by Representatives Johnson, Buck, Cairnes, Hatfield, Chappell and Sheldon
AN ACT Relating to log trucks and pole trailers; and amending RCW 46.44.030.
Referred to Committee on Transportation.
HB 1222 by Representatives Honeyford, Grant, Hankins, Sheldon, Foreman, Carlson, Thompson, Mulliken, Fuhrman, Mielke, Johnson, Van Luven, D. Schmidt, Pelesky, Hargrove, Goldsmith, Buck, Clements, Huff, Beeksma, Schoesler, Hymes, McMahan, Boldt, Sheahan, Koster, Kremen, Scott, Sherstad, Costa, Smith and Basich
AN ACT Relating to counties that plan under the growth management act; and amending RCW 36.70A.040.
Referred to Committee on Government Operations.
HB 1223 by Representatives Brumsickle, Cole, B. Thomas, Silver and Carlson; by request of Board of Education and Superintendent of Public Instruction
AN ACT Relating to the state board of education office staff; and amending RCW 28A.305.110.
Referred to Committee on Education.
HB 1224 by Representatives Brumsickle, Cole, Silver and Carlson; by request of Board of Education and Superintendent of Public Instruction
AN ACT Relating to educational waivers; and adding a new section to chapter 28A.630 RCW.
Referred to Committee on Education.
HB 1225 by Representatives K. Schmidt, R. Fisher, Johnson and Scott; by request of Department of Licensing
AN ACT Relating to licenses; amending RCW 46.12.030, 82.08.0287, 35A.82.010, 47.02.160, 47.10.793, 47.10.804, 47.10.815, 47.10.822, 47.10.829, 47.26.424, 47.26.4252, 47.26.4254, 47.26.504, 47.56.749, 47.56.750, 47.56.771, 47.60.580, 47.60.806, 82.36.010, 82.38.120, 82.38.140, 82.38.150, 82.38.170, 82.38.260, and 82.41.040; and repealing RCW 82.37.010, 82.37.020, 82.37.030, 82.37.040, 82.37.050, 82.37.060, 82.37.070, 82.37.080, 82.37.090, 82.37.100, 82.37.110, 82.37.120, 82.37.130, 82.37.140, 82.37.145, 82.37.150, 82.37.160, 82.37.170, 82.37.175, 82.37.180, 82.37.190, 82.37.900, 82.37.910, and 82.37.920.
Referred to Committee on Transportation.
HB 1226 by Representatives Buck, Basich, Fuhrman and Kessler; by request of Department of Fish and Wildlife
AN ACT Relating to salmon charter licenses; and amending RCW 75.28.095.
Referred to Committee on Natural Resources.
HB 1227 by Representatives Buck, Basich, Fuhrman and Kessler; by request of Department of Fish and Wildlife
AN ACT Relating to recovery of moneys pursuant to forfeitures or court-ordered restitution; amending RCW 75.08.230, 75.10.030, 77.12.170, and 77.21.010; and creating a new section.
Referred to Committee on Natural Resources.
HB 1228 by Representatives L. Thomas, Basich and Fuhrman; by request of Department of Fish and Wildlife
AN ACT Relating to game fish catch record cards; and amending RCW 77.32.050, 77.32.060, 77.32.070, 77.32.090, 77.32.250, 77.32.256, and 77.32.360.
Referred to Committee on Natural Resources.
HB 1229 by Representatives Sheahan and Appelwick
AN ACT Relating to public employment; amending RCW 2.10.146, 41.26.460, 41.32.530, 41.32.785, 41.40.188, and 41.40.660; and adding a new section to chapter 41.50 RCW.
Referred to Committee on Law and Justice.
HB 1230 by Representatives Brumsickle, Cole, Silver and Scott; by request of Board of Education
AN ACT Relating to teacher preparation; amending RCW 28A.410.030 and 28A.305.130; and repealing RCW 28A.305.230, 28A.305.240, 28A.305.245, 28A.305.250, 28A.410.020, 28A.415.290, and 28B.40.380.
Referred to Committee on Education.
HB 1231 by Representatives Rust, Chandler, Valle, Cole, Mastin and Chopp
AN ACT Relating to promoting the recycled content of products and buildings; amending RCW 43.19A.020, 43.19A.030, 43.19A.050, 43.78.170, 43.19A.090, 43.19A.100, 47.28.220, and 43.19A.110; and adding new sections to chapter 39.04 RCW.
Referred to Committee on Agriculture & Ecology.
HB 1232 by Representatives Reams, R. Fisher, Wolfe, Scott and Basich; by request of Secretary of State
AN ACT Relating to the order of candidates on ballots; amending RCW 29.30.025; and repealing RCW 29.30.040.
Referred to Committee on Government Operations.
HB 1233 by Representatives L. Thomas, R. Fisher and Wolfe; by request of Secretary of State
AN ACT Relating to canvassing of election returns; amending RCW 29.62.020 and 29.62.030; and adding a new section to chapter 29.62 RCW.
Referred to Committee on Government Operations.
HB 1234 by Representatives Hymes, Reams, Rust, Wolfe, Honeyford, L. Thomas, Horn, Costa and Kessler; by request of Office of Marine Safety
AN ACT Relating to regulatory reform using incentives for vessel owners and operators to reduce the risk of oil spills; adding a new section to chapter 88.46 RCW; and adding a new section to chapter 88.40 RCW.
Referred to Committee on Government Operations.
HB 1235 by Representatives R. Fisher, K. Schmidt and Scott
AN ACT Relating to siting of transportation facilities; adding a new section to chapter 47.80 RCW; adding new sections to chapter 47.06 RCW; and adding a new chapter to Title 47 RCW.
Referred to Committee on Transportation.
HB 1236 by Representatives Reams, R. Fisher, Talcott, Thompson, D. Schmidt, Huff, Scott, Regala, Costa, Robertson and Conway; by request of Secretary of State
AN ACT Relating to processing of incoming absentee ballots; and amending RCW 29.36.060.
Referred to Committee on Government Operations.
HB 1237 by Representatives Padden, Foreman, Honeyford, Chandler, Mielke, Johnson, Blanton, Goldsmith, Clements, Hickel, Dyer, Backlund, Schoesler, McMahan, Boldt, Sheahan, Koster, Sherstad and Smith
AN ACT Relating to indigent persons; amending RCW 13.40.145; and adding new sections to chapter 10.73 RCW.
Referred to Committee on Law and Justice.
HB 1238 by Representatives Honeyford, Ogden, Carlson and Sherstad; by request of Community, Trade, and Economic Development and Public Works Board
AN ACT Relating to appropriations for projects recommended by the public works board; creating new sections; making an appropriation; and declaring an emergency.
Referred to Committee on Capital Budget.
HB 1239 by Representatives Romero, Costa, Quall, Kessler, Campbell, Ebersole, Fuhrman, Brown, Hatfield, Wolfe, Conway, Kremen and Chopp
AN ACT Relating to state budgeting; amending RCW 43.88.140; adding new sections to chapter 43.88 RCW; and creating a new section.
Referred to Committee on Appropriations.
HB 1240 by Representatives Romero, Quall, Kessler, Costa, Campbell, Thompson, Kremen, Morris and Basich
AN ACT Relating to valuation for property tax purposes; adding new sections to chapter 84.40 RCW; creating a new section; and providing a contingent effective date.
Referred to Committee on Finance.
HB 1241 by Representatives Crouse, Casada, Dellwo, Chappell, Schoesler, Honeyford, Hymes, Sherstad, Backlund, Mastin, Benton, Campbell and Kremen
AN ACT Relating to waivers of electric and gas utility connection charges; amending RCW 35.41.080, 54.24.080, 80.28.080, and 80.28.100; adding a new section to chapter 35.21 RCW; and adding a new section to chapter 80.28 RCW.
Referred to Committee on Energy & Utilities.
HB 1242 by Representatives Sommers, McMorris, Thibaudeau, Wolfe, Patterson, Mitchell, Regala, Kessler and Valle
AN ACT Relating to services for public assistance recipients; amending RCW 74.25.020 and 74.12.420; adding new sections to chapter 74.25 RCW; creating a new section; providing an effective date; and declaring an emergency.
Referred to Committee on Children & Family Services.
HB 1243 by Representatives Brumsickle, Morris, Pennington, Chappell, Fuhrman, Foreman, Carlson, Sheldon, Poulsen, Kremen and Basich
AN ACT Relating to the Washington state horse park; amending RCW 41.06.070 and 43.19.190; adding a new section to chapter 41.04 RCW; adding a new section to chapter 41.05 RCW; adding a new section to chapter 41.40 RCW; adding a new section to chapter 43.01 RCW; adding a new chapter to Title 67 RCW; and creating a new section.
Referred to Committee on Natural Resources.
HB 1244 by Representatives Brumsickle, Chappell, B. Thomas, Elliot, Campbell, Quall and Thompson
AN ACT Relating to disciplining students for firearm possession at school; and amending RCW 9.41.280.
Referred to Committee on Education.
HB 1245 by Representatives Sheldon, Van Luven, Ballasiotes, Backlund, Hatfield, Schoesler, Conway, D. Schmidt, Sherstad, Radcliff, Wolfe, Morris, Kessler and Basich
AN ACT Relating to the business assistance center; and amending RCW 43.31.091 and 43.31.092.
Referred to Committee on Trade & Economic Development.
HB 1246 by Representatives Kremen, Goldsmith, Mastin, Kessler, Van Luven, Dyer, Sheldon, Hymes, Quall, Basich, Morris, Chandler, Backlund, Talcott and Sheahan
AN ACT Relating to the regulation of private school buses; amending RCW 46.32.010 and 46.37.193; adding a new section to chapter 46.04 RCW; and adding a new section to chapter 46.37 RCW.
Referred to Committee on Transportation.
HB 1247 by Representatives L. Thomas, Lisk, G. Fisher, Robertson, Casada, Basich, Clements, Ebersole, Horn, Boldt, Mason, B. Thomas, Cairnes, Radcliff, Foreman, Cooke, Chandler, Mielke, Dyer, Mitchell, Schoesler, Skinner, Appelwick, Sheldon, Costa and Morris
AN ACT Relating to Washington thoroughbred racing; amending RCW 67.16.105; creating new sections; and declaring an emergency.
Referred to Committee on Commerce & Labor.
HB 1248 by Representatives Van Luven, G. Fisher, Boldt, Carrell, Campbell, Mason, Ebersole, B. Thomas, Cairnes, Radcliff, Cooke, Chandler, Mielke, Ballasiotes, Robertson, Mitchell, Schoesler, Appelwick, Sheldon, Costa, Morris, Basich and Conway
AN ACT Relating to tax deferrals for a new thoroughbred race track facility; and adding a new chapter to Title 82 RCW.
Referred to Committee on Trade & Economic Development.
HB 1249 by Representatives Brumsickle and Cole; by request of Office of Financial Management and Superintendent of Public Instruction
AN ACT Relating to changing timelines for essential academic learning requirement assessments; amending RCW 28A.630.885; amending 1992 c 141 s 203 (uncodified); and providing an expiration date.
Referred to Committee on Education.
HB 1250 by Representatives Cole, Cody, Conway, Basich, Scott, Costa and Chopp
AN ACT Relating to prompt payment of industrial insurance awards; amending RCW 51.32.200; creating a new section; and prescribing penalties.
Referred to Committee on Commerce & Labor.
HB 1251 by Representatives Backlund, L. Thomas, Lisk, Mastin, McMorris, Sheldon, Basich, Hatfield, Fuhrman, Chandler, Elliot, Johnson, Hargrove, Clements, Hickel, Huff, Beeksma, Schoesler, Hymes, Boldt, Sheahan, Sherstad and Morris
AN ACT Relating to standing to appeal actions taken under the state environmental policy act; amending RCW 43.21C.075; and creating a new section.
Referred to Committee on Government Operations.
HB 1252 by Representatives Van Luven, Campbell, Mulliken, Sheldon, Horn, Johnson, Schoesler, Crouse, Foreman, Cooke, Thompson, Chandler, Fuhrman, Mielke, D. Schmidt, Hargrove, Mitchell, Skinner, Hymes, Boldt, Sheahan, Kremen and Sherstad
AN ACT Relating to coin-operated laundry facilities; and amending RCW 82.04.050.
Referred to Committee on Trade & Economic Development.
HB 1253 by Representatives Van Luven, Campbell, Mulliken, Sheldon, Horn, Pennington, Johnson, Schoesler, Crouse, Radcliff, Foreman, Cooke, Carlson, Thompson, Chandler, Elliot, Fuhrman, Mielke, D. Schmidt, Ballasiotes, Pelesky, Goldsmith, Clements, Dyer, Mitchell, Backlund, Beeksma, Benton, Hymes, McMahan, Kremen, Scott, Sherstad, Smith and Lisk
AN ACT Relating to business and occupation taxes; and amending RCW 82.04.050.
Referred to Committee on Trade & Economic Development.
HB 1254 by Representatives Johnson, Sheldon, Campbell, Foreman, Thompson, Hickel, Beeksma and Basich
AN ACT Relating to relocation assistance; and amending RCW 59.18.440 and 82.02.020.
Referred to Committee on Government Operations.
HB 1255 by Representatives Padden, Appelwick, Ballasiotes, Carrell, Campbell, Ebersole, Cooke, Honeyford, Thompson, Elliot, Johnson, Goldsmith, Clements, Hickel, Dyer, Robertson, Mitchell, Schoesler, Wolfe, Benton, Romero, Cody, Sheahan, Ogden, Scott, Sherstad, Regala, Costa, Patterson, Kessler, Casada, Basich and Conway
AN ACT Relating to juveniles; amending RCW 13.04.030, 13.40.040, 13.40.050, 13.40.130, 28A.225.020, 28A.225.030, 28A.225.150, 74.13.032, 13.32A.030, 13.32A.130, 70.96A.140, 71.34.030, 71.34.050, 71.34.070, 13.40.320, 13.40.185, 13.40.160, 13.40.210, 13.40.025, 13.40.027, 13.40.030, 9A.04.050, 13.40.060, and 13.40.0357; reenacting and amending RCW 13.40.020; adding a new section to chapter 28A.225 RCW; creating a new section; and prescribing penalties.
Referred to Committee on Law and Justice.
HB 1256 by Representatives Schoesler, Sheldon, Thompson, Johnson, Clements, Hickel, Huff, Boldt, Sheahan and Basich
AN ACT Relating to the regulation of residential landlord-tenant duties; and adding a new section to chapter 59.18 RCW.
Referred to Committee on Law and Justice.
HB 1257 by Representatives Padden, Sheldon, Schoesler, Johnson, Pennington, Crouse and Mulliken
AN ACT Relating to the statute of limitations for negotiable instruments; and amending RCW 62A.3-118.
Referred to Committee on Law and Justice.
HB 1258 by Representatives B. Thomas, Horn, Ebersole, Thompson, Fuhrman, Mielke, Johnson, Van Luven, Pelesky, Hickel, Huff, Dyer, Robertson, Mitchell, L. Thomas, Beeksma, Schoesler, Carrell, McMahan, Boldt, Talcott, Smith and Sehlin
AN ACT Relating to apportionment of taxable income of investment management companies; amending RCW 82.04.460; providing an effective date; and declaring an emergency.
Referred to Committee on Finance.
HB 1259 by Representatives Lisk and Horn
AN ACT Relating to limiting administration and enforcement of chapter 49.78 RCW; and adding a new section to chapter 49.78 RCW.
Referred to Committee on Commerce & Labor.
HJR 4204 by Representatives Romero, Quall, Kessler, Costa, Campbell, Kremen, Morris and Basich
Amending the Constitution to authorize the legislature to provide methods of limiting increases in taxation of real estate.
Referred to Committee on Finance.
MOTION
On motion of Representative Foreman, the bills and resolution listed on today's introduction sheet under the fourth order of business were referred to the committees so designated.
Representative Appelwick: Thank you, Mr. Speaker. Again on today's introduction sheet there are two bills; House Bill No. 1213 and House Bill No. 1215 which appear destined for committees that historically they would not have gone to. The first bill is a liability bill. Again, for the past eighteen or more years, those bills have been handled in the Law & Justice Committee. And the second bill is a matter of administrative procedure and rule making and all of the bills of similar like this year are in the Government Operations Committee and have been in the past. It appears to me that they are miss-referred. And I'm wondering if you can explain or give us guidance if they'll be referred to the committees that they have historically been within the jurisdiction of.
Representative Appelwick, the Speaker understands your Point of Order to relate to House Rule 10 (A) which provides in pertinent part," After the first reading the bill shall be referred to an appropriate committee."
While the Speaker does not deny that the Committee on Law & Justice would be an appropriate committee to hear House Bill No. 1213, and the bill may very well be re-referred to that committee after it is considered by the Health Care Committee, The Speaker Rules that the Committee on Health Care is "an appropriate Committee" to receive House Bill No. 1213 which deals with the training of emergency service medical personnel and possible liability issues surrounding that training.
In a similar fashion the Speaker Rules that the committee on Agriculture & Ecology is an "appropriate committee" to receive House Bill No. 1215 which deals with new procedures for adopting rules for the departments of Agriculture & Ecology. The fact that the Committee on Governmental Operations may also have an interest and expertise in regulatory reform may well give rise to a re-referral of this measure after its consideration by the Agriculture & Ecology committee but it does not mean that Agriculture & Ecology should be precluded from receiving the legislation.
Your Point of Order is not well taken.
There being no objection, the House advanced to the fifth order of business.
REPORTS OF STANDING COMMITTEES
January 17, 1995
HB 1014 Prime Sponsor, Representative Padden: Correcting obsolete references to the department of community development and the department of trade and economic development. Reported by Committee on Law and Justice
MAJORITY recommendation: Do pass with the following amendment.
On page 74, line 28 after "committee" strike everything through "housing" and insert "((on trade, economic development, and housing))"
On page 74, line 29 after "representatives" insert "that deals with issues of economic development"
On page 74, line 30 after "committee" strike everything through "development" on line 31 and insert "((on trade, technology, and economic development))"
On page 74, line 31 after "senate" insert "that deals with issues of economic development"
Signed by Representatives Padden, Chairman; Delvin, Vice Chairman; Hickel, Vice Chairman; Costa, Assistant Ranking Minority Member; Carrell; Chappell; Cody; Lambert; McMahan; Morris; Robertson; Sheahan; Smith and Veloria.
Voting Yea: Representatives Appelwick, Carrell, Chappell, Cody, Costa, Delvin, Hickel, Lambert, McMahan, Morris, Padden, Robertson, Sheahan, Smith, and Veloria.
Passed to Committee on Rules for second reading.
January 17, 1995
HB 1015 Prime Sponsor, Representative Padden: Correcting double amendments from the 1994 legislative sessions. Reported by Committee on Law and Justice
MAJORITY recommendation: Do pass. Signed by Representatives Padden, Chairman; Delvin, Vice Chairman; Hickel, Vice Chairman; Costa, Assistant Ranking Minority Member; Carrell; Chappell; Cody; Lambert; McMahan; Morris; Robertson; Sheahan; Smith and Veloria.
Voting Yea: Representatives Carrell, Chappell, Cody, Costa, Delvin, Hickel, Lambert, McMahan, Morris, Padden, Robertson, Sheahan, Smith, and Veloria.
Excused: Representative Appelwick.
Passed to Committee on Rules for second reading.
January 17, 1995
HB 1018 Prime Sponsor, Representative Padden: Amending the Washington uniform limited partnership act. Reported by Committee on Law and Justice
MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Padden, Chairman; Delvin, Vice Chairman; Hickel, Vice Chairman; Costa, Assistant Ranking Minority Member; Carrell; Chappell; Cody; Lambert; McMahan; Morris; Robertson; Sheahan; Smith and Veloria.
Voting Yea: Representatives Carrell, Chappell, Cody, Costa, Delvin, Hickel, Lambert, McMahan, Morris, Padden, Robertson, Sheahan, Smith, Veloria.
Excused: Representative Appelwick.
Passed to Committee on Rules for second reading.
January 17, 1995
HB 1032 Prime Sponsor, Representative Padden: Revising the procedure for issuing orders under the administrative procedure act. Reported by Committee on Law and Justice
MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Padden, Chairman; Delvin, Vice Chairman; Hickel, Vice Chairman; Costa, Assistant Ranking Minority Member; Carrell; Chappell; Cody; Lambert; McMahan; Morris; Robertson; Sheahan; Smith and Veloria.
Voting Yea: Representatives Carrell, Chappell, Cody, Costa, Delvin, Hickel, Lambert, McMahan, Morris, Padden, Robertson, Sheahan, Smith, and Veloria.
Excused: Representative Appelwick.
Passed to Committee on Rules for second reading.
MOTIONS
On motion of Representative Foreman, the bills listed on today's committee report under the fifth order of business were referred to the committees so designated.
On motion of Representative Foreman, the advanced to the eighth order of business.
On motion of Representative Foreman, House Bill No. 1148 was re-referred from the Committee on Health Care to the Committee on Law & Justice.
The Speaker declared the House to be at ease.
The Speaker (Representative Horn presiding) called the House to order.
RESOLUTION
HOUSE RESOLUTION NO. 95-4604, by Representatives Foreman and Ebersole
BE IT RESOLVED, That the House of Representatives Rules Committee shall meet no later than Monday, January 16, 1995, the eighth legislative day, to consider and make recommendations on permanent rules for the House of Representatives; and
BE IT FURTHER RESOLVED, That no later than Friday, January 20, 1995, the twelfth legislative day, the House of Representatives shall meet to consider adoption of permanent rules for the Fifty-fourth Legislature; and
BE IT FURTHER RESOLVED, That permanent House Rules for the Fifty-fourth Legislature be adopted as follows:
PERMANENT RULES OF THE HOUSE OF REPRESENTATIVES
FIFTY-FOURTH LEGISLATURE
1995-1996
HOUSE RULE NO.
Rule 1 Definitions
Rule 2 Chief Clerk to Call to Order
Rule 3 Election of Officers
Rule 4 Powers and Duties of the Speaker
Rule 5 Chief Clerk
Rule 6 Duties of Employees
Rule 7 Admission to the House
Rule 8 Absentees and Courtesy
Rule 9 Bills, Memorials and Resolutions - Introductions
Rule 10 Reading of Bills
Rule 11 Amendments
Rule 12 Final Passage
Rule 13 Hour of Meeting, Roll Call and Quorum
Rule 14 Daily Calendar and Order of Business
Rule 15 Motions
Rule 16 Members Right to Debate
Rule 17 Rules of Debate
Rule 18 Ending of Debate - Previous Question
Rule 19 Voting
Rule 20 Reconsideration
Rule 21 Call of the House
Rule 22 Appeal from Decision of Chairman
Rule 23 Standing Committees
Rule 24 Duties of Committees
Rule 25 Standing Committees - Expenses - Subpoena Power
Rule 26 Vetoed Bills
Rule 27 Suspension of Compensation
Rule 28 Smoking
Rule 29 Parliamentary Rules
Rule 30 Standing Rules Amendment
Rule 31 Rules to Apply for Assembly
Rule 32 Legislative Mailings
Definitions
Rule 1. "Absent" means an unexcused failure to attend.
"Term" means the two-year term during which the members as a body may act.
"Session" means a constitutional gathering of the house in accordance with Article 2 § 12 of the state Constitution.
"Committee" means any standing, conference, joint, subcommittee, or select committee as so designated by rule or resolution.
"Bill" means bill, joint memorial, joint resolution, or concurrent resolution unless the context indicates otherwise.
Chief Clerk to Call to Order
Rule 2. It shall be the duty of the chief clerk of the previous term to call the house to order and to conduct the proceedings until a speaker is chosen.
Election of Officers
Rule 3. The house shall elect the following officers at the commencement of each term: Its presiding officer, who shall be styled speaker of the house; a speaker pro tempore, who shall serve in absence or in case of the inability of the speaker; and a chief clerk of the house. Such officers shall hold office during all sessions until the convening of the succeeding term: PROVIDED, HOWEVER, That any of these offices may be declared vacant by the vote of a constitutional majority of the house, the members voting viva voce and their votes shall be entered on the journal. If any office is declared vacant, the house shall fill such vacant office as hereinafter provided. In all elections by the house a constitutional majority shall be required, the members shall vote viva voce and their votes shall be entered on the journal. (Art. II § 27)
Powers and Duties of the Speaker
Rule 4. The speaker shall have the following powers and duties:
(A) The speaker shall take the chair and call the house 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 and shall proceed with the order of business.
(B) The speaker shall preserve order and decorum, and in case of any disturbance or disorderly conduct within the chamber or legislative area, shall order the sergeant at arms to suppress the same and may order the sergeant at arms to remove any person creating any disturbance within the house chamber or legislative area.
(C) The speaker may speak to points of order in preference to other members, arising from the seat for that purpose, and shall decide all questions of order subject to an appeal to the house by any member, on which appeal no member shall speak more than once without leave of the house.
(D) The speaker shall sign all bills in open session. (Art. II § 32)
(E) The speaker shall sign all writs, warrants and subpoenas issued by order of the house, all of which shall be attested to by the chief clerk.
(F) The speaker shall have the right to name any member to perform the duties of the chairman, but such substitution shall neither extend beyond adjournment nor authorize the representative so substituted to sign any documents requiring the signature of the speaker.
(G) The speaker, in open session, shall appoint committee chairman from the majority party of the house and shall appoint members to committees in the same ratio as the membership of the respective parties of the house, unless otherwise provided by law or house rules.
(H) The speaker shall serve as chairman of the rules committee.
(I) The speaker shall have charge of and see that all officers, attaches and clerks perform their respective duties.
(J) The speaker pro tempore shall exercise the duties, powers and prerogatives of the speaker in the event of the speaker's death, illness, removal or inability to act until the speaker's successor shall be elected.
Chief Clerk
Rule 5. The chief clerk shall perform the usual duties pertaining to the office, and shall hold office until a successor has been elected.
The chief clerk shall employ, upon the recommendation of the employment committee and subject to the approval of the speaker, all other house employees; the hours of duty and assignments of all house employees shall be under the chief clerk's directions and instructions, and they may be dismissed by the chief clerk with the approval of the speaker. The speaker shall sign and the chief clerk shall countersign all payrolls and vouchers for all expenses of the house and appropriately transmit the same. In the event of the chief clerk's death, illness, removal or inability to act, the speaker may appoint an acting chief clerk who shall exercise the duties and powers of the chief clerk until the chief clerk's successor shall be elected.
Duties of Employees
Rule 6. Employees of the house shall perform such duties as are assigned to them by the chief clerk. Under no circumstances shall the compensation of any employee be increased for past services. No house employee shall seek to influence the passage or rejection of proposed legislation.
Admission to the House
Rule 7. It shall be the general policy of the house to keep the chamber clear as follows:
(A) The sergeant at arms shall admit only the following individuals to the wings and adjacent areas of the house chamber for the period of time beginning one-half hour prior to convening and ending one-half hour following the adjournment of the house's daily session:
The governor or designees, or both;
Members of the senate;
State elected officials;
Officers and authorized employees of the legislature;
Former members of the house who are not advocating any pending or proposed legislation;
Representatives of the press;
Other persons with the consent of the speaker.
(B) Only members, pages, sergeants at arms and clerks are permitted on the floor while the house is in session.
(C) Lobbying in the house chamber or in any committee room or lounge room is prohibited when the house or committee is in session unless expressly permitted by the house or committee. Anyone violating this rule will forfeit his or her right to be admitted to the house chamber or any of its committee rooms.
Absentees and Courtesy
Rule 8. No member shall be absent from the service of the house without leave from the speaker. When the house is in session, only the speaker shall recognize visitors and former members.
Bills, Memorials and Resolutions - Introductions
Rule 9. Any member desiring to introduce a bill shall file the same with the chief clerk. Bills filed by 10:00 a.m. shall be introduced at the next daily session, in the order filed: PROVIDED, That if such introduction is within the last ten days of a regular session, it cannot be considered without a direct vote of two-thirds (2/3) of all the members elected to each house with such vote recorded and entered upon the journal. (Art. II § 36)
Any member or member-elect may prefile a bill with the chief clerk commencing twenty (20) days before any session. Prefiled bills shall be introduced on the first legislative day.
All bills shall be endorsed with a statement of the title and the name of the member or members introducing the same. The chief clerk shall attach to all bills a substantial cover bearing the title and sponsors and shall number each bill in the order filed. All bills shall be printed unless otherwise ordered by the house.
Any bill introduced at any session during the term shall be eligible for action at all subsequent sessions during the term.
Reading of Bills
Rule 10. Every bill shall be read on three separate days: PROVIDED, That this rule may be temporarily suspended at any time by a two-thirds (2/3) vote of the members present; and that on and after the fifth day prior to the day of adjournment sine die of any session, as determined pursuant to Article II, Section 12 of the state Constitution or concurrent resolution, or on and after the third day prior to the day a bill must be reported from the house as established by concurrent resolution, this rule may be suspended by a majority vote.
(A) FIRST READING. 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 the bill shall be referred to an appropriate committee.
Upon being reported out of committee, all bills shall be referred to the rules committee, unless otherwise ordered by the house.
The rules committee may, by majority vote, refer any bill in its possession to a committee for further consideration. Such referral shall be reported to the house and entered in the journal under the fifth order of business.
(B) SECOND READING. Upon second reading, the bill number and short title and the last line of the bill shall be read unless a majority of the members present shall demand its reading in full. The bill shall be subject to amendment section by section. No amendment shall be considered by the house until it has been sent to the chief clerk's desk in writing, distributed to the desk of each member and read by the clerk. All amendments adopted during second reading shall be securely fastened to the original bill. All amendments rejected by the house shall be passed to the minute clerk, and the journal shall show the disposition of such amendments.
When no further amendments shall be offered, the speaker shall declare the bill has passed its second reading.
(C) SUBSTITUTE BILLS. 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 the first time and have the same printed. A motion for the substitution shall not be in order until the second reading of the original bill.
(D) THIRD READING. Only the last line of bills shall be read on third reading unless a majority of the members present demand a reading in full. No amendments to a bill shall be received on third reading but it may be referred or recommitted for the purpose of amendment.
(E) SUSPENSION CALENDAR. Bills may be placed on the second reading suspension calendar by the rules committee if at least two minority party members of the rules committee join in such motion. Bills on the second reading suspension calendar shall not be subject to amendment or substitution except as recommended in the committee report. When a bill is before the house on the suspension calendar, the question shall be to adopt the committee recommendations and advance the bill to third reading. If the question fails to receive a two-thirds vote of the members present, the bill shall be referred to the rules committee for second reading.
(F) HOUSE RESOLUTIONS. House resolutions shall be filed with the chief clerk who shall transmit them to the rules committee. If a rules committee meeting is not scheduled to occur prior to a time necessitated by the purpose of a house resolution, the majority leader and minority leader by agreement may waive transmission to the rules committee to permit consideration of the resolution by the house. The rules committee may adopt house resolutions by a sixty percent majority vote of its entire membership or may, by a majority vote of its members, place them on the motions calendar for consideration by the house.
(G) CONCURRENT RESOLUTIONS. Reading of concurrent resolutions may be advanced by majority vote.
Amendments
Rule 11. The right of any member to offer amendments to proposed legislation shall not be limited except as provided in Rule 10(E) and as follows:
(A) AMENDMENTS TO BE OFFERED IN PROPER FORM. The chief clerk shall establish the proper form for amendments and all amendments offered shall bear the name of the member who offers the same, as well as the number and section of the bill to be amended.
(B) COMMITTEE AMENDMENTS. When a bill is before the house on second reading, amendments adopted by committees and recommended to the house shall be acted upon by the house before any amendments that may be offered from the floor.
(C) SENATE AMENDMENTS TO HOUSE BILLS. A house bill, passed by the senate with amendment or amendments which shall change the scope and object of the bill, upon being received in the house, shall be referred to appropriate committee and shall take the same course as for original bills unless a motion not to concur is adopted prior to the bill being referred to committee.
(D) AMENDMENTS TO BE GERMANE. No motion or proposition on a subject different from that under consideration shall be admitted under color of amendment; and no bill or resolution shall at any time be amended by annexing thereto or incorporating therein any other bill or resolution pending before the house.
(E) SCOPE AND OBJECT NOT TO BE CHANGED. No amendment to any bill shall be allowed which shall change the scope and object of the bill. (Art. II § 38)
(F) NO AMENDMENT BY REFERENCE. No act shall ever be revised or amended without being set forth at full length. (Art. II § 37)
(G) TITLE AMENDMENTS. The subject matter portion of a bill title shall not be amended in committee or on second reading. Changes to that part of the title after the subject matter statement shall either be presented with the text amendment or be incorporated by the chief clerk in the engrossing process.
Final Passage
Rule 12. Rules relating to bills on final passage are as follows:
(A) RECOMMITMENT BEFORE FINAL PASSAGE. A bill may be recommitted at any time before its final passage.
(B) FINAL PASSAGE. No bill shall become a law unless on its final passage the vote be taken by yeas and nays, the names of the members voting for and against the same be entered on the journal of each house, and a majority of the members elected to each house be recorded thereon as voting in its favor. (Art. II § 22)
(C) BILLS PASSED - CERTIFICATION. When a bill passes, it shall be certified to by the chief clerk, said certification to show the date of its passage together with the vote thereon.
Hour of Meeting, Roll Call and Quorum
Rule 13. (A) HOUR OF MEETING. The speaker shall call the house to order each day of sitting at 10:00 A.M., unless the house shall have adjourned to some other hour.
(B) ROLL CALL AND QUORUM. Before proceeding with business, the roll of the members shall be called and the names of those absent or excused shall be entered on the journal. A majority of all the members elected must be present to constitute a quorum for the transaction of business. In the absence of a quorum, seven members with the speaker, or eight members in the speaker's absence, having chosen a speaker pro tempore, shall be authorized to demand a call of the house and may compel the attendance of absent members in the manner provided in Rule 21(B). For the purpose of determining if a quorum be present, the speaker shall count all members present, whether voting or not. (Art. II § 8)
(C) The house shall adjourn not later than 10:00 P.M. of each working day. This rule may be suspended by a majority vote.
Daily Calendar and Order of Business
Rule 14. The rules relating to the daily calendar and order of business are as follows:
(A) DAILY CALENDAR. Business of the house shall be disposed of in the following order:
First: Roll call, presentation of colors, prayer and approval of the journal of the preceding day.
Second: Introduction of visiting dignitaries.
Third: Messages from the senate, governor and other state officials.
Fourth: Introduction and first reading of bills, memorials, joint resolutions and concurrent resolutions.
Fifth: Committee reports.
Sixth: Second reading of bills.
Seventh: Third reading of bills.
Eighth: Floor resolutions and motions.
Ninth: Presentation of petitions, memorials and remonstrances addressed to the Legislature.
Tenth: Introduction of visitors and other business to be considered.
Eleventh: Announcements.
(B) UNFINISHED BUSINESS. The unfinished business at which the house was engaged preceding adjournment shall not be taken up until reached in regular order, unless the previous question on such unfinished business has been ordered prior to said adjournment.
(C) EXCEPTIONS. Exceptions to the order of business are as follows:
(1) The order of business may be changed by a majority vote of those present.
(2) By motion under the eighth order of business, a bill in the rules committee may be placed on the calendar by the affirmative vote of a majority of all members of the house.
(3) House resolutions and messages from the senate, governor, or other state officials may be read at any time.
Motions
Rule 15. Rules relating to motions are as follows:
(A) MOTIONS TO BE ENTERTAINED OR DEBATED. No motion shall be entertained or debated until announced by the speaker and every motion shall be deemed to have been seconded. A motion shall be reduced to writing and read by the clerk, if desired by the speaker or any member, before it shall be debated and by the consent of the house may be withdrawn before amendment or action.
(B) MOTIONS IN ORDER DURING DEBATE. When a motion has been made and seconded and stated by the chairman, the following motions are in order, in the rank named:
(1) Privileged motions:
Adjourn
Adjourn to a time certain
Recess to a time certain
Reconsider
Demand for division
Question of privilege
Orders of the day
(2) Subsidiary motions:
First rank: Question of consideration
Second rank: To lay on the table
Third rank: For the previous question
Fourth rank: To postpone to a day certain
To commit or recommit
To postpone indefinitely
Fifth rank: To amend
(3) Incidental motions:
Points of order and appeal
Method of consideration
Suspension of the rules
Reading papers
Withdraw a motion
Division of a question
(C) THE EFFECT OF POSTPONEMENT - MOTIONS TO POSTPONE OR COMMIT. Once decided, no motion to postpone to a day certain, to commit, or to postpone indefinitely shall again be allowed on the same day and at the same stage of the proceedings. When a question has been postponed indefinitely, it shall not again be introduced during the session. The motion to postpone indefinitely may be made at any stage of the bill except when on first reading.
(D) MOTIONS DECIDED WITHOUT DEBATE. A motion to adjourn, to recess, to lay on the table and to call for the previous question shall be decided without debate.
All incidental motions shall be decided without debate, except that members may speak to points of order and appeal as provided in Rule 22.
A motion for suspension of the rules shall not be debatable except that the mover of the motion may briefly explain the purpose of the motion and one member may briefly state the opposition to the motion.
(E) MOTION TO ADJOURN. A motion to adjourn shall always be in order, except when the house is voting or is working under the call of the house; but this rule shall not authorize any member to move for adjournment when another member has the floor.
Members Right to Debate
Rule 16. The methods by which a member may exercise his or her right to debate are as follows:
(A) RECOGNITION OF MEMBER. When any member desires to speak in debate or deliver any matter to the house, the member shall rise and respectfully address the speaker and pause until recognized.
(B) ORDER OF SPEAKING. When two or more members arise at once, the speaker shall name the one who is to speak.
(C) LIMITATION OF DEBATE. No member shall speak longer than ten (10) minutes without consent of the house: PROVIDED, That on and after the fifth day prior to the day of adjournment sine die of any session, as determined pursuant to Article II, Section 12 of the state Constitution or concurrent resolution, or on and after the third day prior to the day a bill must be reported from the house as established by concurrent resolution, no member shall speak more than three (3) minutes without the consent of the house. No member shall speak more than twice on the same question without leave of the house: PROVIDED, That the chairman of the committee or the mover of the question may close debate if it is consistent with Rule 18 (Previous Question).
Rules of Debate
Rule 17. The rules for debate in the house are as follows:
(A) QUESTION OF PRIVILEGE. Any member may rise to a question of privilege and explain a personal matter, by leave of the speaker, but the member shall not discuss any pending question in such explanations.
(B) WITHDRAWAL OF MOTION, BILL, ETC. After a motion is stated by the speaker or a bill, memorial, resolution, petition or remonstrance is read by the clerk, it shall be deemed to be in possession of the house, but may be withdrawn by consent of the house at any time before decision or amendment.
(C) READING OF A PAPER. When the reading of any paper is called for and is objected to by any member, it shall be determined by a vote of the house.
(D) DISTRIBUTION OF MATERIALS. Any materials of any nature distributed to the members' desks on the floor shall be subject to approval by the speaker and shall bear the name of at least one member granting permission for the distribution. This shall not apply to materials normally distributed by the chief clerk.
(E) ORDER OF QUESTIONS. All questions, whether in committee or in the house, shall be propounded in the order in which they are named except that in filling blanks, the largest sum and the longest time shall be put first.
(F) DIVISION OF POINTS OF DEBATE. Any member 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 house; but a motion to strike out and to insert shall not be divided. The rejection of a motion to strike out and to insert one proposition shall not prevent a motion to strike out and to insert a different proposition.
(G) DECORUM OF MEMBERS. While the speaker is putting the question, no member shall walk across or out of the house; nor when a member is speaking shall any member entertain private discourse or pass between the speaking member and the rostrum.
(H) REMARKS CONFINED. A member shall confine all remarks to the question under debate and avoid personalities. No member shall impugn the motive of any member's vote or argument.
(I) EXCEPTION TO WORDS SPOKEN IN DEBATE. If any member be called to order for words spoken in debate, the person calling the member to order shall repeat the words excepted to and they shall be taken down in writing at the clerk's table. No member shall be held in answer or be subject to the censure of the house for words spoken in debate if any other member has spoken before exception to them shall have been taken.
(J) TRANSGRESSION OF RULES - APPEAL. If any member, in speaking or otherwise, transgresses the rules of the house the speaker shall, or any member may, call the member to order, in which case the member so called to order shall immediately sit down unless permitted to explain; and the house shall, if appealed to, decide the case without debate; if there be no appeal, the decision of the chairman shall prevail.
If the decision be in favor of the member called to order, the member shall be at liberty to proceed; if otherwise, and the case shall require it, the member shall be liable to the censure of the house.
Ending of Debate - Previous Question
Rule 18. The previous question may be ordered by a two-thirds (2/3) vote of the members present on all recognized motions or amendments which are debatable.
The previous question is not debatable and cannot be amended.
The previous question shall be put in this form: "Representative __________ demands the previous question. As many as are in favor of ordering the previous question will say 'Aye'; as many as are opposed will say 'No'."
The results of the motion are as follows: If determined in the negative, the consideration goes on as if the motion had never been made; if decided in the affirmative it shall have the effect of cutting off all debate and bringing the house to a direct vote upon the motion or amendment on which it has been ordered: PROVIDED HOWEVER, That when a bill is on final passage or when the motion to postpone indefinitely is pending, one of the sponsors of the bill or the chairman of the committee may have the privilege of closing debate after the previous question has been ordered.
If an adjournment is had after the previous question is ordered, the motion or proposition on which the previous question was ordered shall be put to the house immediately following the approval of the journal on the next working day, thus making the main question privileged over all other business, whether new or unfinished.
Voting
Rule 19. (A) PUTTING OF QUESTION. The speaker shall put the question in the following form: "The question before the house is (state the question). As many as are in favor say 'Aye'; and after the affirmative vote is expressed, "as many as are opposed say 'No'."
(B) ALL MEMBERS TO VOTE. Every member who was in the house when the question was put shall vote unless, for special reasons, excused by the house.
All motions to excuse a member shall be made before the house divides or before the call for yeas and nays is commenced; and any member requesting to be excused from voting may make a brief and verbal statement of the reasons for making such request, and the question shall then be taken without further debate.
Upon a division and count of the house on the question, only members at their desks within the bar of the house shall be counted.
(C) CHANGE OF VOTE. When the electric roll call machine is used, no member shall be allowed to vote or change a vote after the speaker has locked the roll call machine. When an oral roll call is taken, no member shall be allowed to vote or change a vote after the result has been announced.
(D) PRIVATE INTEREST. No member shall vote on any question which affects that member privately and particularly. A member who has a private interest in any bill or measure proposed or pending before the legislature shall disclose the fact to the house of which he is a member, and shall not vote thereon. (Art. II § 30)
(E) INTERRUPTION OF ROLL CALL. Once begun, the roll call may not be interrupted. No member or other person shall visit or remain at the clerk's desk while the yeas and nays are being called.
(F) YEAS AND NAYS - RECORDED VOTES. Upon the final passage of any bill, the vote shall be taken by yeas and nays and shall be recorded by the electric voting system: PROVIDED, HOWEVER, That an oral roll call shall be ordered when demanded by one-sixth (1/6) of the members present. (Art. II § 21)
The speaker may vote last when the yeas and nays are called.
When the vote is by electric voting machine or by oral roll call on any question, it shall be entered upon the journal of the house. A recorded vote may be compelled by one-sixth (1/6) of the members present. A request for a recorded vote must be made before the vote is commenced.
(G) TIE VOTE, QUESTION LOSES. In case of an equal division, the question shall be lost.
(H) DIVISION. If the speaker is in doubt, or if division is
called for by any member, the house shall divide.
Reconsideration
Rule 20. Notice of a motion for reconsideration on the final passage of bills shall be made on the day the vote to be reconsidered was taken and before the house has voted to transmit the bill to the senate.
Reconsideration of the votes on the final passage of bills must be taken on the next working day after such vote was taken: PROVIDED, That on and after the fifth day prior to the day of adjournment sine die of any session, as determined pursuant to Article II, Section 12 of the state Constitution, or concurrent resolution, or on and after the third day prior to the day a bill must be reported from the house as established by concurrent resolution, then reconsideration of votes on the final passage of bills must be taken on the same day as the original vote was taken.
A motion to reconsider an amendment may be made at any time the bill remains on second reading.
Any member who voted on the prevailing side may move for reconsideration or give notice thereof.
A motion to reconsider can be decided only once when decided in the negative.
When a motion to reconsider has been carried, its effect shall be to place the original question before the house in the exact position it occupied before it was voted upon.
Call of the House
Rule 21. One-sixth (1/6) of the members present may demand a call of the house at any time before the house has divided or the voting has commenced by yeas and nays.
(A) DOORS TO BE CLOSED. When call of the house has been ordered, the sergeant at arms shall close and lock the doors, and no member shall be allowed to leave the chamber: PROVIDED, That the rules committee shall be allowed to meet, upon request of the speaker, while the house stands at ease: AND PROVIDED FURTHER, That the speaker may permit members to use such portions of the fourth floor as may be properly secured.
(B) SERGEANT AT ARMS TO BRING IN THE ABSENTEES. The clerk shall immediately call a roll of the members and note the absentees, whose names shall be read and entered upon the journal in such manner as to show who are excused and who are absent without leave.
The clerk shall furnish the sergeant at arms with a list of those who are absent without leave, and the sergeant at arms shall proceed to bring in such absentees; but arrests of members for absence shall not be made unless ordered by a majority of the members present.
(C) HOUSE UNDER CALL. While the house is under a call, no business shall be transacted except to receive and act on the report of the sergeant at arms; and no other motion shall be in order except a motion to proceed with business under the call of the house or a motion to excuse absentees. The motion to excuse absent members shall not be adopted unless a majority of the members elected vote in favor thereof.
Appeal from Decision of Chairman
Rule 22. The decision of the chairman may be appealed from by any member, on which appeal no member shall speak more than once unless by leave of the house. In all cases of appeal, the question shall be: "Shall the decision of the chairman stand as the judgment of the house?"
Standing Committees
Rule 23. The standing committees of the house and the number of members that shall serve on each committee shall be as follows:
1. Agriculture & Rural Development. . . . . . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . . 10
2. Appropriations.. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . . 27
3. Capital Budget.. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . . 15
4. Commerce & Labor. . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . . 9
5. Corrections. . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . . 10
6. Education. . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . . 19
7. Energy & Utilities. . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . . 9
8. Environmental Affairs. .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . . 14
9. Financial Institutions & Insurance. . . . . . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . . 16
10. Fisheries & Wildlife. . . . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . . 9
11. Health Care. . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . . 16
12. Higher Education. . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . . 18
13. Human Services. . . . . . . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . . 12
14. Judiciary. . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . . 17
15. Local Government. . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . . 11
16. Natural Resources & Parks. . . . . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . . 11
17. Revenue. . . . . . . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . . 16
18. Rules. . . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . . 18
19. State Government. . . . . . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . . 9
20. Trade, Economic Development & Housing. . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . . 14
21. Transportation. . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . . 27
1. Agriculture & Ecology. . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . . 17
2. Appropriations.. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . . 31
3. Capital Budget.. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . . 13
4. Children & Family Services. . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . . 11
5. Commerce & Labor. . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . . 11
6. Corrections. . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . . 11
7. Education. . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . . 19
8. Energy & Utilities. . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . . 11
9. Finance. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . . 12
10. Financial Institutions & Insurance. . . . . . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . . 13
11. Government Operations. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . . 15
12. Health Care. . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . . 11
13. Higher Education. . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . . 11
14. Law & Justice. .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . . 15
15. Natural Resources. . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . . 15
16. Rules. . . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . . 19
17. Trade & Economic Development. . . . . . . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . . 13
18. Transportation. . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . . 27
Committee members shall be selected by each party's caucus. The majority party caucus shall select all committee chairman.
Duties of Committees
Rule 24. House committees shall operate as follows:
(A) NOTICE OF COMMITTEE MEETING. The chief clerk shall make public the time, place and subjects to be discussed at committee meetings. All public hearings held by committees shall be scheduled at least five (5) days in advance and shall be given adequate publicity: PROVIDED, That when less than eight (8) days remain for action on a bill, the Speaker may authorize a reduction of the five-day notice period when required by the circumstances, including but not limited to the time remaining for action on the bill, the nature of the subject, and the number of prior hearings on the subject.
(B) COMMITTEE QUORUM. A majority of any committee shall constitute a quorum for the transaction of business.
(C) SESSION MEETINGS. No committee shall sit while the house is in session without special leave of the speaker.
(D) DUTIES OF STANDING COMMITTEES.
(1) Only such bills as are included on the written notice of a committee meeting may be considered at that meeting except upon the vote of a majority of the entire membership of the committee to consider another bill.
(2) A majority recommendation of a committee must be signed by a majority of the entire membership of the committee in a regularly called meeting before a bill, memorial or resolution may be reported out: PROVIDED, That by motion under the eighth order of business, a majority of the members elected to the house may relieve a committee of a bill and place it on the second reading calendar.
Majority recommendations of a committee can only be "do pass", "do pass as amended" or that "the substitute bill be substituted therefor and that the substitute bill do pass."
(3) Members of the committee not concurring in the majority report may prepare a written minority report containing a recommendation of "do not pass" or "without recommendation", which shall be signed by those members of the committee subscribing thereto, and submitted with the majority report.
(4) All committee reports shall be spread upon the journal. The journal of the house shall contain an exact copy of all committee reports, together with the names of the members signing such reports.
(5) Every vote to report a bill out of committee shall be taken by the yeas and nays, and the names of the members voting for and against, as well as the names of members absent, shall be recorded on the committee report and spread upon the journal. Any member may call for a recorded vote, which shall include the names of absent members, on any substantive question before the committee. A copy of all recorded committee votes shall be kept by the chief clerk and shall be available for public inspection.
(6) All bills having a direct appropriation shall be referred to the appropriate fiscal committee before their final passage. For purposes of this subsection, fiscal committee means the appropriations, capital budget, ((revenue)) finance, and transportation committees.
(7) No standing committee shall vote by secret written ballot on any issue.
(8) During its consideration of or vote on any bill, resolution or memorial, the deliberations of any standing committee of the house of representatives shall be open to the public.
(9) A standing committee to which a bill was originally referred shall, prior to voting the bill out of committee, consider whether the bill authorizes rule-making powers or requires the exercise of rule-making powers and, if so, consider:
(a) The nature of the new rule-making powers; and
(b) To which agencies the new rule-making powers would be delegated and which agencies, if any, may have related rule-making powers.
Standing Committees - Expenses - Subpoena Power
Rule 25. Regardless of whether the legislature is in session, members of the house may receive from moneys appropriated for the legislature, reimbursement for necessary travel expenses, and payments in lieu of subsistence and lodging for conducting official business of the house.
The standing committees of the house 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. Before a standing committee of the house may issue any process, the committee chairman shall submit for approval of the executive rules committee a statement of purpose setting forth the name or names of those subject to process. The process shall not be issued prior to approval by the executive rules committee. The process shall be limited to the named individuals.
Vetoed Bills
Rule 26. Veto messages of the governor shall be read in the house and entered upon the journal. It shall then be in order to proceed to reconsider the bill, refer it, lay it on the table, or postpone its consideration to a day certain.
The merits of the bill may be debated before the vote is taken, but the vote on a vetoed bill cannot be reconsidered.
In case of a bill containing several sections or items, one or more of which has been objected to by the governor, each section or item so objected to shall be voted upon separately by the house.
Action by the house upon all vetoed bills shall be endorsed upon the bill and certified by the speaker.
Vetoed bills originating in the house, which have not been passed notwithstanding the veto of the governor, shall remain in the custody of the officers of the house until the close of the term, after which they shall be filed with the secretary of state.
Suspension of Compensation
Rule 27. (1) Any member of the house of representatives convicted and sentenced for any felony punishable by death or by imprisonment in a Washington state penal institution shall, as of the time of sentencing, be denied the legislative salary for future service and be denied per diem, compensation for expenses, office space facilities and assistance. Any member convicted of a felony and sentenced therefor under any federal law or the law of any other state shall, as of the time of sentencing, be similarly denied such salary, per diem, expenses, facilities and assistance if either (a) such crime would also constitute a crime punishable under the laws of Washington by death or by imprisonment in a state penal institution, or (b) the conduct resulting in the conviction and sentencing would also constitute a crime punishable under the laws of Washington by death or by imprisonment in a state penal institution.
(2) At any time, the house may vote by a constitutional majority to restore the salary, per diem, expenses, facilities, and assistance denied a member under subsection (1). If the conviction of a member is reversed, then the salary, per diem, and expense amounts denied the member since sentencing shall be forthwith paid, and the member shall thereafter have the rights and privileges of other members.
Smoking
Rule 28. Smoking of cigarettes, pipes or cigars shall not be permitted at any public meeting of any committee of the house of representatives or within House facilities.
"No smoking" signs shall be posted so as to give notice of this rule.
Parliamentary Rules
Rule 29. The rules of parliamentary practice comprised in Reed's Parliamentary Rules shall govern all cases in which they are not inconsistent with the standing rules and orders of the house.
Standing Rules Amendment
Rule 30. Any standing rule may be rescinded or changed by a majority vote of the members elected: PROVIDED, That the proposed change or changes be submitted at least one day in advance in writing to the members together with notice of the consideration thereof. Any standing rule may be suspended temporarily by a two-thirds (2/3) vote of the members present except as provided in Rule 10.
Rules to Apply for Assembly
Rule 31. The permanent house rules adopted at the beginning of the term are to govern all acts of the house during the course of the term unless amended or repealed.
Legislative Mailings
Rule 32. The house of representatives directs the house executive rules committee to adopt procedures and guidelines to ensure that all legislative mailings at public expense are for legitimate legislative purposes. With respect to member mailings to constituents, these policies and guidelines shall ensure that:
(A) All mailings are subject to applicable provisions of the code of ethics established in Rules 1 through 9 of the joint rules of the legislature.
(B) Within the twelve months preceding the expiration of a member's term of office, identical mailings are limited as follows: One mailing mailed within thirty days after the start of the regular legislative session and one mailing mailed within sixty days after the end of the regular legislative session. For purposes of this rule, an identical mailing is a mailing of identical content in excess of two hundred pieces not mailed in response to a constituent contact.
(C) Within the twelve months preceding the expiration of a member's term of office, individual letters are limited as follows: A member may mail to an individual constituent a letter or other information, including the member's opinion, on a matter relevant to legislative business if the member has a reasonable belief that the constituent is interested in that matter.
(D) The total cost of each member's mailings, including production costs, printing costs, and postage, are limited by an annual expenditure level established by the house executive rules committee.
Representative Mielke moved adoption of the resolution.
Representatives Mielke and Appelwick spoke in favor of adoption of the resolution.
House Resolution No. 4604 was adopted.
There being no objection, the House reverted to the sixth order of business.
SECOND READING
HOUSE BILL NO. 1030, by Representatives Lisk, Carlson, Dyer, Skinner, Cooke, Schoesler, Thompson, Goldsmith, Chandler, Basich, Foreman, Honeyford, Hankins, D. Schmidt, Mulliken, McMorris, Clements, Fuhrman, Sheldon, L. Thomas, Huff, Silver, Buck and McMahan
Regulating teen-age work hours.
The bill was read the second time. On motion of Representative Lisk, Substitute House Bill No. 1030 was substituted for House Bill No. 1030 and the substitute bill was placed on the second reading calendar.
Representative Appelwick spoke in favor of the motion.
With the consent of the House, the House deferred further consideration of Substitute House Bill No. 1030.
There being no objection, the House advanced to the eleventh order of business.
MOTION
On motion of Representative Mielke, the House adjourned until 9:55 a.m., Thursday, January 19, 1995.
CLYDE BALLARD, Speaker
TIMOTHY A. MARTIN, Chief Clerk