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TENTH DAY

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MORNING SESSION

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Senate Chamber, Olympia, Wednesday, January 22, 1997

      The Senate was called to order at 10:00 a.m. by President Owen. The Secretary called the roll and announced to the President that all Senators were present except Senator Rasmussen. On motion of Senator Franklin, Senator Rasmussen was excused.

      The Sergeant at Arms Color Guard, consisting of Pages Elizabeth Piercy and Gina Leingang, presented the Colors. Reverend George Sheldon, pastor of St. Benedict's Episcopal Church of Lacey, offered the prayer.

MOTION

      On motion of Senator Johnson, the reading of the Journal of the previous day was dispensed with and it was approved.

LETTER OF APPOINTMENT

SENATOR, 37TH LEGISLATIVE DISTRICT

January 14, 1997                                                                                                                                                        Introduced By: Jane Hague

Proposed No.: 97-045

MOTION NO. 10057

                                                      A MOTION appointing a replacement to the Washington State Senate,

                                                      37th Legislative District, created by the resignation of Dwight Pelz.

      WHEREAS, a vacancy has been created in the Washington State Senate, 37th District, due to the resignation of Dwight Pelz, a Democrat, and

      WHEREAS, the 37th District Democrats have submitted the names of three well qualified nominees for the vacancy;

      NOW, THEREFORE BE IT MOVED by the Council of King County:

      ADAM KLINE is hereby appointed to the position of Washington State Senator for the 37th legislative district.

      PASSED by a vote of 9 to 2 this 21st day of January, 1997.

KING COUNTY COUNCIL,

KING COUNTY, WASHINGTON

Jane Hague

Chair

ATTEST:

Gerald A. Peterson

Clerk of the Council

APPOINTMENT OF SPECIAL COMMITTEE

      The President of the Senate appointed a committee of honor consisting of Senators Strannigan and Prentice to escort Adam Kline to the rostrum.

      The Honorable Christine Pomeroy, Thurston County Superior Court Judge, who was seated on the rostrum, administered the oath of office to Adam Kline.

      The President presented Senator Kline with a certificate of appointment.

      The committee escorted Senator Kline to his seat in the Chamber and the committee was discharged.

REPORTS OF STANDING COMMITTEES

January 21, 1997

SB 5020             Prime Sponsor, Senator Fairley: Making certain sentencing conditions set by local judges enforceable county-wide. Reported by Committee on Law and Justice

      MAJORITY Recommendation: Do pass. Signed by Senators Roach, Chair; Johnson, Vice Chair; Fairley, Goings, Hargrove, Haugen, Jacobsen, Long, McCaslin and Stevens.

      Passed to Committee on Rules for second reading.

January 21, 1997

SB 5085             Prime Sponsor, Senator Roach: Removing a defense to the crime of criminal conspiracy. Reported by Committee on Law and Justice

      MAJORITY Recommendation: Do pass. Signed by Senators Roach, Chair; Johnson, Vice Chair; Fairley, Goings, Hargrove, Haugen, Jacobsen, Long, McCaslin and Stevens.

      Passed to Committee on Rules for second reading.

January 21, 1997

SB 5092             Prime Sponsor, Senator Roach: Penalizing disarming a law enforcement officer. Reported by Committee on Law and Justice

      MAJORITY Recommendation: Do pass. Signed by Senators Roach, Chair; Johnson, Vice Chair; Fairley, Goings, Hargrove, Haugen, Jacobsen, Long, McCaslin and Stevens.

      Passed to Committee on Rules for second reading.

INTRODUCTION AND FIRST READING

SB 5283             by Senators Hargrove and Long

AN ACT Relating to clarifying deductions from offender funds other than wages and gratuities; and amending RCW 72.09.480.

Referred to Committee on Human Services and Corrections.

SB 5284             by Senators Long, Strannigan, Haugen, McAuliffe and Wood

AN ACT Relating to superior court judges; amending RCW 2.08.064; and creating a new section.

Referred to Committee on Law and Justice.

SB 5285             by Senators McCaslin and Haugen (by request of Military Department)

AN ACT Relating to emergency management; amending RCW 38.52.010, 38.52.030, 38.52.050, 38.52.070, 38.52.400, 38.52.420, 38.52.530, 38.54.020, 38.54.030, 38.54.040, and 38.54.050; and reenacting and amending RCW 38.54.010.

Referred to Committee on Government Operations.

SB 5286             by Senators Horn, Benton, West, McCaslin, Wood, Prince, Roach, McDonald, Hale, Sellar, Anderson, Deccio, Johnson, Oke, Morton, Zarelli, Swecker, Hochstatter, Schow and Strannigan

AN ACT Relating to intangible personal property; amending RCW 84.36.070, 84.40.030, and 84.48.080; and creating new sections.

Referred to Committee on Ways and Means.

SB 5287             by Senators Horn, McCaslin, Wood, Prince and Hale

AN ACT Relating to townships; and repealing RCW 45.04.010, 45.04.020, 45.04.030, 45.08.010, 45.08.020, 45.08.060, 45.08.070, 45.08.080, 45.08.090, 45.12.010, 45.12.020, 45.12.021, 45.12.030, 45.12.040, 45.12.050, 45.12.060, 45.12.070, 45.12.080, 45.12.090, 45.12.100, 45.12.110, 45.12.120, 45.12.130, 45.12.140, 45.12.150, 45.12.160, 45.12.170, 45.12.180, 45.12.190, 45.12.200, 45.12.210, 45.12.220, 45.12.230, 45.12.240, 45.16.010, 45.16.020, 45.16.030, 45.16.035, 45.16.040, 45.16.060, 45.16.070, 45.16.080, 45.16.090, 45.16.100, 45.16.110, 45.16.120, 45.20.010, 45.20.020, 45.24.010, 45.24.040, 45.24.050, 45.24.060, 45.28.010, 45.28.020, 45.28.030, 45.28.040, 45.28.050, 45.28.060, 45.28.070, 45.28.100, 45.32.010, 45.32.020, 45.32.030, 45.32.050, 45.32.060, 45.32.070, 45.32.080, 45.32.090, 45.36.010, 45.36.020, 45.36.030, 45.40.010, 45.40.030, 45.44.010, 45.48.010, 45.48.020, 45.48.030, 45.48.040, 45.52.010, 45.52.020, 45.52.030, 45.52.040, 45.52.050, 45.52.060, 45.52.070, 45.52.080, 45.52.090, 45.54.010, 45.54.020, 45.56.010, 45.56.040, 45.56.050, 45.56.070, 45.56.080, 45.64.010, 45.64.020, 45.64.030, 45.64.040, 45.64.050, 45.64.060, 45.64.070, 45.64.080, 45.72.010, 45.72.020, 45.72.030, 45.72.040, 45.72.050, 45.72.060, 45.72.070, 45.76.020, 45.76.030, 45.76.040, 45.76.050, 45.76.060, 45.76.070, 45.76.080, 45.76.090, 45.76.100, 45.80.010, 45.80.020, 45.80.030, 45.80.040, 45.80.050, 45.80.060, 45.80.070, 45.80.080, 45.80.100, 45.82.010, and 45.82.020.

Referred to Committee on Government Operations.

SB 5288             by Senator McCaslin (by request of Administrator for the Courts)

AN ACT Relating to superior court judges; amending RCW 2.08.061; and creating a new section.

Referred to Committee on Law and Justice.

SB 5289             by Senators Johnson, Wojahn, Goings and Oke (by request of Administrator for the Courts)

AN ACT Relating to superior court judges; amending RCW 2.08.061; and creating a new section.

Referred to Committee on Law and Justice.

SB 5290             by Senators West and Spanel (by request of Liquor Control Board)

AN ACT Relating to the liquor control board construction and maintenance account; amending RCW 43.84.092; adding a new section to chapter 43.79 RCW; and declaring an emergency.

Referred to Committee on Ways and Means.

SB 5291             by Senators McCaslin and Haugen

AN ACT Relating to indigent defense services; and amending RCW 10.101.020.

Referred to Committee on Law and Justice.

SB 5292             by Senators McCaslin, Oke, Haugen and Benton

AN ACT Relating to habitual criminals; reenacting and amending RCW 9.94A.120; and prescribing penalties.

Referred to Committee on Law and Justice.

SB 5293             by Senators McCaslin and Benton

AN ACT Relating to motor vehicle emission inspections; and amending RCW 70.120.170 and 46.16.015.

Referred to Committee on Agriculture and Environment.

SB 5294             by Senators McCaslin and Haugen

AN ACT Relating to refunds for liquor licenses; and amending RCW 66.24.010.

Referred to Committee on Commerce and Labor.

SB 5295             by Senators Roach, Goings, Kohl, Wojahn, Zarelli, Schow and Patterson

AN ACT Relating to district court proceedings; amending RCW 12.40.030, 12.40.040, 12.40.080, 12.40.120, 4.14.010, 12.36.010, 12.36.020, 12.36.030, 12.36.050, 12.36.080, 12.36.090, and 2.24.040; adding a new section to chapter 12.40 RCW; adding a new section to chapter 12.36 RCW; and repealing RCW 12.36.040 and 12.36.070.

Referred to Committee on Law and Justice.

SB 5296             by Senators Franklin, Kohl, Winsley, Prentice, Patterson, Long, Fairley, Hochstatter, McAuliffe, Hargrove, Oke and Wood

AN ACT Relating to record checks for private school employees; amending RCW 28A.195.010; adding a new section to chapter 28A.195 RCW; and creating a new section.

Referred to Committee on Education.

SB 5297             by Senators Franklin, Winsley, Kohl, Patterson, Thibaudeau, Goings, Fraser, Heavey, Snyder, Loveland, Prentice, McAuliffe, Spanel, Rasmussen, Wojahn, Fairley, Sheldon, Wood, Brown and Haugen

AN ACT Relating to health insurance benefits for mastectomies; adding a new section to chapter 48.43 RCW; adding a new section to chapter 41.05 RCW; and creating a new section.

Referred to Committee on Health and Long-Term Care.

SB 5298             by Senators Franklin, Kohl, Prentice, Wood, Spanel, Winsley, Wojahn, Sheldon, Snyder, Patterson, Brown, Heavey, Rasmussen, McAuliffe, Fairley and Goings

AN ACT Relating to health insurance discrimination on the basis of genetic information; amending RCW 48.43.005; and adding a new section to chapter 48.43 RCW.

Referred to Committee on Health and Long-Term Care.

SB 5299             by Senators Swecker, Fraser and Oke

AN ACT Relating to shoreline management permits; and amending RCW 90.58.180.

Referred to Committee on Agriculture and Environment.

SB 5300             by Senators Hochstatter, Johnson and Zarelli

AN ACT Relating to education; amending RCW 28A.150.220, 28A.405.100, 41.56.030, and 41.59.935; adding new sections to chapter 28A.320 RCW; adding a new section to chapter 28A.150 RCW; adding a new section to chapter 28A.155 RCW; adding a new section to chapter 28A.165 RCW; adding a new section to chapter 28A.175 RCW; adding a new section to chapter 28A.180 RCW; adding a new section to chapter 28A.185 RCW; adding a new section to chapter 28A.210 RCW; adding a new section to chapter 28A.220 RCW; adding a new section to chapter 28A.225 RCW; adding a new section to chapter 28A.230 RCW; adding a new section to chapter 28A.235 RCW; adding a new section to chapter 28A.300 RCW; adding a new section to chapter 28A.305 RCW; adding a new section to chapter 28A.330 RCW; adding a new section to chapter 28A.400 RCW; adding a new section to chapter 28A.405 RCW; adding a new section to chapter 28A.410 RCW; adding a new section to chapter 28A.600 RCW; adding a new section to chapter 28A.605 RCW; adding a new section to chapter 28A.640 RCW; repealing RCW 28A.305.140, 28A.305.145, and 28A.630.945; and providing a contingent expiration date.

Referred to Committee on Education.

SB 5301             by Senators Thibaudeau, Anderson, Heavey, Wojahn and Kohl

AN ACT Relating to excessive charges for services because of the customer's gender; amending RCW 19.86.090; and adding a new section to chapter 19.86 RCW.

Referred to Committee on Commerce and Labor.

SB 5302             by Senators Long, Anderson and Wood

AN ACT Relating to traffic deaths caused by falling asleep at the wheel; reenacting and amending RCW 46.63.020; adding a new section to chapter 46.61 RCW; and prescribing penalties.

Referred to Committee on Law and Justice.

SB 5303             by Senators Sellar, Snyder, Anderson, Wojahn, McAuliffe, Kohl, Deccio and Schow

AN ACT Relating to the creation of a task force on tourism promotion and development; creating new sections; and providing an expiration date.

Referred to Committee on Commerce and Labor.

SB 5304             by Senators Fairley, Hargrove, Sheldon, Haugen, Goings, Kohl, Winsley and Oke

AN ACT Relating to drug-induced rape; and amending RCW 9A.44.050.

Referred to Committee on Law and Justice.

SB 5305             by Senators Fairley, Wojahn, Goings, McAuliffe, Patterson and Kohl

AN ACT Relating to controlling drugs used to facilitate rape; amending RCW 69.50.206 and 69.50.210; and prescribing penalties.

Referred to Committee on Health and Long-Term Care.

SB 5306             by Senators Zarelli, Hargrove, Long, Stevens, Benton, Schow and Roach

AN ACT Relating to disclosure of offenders' HIV and other communicable disease test results to department of corrections and jail staff; amending RCW 70.24.105, 70.24.340, 70.24.360, 70.24.370, and 70.24.024; adding new sections to chapter 72.10 RCW; adding a new section to chapter 70.48 RCW; adding new sections to chapter 70.28 RCW; creating new sections; and prescribing penalties.

Referred to Committee on Human Services and Corrections.

SB 5307             by Senators Rasmussen, Swecker and Finkbeiner

AN ACT Relating to regulation of public water systems; and amending RCW 43.70.195.

Referred to Committee on Energy and Utilities.

SB 5308             by Senators Horn, Finkbeiner, Franklin, Fraser and Winsley (by request of Secretary of State Munro)

AN ACT Relating to electronic signatures; amending RCW 19.34.030, 19.34.040, 19.34.100, 19.34.110, 19.34.120, 19.34.200, 19.34.210, 19.34.240, 19.34.250, 19.34.260, 19.34.280, 19.34.300, 19.34.310, 19.34.320, 19.34.340, 19.34.350, 19.34.400, 19.34.500, and 19.34.901; adding new sections to chapter 19.34 RCW; adding a new section to chapter 43.105 RCW; prescribing penalties; and providing an effective date.

Referred to Committee on Energy and Utilities.

SB 5309             by Senators Morton and Anderson

AN ACT Relating to excise tax exemptions related to horses; adding a new section to chapter 82.04 RCW; adding a new section to chapter 82.08 RCW; adding a new section to chapter 82.12 RCW; providing an effective date; and declaring an emergency.

Referred to Committee on Agriculture and Environment.

SB 5310             by Senators Finkbeiner, Haugen, Heavey, Benton, Franklin and Winsley

AN ACT Relating to the joint legislative committee on information technology; adding a new section to chapter 43.105 RCW; adding a new chapter to Title 44 RCW; and declaring an emergency.

Referred to Committee on Energy and Utilities.

SB 5311             by Senators Finkbeiner, Haugen, Heavey, Benton, Winsley and Deccio

AN ACT Relating to the information services board; and amending RCW 43.105.032.

Referred to Committee on Energy and Utilities.

SB 5312             by Senators Wood, Haugen and Prince (by request of Department of Transportation)

AN ACT Relating to sale of materials from department of transportation lands; and amending RCW 47.12.140.

Referred to Committee on Transportation.

SB 5313             by Senators Wood, Haugen and Prince (by request of Department of Transportation)

AN ACT Relating to environmental mitigation of transportation projects; amending RCW 43.79A.040; adding new sections to chapter 47.12 RCW; and creating a new section.

Referred to Committee on Transportation.

SB 5314             by Senators Newhouse, West, Snyder, Haugen, Loveland, Roach, Heavey, Finkbeiner, Winsley, Deccio, Long and Hale

AN ACT Relating to disposition of motor vehicle excise tax revenues; and reenacting and amending RCW 82.44.110.

Referred to Committee on Ways and Means.

MOTIONS

      On motion of Senator Johnson, the Committee on Commerce and Labor was relieved of further consideration of Senate Bill No. 5072.

      On motion of Senator Johnson, Senate Bill No. 5072 was referred to the Committee on Law and Justice.

MOTIONS

      On motion of Senator Johnson, the Committee on Government Operations was relieved of further consideration of Senate Bill No. 5233.

      On motion of Senator Johnson, Senate Bill No. 5233 was referred to the Committee on Financial Institutions, Insurance and Housing.

MOTION

      At 10:10 a.m., on motion of Senator Johnson, the Senate was declared to be at ease.

      The Senate was called to order at 11:22 a.m. by President Owen.

MOTION

      Senator Johnson moved that the Senate now consider Senate Resolution 1997-8601, which was held on the desk January 21, 1997.

SENATE RESOLUTION 1997-8601

By Senators McDonald and Sellar

      BE IT RESOLVED, That the Rules of the Senate for the 1995 Regular Session of the 54th Legislature amended by Senate Resolution 1996-8601 be adopted, as amended, as the Rules for the 1997 Regular Session of the 55th Legislature, to read as follows:

PERMANENT RULES

OF THE

SENATE

((FIFTY-FOURTH)) FIFTY-FIFTH LEGISLATURE

((1996)) 1997

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

SECTION I

OFFICERS-MEMBERS-EMPLOYEES

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 and employees perform their respective duties, and shall have general control of the senate chamber and wings. (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.

Subordinate Officers

        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.)

Employees

        Rule 6.    1. No senate employee shall lobby in favor of or against any matter under consideration.

        2. Senate employees are governed by joint rules and chapters 42.17 (the Public Disclosure Act) and 42.52 RCW (the Ethics in Public Service Act.

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.)

SECTION II

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 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. The bill clerk shall send copies of all printed senate bills to such persons, firms, corporations and organizations as may be ordered by the secretary of the senate. The secretary of the senate is authorized to recoup costs.

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.

Security Management

        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.

SECTION III

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.

Quorum

        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.

Special Order

        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.

Unfinished 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

(How Presented)

        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.

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:

PRIVILEGED MOTIONS

        Adjourn or recess

        Reconsider

        Demand for call of the senate

        Demand for roll call

        Demand for division

        Question of privilege

        Orders of the day

INCIDENTAL MOTIONS

        Points of order and appeal

        Method of consideration

        Suspend the rules

        Reading papers

        Withdraw a motion

        Division of a question

SUBSIDIARY MOTIONS

        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.

Voting

        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.

SECTION IV

PARLIAMENTARY PROCEDURE

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.

Protests

        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.

Previous Question

        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.

Reconsideration

        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.

SECTION V

COMMITTEES

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 ((Agricultural Trade and Development)) Environment. . . . . . . . . . . . . . . . . . . . . . . .             7

                    2.                ((Ecology and Parks))Commerce and Labor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .              7

                    3.                Education. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .             7

                    4.                Energy((, Telecommunications)) and Utilities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .      ((5))7

                    5.                Financial Institutions, Insurance and Housing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .             7

                    6.                Government Operations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .             7

                    7.                Health and Long-Term Care. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .       ((9))7

                    8.                Higher Education. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .    ((11))9

                    9.                Human Services and Corrections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .     ((11))7

                  10.                ((Labor, Commerce and Trade. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .             9

                  11.                ))Law and Justice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .           11

         ((12))11.                Natural Resources and Parks. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .           11

         ((13))12.                Rules. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .           19

         ((14))13.                Transportation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .   ((13))15

         ((15))14.                Ways and Means. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .   ((25))21

Subcommittees

        Rule 42. Committee chairs may create subcommittees of the standing committee and designate subcommittee chairs thereof to study subjects within the jurisdiction of the standing committee. The committee chair 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.

Subpoena Power

        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 chair 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.

Committee Rules

        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 chair 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.)

Rules Committee

        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.

Employment Committee

        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.

SECTION VI

BILLS, RESOLUTIONS, MEMORIALS AND GUBERNATORIAL APPOINTMENTS

Definitions

        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.

Prefiling

        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.)

Amendatory Bills

        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.

Committee Bills

        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.

Committee Reference

        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).

First Reading

        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 chair 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 chair 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.

Second Reading/Amendments

        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.

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:

        To concur

        To non-concur

        To recede

        To insist

        To adhere

        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 chair 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 elected. (Article 13 of the State Constitution.)

MOTION

        On motion of Senator Johnson, the following amendment by Senators Johnson and Snyder was adopted:

        On page 21, add the following to Rule 66: “A point of order raising the question of scope and object may be raised at any time during consideration of an amendment prior to voting on the amendment.”

MOTION

        On motion of Senator Johnson, Senate Resolution 1997-8601, as amended, was adopted.

MOTION

        On motion of Senator Johnson, the Senate returned to the fifth order of business.

MOTION

        On motion of Senator Johnson, the rules were suspended and Senate Concurrent Resolution No. 8401, which was introduced and held on the desk January 13, 1997, was advanced to second reading and placed on the second reading calendar.

MOTION

        On motion of Senator Johnson, the Senate advanced to the sixth order of business.

SECOND READING

        SENATE CONCURRENT RESOLUTION NO. 8401, by Senators McDonald, Sellar and Johnson

Adopting procedures for joint bill sponsorship.

SENATE CONCURRENT RESOLUTION 8401