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FIRST DAY

___________________________________________________________________________________________

 

NOON SESSION

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House Chamber, Olympia, Monday, January 8, 2001

 

             The House was called to order at 12:00 Noon by Chief Clerk Zehnder. The Clerk called the roll and a quorum was present.

 

             The flag was escorted to the rostrum by the 5th Battalion 20th Infantry Regiment Color Guard from Fort Lewis. The National Anthem was sung by Representative Renee Radcliff. A moment of silence was observed for Representative Pat Scott who passed away on Sunday, January 7, 2001. Chief Clerk Martin led the Chamber in the Pledge of Allegiance. Prayer was offered by Pastor Lee Forstrom, Westwood Baptist Church, Olympia.

 

"Our Father,

             We thank you for the beginning of this new session, for each one that has been appointed to this task, we look forward with renewed vision and enthusiasm for what you will do in our midst.

             We claim your promise that today 'I will do something new, I will even make a roadway in the wilderness, rivers in the desert.' May you be to each of them the God who makes a road way in the wilderness and a river in the desert.

             As we begin this new session I pray for these men and women, to be strengthened in their spirits, protected with their families, guarded in their health and given the wisdom and discernment to make decisions pleasing in Your sight.

             May they sense the weight of responsibility before you and remember that they have been appointed as your servants to bring about righteousness, justice and equity. Impress upon them the seriousness of the issues that are before them.

             We commit this session to you this day, and even more importantly, we commit ourselves to you. As we look back on this session may there be a united testimony that this has been the work of God and the people of this great state will see the courage, the diligence and the leadership of these men and women who have served faithfully as our representatives.

             Now may the Lord bless you and keep you; the Lord make His face shine on you and be gracious to you; the Lord lift up His countenance on you and give you peace. Amen."

 

             Chief Clerk Martin requested Representatives Lambert and Rockefeller escort Justice Charles Johnson of the Supreme Court of the State of Washington to the Rostrum.

 

MESSAGE FROM THE SECRETARY OF STATE

 

The Honorable Speakers of the House of Representatives

Legislature of the State of Washington

Olympia, Washington

 

Mr. Speakers:

 

I, Ralph Munro, Secretary of State of the State of Washington, do hereby certify that the following is a full, true, and correct list of persons elected to the office of State Representative at the State General Election held in the State of Washington on the seventh day of November, 2000, as shown by the official returns of said election now on file in the office of the Secretary of State:

 

REPRESENTATIVES ELECTED NOVEMBER 7, 2000

 

DISTRICT

COUNTIES REPRESENTED

NAME

No. 1

King (part), Snohomish (part)

O'Brien (D)

Edwards (D)

No. 2

Pierce (part)

Bush (R)

Campbell (R)

No. 3

Spokane (part)

Wood (D)

Gombosky (D)

No. 4

Spokane (part)

Crouse (R)

Schindler (R)

No. 5

King (part)

Anderson (R)

Pflug (R)

No. 6

Spokane (part)

Benson (R)

Ahern (R)

No. 7

Ferry, Lincoln, Okanogan (Part), Pend Oreille, Spokane (Part), Stevens

Sump (R)

McMorris (R)

No. 8

Benton (part)

Hankins (R)

Delvin (R)

No. 9

Adams, Asotin (Part), Spokane (Part), Whitman

Cox (R)

Schoesler (R)

No. 10

Island, Skagit (Part), Snohomish (Part)

Sehlin (R)

Barlean (R)

No. 11

King (part)

Cody (D)

Veloria (D)

No. 12

Chelan, Douglas, Grant (Part), Okanogan (Part)

Ballard (R)

Armstrong (R)

No. 13

Benton (Part), Grant (Part), Kittitas, Yakima (Part)

Chandler (R)

Mulliken (R)

No. 14

Yakima (part)

Skinner (R)

Clements (R)

No. 15

Benton (Part), Klickitat, Skamania (Part), Yakima (Part)

Chandler (R)

Lisk (R)

No. 16

Asotin (Part), Columbia, Franklin, Garfield, Walla Walla

Mastin (R)

Grant (D)

No. 17

Clark (Part), Skamania (Part)

Boldt (R)

Dunn (R)

No. 18

Clark (Part), Cowlitz (Part), Lewis (Part)

Mielke (R)

Pennington (R)

No. 19

Cowlitz (Part), Grays Harbor (Part), Pacific, Wahkiakum

Hatfield (D)

Doumit (D)

No. 20

Lewis (Part), Pierce (Part), Thurston (Part)

DeBolt (R)

Alexander (R)

No. 21

Snohomish (part)

Cooper (D)

Radcliff (R)

No. 22

Thurston (part)

Romero (D)

Hunt (D)

No. 23

Kitsap (part)

Rockefeller (D)

Woods (R)

No. 24

Clallam, Grays Harbor (Part), Jefferson

Buck (R)

Kessler (D)

No. 25

King (Part), Pierce (Part)

Casada (R)

Morell (R)

No. 26

Kitsap (Part), Pierce (Part)

Lantz (D)

Jackley (D)

No. 27

Pierce (part)

Fisher (D)

Darneille (D)

No. 28

Pierce (part)

Talcott (R)

Carrell (R)

No. 29

Pierce (part)

Conway (D)

Kirby (D)

No. 30

King (Part), Pierce (Part)

Miloscia (D)

Mitchell (R)

No. 31

King (Part), Pierce (Part)

Roach (R)

Hurst (D)

No. 32

King (part)

Edmonds (D)

Kagi (D)

No. 33

King (part)

Schual-Berke (D)

Keiser (D)

No. 34

King (part)

Poulsen (D)

McDermott (D)

No. 35

Grays Harbor (Part), Kitsap (Part), Mason, Thurston (Part)

Haigh (D)

Eickmeyer (D)

No. 36

King (part)

Sommers (D)

Dickerson (D)

No. 37

King (part)

Santos (D)

Tokuda (D)

No. 38

Snohomish (part)

Reardon (D)

Scott (D)

No. 39

King (Part), Snohomish (Part)

Dunshee (D)

Pearson (R)

No. 40

San Juan, Skagit (Part), Whatcom (Part)

Quall (D)

Morris (D)

No. 41

King (part)

Jarrett (R)

Ballasiotes (R)

No. 42

Whatcom (part)

Ericksen (R)

Linville (D)

No. 43

King (part)

Murray (D)

Chopp (D)

No. 44

Snohomish (part)

Schmidt (R)

Lovick (D)

No. 45

King (part)

Lambert (R)

Ruderman (D)

No. 46

King (part)

McIntire (D)

Kenney (D)

No. 47

King (part)

Simpson (D)

Cairnes (R)

No. 48

King (part)

Esser (R)

Van Luven (R)

No. 49

Clark (part)

Fromhold (D)

Ogden (D)

 

IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed the seal of the State of Washington at Olympia this eighth day of January, 2001.

 

RALPH MUNRO

Secretary of State

 

             The Clerk called the roll while members stood and a quorum was present.

 

OATH OF OFFICE

 

             Justice Charles Johnson administered the Oath of Office to the members. Ralph Munro, Secretary of State certified the Oath of Offices were administered and congratulated the members. The Certificates of Office were distributed to the members.

 

             Secretary of State Munro introduced U.S. Representative Jack Metcalf.

 

RESOLUTION

 

             HOUSE RESOLUTION NO. 2001-4600 by Representatives Ballard and Chopp

 

             BE IT RESOLVED, That permanent House Rules for the Fifty-seventh Legislature be adopted as follows:

 

PERMANENT RULES OF THE HOUSE OF REPRESENTATIVES

FIFTY-SEVENTH LEGISLATURE

2001-2002

 

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 Chair

             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

             Rule 33             Liquor

 

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, 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 chair, 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 chairs 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 chair 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 the 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. This objection may be raised at any time an amendment is under consideration. The speaker may allow the person raising the objection and the mover of the amendment to provide brief arguments as to the merits of the objection. (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 chair, 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 chair 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 chair 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 chair 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, a motion to excuse absentees, or a motion to dispense with the call of the house. The motion to proceed with business under the call of the house and the motion to excuse absent members shall not be adopted unless a majority of the members elected vote in favor thereof. The motion to dispense with the call of the house may be adopted by a majority of the members present.

 

Appeal from Decision of Chair

 

             Rule 22. The decision of the chair 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 chair 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 & Ecology

14

2.

Appropriations

32

3.

Capital Budget

18

4.

Children & Family Services

10

5.

Commerce & Labor

8

6.

Criminal Justice & Corrections

8

7.

Education

14

8.

Finance

10

9.

Financial Institutions & Insurance

12

10.

Health Care

14

11.

Higher Education

8

12.

Judiciary

10

13.

Juvenile Justice

8

14.

Local Government & Housing

12

15.

Natural Resources

12

16.

Rules

20

17.

State Government

8

18.

Technology, Telecommunications & Energy

16

19.

Trade & Economic Development

12

20.

Transportation

30

 

Committee members shall be selected by each party's caucus. The majority party caucus shall select all committee chairs.

 

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, 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 chairperson 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.

 

Liquor

 

             Rule 33. The House of Representatives shall strictly adhere to the liquor laws of the state of Washington, including provisions relating to banquet and special occasion permits. The proper permits must always be obtained before consumption of liquor in any house facility.

 

APPENDIX TO HOUSE RULES

 

             The House of Representatives of the fifty-seventh legislature, being composed of an equal number of members of each major political party, acknowledges that this extraordinary circumstance requires extraordinary rules of procedure which provide for bipartisan control and responsibility, ensure fairness, and promote cooperation.

             The following Appendix Rules A-1 through A-7 shall not be operative in the event that a candidate for speaker receives a constitutional majority of the votes of the membership of the House, or in the event the House is composed of fifty or more members of the same major political party.

 

RULE A-1. HOUSE RULES

 

             Reed's Parliamentary Rules and the Rules of the House of Representatives are hereby superseded to the extent they are inconsistent with the rules set forth in this appendix.

             All references to speaker, speaker pro tempore, or chief clerk in Reed's Parliamentary Rules or the House Rules shall be held to refer to the co-speakers, co-speakers pro tempore, and co-chief clerks, respectively.

 

RULE A-2. ELECTION OF OFFICERS

 

             The House shall elect the following officers at the commencement of the fifty-seventh legislature: Co-speakers, who shall be styled democratic speaker and republican speaker, co-speakers pro tempore, who shall be styled democratic speaker pro tempore and republican speaker pro tempore, and co-chief clerks.

             In all elections each member shall be allowed one vote and the two candidates receiving the highest number of votes shall be declared elected.

 

RULE A-3. DUTIES OF OFFICERS

 

             (A) Co-Speakers - The co-speakers shall jointly perform the duties and responsibilities of the speaker of the House and may represent the entire house in that capacity. The powers of the speaker may not be exercised individually by a co-speaker without the prior agreement of both co-speakers.

             The co-speakers shall agree upon a procedure for dividing the duties of the chair and may jointly designate a co-speaker pro tempore, co-chief clerk, or any member to perform the duties of the chair, but such substitution shall not extend beyond an adjournment. All acts, resolutions, and other documents requiring the signature of the speaker shall be signed by both co-speakers.

             Decisions regarding administration and operation of the House of Representatives shall be made jointly by the co-speakers or their designees. These decisions shall include, but not be limited to: Referral of bills to committee; appointment of conference committees; approval of house expenditures; approval of travel; decisions on points of order; employment and removal of employees; and designation of persons who shall act as representatives for the public press.

 

             (B) Co-Chief Clerks - The co-chief clerks shall jointly perform the duties and responsibilities of the chief clerk of the House of Representatives. The powers of the chief clerk may not be exercised individually by a co-chief clerk without the prior agreement of both co-chief clerks. All acts, resolutions, and other documents requiring the signature of the chief clerk shall be signed by both chief clerks.

 

RULE A-4. COMMITTEES

 

             The various standing committees of the House of Representatives shall have co-chairs, a democratic chair named by the democratic caucus and a republican chair named by the republican caucus.

             The co-chairs shall jointly perform the duties and responsibilities of the committee chair, including committee administration, staff assignments, and scheduling. The co-chairs shall agree upon a procedure for dividing the duties of presiding at committee meetings. The powers of the chair may not be exercised individually by a co-chair without the prior agreement of both co-chairs. Each co-chair shall jointly have the right to close debate as provided in Rules 16(C) and 18.

             Notwithstanding the above provisions of this rule, each co-chair may individually schedule two public hearings of the committee as follows:

             (1) The public hearing may only be on bills referred to the committee.

             (2) The public hearing must be held during the time regularly scheduled for the committee and must have been given the notice normally required of public hearings.

             (3) One full meeting shall be made available to each co-chair during the time which house bills may be considered. This option must be exercised more than three regularly scheduled meetings before the cutoff of House bill consideration by the committee.

             (4) The last half of one meeting shall be made available to each co-chair during the time which Senate bills may be considered. This option must be exercised more than two regularly scheduled meetings before the cutoff of Senate bill consideration by the committee.

             (5) A co-chair wishing to individually schedule a public hearing shall submit notice in writing to the co-chief clerks stating the specific date, time, and subject matter of the hearing. The co-chief clerks shall record such meeting requests in the order in which they are received.

 

RULE A-5. VOTING REQUIREMENTS AND PROCEDURES

 

             Notwithstanding any other provision of the Rules of the House of Representatives, a constitutional majority of the members elected shall be required, for adoption of any motion, resolution, or memorial unless a greater majority is required by the Rules of the House or the Constitution: PROVIDED, That the motions to adjourn, recess, and dispense with the call of the House may be adopted by a majority of the members present: PROVIDED FURTHER, That an oral roll call may be ordered, a division called for, or a call of the House demanded as provided in Rules 19(F), 19(H), and 21 respectively.

             A vote by a majority of the membership of the standing committee, as defined in Rule 23 shall be required for adoption of any motion, majority report, resolution or memorial unless a greater majority is required by the Rules of the House or the Constitution: PROVIDED, That the motions to adjourn and recess may be adopted by a majority of the members present: PROVIDED FURTHER, That a roll call may be ordered as provided for in Rule 24(D)(5).

             When the electric roll call machine is used, the members shall be given at least one and one-half minutes to vote. This time limitation may be waived by a majority vote of the members elected before the vote is commenced.

 

RULE A-6. HOUSE ADMINISTRATION

 

             All vouchers for payrolls and expenses of the House shall be signed by both co-chief clerks.

             All supplies for the use of the House shall be furnished upon requisitions signed by both co-chief clerks.

 

RULE A-7. CLOSING DEBATE/CO-PRIME SPONSORS

 

             If a bill is introduced with co-prime sponsors, both co-prime sponsors may have the privilege of closing debate if it is consistent with Rule 16(C) (Limitation of Debate) and Rule 18 (Previous Question).

 

             Representative Ballard moved the adoption of the resolution.

 

             Representatives Ballard and Chopp spoke in favor of the adoption of the resolution.

 

             House Resolution No. 4600 was adopted.

  

ELECTION OF THE SPEAKERS

 

             Representative Kessler: "Two years ago, for the second time in the history of our state, this Chamber was evenly divided between Democrats and Republicans. We were faced with an interesting challenge. Shared governance. What a concept. At that time, the House Democrats and Republicans elected Speakers Frank Chopp and Clyde Ballard to lead us through unchartered waters.

             Today, as we face a back-to-back tie, I am honored to have the opportunity to nominate Speaker Chopp for a second term. Two years ago, I knew he would be the right person for the task. Frank offered a leadership style based on a vision of east and west, urban and rural, all coming together as "One Washington". He was focused on issues of importance to all of us, Democrats and Republicans. Strong schools . . . good jobs . . . secure families . . . responsive government . . . and a healthy environment. Upon being elected Speaker, Frank rolled up his sleeves, a now familiar picture, and set out to meet the challenge. He met it with enthusiasm and never-ending energy. He was amazing. Even when his car was totaled by an inattentive driver on his way to the Capitol one morning, he didn't miss a beat. He was late, but when he arrived he immediately jumped into a series of fast-paced meetings - in excruciating pain.

             He has worked with both sides of the aisle, on both sides of the rotunda, with all interest groups, with people from all walks of life. His door has been open to everyone and he has received them with an open mind. He believes there is always a way to find common ground. He has worked tirelessly to find creative and common sense solutions to the challenges facing the people of this State.

             And Frank has shown great leadership skills. He has been strong in making policy decisions and setting our course. During the last 49-49 tie in the House, we were able to pass a Patient's Bill of Rights, the Children's Health Initiative, a reduction in unemployment taxes for our businesses, an extension of benefits for displaced workers during retraining, and enhanced economic opportunities for our rural communities. And we continued our commitment to education, as well as to clean air, clean water and saving our salmon. Frank's leadership job was tough - sometimes messy - but he got it done.

             We have even more daunting challenges this session . . . a transportation and energy crisis, dwindling salmon runs, rural economic problems, a controversy over new shorelines regulations, a major backup in processing water permits and, at the same time, writing a budget that both sides of the aisle can support. We need leaders who can keep us on track and who have a clear vision for our great State, from the Pacific to the Palouse. We need leaders who can put politics aside and advance real solutions so that government works for the people of Washington State. Many are predicting that we will fail. That we will start off in a spirit of cooperation but that, in the end, we will resort to partisan bickering. We can rise to the occasion by electing leaders who are decisive, not divisive. Frank Chopp is such a leader.

             Frank is a person of integrity and vision. He cares deeply for people, especially those who are less fortunate. He understands the needs of both labor and business. He is a problem-solver with unceasing energy. He listens to all sides. He is a loving husband and father, and a very good friend. Frank has proven himself a thoughtful leader, who puts issues and solutions ahead of politics - clearly needed at this time, in this Legislature. It is my privilege to nominate Frank Chopp, my friend and colleague, for Speaker of the Washington State House of Representatives."

 

             Representative Clements: "Thank you, Mr. Chief Clerk, members of the House of Representatives and distinguished guests. On this eighth day of January, 2001, history is in the making. For another two years the House will be governed by 49 members of each party, and the time has come to nominate our Speakers. It is my honor to nominate Clyde Ballard as our Speaker for the 49 Republican members who have been elected to serve by and for the citizenry of our great state.

             I want you to know that Clyde always has emphasized civility when we are faced with serious political battles, partisan arguments or caucus rifts. He has a gentle way that holds people together – but there have been times when we all have tested him and his patience.

             Clyde’s first term as Speaker was in 1994. I am here to tell you incoming freshmen – especially Republican members – it was a wonderful time for us. However, some in the press reported it as an event similar to the Huns sacking Rome.

             New Speaker Ballard kept reminding us that we freshman legislators should be disciplined enough to limit our introduction of new bills – thereby reducing the number of bills, which cost the state around $3,000 each for every “blue sheet.” There were real or imagined consequences for not heeding his warnings.

             In my mind’s eye, you had a choice of three "Ballard disciplines." One was counting paper clips in the archives. The second was standing for an indeterminate amount of time outside Clyde’s office, looking at my shoelaces. Or there was the one I selected: reading the House Journals and hoping not to be tested.

             Having a nearly autographic memory when pressed, I remembered something I heard about Clyde’s early days in the House, so I had our staff do a little research in the House Journals.

             It is January 10, 1983, the very first day of session for Freshman Clyde Ballard. On that first day, Clyde signed on to a raft of bills. The first of those was House Bill 7, to create a "workfare" program for food stamp recipients. The intent was to teach work skills to recipients, encourage recipients to find regular employment and deter those who could work, but did not wish to do so, from participating in the food stamp program. Near as can be determined, shortly thereafter, the first bill Clyde prime-sponsored was HB 418. It dealt with improving markings for disabled parking spaces and implementing penalties for those who parked illegally in them. But alas, as we were in the minority, neither this bill nor HB 7 made it out of committee.

             Not only is Clyde a proven leader in our own state; his leadership goes beyond Washington. For the past two years he has been president and moderator of the annual Pacific Conference, where Speakers, Senators, Representatives and other officials from the Pacific Rim states gather to discuss similar problems and issues facing them. It was impressive to watch Clyde lead these conferences. With pride, I noted the great respect and trust these many Democrat and Republican elected officials had for Clyde. He planned and conducted meaningful, well-balanced programs and agendas that helped us all see the various issues and develop solutions for these challenges.

             The latest conference, just last month, dealt with one main issue: energy shortages and a lack of capacity or new generation. Who thinks the Northwest region’s 5 percent electricity generation capacity from the Snake River dams isn’t important, now? That brings to mind the words uttered by an Alaska state senator when discussing environmentalist activities to impede construction of new power plants, and tear out the dams: he suggested allowing them to be the first to freeze in the dark.

             At a conference of this nature, both the personal and professional side of Clyde is revealed. Ruth, Clyde’s loving wife of 46 years, serves as his mentor; his immediate family and grandchildren are his retreat. I know he regrets not getting to spend as much time with his grandchildren as he would like, while on duty for our state. For that reason, we are going to do our best to wrap this session up in 105 days.

             In the coming days, the reality of rising health care, energy costs, transportation funding and the political and financial impacts of the plethora of citizen-sponsored initiatives will be upon us. For that reason, I am confident the nomination of Clyde Ballard will prove to be one of the more significant nominations of a Speaker in the history of this state.

             I think it is worth going back again to that day in 1983, when Clyde took his first oath of office and then-Speaker Wayne Ehlers made a couple of noteworthy observations. First, he pointed out that Washington was in the midst of its worst period of unemployment and business failures since the Great Depression. He also noted that because the state’s economy had been going into a major tailspin every 10 years, it was time for the Legislature to develop a mechanism that triggered revenues to fund basic programs. And if revenues did unexpectedly increase, they could be channeled into a rainy-day reserve account - something that, in any case, should only be available for emergencies, not for new programs. He wanted to do this to avoid causing any special sessions. However, sine die of the regular 1983 session was followed by three special sessions – the last in September of that year.

             Unlike 1983, western Washington today has the highest employment and best business atmosphere in the state’s history. But like 1983, we do not have enough money. I guarantee the Governor, the Senate and my friends on the other side of the aisle, and even the press, will wonder whether this Chamber can keep a foothold on its collective political sanity as this session progresses.

             John L. O'Brien, late of this Chamber, is the only other member to serve four consecutive terms as Speaker in this state. This puts Clyde in pretty exclusive company. I know Clyde has the experience and competence to navigate the storm we are about to enter and bring the ship of state to port on time and intact.

             If I may, I would like to add a closing comment to Clyde on a more personal level. In the coming days, I fear at times we members of the Legislature and the public could be unreasonable in our demands and expect him to succeed where we would fail. And just remember, even an old porch dog knows the difference between being petted and being kicked. I want him to call me if he is not sure which one it is.

             With great respect, I place the name of Clyde Ballard in nomination for Speaker of the House of Representatives."

 

MOTIONS

 

             Representative Kessler moved that the nominations for the Office of Speaker of the House of Representatives be closed.

 

             Representative Kessler moved that the rules be suspended, and that by a voice vote of the House, Representative Frank Chopp and Representative Clyde Ballard be elected to the positions of Speakers of the House of Representatives. The motion was carried.

 

             Representatives Kessler and Clements escorted Speakers Frank Chopp and Clyde Ballard to the Rostrum.

 

             Justice Johnson administered the Oath of Office to Speakers Chopp and Ballard.

 

             Chief Clerks Martin and Zehnder turned the duel-headed gavel to the new Speakers.

 

             Speaker Chopp: "Welcome to the people’s House!

             At the beginning of a new session in this House, it is entirely proper to remind ourselves of why we are here… and that it is to serve the people.

             We begin our work this year much as we began two years ago, and last year too - with huge challenges ahead of us, and a 49-49 tie between us.

             But there is one important difference. This year, we now know that there’s a way to overcome this dilemma. We know it, because we’ve done it.

             I remember the gloomy predictions of gridlock prior to the session two years ago, and again last year. And I remember with pride what we achieved:

             We created the best state budget for public schools in 20 years!

             We created the best worker-retraining system in the entire nation.

             We created one of the first and best Patient’s Bill of Rights in the nation.

             We dedicated every penny of the historic tobacco settlement to health care and smoking prevention.

             We nearly doubled funding for affordable housing for seniors, working families, the homeless, and for disabled people.

             We created a Safe Food Initiative to help our farmers promote food products locally and abroad.

             We pushed forward an Advanced Technology Initiative, harnessing our colleges and universities of higher learning, to move our state even faster into the high-tech economy.

             And, we met the budget challenges from Initiative 695 without abandoning our values, without abandoning our ferries or public transit, and without abandoning the citizens who need our help just to survive.

             Some of the leaders who helped solve last year’s challenges are no longer with us. Just last night we received the very sad news about a great leader who will no longer be with us. We heard that our friend and colleague Pat Scott lost her long battle with cancer yesterday. We will miss Pat. We will miss her gentle humor. We will miss her devotion to children, We will miss her ability to work with everyone on both sides of the aisle. Pat is gone. But her spirit will live on. And I hope that we will all work together to carry on her gentle spirit in all we do.

             But today we are welcoming newly elected Representatives, too. As we grapple this session with many familiar and some new problems, you, as new legislators, can provide a constructive new perspective. For those who’ve been here before, let us welcome our new colleagues.

             The challenges we face this year are not any easier than those we worked through last year.

             The education initiatives enacted by the people in November raise budget questions that we will have to work very hard to answer. But I don’t regret those education initiatives. Many of us here have fought for stronger schools for years. Last legislative session, we made a down payment towards Initiative 728, when we passed the Better Schools Program. We hired more teachers to reduce class size, so that individual students got more individual attention.

             Such an investment is needed to meet high standards for our students, our teachers, our principals, our school board members, and our communities.

             I’m proud that the people --- with a 70 percent mandate --- demonstrated their support of what our Constitution says: public education is our paramount duty. The people of Washington value their public schools.

             I want to honor the men and women who worked so hard on Initiative 728 to ensure stronger schools for our children and our future. Some of these leaders are with us today.

             Let me introduce Elaine Von Rosenstiel, Jean Carpenter, and Russell Hartman. Please join me in recognizing their work. By the way, Rita was the President of the state-wide PTA, and Russell is on the School Board in Bremerton, where I grew up.

             So this is probably a good time to introduce another important person, who was active in schools as a leader of the Bremerton PTA for over 20 years, and as a school cafeteria worker for many years. Would you please help me in recognizing my mom, Anne Chopp.

             Also with me today is my wife, Nancy Long, and my daughter, Ellie Rosa, who’s attends one of the best middle schools in the entire state, New Options Middle School. My son, Nate, who couldn’t be here today, is a recent graduate of Western Washington University. As you can tell, I’m proud of my family. For a very good reason – they have inspired me to do my best – particularly for our schools. My parents always believed that the best way up and out of poverty is to get an education. My brother and two sisters became teachers. With us today is my brother Mel Chopp, who teaches math in Gig Harbor schools, coaches a volleyball team and who’s joined today by his wife Ruth, my sister Anita Halstead-Robinson, and my sister Jo Anne Wilson, who’s joined by her husband, Earl. Altogether, they have 111 years of teaching in our public schools in Washington State. That deserves a round of applause.

             Just to keep some perspective about the challenges we face, imagine the challenges faced by teachers across our state. In fact, all across the state, from the Puget Sound to the Palouse, there are everyday heroes --- often unsung heroes – who are leading by example to make Washington a better place to live.

             I feel deeply honored to introduce another of these heroes to you, a hero who has devoted her life to helping foster children in Washington. Some of you may not have heard the name Danielle Baxter before. But if you ask me, her name should be near the front page of Ripley’s believe it or not! Because, during the past 15 years, Danielle Baxter has touched the lives, and helped to raise, five hundred and forty two foster kids in Washington. Five hundred and forty two - mostly hard-to-place teenagers! And we think we have challenges!

             Danielle is here with two of her foster children. Please join me in welcoming them, and in honoring all that Danielle Baxter has done for Washington’s kids. Danielle is a true hero. But even heroes like Danielle Baxter can’t do all they do for Washington without help. And Washington’s foster parents and foster kids definitely need more help from us now.

             If we’re really serious about not leaving any child behind, then we won’t leave foster parents like Danielle Baxter behind, when we craft our budgets and policies this year. We cannot leave the poor, the sick, the homeless, the abused, or the disabled behind. Because fiscal responsibility means more than adding and subtracting numbers. It means making our resources and our values work together for all the people we serve.

             Making values and resources work together is a specialty of the next hero I’d like to introduce. In an era of court battles and conflicts over salmon recovery, Dale Reiner and his family have shown us how to restore salmon habitat on a working farm. Working with local conservation groups and agencies along a stretch of Haskell Slough in Snohomish County, Dale’s family and the Greenleaf family put together two miles of rearing and spawning habitat. Now, Dale is organizing farmers along an entire reach of the Skykomish River to develop a plan to protect salmon and preserve farms. Dale’s family is no stranger to the river valley. His great-grandfather homesteaded in 1873. His family, like the salmon, is there for the long haul. His leadership is showing that farming and salmon can coexist, in harmony, not in conflict. If we’re going to save our salmon and enhance rural economies - we must follow the lead of the Dale Reiners’ of Washington. And for that he deserves our thanks and applause - Dale Reiner and family, true Washington heroes!

             I’ve introduced these heroes to remind us that public service and leadership comes in many forms.              But the problems facing Washington today require more than individual acts of heroism. They require leadership from the legislature. The people need us to be the leaders we know we can be.

             The people need our leadership on transportation. Traffic congestion is creating highway robbery – stealing time from our families and threatening our prosperity.

             If we’re going to solve the traffic gridlock, then we must avoid legislative gridlock. Washington can’t move forward on transportation unless we move forward. And transportation does not just mean roads. It means ferries. It means transit. It means choices. And the people of Washington won’t have good transportation choices in the future, if we fail to make good transportation choices now.

             Another challenge we must address is energy. It’s hard to believe --- clean, low-cost, and abundant energy has long been a vital part of Washington’s heritage and prosperity. It has helped build industries, it has put the "e" in "e-commerce," and made our high-tech companies possible.

             But lately we’ve seen workers laid off due to soaring energy costs. We’ve seen large increases in utility bills that many families cannot afford. Electricity costs have driven up the costs of business, and education, and health care, and government services of every kind.

             The only good news in this crisis is that we are not California! Thank God we blocked California-style deregulation when it was attempted here in this House!

             But if we’re going to do our part to solve the energy crisis, we can’t just pray for rain.

             We must conserve energy today and build more capacity for tomorrow. We need a balanced energy policy that also includes renewable energy. Washington has prospered by energetic leadership in energy. Leaders like Warren Magnuson and Scoop Jackson led the way to protect Washington’s reliable and abundant power. Like them, we must work together for the sake of all Washington.

              "Working together for One Washington" has been the guiding principle of House Democrats for the past two years. Today, we renew our commitment to work for all of Washington. Each of you was motivated to come here to do the people’s work, by someone who inspired you. I’d like each of you to think back to whoever inspires you – whether it was your Mom or Dad, a son or daughter, a brother or sister, your teacher or co-worker, or a local or national leader.

             If we are to meet the daunting challenges before us, we’re going to need to be inspired. Let’s get inspired! Let’s get to work!

             Thank you very much."

 

             Speaker Ballard: "Ladies and gentlemen of the House . . . colleagues . . . friends . . . and loved ones – thank you for this honor.

             I’m pleased to have this chance to stand in service of this institution and the people of this great state. My pledge to you is to do my best to serve you with distinction and humility. From this vantage point, one never loses appreciation for the duty that is bestowed upon us. It is one of great magnitude – for we make history every day – and from where I stand, I see only the sincerity of the people who sit here with me and the vision of the things we can accomplish.

             This perspective is as awesome today as it was six years ago. And serving in this institution is as great an honor as it was when I was first sworn in back in 1983. And thanks, Representative Clements, for reminding us all just how long ago that was.

             However, there are those out there in the real world who do not see things from my vantage point. The citizens are weary of the political process . . . and having just endured the longest election season in our history has only deepened their distrust.

             We owe them a reprieve from the negative tone of the past six months. They are looking for us to lead them through a transition . . . to move beyond the bitterness . . . toward a path that leads to constructive compromise.

             We all fought hard. But my friends, it is time to put the disappointments and frustrations of the election behind us. We must change the tone . . . unite together . . . and turn our attention to the needs of the people.

             Polls, pregnant chads and party labels don’t matter to them. What matters to them are the jobs that they need to keep in order to support their families . . . What matters to them are their family budgets that are being threatened by skyrocketing energy costs and property taxes . . . What matters to them is getting out of the traffic so they can get home to hug their children. These are the issues we must unite together to address.

             We’ve had a tremendous run of prosperity in some of our state, particularly in the Puget Sound Region. But for the first time in nearly a decade, we see signs of a softening economy. These are red flags waving before us and we must respond.

             First is the rising cost of energy. Make no mistake. We are facing a crisis . . . one that already is forcing manufacturers to scale back and causing workers to lose jobs. Businesses have been feeling the effects, but now households are too. Local utilities across the state are imposing enormous surcharges that will increase home energy bills, some by 50 percent or more. Just think what these increases will mean to those who live on fixed incomes. This energy crisis is taking money out of our household budgets and out of our economy and sending it out of our state.

             To ease this burden, we need to clear a regulatory path that will encourage new generation facilities to be developed to meet our state’s energy needs. And we need to take immediate action to encourage consumers and businesses to conserve more energy until we can safely meet the demand.

             Our economy and our quality of life are at stake. Citizens are also worried about the rising cost of health care. The cost of keeping our families healthy is rising much faster than personal income. Employers, faced with rising premiums, are asking their workers to pay more out-of-pocket or they’re being forced to lay people off altogether. The inflation of health care is putting families and jobs at risk.

             And finally, we have, at least for the time being, reached the edge of the dot-com frontier. I have no doubt that this industry will once again flourish. But for now, the hope of the new economy has met with the realities of the old . . . and for the first time we are finding that this industry’s potential to grow the prosperity of our region has limits.

             I am especially concerned for those who have not shared in the economic success of the last few years. Our rural communities, who have waited for the promise of economic boom, have yet to see it.

             The people who live in these communities have benefited the least from our state’s economic growth, yet they stand to suffer the most if we allow the burdens of an economic downturn to weigh on them.

             Of course, we will only add to these economic consequences if we do not immediately address our pressing transportation needs. We need to get people and products moving safely on our highways again.

             The time for analysis has past. We know our roads and ferries are in need of expansion and repair. We’ve known it for years.

             We also know that citizens are not in a mood for higher taxes until they are certain that we are using every available dollar as efficiently as we can. That should be our goal this session, as we embark on a long-term plan to improve our state’s transportation system. It must be a plan void of political turf wars and one that we can take to the people and say, "this will make our roads safer, our economy stronger and get us home to our families sooner at the end of each day."

             And finally, parents want to know that schools are safe and that their children are being prepared for our 21st Century. That means having quality teachers in our classrooms and greater accountability in our schools.

             We have worked hard to set higher standards in our schools and increase the expectations of our students. Some are responding with improved scores and performance. Some still need help. Now is not the time to abandon our efforts.

             We must re-dedicate ourselves to reaching these standards, giving teachers the tools to improve learning, and giving parents greater control over their children’s education by providing choice and accountability.

             These are the issues that matter to real people. They’ve had their fill of politics. They are hungry for solutions . . . and they are eager for leadership.

             The tools for success lay before us. In this Chamber is the experience and the capacity to make the lives of ordinary people better. We need only the resolve to work together to make it happen.

             Yes, we are Democrats and Republicans, but we are first and foremost public servants. And we shouldn’t listen to the naysayers, those who forecast chaos and legislative gridlock. Two years ago, we heard similar predictions. The so-called “pundits” said a House with 49 Republicans and 49 Democrats couldn’t function. And while I admit it was difficult – even maddening – at times, we proved them wrong.

             Last year, we passed historic legislation to bring private health insurance back to the people of Washington . . . We passed a Patients’ Bill of Rights . . . We responded to the challenges of Initiative 695 so that important local services could be maintained and the citizens could have meaningful tax relief. And we did all of this in a completely bipartisan fashion.

             We showed everyone that a House tied at 49 to 49 can work. This year, let’s show them how a House tied at 49 to 49 can work wonders. If we again use our circumstance to work together, the citizens of this state will see the greatness that I see before me.

             There’s an old proverb that says you should greet the sun twice each day . . . once as though it was the first time you’ve ever seen it . . . and once as though it will be the last time you’ll every see it. I challenge you to forget what you know about the political process. Come each day with a new admiration for our purpose and leave with renewed appreciation for those who elected us to serve.

             If we can’t see the wonder and significance of this job, how can we expect others to see it?

             If we envision great things, we can get them done . . . and we can get them done in 105 days.

             I predict this will be a session like no other. We will make history – not as a House evenly divided, but as a House united like none before.

             Thank you and God bless the citizens of Washington state."

 

ELECTION OF THE SPEAKERS PRO TEMPORE

 

             Representative Sump: "Thank you, Mr. Speaker. I rise to nominate Representative John Pennington for Speaker Pro Tempore. I think back over the four years I've been in this body, and as I have watched this young man hone his skills. He certainly has the technical ability. And he understands the function of this House. But even more, he has the respect of the dignity of this House and he will preserve that dignity. He will treat the members fairly. He understands the process of this House must be held to the highest standards. As Speaker Pro Tempore, God forgive, he might need to fill the breach on either side of the aisle. We pray that might never happen. But either one of our Speakers Pro Tempore must be of that caliber. They have to be of that dignity, they have to have that intellectual capability to function. Representative John Pennington possesses all of the attributes. He is fair, he understands the process, he is a man of integrity – all of these are attributes of a leader and we need this in our State and we need this in the institution. This institution must never fail. This institution is larger than any of us here. And we must have leaders that understand that. And Representative John Pennington will do that job for us. And I urge you to vote for Representative John Pennington as Republican Speaker Pro Tem. Thank you."

 

             Representative Fromhold: "I would like to nominate Representative Val Ogden from the 49th District for the position of Speaker Pro Tempore.

             I am proud to speak on her behalf. She is my friend, mentor, and the highly respected senior member of our Southwest Washington delegation.

             Representative Ogden is starting her sixth term in the House of Representatives. As you know, she is a very effective member of this body. Most importantly, in our community, Representative Ogden is recognized for her leadership and involvement. She is the former Executive Director of the Clark County YWCA. Her community activities including being a board member of the Council for the Homeless, Clark County Mental Health Advisory Board and the Human Services Council. Nationally, she serves on the Executive Committee for the National Conference of State Legislatures and she is President of the National Order of Women Legislators.

             Her honors and awards are extensive. Her recognition for those honors and positions is due to her fairness, integrity, and intelligence - all qualities she will bring to bear as the Speaker Pro Tempore of this House of Representatives.

             She garners bi-partisan respect and support not only at home in the 49th District but also among this entire body. I ask for your support for her candidacy for Speaker Pro Tempore."

 

MOTIONS

 

             Representative Kessler moved that the nominations for the Office of Speakers Pro Tempore of the House of Representatives be closed.

             Representative Kessler moved that the rules be suspended, and that by a voice vote of the House, Representative John Pennington and Representative Val Ogden be elected to the positions of Speaker Pro Tempore of the House of Representatives. The motion was carried.

 

             Speaker Chopp appointed Representatives Sump and Fromhold to escort Representatives Pennington and Ogden to the Rostrum.

 

             Justice Johnson administered the Oath of Office to Representatives Pennington and Ogden.

 

             Speaker Pro Tempore Pennington: "Justice Johnson, Speakers Ballard and Chopp, Speaker Pro Tempore Ogden, distinguished members and colleagues of this 57th House of Representatives, again I humbly thank you for the honor and trust you have placed in me.

             This has been a remarkable year and incredible beginning to a new millennium. And as we stand at the crossroads of legislative time, we find ourselves eyewitnesses of the most extraordinary events in recent American and state history.

             We have watched firsthand as the basic fabric of our American Republic has been stretched to its very limit. And although we may have disagreed… philosophically, politically, even geographically…we manage as a society so often to set aside those deep seeded differences in time of need. We now face such a time.

             Most of us within the confines of this Chamber have experienced once…some twice… an equally divided House. And perhaps the greatest lesson we have learned is that there is a significant difference between politics and governing.

             We managed, albeit through some rough terrain over the past two years, to… be in the end… good governors. Perhaps this is the appropriate time to invite U. S. Senators Lott and Daschle out to the Pacific Northwest for a good cup of coffee and a great discussion on how to make it work. Political purgatory, as I have often termed it, isn’t as bad as it appears if we work together. I believe that those critics who have watched us from the outside have equally marveled at our abilities to adapt to the unique circumstances we faced in the past and will live under for the next several months.

             As our nation has survived a civil war, two world wars and a great depression, I stand here quite confident that we’ll survive the political turmoil of this past year… and the rough terrain we may sometimes face in the divided House again this year.

             We have a long-standing tradition of rising to the occasion when so few believe we can. Our House is the People’s House. It is diverse and colorful, full of spirited… but tempered… debate. And it is, I hope you can agree, where Washington State’s legislative miracles can and do happen. It is perhaps the only place in this state where those from Omak cross tracks with those from the University District… intentionally.

             Those in our very differing districts have faith that we will, at least, try to cross those paths and work together again. We have proven that we can; I am confident that we will.

             As I have for previous years from this rostrum, I remind us that all we have in the great institution is our integrity … for ourselves and those that we represent … once it is lost or broken, it may never be retrieved.

             Thanks you and God bless our state and nation."

 

             Speaker Pro Tempore Ogden: "Thank you. Thank you Bill for nominating me. I am honored to again serve as Speaker Pro Tempore, and to again share this responsibility with my colleague, Representative John Pennington.

             I am especially pleased to have my family here with me today to share in this significant occasion. Here with me are my daughter, Jan Martin, from Helena, Montana; my daughter Patti Hunter and granddaughter Emily from Spokane; and my son Dan, his wife Carrol, and my two grandchildren Nikki and Chris from Issaquah; and my husband Dan. As we try to fulfill our duties as legislators, the support of our families is very important. I believe that it is appropriate, as I recognize my family, that I also recognize all families who make it possible for us to do our job. Please join me in giving them a heartfelt thank you.

             January is a significant month, as legislators all over the country are convening and swearing in their legislators. Congress and the President of the United States will also be sworn in. I can remember 40 years ago, I stood on the steps of our nation’s capital in bitter cold to watch as a young president was sworn in. President Kennedy said that day, "Ask not what your country can do for you, but ask what you can do for your country." He asked for a recommitment to public service as an honorable and esteemed value in our society. Today that commitment is still relevant. Nationally there is concern as to the preservation of our form of representative government. Efforts are being made in every state to build trust between constituents and their elected representatives. We have a unique opportunity as we enter, as some say, the real beginning of the new millennium, to demonstrate the working partnerships this body will have as we meet the challenges of this next session.

             It is often helpful to get a little perspective by learning of the challenges of some of our earlier legislators. John Greenleaf Whittier, the great American poet, served in the Massachusetts Legislature in 1830. It was observed that his interests seldom made him blindly partisan. Nearly always he esteemed ability and character, the commitment to public service, above mere loyalty to party, always men above measure. In an editorial he wrote, he stated, "It is the duty of every politician, who has the good of his country at heart, to make an honorable stand against partisanship, evincing in his own example, a just and impartial discrimination in regard to men and measures. Of what consequence is it to an American citizen, whether a measure is proposed, or a speech made by a Democrat or Republican." I have paraphrased his conclusion. He implied, "The ultimate test is, is it good public policy?"

             I would like to conclude by sharing with you the Millennium Resolution from the Christian Churches of Scotland. "Let there be... respect for the earth, peace for its people, love in our lives, delight in the good, forgiveness for past wrongs, and from now on, a new start."

             Thank you."

 

ELECTION OF CO-CHIEF CLERKS

 

             Representative Pennington: Tim Martin’s first session was nearly twenty years ago as an intern. He is here today as one of the Legislature’s most experienced professionals.

             Few people have earned the respect – from Republicans and Democrats alike, Senators and Representatives alike – that Tim has. He is recognized both in our state and in other states for his understanding of, and commitment to, legislative processes and institutions and for his commitment to bringing citizens closer to the democratic process.

             He came to the House at a unique point in our history, at a time of great challenge for this institution. We faced employee lawsuits and dwindling morale from within – and bruised and fractured public trust from without.

             From the outset, Tim set out to work evenhandedly for all 98 members of the House. He worked to see that House administration is not used to benefit one party or another. But to ensure the workplace for staff was characterized by mutual support and respect, regardless of ideology or philosophical bend.

             He rallied us to adopt a framework for positive action to counter public cynicism and to rebuild public trust. He worked with members of both parties to craft the “Access to Government Initiative”, a multi-part agenda to enhance public education about the legislature and utilize emerging technology to reach the public. The Access to Government Initiative is now a national model.

             Many of the tools we now take for granted made their way into this House through the Access to Government Initiative – member laptops, enhanced information on the Internet, model school curricula and training tools on the legislature.

             Tim shies from taking personal credit for our advances; he is quick to credit the efforts of House members and staff. Clearly, adoption and implementation of the Access to Government Initiative was a team effort – but there is no doubt that Tim was our coach. We recognize it… legislative academics recognize it.

             When we look at votes on our state-of-the-art voting system, when we use our Chamber Information System to access bills and amendments, and when we think of the legislative information that citizens access today that they couldn’t before Tim arrived, we realize we have a real leader as an administrator.

             Often I speak with pride about this institution, and with a recognition that Tim Martin has focused us on institutional integrity – and what that focus has meant so much to me and to my constituents.

             I believe that we have been highly successful – at the very least earnest – in our work to regain and enhance public trust. But more than that, we have affected the institutional mind set by setting a framework for decision- making in a time of institutional change. For that, I believe that Tim deserves our gratitude for his efforts.

             My nomination for him stems from my belief that he will use this position once again to further efforts on all our behalf. He will work tirelessly – as he has for the past six years – to ensure that the 98 members of the House – regardless of party – have the tools we need to meet our legislative goals and the needs of our constituents.

             With a distinct pride, Mr. Speaker, I nominate Chief Clerk Tim Martin to another term serving the people of Washington State (taxpayers)."

 

             Representative Ogden: "Mr. Speaker, I nominate Ms. Cindy Zehnder as Chief Clerk of the Washington State House of Representatives.

             The clerk carries many important responsibilities as manager of the operations of the House. This includes administrative and committee support staff, budget, security and facilities.

             Cindy brings unique capabilities to this position, having served us well the past year and a half:

                          She has demonstrated leadership in management and labor issues,

She has proven ability to unite divergent interests around a common program, and extensive negotiation experience in both the public and private sectors, with in-depth knowledge of media and public relations,

She is a skilled public speaker and writer, and finally,

She has experience in managing large organizations, with particular strength in strategic planning, information technology, and continuous quality improvement.

             I am proud to support the nomination of Cindy Zehnder as Co-Clerk of the House and ask for your vote.

             Thank you."

 

MOTIONS

 

             Representative Mastin moved the nominations for Chief Clerk by closed. The motion carried.

 

             Representative Mastin moved that the rules be suspended and that by voice vote, Cynthia Zehnder and Timothy Martin be elected as Chief Clerks of the House. The motion carried.

 

             Speaker Ballard asked Representatives Ogden and Pennington escort Cynthia Zehnder and Timothy Martin to the Rostrum.

 

             Justice Johnson administered the Oath of Office to Cynthia Zehnder and Timothy Martin.

 

             Chief Clerk Cynthia Zehnder: "Thank you for the opportunity to serve as your Chief Clerk.

             The last two years have been full of challenges, and if I may, Mr. Speaker, I would like to acknowledge the wonderful staff of the House whose hard work and dedication have made it possible for all of us to succeed.

             In particular, I would like to thank our Deputy Chief Clerks whose tireless efforts and endless good will have carried us through a multitude of crises.

             I also want to thank my partner Tim Martin. It hasn’t always been easy, but somehow we have managed to each day get the work of the House accomplished due in no small part to his dedication to this institution.

             Finally, I want to express my appreciation to all of you. Your commitment, your energy and your extraordinary dedication to the public good make it all worthwhile.

             Thank you."

 

             Chief Clerk Timothy Martin: "Thank you, Cindy; Speaker Ballard; Speaker Chopp and members. What an honor to have Secretary of State Ralph Munro swear me in. That was unexpected. And thank you to Co-Speaker John Pennington for your kind and generous words.

             This is my fourth trip to rostrum to make these remarks and each trip is a little more humbling than the one before. Because while I have the honor to stand before you today, I am only one of a much, much larger team of very skilled employees who dedicate their lives to public service through service to you. I know that each member of House staff and our other Legislative agencies, is as proud of his or her work as I am of mine. I know that each member of staff values the same professional relationships with you as I do. I wish there was more room and more time for each one of my colleagues to stand before you and publicly accept the trust you have placed in them as legislative employees. On their behalf and on mine, I thank you for the honor and privilege of working here.

             Finally, no moment in the sun would be complete without acknowledgment of family. So I must take a moment to thank my boys, Max and Gust for being my best friends, and to thank my wife, Kim Martin for taking care of the three of us. And thanks to Mom and Dad for being here once more. And thank you Mrs. Kochaniewitz for being here for our very able reader, Sean.

             Congratulations to all of you, and thank you for your trust and support.

             Thank you."

 

RESOLUTION

 

             HOUSE RESOLUTION NO. 2001-4601 by Representatives Mastin and Kessler

 

             BE IT RESOLVED, That the Speakers of the House of Representatives appoint a committee of four members of the House of Representatives to notify the Senate that the House of Representatives is now organized and ready to conduct business. 

 

             Representative Mastin moved the adoption of the resolution.

 

             Representative Mastin spoke in favor of the adoption of the resolution.

 

             House Resolution No. 4601 was adopted.

 

             Speaker Ballard appointed Representatives Darneille, B. Chandler, Lovick and Roach to notify the Senate that the House of Representatives was organized and ready to conduct business..

 

             The Sergeant at Arms announced the arrival of the Senate delegation. Senators Carlson, Constantine, Kastama, Parlette, Hewitt and Keiser informed the Chamber that the Senate was organized and ready for work. The Senate delegation was escorted from the Chamber.

 

MESSAGE FROM THE SENATE

January 8, 2001

Mr. Speakers:

 

             The Senate has adopted:

SENATE CONCURRENT RESOLUTION NO. 8400,

and the same is herewith transmitted.

Tony M. Cook, Secretary

 

INTRODUCTIONS AND FIRST READING

 

HB 1000           by Representatives Murray, Alexander, Ogden, Schoesler, Armstrong, Linville and McIntire (by request of Public Work's Board)

 

              AN ACT Relating to the budget authority of the public works board, expenditures from the public works assistance account, and clarifying capital facility planning requirements; amending RCW 43.155.020, 43.155.065, 43.155.068, and 43.155.070; and reenacting and amending RCW 43.155.050.

 

             Referred to Committee on Capital Budget.

 

HB 1001           by Representatives Alexander, Murray, Armstrong, Hatfield, Dickerson, Linville, Kenney, Simpson, McIntire, Edmonds, Keiser, Schual-Berke, Ogden and Fromhold (by request of Public Work's Board)

 

              AN ACT Relating to authorization for projects recommended by the public works board; creating new sections; and declaring an emergency.

 

             Referred to Committee on Capital Budget.

 

HB 1002           by Representatives Ruderman, Rockefeller, Santos, Lambert, Darneille, Haigh, McIntire and Hunt

 

              AN ACT Relating to the public inspection and copying of residential addresses or residential phone numbers of public employees or volunteers of public agencies; and reenacting and amending RCW 42.17.310.

 

             Referred to Committee on State Government.

 

HB 1003           by Representatives Campbell and Bush

 

              AN ACT Relating to solid waste disposal standards; and amending RCW 70.95.060.

 

             Referred to Committee on Agriculture & Ecology.

 

HB 1004           by Representatives Morris and Doumit

 

              AN ACT Relating to adjusting disability payments; amending RCW 41.24.150; and declaring an emergency.

 

             Referred to Committee on Appropriations.

 

HB 1005           by Representatives Morris and Lantz

 

              AN ACT Relating to public utility rights-of-way on aquatic lands; amending RCW 79.90.470; and creating new sections.

 

             Referred to Committee on Technology, Telecommunications & Energy.

 

HB 1006           by Representatives Morris and Lantz

 

              AN ACT Relating to public utility rights-of-way on aquatic lands; and amending RCW 79.90.470.

 

             Referred to Committee on Technology, Telecommunications & Energy.

 

HB 1007           by Representative Morris

 

              AN ACT Relating to the taxation of electricity; amending RCW 82.16.010, 82.16.020, 82.16.050, 82.16.090, 35.21.860, 35.21.865, 35.21.870, 52.18.020, and 82.02.030; adding a new section to chapter 82.04 RCW; adding a new section to chapter 84.36 RCW; adding a new section to chapter 84.55 RCW; adding a new chapter to Title 82 RCW; creating new sections; repealing RCW 82.16.0491, 82.16.053, 54.28.010, 54.28.011, 54.28.020, 54.28.025, 54.28.030, 54.28.040, 54.28.050, 54.28.055, 54.28.060, 54.28.070, 54.28.080, 54.28.090, 54.28.100, 54.28.110, and 54.28.120; and providing an effective date.

 

             Referred to Committee on Technology, Telecommunications & Energy.

 

HB 1008           by Representatives Morris, Sommers, Linville, Schmidt, McIntire, Rockefeller and Edmonds

 

              AN ACT Relating to reviewing initiative measures for fiscal impact; and amending RCW 29.79.015 and 29.81.250.

 

             Referred to Committee on State Government.

 

HJM 4000         by Representatives Mastin and Schmidt

 

               AN ACT RELATING to requesting minimum standards for federal elections.

 

             Referred to Committee on State Government.

 

HJR 4200          by Representatives Morris, Sommers, Dickerson, Linville, Schmidt, McIntire, Rockefeller and Edmonds

 

             AN ACT RELATING to requiring initiatives with negative fiscal impact to specify reductions.

 

             Referred to Committee on State Government.

 

HCR 4400         by Representatives Kessler and Mastin

 

              Calling joint sessions of the legislature.

 

SCR 8400         by Senators Snyder and West

 

              Notifying the Governor that the Legislature is organized.

 

MOTION

 

             On motion of Representative Mastin, Senate Concurrent Resolution No. 8400 was read the first time, the rules were suspended and the concurrent resolution was placed on the Second Reading calendar.

 

SECOND READING

 

             SENATE CONCURRENT RESOLUTION NO. 8400 by Representatives Snyder and West

 

             Notifying the Governor that the Legislature is organized.

 

             The concurrent resolution was read the second time.

 

             There being no objection, the rules were suspended, the second reading considered the third and the concurrent resolution was placed on final adoption.

 

             Speaker Chopp stated the question before the House to be the final adoption of Senate Concurrent Resolution No. 8400.

 

             Senate Concurrent Resolution No. 8400 was adopted.

 

             Speaker Chopp appointed Representatives Kenney and Woods to notify the Governor that the legislature is organized and ready to conduct business.

 

MOTION

 

             On motion of Representative Mastin, House Concurrent Resolution No. 4400 was read the first time, the rules were suspended and the concurrent resolution was placed on the Second Reading calendar.

 

             HOUSE CONCURRENT RESOLUTION NO. 4400 by Representatives Kessler and Mastin

 

             Calling joint sessions of the legislature.

 

             The concurrent resolution was read the second time.

 

MOTION

 

             On motion of Representative Kessler, the rules were suspended, the second reading considered the third and the concurrent resolution was placed on final passage.

 

             Representative Kessler spoke in favor of adoption of the concurrent resolution.

 

             Speaker Chopp stated the question before the House to be adoption of House Concurrent Resolution No. 4400.

 

             House Concurrent Resolution No. 4400 was adopted.

 

MOTIONS

 

             On motion of Representative Kessler, House Concurrent Resolution No. 4400 was immediately transmitted to the Senate.

 

             On motion of Representative Kessler, the bills and memorial listed on the day's introduction sheet under the fourth order of business were referred to the committees so designated.

 

RESOLUTION

 

             HOUSE RESOLUTION NO. 2001-4602 by Representatives Kessler and Mastin

 

             WHEREAS, Washington State has used a blanket primary system to nominate candidates for partisan elective offices since the Legislature enacted Initiative to the Legislature No. 2 in 1935; and

             WHEREAS, The United States Supreme Court held, in California Democratic Party et al. v. Jones, 530 U.S. . . ., 120 S.Ct 2402, (No. 99-401, June 26, 2000), that the blanket primary system in the State of California was an unconstitutional violation of a political party's First Amendment right of association; and

             WHEREAS, The Washington State blanket primary system closely resembles the California State blanket primary system; and

             WHEREAS, The United States District Court, Western District of Washington at Tacoma, issued a preliminary injunction on July 20, 2000, prohibiting the State of Washington from conducting primaries for the Democratic and Republican Parties after 2000 in which voters other than those authorized by a party are permitted to participate in that party's primary; and

             WHEREAS, The District Court directed the Democratic and Republican Parties to submit proposed permanent injunctions by March 1, 2001, to protect their rights concerning primaries for partisan elective offices in Washington State, and the Secretary of State to file a response to these proposals shortly thereafter;

             NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives establishes a select committee on elections to consider and develop legislation on conducting primaries for

partisan elective offices in this state, along with any other election matters referred to the committee, and report legislation on these subjects out of committee with all the powers and duties of a standing committee of the house; and

             BE IT FURTHER RESOLVED, That the committee will consist of eight members, four Republican and four Democratic; and

             BE IT FURTHER RESOLVED, That the committee will cease to exist on December 31, 2001.

 

             Representative Kessler moved the adoption of the resolution.

 

             Representative Kessler spoke in favor of the adoption of the resolution.

 

             House Resolution No. 4602 was adopted.

 

             There being no objection, the House advanced to the eleventh order of business.

  

STANDING COMMITTEE ASSIGNMENTS

 

             The Speakers announced the assignments to Standing Committees:

 

Ahern, John

Criminal Justice & Corrections, Vice Chair; Trade & Economic Development; Transportation

Alexander, Gary

Capital Budget, Co-Chair; Appropriations; Health Care

Anderson, Glenn

Education, Vice Chair; Technology, Telecommunications & Energy; Transportation

Armstrong, Mike

Capital Budget; Juvenile Justice; Transportation

Ballard, Clyde

Rules, Co-Chair

Ballasiotes, Ida

Criminal Justice & Corrections, Co-Chair; Children & Family Services; Health Care; Select Committee on Elections

Barlean, Kelly

Appropriations, Vice Chair; Capital Budget; Financial Institutions & Insurance

Benson, Brad

Financial Institutions & Insurance, Co-Chair; Appropriations

Boldt, Marc

Children & Family Services, Co-Chair; Appropriations; Judiciary

Buck, Jim

Appropriations; Natural Resources; Rules

Bush, Roger

Financial Institutions & Insurance, Vice Chair; Capital Budget; Rules; Technology, Telecommunications & Energy

Cairnes, Jack

Finance, Co-Chair; Criminal Justice & Corrections; Financial Institutions & Insurance

Campbell, Tom

Health Care, Co-Chair; Children & Family Services

Carrell, Mike

Judiciary, Co-Chair; Finance; Juvenile Justice

Casada, Sarah

Technology, Telecommunications & Energy, Vice Chair; Capital Budget; Judiciary

Chandler, Bruce

Commerce & Labor, Vice Chair; Agriculture & Ecology; Technology, Telecommunications & Energy

Chandler, Gary

Agriculture & Ecology, Co-Chair; Natural Resources; Transportation

Chopp, Frank

Rules, Co-Chair

Clements, Jim

Commerce & Labor, Co-Chair; Appropriations

Cody, Eileen

Health Care, Co-Chair; Appropriations

Conway, Steve

Commerce & Labor, Co-Chair; Finance; Health Care

Cooper, Mike

Agriculture & Ecology, Vice Chair; Transportation, Vice Chair; Technology, Telecommunications & Energy

Cox, Don

Higher Education, Co-Chair; Appropriations; Education

Crouse, Larry

Technology, Telecommunications & Energy, Co-Chair; Local Government & Housing; Select Committee on Elections

Darneille, Jeannie

Children & Family Services; Health Care; Juvenile Justice

DeBolt, Richard

Financial Institutions & Insurance; Local Government & Housing; Technology, Telecommunications & Energy

Delvin, Jerome

Juvenile Justice, Co-Chair; Agriculture & Ecology; Technology, Telecommunications & Energy

Dickerson, Mary Lou

Juvenile Justice, Co-Chair; Children & Family Services; Judiciary

Doumit, Mark

Natural Resources, Co-Chair; Appropriations, Vice Chair

Dunn, Jim

Trade & Economic Development, Vice Chair; Higher Education; Local Government & Housing

Dunshee, Hans

Local Government & Housing, Co-Chair; Agriculture & Ecology; Appropriations

Edmonds, Carolyn

Health Care; Local Government & Housing; Transportation

Edwards, Jeanne

Local Government & Housing, Vice Chair; Health Care; Natural Resources

Eickmeyer, William Ike

Juvenile Justice, Vice Chair; Natural Resources; Trade & Economic Development

Ericksen, Doug

Transportation, Vice Chair; Education; Natural Resources

Esser, Luke

Capital Budget, Vice Chair; Judiciary; Technology, Telecommunications & Energy

Fisher, Ruth

Transportation, Co-Chair; Select Committee on Elections, Vice Chair

Fromhold, Bill

Trade & Economic Development, Vice Chair; Appropriations; Higher Education

Gombosky, Jeff

Higher Education, Vice Chair; Appropriations; Trade & Economic Development

Grant, Bill

Agriculture & Ecology; Appropriations; Rules

Haigh, Kathy

Education, Vice Chair; Rules; State Government; Transportation

Hankins, Shirley

Transportation, Vice Chair; Capital Budget; Rules

Hatfield, Brian

Financial Institutions & Insurance, Co-Chair; Local Government & Housing; Transportation

Hunt, Sam

Agriculture & Ecology; Capital Budget; Commerce & Labor

Hurst, Christopher

Judiciary, Vice Chair; Rules; Transportation

Jackley, Brock

Natural Resources; Trade & Economic Development; Transportation

Jarrett, Fred

Higher Education, Vice Chair; Local Government & Housing; Transportation

Kagi, Ruth

Children & Family Services, Vice Chair; Appropriations; Criminal Justice & Corrections

Keiser, Karen

Appropriations; Education; Financial Institutions & Insurance

Kenney, Phyllis

Higher Education, Co-Chair; Appropriations

Kessler, Lynn

Appropriations; Rules

Kirby, Steve

Agriculture & Ecology; Criminal Justice & Corrections; Local Government & Housing; Rules

Lambert, Kathy

Judiciary, Vice Chair; Appropriations; Rules; State Government

Lantz, Patricia

Judiciary, Co-Chair; Capital Budget; Higher Education

Linville, Kelli

Agriculture & Ecology, Co-Chair; Appropriations; Technology, Telecommunications & Energy

Lisk, Barbara

Appropriations, Vice Chair; Commerce & Labor; Rules

Lovick, John

Criminal Justice & Corrections, Vice Chair; Transportation, Vice Chair; Judiciary

Marine, Joe

Juvenile Justice, Vice Chair; Health Care; Transportation

Mastin, Dave

Appropriations; Rules

McDermott, Joe

Education; Judiciary; State Government

McIntire, Jim

Capital Budget, Vice Chair; Financial Institutions & Insurance, Vice Chair; Appropriations

McMorris, Cathy

State Government, Co-Chair; Commerce & Labor; Health Care

Mielke, Tom

Agriculture & Ecology, Vice Chair; Local Government & Housing, Vice Chair; Transportation

Miloscia, Mark

State Government, Vice Chair; Children & Family Services; Financial Institutions & Insurance

Mitchell, Maryann

Transportation, Co-Chair

Morell, Dave

Children & Family Services, Vice Chair; Criminal Justice & Corrections; Transportation

Morris, Jeff

Finance, Co-Chair; Select Committee on Elections; Technology, Telecommunications & Energy

Mulliken, Joyce

Local Government & Housing, Co-Chair; Appropriations; Trade & Economic Development

Murray, Ed

Capital Budget, Co-Chair; Natural Resources; Transportation

O'Brien, Al

Criminal Justice & Corrections, Co-Chair; Capital Budget; Commerce & Labor

Ogden, Val

Select Committee on Elections, Co-Chair; Capital Budget; Rules; Transportation

Pearson, Kirk

Natural Resources, Vice Chair; Appropriations; Education

Pennington, John

Finance; Health Care; Natural Resources; Rules

Pflug, Cheryl

Appropriations; Children & Family Services; Trade & Economic Development

Poulsen, Erik

Technology, Telecommunications & Energy, Co-Chair; Capital Budget; Rules

Quall, Dave

Education, Co-Chair; Agriculture & Ecology

Reardon, Aaron

Finance, Vice Chair; Capital Budget; Rules; Technology, Telecommunications & Energy

Roach, Dan

Finance, Vice Chair; Agriculture & Ecology; Financial Institutions & Insurance

Rockefeller, Phil

Natural Resources, Vice Chair; Education; Transportation

Romero, Sandra

State Government, Co-Chair; Select Committee on Elections; Transportation

Ruderman, Laura

Technology, Telecommunications & Energy, Vice Chair; Appropriations; Health Care

Santos, Sharon Tomiko

Education; Finance; Financial Institutions & Insurance

Schindler, Lynn

Education; State Government; Transportation

Schmidt, Dave

Select Committee on Elections, Co-Chair; Appropriations; Education; State Government

Schoesler, Mark

Agriculture & Ecology; Capital Budget; Rules

Schual-Berke, Shay

Health Care, Vice Chair; Appropriations; Education

Sehlin, Barry

Appropriations, Co-Chair

Simpson, Geoff

Financial Institutions & Insurance; Technology, Telecommunications & Energy; Transportation

Skinner, Mary

Health Care, Vice Chair; Higher Education; Transportation

Sommers, Helen

Appropriations, Co-Chair

Sump, Bob

Natural Resources, Co-Chair; Agriculture & Ecology; Transportation

Talcott, Gigi

Education, Co-Chair; Select Committee on Elections, Vice Chair; Appropriations

Tokuda, Kip

Children & Family Services, Co-Chair; Appropriations; Juvenile Justice

Van Luven, Steve

Trade & Economic Development, Co-Chair; Finance

Veloria, Velma

Trade & Economic Development, Co-Chair; Capital Budget; Finance

Wood, Alex

Commerce & Labor, Vice Chair; Technology, Telecommunications & Energy; Transportation

Woods, Beverly

Capital Budget; Rules; Trade & Economic Development; Transportation

 

MOTION

 

             On motion of Representative Mastin, the House adjourned until 11:45 a.m., January 9, 2001, the 2nd Legislative Day.

 

CLYDE BALLARD, Speaker                                                                     FRANK CHOPP, Speaker

TIMOTHY A. MARTIN, Chief Clerk                                                         CYNTHIA ZEHNDER, Chief Clerk