NOTICE: Formatting and page numbering in this document may be different

from that in the original published version.


FIFTH DAY

------------

MORNING SESSION

------------


Senate Chamber, Olympia, Friday, January 12, 2001

      The Senate was called to order at 10:00 a.m. by President Pro Tempore Franklin. The Secretary called the roll and announced to the President Pro Tempore that all Senators were present except Senators Deccio, Gardner, McCaslin and McDonald. On motion of Senator Honeyford, Senators Deccio, McDonald and McCaslin were excused. On motion of Senator Eide, Senator Gardner was excused.

      The Sergeant at Arms Color Guard, consisting of Pages Amanda Wales and Amanda Walker, presented the Colors. Reverend Anna Grace, pastor of the Unity Church of Olympia, offered the prayer.


MOTION


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

 

MESSAGE FROM STATE OFFICE


STATE OF WASHINGTON

DEPARTMENT OF SOCIAL AND HEALTH SERVICES

Olympia, Washington 98504-5000


January 8, 2001

Mr. Tony Cook

Secretary of the Senate

P.O. Box 40482

Olympia, Washington 98504-0482


Dear Mr. Cook:

      Enclosed is the department's combined Report to the Legislature entitled "Welfare-to-Work Service Contracts and WorkFirst Outcome Measures.” Welfare -to-Work Service Contracts is mandated under Chapter 1, Laws of 2000 E2, Section 208(4) and WorkFirst Outcome Measures is mandated under RCW 74.08A.430.

      Please call Dorie Keeley at (360) 413-3321 if you have questions regarding the report.

Sincerely,

DENNIS BRADDOCK, Secretary

  

      The Department of Social and Health Services Combined Report on”Welfare-to-Work Service Contracts and Workfirst Outcome Measures” is on file in the Office of the Secretary of the Senate.


MESSAGE FROM STATE OFFICE


STATE OF WASHINGTON

DEPARTMENT OF SOCIAL AND HEALTH SERVICES

Olympia, Washington 98504-5000


January 8, 2001

Mr. Tony Cook

Secretary of the Senate

P.O. Box 40482

Olympia, Washington 98504-0482


Dear Mr. Cook:

      Enclosed is the department's Report to the Legislature entitled "Foster Care Assessment Program Model.” It is mandated under Chapter 232, Laws of 2000, Section 1(6).

      Please call Jann Hoppler at (360) 902-7953 if you have questions regarding the report.

Sincerely,

DENNIS BRADDOCK, Secretary

  

      The Department of Social and Health Services Report on”Foster Care Assessment Program Model” is on file in the Office of the Secretary of the Senate.


MESSAGE FROM STATE OFFICE


STATE OF WASHINGTON

DEPARTMENT OF SOCIAL AND HEALTH SERVICES

Olympia, Washington 98504-5000


January 8, 2001

Mr. Tony Cook

Secretary of the Senate

P.O. Box 40482

Olympia, Washington 98504-0482


Dear Mr. Cook:

      Enclosed is the department's Report to the Legislature entitled "License Suspension Program.” It is mandated under RCW 74.20A.340.

      Please call Jan Husby at (360) 664-5218 if you have questions regarding the report.

Sincerely,

DENNIS BRADDOCK, Secretary

  

      The Department of Social and Health Services Report on”License Suspension Program” is on file in the Office of the Secretary of the Senate.


MESSAGE FROM STATE OFFICE


STATE OF WASHINGTON

DEPARTMENT OF SOCIAL AND HEALTH SERVICES

Olympia, Washington 98504-5000


January 9, 2001

Mr. Tony Cook

Secretary of the Senate

P.O. Box 40482

Olympia, Washington 98504-0482


Dear Mr. Cook:

      Enclosed is the department's Report to the Legislature entitled "Foster Care Assessment Program.” It is mandated under Chapter 232, Laws of 2000, Section 1(5).

      Please call Nancy Sutton at (360) 902-7953 if you have questions regarding the report.

Sincerely,

DENNIS BRADDOCK, Secretary

  

      The Department of Social and Health Services Report on”Foster Care Assessment Program” is on file in the Office of the Secretary of the Senate.


MESSAGE FROM STATE OFFICE


STATE OF WASHINGTON

DEPARTMENT OF SOCIAL AND HEALTH SERVICES

Olympia, Washington 98504-5000


January 9, 2001

Mr. Tony Cook

Secretary of the Senate

P.O. Box 40482

Olympia, Washington 98504-0482


Dear Mr. Cook:

      Enclosed is the department's Report to the Legislature entitled "Child Abuse Investigations.” It is mandated under Chapter 389, Laws of 1999, Section 6.

      Please call Sharon Young at (360) 902-7991 if you have questions regarding the report.

Sincerely,

DENNIS BRADDOCK, Secretary

  

      The Department of Social and Health Services Report on”Child Abuse Investigations” is on file in the Office of the Secretary of the Senate.


MESSAGE FROM STATE OFFICE


STATE OF WASHINGTON

DEPARTMENT OF SOCIAL AND HEALTH SERVICES

Olympia, Washington 98504-5000


January 10, 2001

Mr. Tony Cook

Secretary of the Senate

P.O. Box 40482

Olympia, Washington 98504-0482


Dear Mr. Cook:

      Enclosed is the department's Report to the Legislature entitled "Provision of Psychotropic Medications to Children in Foster Care.” It is mandated under Chapter 89, Laws of 2000, Section 1(3).

      Please call Jann Hoppler at (360) 902-7772 if you have questions regarding the report.

Sincerely,

DENNIS BRADDOCK, Secretary

  

      The Department of Social and Health Services Report on”Provisions of Psychotropic Medication To Children in Foster Care” is on file in the Office of the Secretary of the Senate.


INTRODUCTION AND FIRST READING

 

SB 5131             by Senators Franklin and Kline

 

AN ACT Relating to public funding of campaigns for local offices; and amending RCW 42.17.128.

Referred to Committee on State and Local Government.

 

SB 5132             by Senators Kastama, B. Sheldon, Rasmussen, Franklin, Snyder, Prentice, Costa, Fraser, McAuliffe, Kohl-Welles, Fairley, Jacobsen, Kline, Winsley and Eide

 

AN ACT Relating to the establishment and operation of a do not call list for commercial telephone solicitation; amending RCW 19.158.110 and 43.79A.040; adding new sections to chapter 19.158 RCW; and prescribing penalties.

Referred to Committee on Economic Development and Telecommunications.

 

SB 5133             by Senators Fairley and Kohl-Welles

 

AN ACT Relating to seller disclosure of water infiltration through walls or floor; and amending RCW 64.06.020.

Referred to Committee on State and Local Government.

 

SB 5134             by Senators Kastama, Winsley and Regala

 

AN ACT Relating to the mobile home landlord-tenant act; and amending RCW 59.20.030, 59.20.070, 59.20.073, and 59.20.080.

Referred to Committee on Labor, Commerce and Financial Institutions.

 

SB 5135             by Senators Kastama, Regala, Kohl-Welles, Thibaudeau, Prentice, Kline, Winsley and Spanel

 

AN ACT Relating to applying the consumer protection act to violations of the manufactured/mobile home landlord-tenant act; and adding a new section to chapter 59.20 RCW.

Referred to Committee on Labor, Commerce and Financial Institutions.

 

SB 5136             by Senators Fairley, Patterson, Kohl-Welles, Regala, B. Sheldon, Costa, Prentice, Jacobsen, Oke and Winsley

 

AN ACT Relating to initiative review; and adding new sections to chapter 29.79 RCW.

Referred to Committee on State and Local Government.

 

SB 5137             by Senators Fairley, McAuliffe, Kohl-Welles, Kastama, Rasmussen, Haugen, Gardner, Patterson, Kline, Shin, Regala, Costa and Winsley

 

AN ACT Relating to a low-income home ownership loan program; and adding new sections to chapter 43.185A RCW.

Referred to Committee on Labor, Commerce and Financial Institutions.

 

SB 5138             by Senators Morton, Hochstatter, Benton, Oke, Stevens, McCaslin, Honeyford, Swecker, Sheahan, Johnson, Zarelli, Hale and Rossi

 

AN ACT Relating to vehicles exempt from stopping at weighing stations; and amending RCW 46.44.105.

Referred to Committee on Transportation.

 

SB 5139             by Senators Morton, Haugen, Parlette, Hewitt, Rasmussen, Hochstatter, Oke, McCaslin, Swecker, Stevens, Honeyford, Benton, Roach, Johnson and Sheahan

 

AN ACT Relating to excess weight permits for trucks hauling certain bulk agricultural commodities; and amending RCW 46.44.0941.

Referred to Committee on Transportation.

 

SB 5140             by Senators Morton, McAuliffe, Rasmussen, Stevens, Horn, T. Sheldon, Finkbeiner, McDonald, Hochstatter, Johnson, Swecker, Zarelli, Honeyford and McCaslin

 

AN ACT Relating to superintendents' employment contracts; and amending RCW 28A.400.010.

Referred to Committee on Education.

 

SB 5141             by Senators Hale, Patterson, Costa, McCaslin, Haugen, Sheahan, Finkbeiner, Carlson, Hochstatter, Oke, Winsley and Rasmussen

 

AN ACT Relating to nonpartisan sheriffs; amending RCW 29.18.010, 29.21.010, 29.21.015, 29.21.070, and 29.30.025; and adding a new section to chapter 36.28 RCW.

Referred to Committee on State and Local Government.

 

SB 5142             by Senators Winsley, Long, Fraser, Franklin, Honeyford, Carlson and Kohl-Welles (by request of Joint Committee on Pension Policy)

 

AN ACT Relating to continuing law enforcement officers' and fire fighters' plan 1 split benefit payments to ex spouses of members pursuant to preretirement divorce orders made after July 1, 2002; and amending RCW 41.26.162, 41.50.670, and 41.50.700.

Referred to Committee on Ways and Means.

 

SB 5143             by Senators Long, Honeyford, Carlson, Franklin, Winsley, Fraser and Haugen (by request of Joint Committee on Pension Policy)

 

AN ACT Relating to the Washington state patrol retirement system retirement and survivor benefits; amending RCW 43.43.040, 43.43.120, 43.43.260, 43.43.270, 43.43.274, 43.43.278, and 41.45.060; adding new sections to chapter 43.43 RCW; adding a new section to chapter 41.45 RCW; repealing RCW 43.43.272, 43.43.276, and 43.43.300; providing an effective date; and declaring an emergency.

Referred to Committee on Ways and Means.

 

SB 5144             by Senators Winsley, Long, Honeyford, Franklin, Carlson, Fraser and Rasmussen (by request of Joint Committee on Pension Policy)

 

AN ACT Relating to creating a supplemental actuarially reduced survivor benefit for qualified law enforcement officers' and fire fighters' retirement system plan 1 members who choose to actuarially reduce their benefits; and adding a new section to chapter 41.26 RCW.

Referred to Committee on Ways and Means.

 

SB 5145             by Senators Long, Franklin, Carlson, Winsley, Honeyford and Fraser (by request of Joint Committee on Pension Policy)

 

AN ACT Relating to exempting trainers and trainees in housing authority resident training programs from membership in the public employees' retirement system; and reenacting and amending RCW 41.40.023.

Referred to Committee on Ways and Means.

 

SB 5146             by Senators Franklin, Winsley, Honeyford, Carlson, Long, Fraser, Kohl-Welles, Rasmussen and Haugen (by request of Joint Committee on Pension Policy)

 

AN ACT Relating to reducing the law enforcement officers' and fire fighters' retirement system plan 2 disability actuarial reduction age from fifty-five to fifty-three; amending RCW 41.26.470 and 41.26.470; creating a new section; providing an effective date; and providing an expiration date.

Referred to Committee on Ways and Means.

 

SB 5147             by Senators Winsley, Carlson, Long, Franklin, Honeyford and Fraser (by request of Joint Committee on Pension Policy)

 

AN ACT Relating to correcting statutes pertaining to the public employees' and school employees' retirement systems; amending RCW 41.34.060, 41.35.010, and 41.04.270; reenacting and amending RCW 41.45.061; decodifying RCW 41.54.050; and providing an effective date.

Referred to Committee on Ways and Means.

 

SB 5148             by Senators Franklin, Long, Carlson, Winsley, Honeyford, Fraser, McAuliffe, Kohl-Welles, Rasmussen and Haugen (by request of Joint Committee on Pension Policy)

 

AN ACT Relating to temporarily increasing the maximum benefit allowance that teachers' retirement system plan 1 members may earn from sixty to sixty-eight percent; adding a new section to chapter 41.32 RCW; and creating a new section.

Referred to Committee on Ways and Means.

 

SB 5149             by Senators Franklin, Winsley, Carlson, Long, Honeyford, Fraser, Kohl-Welles and Haugen (by request of Joint Committee on Pension Policy)

 

AN ACT Relating to temporarily increasing the maximum benefit allowance that public employees' retirement system plan 1 members may earn from sixty to sixty-eight percent; adding a new section to chapter 41.40 RCW; and creating a new section.

Referred to Committee on Ways and Means.

 

SB 5150             by Senators Carlson, Winsley, Long, Franklin, Honeyford, Fraser, Kohl-Welles, Rasmussen and Haugen (by request of Joint Committee on Pension Policy)

 

AN ACT Relating to public employees' retirement system, plan 1 and teachers' retirement system, plan 1 age and retirement requirements for receipt of the annual increase amount; amending RCW 41.40.197 and 41.32.489; providing an effective date; and declaring an emergency.

Referred to Committee on Ways and Means.

 

SB 5151             by Senators Carlson, Winsley, Honeyford, Franklin, Long, Fraser, McAuliffe, Kohl-Welles, Rasmussen, Haugen and Parlette (by request of Joint Committee on Pension Policy)

 

AN ACT Relating to increasing the number of hours that teachers' retirement system plan retirees may work in an eligible position to eight hundred forty without a reduction in their retirement benefits; and amending RCW 41.32.570.

Referred to Committee on Ways and Means.

 

SB 5152             by Senators Fraser, Carlson, Franklin, Long, Honeyford and Jacobsen (by request of Joint Committee on Pension Policy)

 

AN ACT Relating to the composition and responsibilities of the employee retirement benefits board; amending RCW 41.50.086 and 41.34.130; and reenacting and amending RCW 41.50.780.

Referred to Committee on Ways and Means.

 

SB 5153             by Senators Jacobsen, Winsley, Carlson, Honeyford, Long, Fraser, Kohl-Welles, Rasmussen, Haugen and Parlette (by request of Joint Committee on Pension Policy)

 

AN ACT Relating to converting the number of months into hours that teachers' retirement system, public employees' retirement system, and school employees' retirement system retirees may work without a reduction in their retirement allowance; amending RCW 41.32.802, 41.32.860, 41.32.862, 41.35.060, 41.40.037, and 41.40.750; and providing an effective date.

Referred to Committee on Ways and Means.

 

SB 5154             by Senators Kline, McCaslin, Roach, Constantine, Kohl-Welles and Winsley

 

AN ACT Relating to the civil rights act of 2001; and adding a new chapter to Title 7 RCW.

Referred to Committee on Judiciary.

 

SB 5155             by Senators West, Prentice, Gardner, Winsley, Rasmussen and Kohl-Welles (by request of Horse Racing Commission)

 

AN ACT Relating to the live horse racing compact; and adding a new chapter to Title 67 RCW.

Referred to Committee on Labor, Commerce and Financial Institutions.

 

SB 5156             by Senators Hale and Hewitt (by request of Administrator for the Courts)

 

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

Referred to Committee on Judiciary.


 

SB 5157             by Senators Zarelli, Hale, Carlson, Honeyford, Parlette, Benton, Long, Stevens, Hochstatter, Winsley, Swecker, Oke, Johnson, Hewitt, Sheahan and Kohl-Welles

 

AN ACT Relating to tax relief for disasters; adding a new section to chapter 82.08 RCW; providing an expiration date; and declaring an emergency.

Referred to Committee on Ways and Means.

 

SB 5158             by Senators Morton, Oke and Roach

 

AN ACT Relating to hunting with a crossbow by disabled hunters; and adding a new section to chapter 77.32 RCW.

Referred to Committee on Natural Resources, Parks and Shorelines.

 

SB 5159             by Senators Winsley, Gardner, Kohl-Welles, Horn, Prentice and Carlson

 

AN ACT Relating to investments of surplus funds by four-year institutions of higher education; and amending RCW 43.250.010, 43.250.020, and 43.250.040.

Referred to Committee on Higher Education.

 

SB 5160             by Senators Benton, Roach and Swecker

 

AN ACT Relating to eliminating the state property tax; amending RCW 84.52.065, 84.52.043, 84.52.050, 36.58.150, 36.60.040, 36.69.145, 36.73.060, 36.83.030, 36.100.050, 67.38.130, 84.52.010, and 84.69.020; and creating a new section.

Referred to Committee on Ways and Means.

 

SB 5161             by Senators Benton, Hochstatter and Stevens

 

AN ACT Relating to limiting property taxes; and adding new sections to chapter 84.36 RCW.

Referred to Committee on Ways and Means.

 

SB 5162             by Senators Benton, Finkbeiner, Johnson, Oke, Hale, Parlette, West, Rossi and Long

 

AN ACT Relating to safety rest areas; and adding a new section to chapter 47.38 RCW.

Referred to Committee on Transportation.

 

SB 5163             by Senators Benton, Johnson, Finkbeiner, Hale and West

 

AN ACT Relating to the ten-mile restriction on ferry crossings; and amending RCW 47.60.120 and 81.84.020.

Referred to Committee on Transportation.

 

SB 5164             by Senators Benton, Roach, Finkbeiner, Johnson, Stevens, Rossi, Hochstatter and Winsley

 

AN ACT Relating to appointment of the secretary of transportation; and amending RCW 43.17.020 and 47.01.041.

Referred to Committee on Transportation.

 

SB 5165             by Senator Benton

 

AN ACT Relating to property taxes; adding a new section to chapter 84.36 RCW; adding a new section to chapter 84.40 RCW; and creating new sections.

Referred to Committee on Ways and Means.

 

SB 5166             by Senators Kohl-Welles, Carlson, Horn, Shin, Jacobsen and McAuliffe

 

AN ACT Relating to branches of member institutions of accrediting associations recognized by rule of the higher education coordinating board; and amending RCW 28B.10.802 and 28B.12.030.

Referred to Committee on Higher Education.


 

SB 5167             by Senators Fraser, Morton, Patterson, Hale, Regala, Prentice, T. Sheldon, Eide, Thibaudeau, Franklin, Spanel and Jacobsen

 

AN ACT Relating to the state energy strategy; amending RCW 43.21F.090 and 43.21F.025; adding a new section to chapter 43.21F RCW; creating a new section; providing an effective date; and declaring an emergency.

Referred to Committee on Environment, Energy and Water.

 

SB 5168             by Senators Shin, Sheahan, Franklin, Rasmussen, Costa, Horn, Prentice, Brown, Morton, Fairley, Constantine, McCaslin, McAuliffe and Kohl-Welles

 

AN ACT Relating to technology fees; and amending RCW 28B.15.051.

Referred to Committee on Higher Education.

 

SB 5169             by Senators Jacobsen, Finkbeiner and Eide

 

AN ACT Relating to tax incentives to encourage telework; adding a new section to chapter 82.04 RCW; adding a new section to chapter 82.16 RCW; creating a new section; and providing an effective date.

Referred to Committee on Transportation.

 

SB 5170             by Senators Jacobsen, Finkbeiner, Eide and Kohl-Welles

 

AN ACT Relating to commute trip reduction; and creating new sections.

Referred to Committee on Transportation.

 

SB 5171             by Senators Jacobsen and Finkbeiner

 

AN ACT Relating to creation of a telework enhancement funding board; and adding a new chapter to Title 47 RCW.

Referred to Committee on Transportation.

 

SB 5172             by Senators Prentice, Honeyford, Costa, Winsley, Hewitt and Kohl-Welles

 

AN ACT Relating to rental payments to landlords from public assistance; and adding a new section to chapter 74.04 RCW.

Referred to Committee on Labor, Commerce and Financial Institutions.

 

SB 5173             by Senators Gardner, Patterson and Costa

 

AN ACT Relating to an inspection scoring system for food service establishments; and amending RCW 43.20.050.

Referred to Committee on Health and Long-Term Care.

 

SB 5174             by Senators Finkbeiner, Roach, Rossi, Kline, Hewitt, Snyder, Jacobsen, Oke, McAuliffe, Winsley, Stevens, Shin, Eide, Carlson, Honeyford and Hale

 

AN ACT Relating to commercial telephone solicitation; amending RCW 19.158.110; adding a new section to chapter 19.158 RCW; creating a new section; and prescribing penalties.

Referred to Committee on Economic Development and Telecommunications.

 

SJM 8003           by Senators Benton, Johnson, Hale, Finkbeiner and West

 

Asking Congress to require the secretary of transportation to waive repayment of federal-aid highway funds used to build high occupancy vehicle lanes.

 

Referred to Committee on Transportation.

 

SJM 8004           by Senators Spanel, Swecker, Patterson, Hargrove, Costa, Eide, Fraser, Thibaudeau, Franklin, Regala, Gardner, Prentice, Kline, Kohl-Welles and Haugen

 

Petitioning Congress to appropriate support for an oil spill prevention tugboat in the Strait of Juan de Fuca.

 

Referred to Committee on Environment, Energy and Water.

 

SJM 8005           by Senators Fraser, Swecker, Spanel, Patterson, Thibaudeau, Hargrove, Gardner, Costa, Prentice, Eide, Franklin, Regala, Jacobsen, Kline and Kohl-Welles

 

Petitioning Congress to strengthen vessel safety standards.

 

Referred to Committee on Environment, Energy and Water.

 

SJR 8204           by Senators Benton and Roach

 

Amending the Constitution to require voter approval on taxes.

 

Referred to Committee on Ways and Means.

 

SJR 8205           by Senator Benton

 

Amending the Constitution to modify property valuation.

 

Referred to Committee on Ways and Means.

 

SCR 8405          by Senators Jacobsen, Kline and Thibaudeau

 

Creating the position of state poet laureate.

 

Referred to Committee on State and Local Government.


MOTION


      On motion of Senator Betti Sheldon, Senate Bill No. 5108, which was held on the desk January 11, 2001, was referred to the Committee

on Agriculture and International Trade.


PERSONAL PRIVILEGE


      Senator Prentice: “I rise to a point of personal privilege, Madam President. I would like to announce that my granddaughter in Arizona who is in the fifth grade and ten years old just won in competition for the geography bee and she will be moving on to state. She also told me that she beat three eighth grade guys. When I congratulated her, she told me ‘girls rule.’ Thank you very much.”


PERSONAL PRIVILEGE


      Senator Thibaudeau: “Thank you, Madam President, a point of personal privilege. We called yesterday about Mrs. Deccio who had surgery. I just wanted the body to know that Mrs. Deccio is doing well and will be out of the hospital in two or three days. Senator Deccio will be back here in a week or two. Thank you.”


MOTION


      At 10:16 a.m. on motion of Senator Betti Sheldon, the Senate was declared to be at ease.


      The Senate was called to order at 11:13 a.m. by President Pro Tempore Franklin.


MOTION


      Senator Snyder moved that the following resolution be adopted:


SENATE RESOLUTION

2001 - 8601

      By Senators Snyder and Spanel

       

      BE IT RESOLVED, That the Rules of the Senate for the 1999 Regular Session of the 56th Legislature be adopted, as amended, as the Rules for the 2001 Regular Session of the 57th Legislature, to read as follows:


PERMANENT RULES

OF THE

SENATE

FIFTY-((SIXTH))SEVENTH LEGISLATURE

((1999)) 2001


SECTION I - OFFICERS-MEMBERS-EMPLOYEES

      Rule          1           Duties of the President

      Rule          2           President Pro Tempore

      Rule          3           Secretary of the Senate

      Rule          4           Sergeant at Arms

      Rule          5           Subordinate Officers

      Rule          6           Employees

      Rule          7           Conduct of Members and Officers

SECTION II - OPERATIONS AND MANAGEMENT

      Rule          8           Payment of Expenses - Facilities and Operations

      Rule          9           Use of Senate Chambers

      Rule        10           Admission to the Senate

      Rule        11           Printing of Bills

      Rule        12           Furnishing Full File of Bills

      Rule        13           Regulation of Lobbyists

      Rule        14           Security Management

SECTION III - RULES AND ORDER

      Rule        15           Time of Convening

      Rule        16           Quorum

      Rule        17           Order of Business

      Rule        18           Special Order

      Rule        19           Unfinished Business

      Rule        20           Motions and Senate Floor Resolutions (How Presented)

      Rule        21           Precedence of Motions

      Rule        22           Voting

      Rule        23           Announcement of Vote

      Rule        24           Call of the Senate

      Rule        25           One Subject in a Bill

      Rule        26           No Amendment by Mere Reference to Title of Act

      Rule        27           Reading of Papers

      Rule 28                   Comparing Enrolled and Engrossed Bills

SECTION IV - PARLIAMENTARY PROCEDURE

      Rule        29           Rules of Debate

      Rule        30           Recognition by the President

      Rule        31           Call for Division of a Question

      Rule        32           Point of Order - Decision Appealable

      Rule        33           Question of Privilege

      Rule        34           Protests

      Rule        35           Suspension of Rules

      Rule        36           Previous Question

      Rule        37           Reconsideration

      Rule        38           Motion to adjourn

      Rule        39           Yeas and Nays - When Must be Taken

      Rule        40           Reed's Parliamentary Rules

SECTION V - COMMITTEES

      Rule        41           Committees - Appointment and Confirmation

      Rule        42           Subcommittees

      Rule        43           Subpoena Power

      Rule        44           Duties of Committees

      Rule        45           Committee Rules

      Rule        46           Committee Meetings During Sessions

      Rule        47           Reading of Reports

      Rule        48           Recalling Bills from Committees

      Rule        49           Bills Referred to Rules Committee

      Rule        50           Rules Committee

      Rule        51           Employment Committee

      Rule        52           Committee of the Whole

      Rule        53           Appropriation Budget Bills

SECTION VI - BILLS, RESOLUTIONS, MEMORIALS AND GUBERNATORIAL APPOINTMENTS

      Rule        54           Definitions

      Rule        55           Prefiling

      Rule        56           Introduction of Bills

      Rule        57           Amendatory Bills

      Rule        58           Joint Resolutions and Memorials

      Rule        59           Senate Concurrent Resolutions

      Rule        60           Committee Bills

      Rule        61           Committee Reference

      Rule        62           Reading of Bills

      Rule        63           First Reading

      Rule        64           Second Reading/Amendments

      Rule        65           Third Reading

      Rule        66           Scope and Object of Bill Not to be Changed

      Rule        67           Matter Related to Disagreement Between the Senate and House

      Rule        68           Bills Committed for Special Amendment

      Rule        69           Confirmation of Gubernatorial Appointees


SECTION I

OFFICERS-MEMBERS-EMPLOYEES

Duties of the President

        Rule 1.    1.             The president shall take the chair and call the senate to order precisely at the hour appointed for meeting, and, if a quorum be present, shall cause the journal of the preceding day to be read. (See also Art. 3, Sec. 16, State Constitution.)

        2.             The president shall preserve order and decorum, and in case of any disturbance or disorderly conduct within the chamber, legislative area, legislative offices or buildings, and legislative hearing and meeting rooms, shall order the sergeant at arms to suppress the same, and may order the arrest of any person creating any disturbance within the senate chamber.

        3.             The president shall have charge of and see that all officers and employees perform their respective duties, and shall have general control of the senate chamber and wings. (See also Art. 2, Sec. 10, State Constitution.)

        4.             The president may speak to points of order in preference to members, arising from the president's seat for that purpose, and shall decide all questions of order subject to an appeal to the senate by any member, on which appeal no member shall speak more than once without leave of the senate.

        5.             The president shall, in open session, sign all acts, addresses and joint resolutions. The president shall sign all writs, warrants and subpoenas issued by order of the senate, all of which shall be attested by the secretary. (See also Art. 2, Sec. 32, State Constitution.)

        6.             The president shall appoint all conference, special, joint and hereinafter named standing committees on the part of the senate. The appointment of the conference, special, joint and standing committees shall be confirmed by the senate. In the event the senate refuses to confirm any conference, special, joint or standing committee or committees, such committee or committees shall be elected by the senate.

        7.             The president shall, on each day, announce to the senate the business in order, and no business shall be taken up or considered until the order to which it belongs shall be declared.

        8.             The president shall decide and announce the result of any vote taken.

        9.             When a vote of the senate is equally divided, the lieutenant governor, when presiding, shall have the deciding vote on questions other than the final passage of a bill. (See also Art. 2, Sec. 10 and 22, State Constitution.)


President Pro Tempore


        Rule 2.    1.             Upon the organization of the senate the members shall elect one of their number as president pro tempore who shall have all the powers and authority and who shall discharge all the duties of lieutenant governor acting as president during the lieutenant governor's absence. The senate shall also elect a vice-president pro tempore who will serve in the absence of the lieutenant governor and the president pro tempore. (See Art. 2, Sec. 10, State Constitution.)

        2.             In the absence of the president pro tempore, and vice president pro tempore, or with their consent, the president shall have the right to name any senator to perform the duties of the chair, but such substitution shall not extend beyond an adjournment, nor authorize the senator so substituted to sign any documents requiring the signature of the president.


Secretary of the Senate


        Rule 3.    1.             The senate shall elect a secretary, who shall appoint a deputy secretary, both of whom shall be officers of the senate and shall perform the usual duties pertaining to their offices, and they shall hold office until their successors have been elected or appointed.

        2.             The secretary is the Personnel Officer of the senate and shall appoint, subject to the approval of the senate, all other senate employees and the hours of duty and assignments of all senate employees shall be under the secretary's directions and instructions and they may be dismissed at the secretary's discretion.

        3.             The secretary of the senate, prior to the convening of the next regular session, shall prepare his office to receive bills which the holdover members and members-elect may desire to prefile commencing with the first Monday in December preceding any regular session or twenty days prior to any special session of the legislature.


Sergeant at Arms


        Rule 4.    1.             The senate shall elect a sergeant at arms who shall perform the usual duties pertaining to that office, and shall hold office until a successor has been elected.

        2.             The sergeant at arms shall not admit to the floor of the senate during the time the senate is not convened any person other than specifically requested by a senator, the president, or the secretary of the senate, in writing or when personally accompanied by a senator.


Subordinate Officers


        Rule 5.    The subordinate officers of the senate shall perform such duties as usually pertain to their respective positions in legislative bodies under the direction of the president, and such other duties as the senate may impose upon them. Under no circumstances shall the compensation of any employee be increased for past services. (See also Art. 2, Sec. 25, State Constitution.)

Employees


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

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

Conduct of Members and Officers


        Rule 7.    1.             Indecorous conduct, boisterous or unbecoming language will not be permitted in the senate at any time.

        2.             In cases of breach of decorum or propriety, any senator, officer or other person shall be liable to such censure or punishment as the senate may deem proper, and if any senator be called to order for offensive or indecorous language or conduct, the person calling the senator to order shall report the language excepted to which shall be taken down or noted at the secretary's desk. No member shall be held to answer for any language used upon the floor of the senate if business has intervened before exception to the language was thus taken and noted.

        3.             If any senator in speaking, or otherwise, transgresses the rules of the senate, the president shall, or any senator may, call that senator to order, and a senator so called to order shall resume the senator's seat and not proceed without leave of the senate, which leave, if granted, shall be upon motion "that the senator be allowed to proceed in order," when, if carried, the senator shall speak to the question under consideration.

        4.             No senator shall be absent from the senate without leave, except in case of accident or sickness, and if any senator or officer shall be absent the senator's per diem shall not be allowed or paid, and no senator or officer shall obtain leave of absence or be excused from attendance without the consent of a majority of the members present.

        5.             In the event of a motion or resolution to censure or punish, or any procedural motion thereto involving a senator, that senator shall not vote thereon. The senator shall be allowed to answer to such motion or resolution. An election or vote by the senate on a motion to censure or punish a senator shall require the vote of a majority of all senators elected or appointed to the senate. A vote to expel a member shall require a two-thirds concurrence of all members elected or appointed to the senate. All votes shall be taken by yeas and nays and the votes shall be entered upon the journal. (See also Art. 2, Sec. 9, State Constitution.)


SECTION II

OPERATIONS AND MANAGEMENT

Payment of Expenses - Facilities and Operations


        Rule 8.    1.             After the reorganization caucuses of the Senate, the majority caucus shall designate four members and the minority caucus shall designate three members to serve on the Facilities and Operations Committee. The chair of the majority caucus shall be the chair of the Facilities and Operations Committee. The operation of the Senate shall transfer to the newly designated members after the reorganization caucuses of the Senate.

        2.             All necessary expenses of the senate incurred during the session shall be signed for by the secretary and approved by a majority of the committee on facilities and operations. The committee on facilities and operations shall carefully consider all items of expenditure ordered or contracted on the part of the senate, and report upon the same prior to the voucher being signed by the secretary of the senate authorizing the payment thereof. The committee on facilities and operations shall issue postage only as follows:

        a)            To elected or appointed members of the senate in an amount sufficient to allow performance of their legislative duties.

        b)            To the secretary of the senate in an amount sufficient to carry out the business of the senate.


Use of Senate Chambers


        Rule 9.    The senate chamber and its facilities shall not be used for any but legislative business, except by permission of the senate while in session, or by the facilities and operations committee when not in session.


Admission to the Senate


        Rule 10.  The sergeant at arms shall admit only the following individuals to the floor and adjacent areas of the senate for the period of time beginning one-half hour before convening and ending when the senate has adjourned or recessed for an hour or more:

        The governor and/or designees,

        Members of the house of representatives,

        State elected officials,

        Officers and authorized employees of the legislature,

        Honored guests being presented to the senate,

        Former members of the senate who are not registered lobbyists pursuant to chapter 42.17 RCW,

        Representatives of the press,

        Persons specifically requested by a senator to the president in writing or only as long as accompanied by a senator.


Printing of Bills


        Rule 11.  The number of bills printed and reprinted shall be at the discretion of the secretary of the senate, with the approval of the facilities and operations committee.

Furnishing Full File of Bills


        Rule 12.  Persons, firms, corporations and organizations within the state, desirous of receiving copies of all printed senate bills, shall make application therefor to the secretary of the senate. The bill clerk shall send copies of all printed senate bills to such persons, firms, corporations and organizations as may be ordered by the secretary of the senate. The secretary of the senate is authorized to recoup costs.


Regulation of Lobbyists


        Rule 13.  All persons who engage in lobbying of any kind as defined in chapter 42.17 RCW shall be subject to the rules of the senate and legislature when lobbying before the senate. Any person who fails to conform to the senate or joint rules may have their privilege to lobby and all other privileges revoked upon a majority vote of the committee on rules for such time as is deemed appropriate by the committee.

        Any person registered as a lobbyist pursuant to chapter 42.17 RCW who intervenes in or attempts to influence any personnel decision of the senate regarding any employee may suffer an immediate revocation of all privileges before the senate or such other privileges and for such time as may be deemed appropriate by the senate committee on rules. This restriction shall not prohibit a registered lobbyist from making written recommendations for staff positions.

Security Management


        Rule 14.  The sergeant at arms may develop methods to protect the Senate, including its members, staff, and the visiting public, by establishing procedures to curtail the use or possession of any weapon in a manner that is prohibited by law or by the rules of the Department of General Administration.


SECTION III

RULES AND ORDER

Time of Convening


        Rule 15.  The senate shall convene at 10:00 a.m. each working day, unless adjourned to a different hour. The senate shall adjourn not later than 10:00 p.m. of each working day. The senate shall recess ninety minutes for lunch each working day. When reconvening on the same day the senate shall recess ninety minutes for dinner each working evening. This rule may be suspended by a majority.


Quorum


        Rule 16.  A majority of all members elected or appointed to the senate shall be necessary to constitute a quorum to do business. Less than a quorum may adjourn from day to day until a quorum can be had. (See Art. 2, Sec. 8, State Constitution.)


Order of Business


        Rule 17.  After the roll is called and journal read and approved, business shall be disposed of in the following order:


        FIRST.                    Reports of standing committees.

        SECOND.               Reports of select committees.

        THIRD.                  Messages from the governor and other state officers.

        FOURTH.               Messages from the house of representatives.

        FIFTH.                   Introduction, first reading and reference of bills, joint memorials, joint resolutions and concurrent resolutions.

        SIXTH.                  Second reading of bills.

        SEVENTH.           Third reading of bills.

        EIGHTH.                Presentation of petitions, memorials and floor resolutions.

        NINTH.                  Presentation of motions.


        The order of business established by this rule may be changed and any order of business already dealt with may be reverted or advanced to by a majority vote of those present.

        All questions relating to the priority of business shall be decided without debate.

        Messages from the governor, other state officers, and from the house of representatives may be considered at any time with the consent of the senate.


Special Order


        Rule 18.  The president shall call the senate to order at the hour fixed for the consideration of a special order, and announce that the special order is before the senate, which shall then be considered unless it is postponed by a majority vote of the members present, and any business before the senate at the time of the announcement of the special order shall take its regular position in the order of business, except that if a cutoff established by concurrent resolution occurs during the special order, the senate may complete the ((order of business)) measure that was before the senate when consideration of the special order was commenced.


Unfinished Business


        Rule 19.  The unfinished business at the preceding adjournment shall have preference over all other matters, excepting special orders, and no motion or any other business shall be received without special leave of the senate until the former is disposed of.


Motion and Senate Floor Resolutions

(How Presented)


        Rule 20.  1.             No motion shall be entertained or debated until announced by the president and every motion shall be deemed to have been seconded. It shall be reduced to writing and read by the secretary, if desired by the president or any senator, before it shall be debated, and by the consent of the senate may be withdrawn before amendment or action.

        2.             Senate floor resolutions shall be acted upon in the same manner as motions. All senate floor resolutions shall be on the secretary's desk at least twenty-four hours prior to consideration.


Precedence of Motions


        Rule 21.  When a motion has been made and stated by the chair the following motions are in order, in the rank named:


PRIVILEGED MOTIONS


        Adjourn or recess

        Reconsider

        Demand for call of the senate

        Demand for roll call

        Demand for division

        Question of privilege

        Orders of the day


INCIDENTAL MOTIONS


        Points of order and appeal

        Method of consideration

        Suspend the rules

        Reading papers

        Withdraw a motion

        Division of a question


SUBSIDIARY MOTIONS


        1st Rank:                To lay on the table

        2nd Rank:               For the previous question

        3rd Rank:                To postpone to a day certain

                                        To commit or recommit

                                        To postpone indefinitely

        4th Rank:                To amend


        No motion to postpone to a day certain, to commit, or to postpone indefinitely, being decided, shall again be allowed on the same day and at the same stage of the proceedings, and when a question has been postponed indefinitely it shall not again be introduced during the session.

        A motion to lay an amendment on the table shall not carry the main question with it unless so specified in the motion to table.

        At no time shall the senate entertain a Question of Consideration.


Voting


        Rule 22.  1.             In all cases of election by the senate, the votes shall be taken by yeas and nays, and no senator or other person shall remain by the secretary's desk while the roll is being called or the votes are being counted. No senator shall be allowed to vote except when within the bar of the senate, or upon any question upon which he or she is in any way personally or directly interested, nor be allowed to explain a vote or discuss the question while the yeas and nays are being called, nor change a vote after the result has been announced. (See also Art. 2, Secs. 27 and 30, State Constitution.)

        2.             A member not voting by reason of personal or direct interest, or by reason of an excused absence, may explain the reason for not voting by a brief statement not to exceed fifty words in the journal.

        3.             The yeas and nays shall be taken when called for by one-sixth of all the senators present, and every senator within the bar of the senate shall vote unless excused by the unanimous vote of the members present, and the votes shall be entered upon the journal. (See also Art. 2, Sec. 21. State Constitution.)

        When once begun the roll call may not be interrupted for any purpose other than to move a call of the senate. (See also Rule 24.)

        4.             A senator having been absent during roll call may ask to have his or her name called. Such a request must be made before the result of the roll call has been announced by the president.

        5.             The passage of a bill or action on a question is lost by a tie vote, but when a vote of the senate is equally divided, the lieutenant governor, when presiding, shall have the deciding vote on questions other than the final passage of a bill. (See also Art. 2, Secs. 10 and 22, State Constitution.)

        6.             The order of the names on the roll call shall be alphabetical by last name.

        7.             All votes in a committee shall be recorded, and the record shall be preserved as prescribed by the secretary of the senate. One-sixth of the committee may demand an oral roll call.


Announcement of Vote


        Rule 23.  The announcement of all votes shall be made by the president.


Call of the Senate


        Rule 24.  Although a roll call is in progress, a call of the senate may be moved by three senators, and if carried by a majority of all present the secretary shall call the roll, after which the names of the absentees shall again be called. The doors shall then be locked and the sergeant at arms directed to take into custody all who may be absent without leave, and all the senators so taken into custody shall be presented at the bar of the senate for such action as the senate may deem proper.


One Subject in a Bill


        Rule 25.  No bill shall embrace more than one subject and that shall be expressed in the title. (See also Art. 2, Sec. 19, State Constitution.)


No Amendment by Mere Reference to Title of Act


        Rule 26.  No act shall ever be revised or amended by mere reference to its title, but the act revised or the section amended shall be set forth at full length. (See also Art. 2, Sec. 37, State Constitution.)


Reading of Papers


        Rule 27.  When the reading of any paper is called for, and is objected to by any senator, it shall be determined by a vote of the senate, without debate.

        Any and all copies of reproductions of newspaper or magazine editorials, articles or cartoons or publications or material of any nature distributed to senators' desks must bear the name of at least one senator granting permission for the distribution. This shall not apply to materials normally distributed by the secretary of the senate or the majority or minority caucuses.


Comparing Enrolled and Engrossed Bills


        Rule 28.  Any senator shall have the right to compare an enrolled bill with the engrossed bill and may note any objections in the Journal.


SECTION IV

PARLIAMENTARY PROCEDURE

Rules of Debate


        Rule 29.  When any senator is about to speak in debate, or submit any matter to the senate, the senator shall rise, and standing in place, respectfully address the President, and when recognized shall, in a courteous manner, speak to the question under debate, avoiding personalities.;provided that a senator may refer to another member using the title “Senator” and the surname of the other member. No senator shall impeach the motives of any other member or speak more than twice (except for explanation) during the consideration of any one question, on the same day or a second time without leave, when others who have not spoken desire the floor, but incidental and subsidiary questions arising during the debate shall not be considered the same question. A majority of the members present may further limit the number of times a member may speak on any question and may limit the length of time a member may speak but, unless a demand for the previous question has been sustained, a member shall not be denied the right to speak at least once on each question, nor shall a member be limited to less than three minutes on each question. In any event, the senator who presents the motion may open and close debate on the question.


Recognition by the President


        Rule 30.  When two or more senators rise at the same time to address the chair, the president shall name the one who shall speak first, giving preference, when practicable, to the mover or introducer of the subject under consideration.


Call for Division of a Question


        Rule 31.  Any senator may call for a division of a question, which shall be divided if it embraces subjects so distinct that one being taken away a substantive proposition shall remain for the decision of the senate; but a motion to strike out and insert shall not be divided.


Point of Order - Decision Appealable


        Rule 32.  Every decision of points of order by the president shall be subject to appeal by any senator, and discussion of a question of order shall be allowed. In all cases of appeal the question shall be: "Shall the decision of the chair stand as the judgment of the senate?"



Question of Privilege


        Rule 33.  Any senator may rise to a question of privilege and explain a personal matter by leave of the president, but shall not discuss any pending question in such explanations, nor shall any question of personal privilege permit any senator to introduce any person or persons in the galleries. The president upon notice received may acknowledge the presence of any distinguished person or persons.

        A question of privilege shall involve only subject matter which affects the particular senator personally and in a manner unique and peculiar to that senator.


Protests


        Rule 34.  Any senator or senators may protest against the action of the senate upon any question. Such protest may be entered upon the journal if it does not exceed 200 words. The senator protesting shall file the protest with the secretary of the senate within 48 hours following the action protested.


Adoption and Suspension of Rules


        Rule 35.  1.             The permanent senate rules adopted at the first regular session during a legislative biennium shall govern any session subsequently convened during the same legislative biennium. Adoption of permanent rules may be by majority of the senate without notice and a majority of the senate may change a permanent rule without notice at the beginning of any session, as determined pursuant to Article 2, Section 12 of the State Constitution. No permanent rule or order of the senate shall be rescinded or changed without a majority vote of the members, and one day's notice of the motion.

        2.             A permanent rule or order may be temporarily suspended for a special purpose by a vote of two-thirds of the members present unless otherwise specified herein. When the suspension of a rule is called, and after due notice from the president no objection is offered, the president may announce the rule suspended, and the senate may proceed accordingly. Motion for suspension of the rules shall not be debatable, except, the mover of the motion may briefly explain the purpose of the motion and at the discretion of the president a rebuttal may be allowed.


Previous Question


        Rule 36.  The previous question shall not be put unless demanded by three senators, and it shall then be in this form: "Shall the main question be now put?" When sustained by a majority of senators present it shall preclude all debate, except the senator who presents the motion may open and close debate on the question and the vote shall be immediately taken on the question or questions pending before the senate, and all incidental question or questions of order arising after the motion is made shall be decided whether on appeal or otherwise without debate.


Reconsideration


        Rule 37.  1.             After the final vote on any measure, before the adjournment of that day's session, any member who voted with the prevailing side may give notice of reconsideration unless a motion to immediately transmit the measure to the house has been decided in the affirmative and the measure is no longer in possession of the senate. Such motion to reconsider shall be in order only under the order of motions of the day immediately following the day upon which such notice of reconsideration is given, and may be made by any member who voted with the prevailing side.

        2.             A motion to reconsider shall have precedence over every other motion, except a motion to adjourn; and when the senate adjourns while a motion to reconsider is pending or before passing the order of motions, the right to move a reconsideration shall continue to the next day of sitting. On and after the tenth day prior to adjournment sine die of any session, as determined pursuant to Article 2, Section 12, or concurrent resolution, or in the event that the measure is subject to a senate rule or resolution or a joint rule or concurrent resolution, which would preclude consideration on the next day of sitting a motion to reconsider shall only be in order on the same day upon which notice of reconsideration is given and may be made at any time that day. Motions to reconsider a vote upon amendments to any pending question may be made and decided at once.

Motion to Adjourn


        Rule 38.  Except when under call of the senate, a motion to adjourn shall always be in order. The name of the senator moving to adjourn and the time when the motion was made shall be entered upon the journal.


Yeas and Nays - When Must be Taken


        Rule 39.  The yeas and nays shall be taken when called for by one-sixth of all the senators present, and every senator within the bar of the senate shall vote unless excused by the unanimous vote of the members present, and the votes shall be entered upon the journal. (See also Art. 2, Sec. 21, State Constitution.)

        When once begun the roll call may not be interrupted for any purpose other than to move a call of the senate. (See also Senate Rules 22 and 24.)

Reed's Parliamentary Rules


        Rule 40.  The rules of parliamentary practice as contained in Reed's Parliamentary Rules shall govern the senate in all cases to which they are applicable, and in which they are not inconsistent with the rules and orders of this senate and the joint rules of this senate and the house of representatives.


SECTION V

COMMITTEES

Committees - Appointment and Confirmation


        Rule 41.  The president shall appoint all conference, special, joint and standing committees on the part of the senate. The appointment of the conference, special, joint and standing committees shall be confirmed by the senate.

        In the event the senate shall refuse to confirm any conference, special, joint or standing committee or committees, such committee or committees shall be elected by the senate.

        The following standing committees shall constitute the standing committees of the senate:

 

                         1.         Agriculture and ((Rural Economic Development))International Trade. . . . . . . . . . . . . . . . . . . . . .                    ((9))7

                         2.         ((Commerce, Trade, Housing and Financial Institutions))

                                      Economic Development and Telecommunications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                   ((11))9

                         3.         Education. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                         13

                       ((4.         Energy , Technology,and Telecommunications. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                         7))

                  ((5))4.         Environment((al Quality)),Energy and Water ((Resources)). . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                    ((7))9

                  ((6))5.         Health and Long-Term Care. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                            7

                  ((7))6.         Higher Education. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  ((11))9

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

                  ((9))8.         Judiciary. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                ((12))11

                ((10))9.         Labor ((and Workforce Development)),Commerce and Financial Institutions. . . . . . . . . . . . . . . . ((6)) 13

              ((11))10.         Natural Resources, Parks and ((Recreation))Shorelines.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                           9

              ((12))11.         Rules. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                          16

              ((13))12.         State and Local Government. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                   ((7))11

              ((14))13.         Transportation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                 ((20))17

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


Subcommittees


        Rule 42.  Committee chairs may create subcommittees of the standing committee and designate subcommittee chairs thereof to study subjects within the jurisdiction of the standing committee. The committee chair shall approve the use of committee staff and equipment assigned to the subcommittee. Subcommittee activities shall further be subject to facilities and operations committee approval to the same extent as are the actions of the standing committee from which they derive their authority.


Subpoena Power


        Rule 43.  Any of the above referenced committees, including subcommittees thereof, or any special committees created by the senate, may have the powers of subpoena, the power to administer oaths, and the power to issue commissions for the examination of witnesses in accordance with the provisions of chapter 44.16 RCW. The committee chair shall file with the committee on rules, prior to issuance of any process, a statement of purpose setting forth the name or names of those subject to process. The rules committee shall consider every proposed issuance of process at a meeting of the rules committee immediately following the filing of the statement with the committee. The process shall not be issued prior to consideration by the rules committee. The process shall be limited to the named individuals and the committee on rules may overrule the service on an individual so named.


Duties of Committees


        Rule 44.  The several committees shall fully consider measures referred to them.

        The committees shall acquaint themselves with the interest of the state specially represented by the committee, and from time to time present such bills and reports as in their judgment will advance the interests and promote the welfare of the people of the state: PROVIDED, That no executive action on bills may be taken during an interim.


Committee Rules


        Rule 45.  1.             At least five days notice shall be given of all public hearings held by any committee other than the rules committee. Such notice shall contain the date, time and place of such hearing together with the title and number of each bill, or identification of the subject matter, to be considered at such hearing. By a majority vote of the committee members present at any committee meeting such notice may be dispensed with. The reason for such action shall be set forth in a written statement preserved in the records of the meeting.

        2.             No committee may hold a public hearing during a regular or extraordinary session on a proposal identified as a draft unless the draft has been made available to the public at least twenty-four hours prior to the hearing. This rule does not apply during the five days prior to any cutoff established by concurrent resolution nor does it apply to any measure exempted from the resolution.

        3.             During its consideration of or vote on any bill, resolution or memorial, the deliberations of any committee or subcommittee of the senate shall be open to the public. In case of any disturbance or disorderly conduct at any such deliberations, the chair shall order the sergeant at arms to suppress the same and may order the meeting closed to any person or persons creating such disturbance.

        4.             A majority of any committee shall constitute a quorum. Committees shall be considered to have a quorum present unless the question is raised. No committee shall transact official business absent a quorum except to conduct a hearing.

        5.             Bills reported to the senate from a standing committee must have a majority report, which shall be prepared upon a printed standing committee report form; shall carry one, or more as appropriate, of the following recommendations, shall be adopted at a regularly or specially called meeting during a legislative session and shall be signed by a majority of the committee:

                        a.             Do pass.

                        b.             Do pass as amended.

                        c.             That a substitute bill be substituted therefor, and the substitute bill do pass.

                        d.             That the bill be referred to another committee.

                        e.             Without recommendation.

        6.             A majority report of a committee must carry the signatures of a majority of the members of the committee. In the event a committee has a quorum pursuant to subsection 3 of this rule, a majority of the members present may act on a measure, subject to obtaining the signatures of a majority of the members of the committee on the majority report.

        7.             Any measure which does not receive a majority vote of the members present may be reconsidered at that meeting and may again be considered upon motion of any committee member if one day's notice of said motion is provided to all committee members.

        8.             Members of the committee not concurring in the majority report may prepare a written minority report containing a different recommendation which shall be signed by those members of the committee subscribing thereto.

        9.             When a committee reports a substitute for an original bill with the recommendation that the substitute bill do pass, it shall be in order to read the substitute bill the first time and have the same ordered printed.

        A motion for the substitution of the substitute bill for the original bill shall not be in order until the committee on rules places the original bill on the second reading calendar.

        10.           No vote in any committee shall be taken by secret ballot nor shall any committee have a policy of secrecy as to any vote on action taken in such committee.

        11.           All reports of standing committees must be on the secretary's desk one hour prior to convening of the session in order to be read at said session.


Committee Meetings During Sessions


        Rule 46.  No committee shall sit during the daily session of the senate unless by special leave.

        No committee shall sit during any scheduled caucus.


Reading of Reports


        Rule 47.  The majority report, and minority report, if there be one, together with the names of the signers thereof, shall be read by the secretary, unless the reading be dispensed with by the senate, and all committee reports shall be spread upon the journal.


Recalling Bills from Committees


        Rule 48.  Any standing committee of the senate may be relieved of further consideration of any bill, regardless of prior action of the committee, by a majority vote of the senators elected or appointed. The senate may then make such orderly disposition of the bill as they may direct by a majority vote of the members of the senate.


Bills Referred to Rules Committee


        Rule 49.  All bills reported by a committee to the senate shall then be referred to the committee on rules for second reading without action on the report unless otherwise ordered by the senate. (See also Rules 63 and 64.)


Rules Committee


        Rule 50.  The lieutenant governor shall be a voting member and the chair of the committee on rules. The committee on rules shall have charge of the daily second and third reading calendar of the senate and shall direct the secretary of the senate the order in which the bills shall be considered by the senate and the committee on rules shall have the authority to directly refer any bill before them to any other standing committee. Such referral shall be reported out to the senate on the next day's business.

        The senate may change the order of consideration of bills on the second or third reading calendar.

        The calendar, except in emergent situations, as determined by the committee on rules, shall be on the desks and in the offices of the senators each day and shall cover the bills for consideration on the next following day.


Employment Committee


        Rule 51.  The employment committee for committee staff shall consist of five members, three from the majority party and two from the minority party. The chair shall be appointed by the majority leader. The committee shall, in addition to its other duties, appoint a staff director for committee services with the concurrence of four of its members. All other decisions shall be determined by majority vote. The committee shall operate within staffing, budget levels and guidelines as authorized and adopted by the facilities and operations committee.


Committee of the Whole


        Rule 52.  At no time shall the senate sit as a committee of the whole.

        The senate may at any time, by the vote of the majority of the members present, sit as a body for the purpose of taking testimony on any measure before the senate.


Appropriation Budget Bills


        Rule 53.  No amendment to the budget, capital budget or supplemental budget, not incorporated in the bill as reported by the ways and means committee, shall be adopted except by the affirmative vote of sixty percent of the senators elected or appointed.


SECTION VI

BILLS, RESOLUTIONS, MEMORIALS AND GUBERNATORIAL APPOINTMENTS


Definitions


        Rule 54.  "Measure" means a bill, joint memorial, joint resolution, or concurrent resolution.

        "Bill" when used alone means bill, joint memorial, joint resolution, or concurrent resolution.

        "Majority" shall mean a majority of those members present unless otherwise stated.


Prefiling


        Rule 55.  Holdover members and members-elect to the senate may prefile bills with the secretary of the senate on any day commencing with the first Monday in December preceding any session year; or twenty days prior to any special session of the legislature. Such bills will be printed, distributed and prepared for introduction on the first legislative day. No bill, joint memorial or joint resolution shall be prefiled by title and/or preamble only. (See also Rule 3, Sub. 3.)


Introduction of Bills


        Rule 56.                 All bills, joint resolutions and joint memorials introduced shall be endorsed with a statement of the title and the name of the member introducing the same. Any member desiring to introduce a bill, joint resolution or joint memorial shall file the same with the secretary of the senate by noon of the day before the convening of the session at which said bill, joint resolution or joint memorial is to be introduced.

        After the expiration of deadlines for bill introductions provided for by resolution, no bill shall be introduced, except as the legislature shall direct by a vote of two-thirds of all the members elected to each house, said vote to be taken by yeas and nays and entered upon the journal, or unless the same be at a special session. The time limitation for introduction of bills shall not apply to substitute bills reported by standing committees for bills pending before such committees and general appropriation and revenue bills. (See also Art. 2, Sec. 36, State Constitution.)


Amendatory Bills


        Rule 57.  Bills introduced in the senate intended to amend existing statutes shall have the words which are amendatory to such existing statutes underlined. Any matter to be deleted from the existing statutes shall be indicated by setting such matter forth in full, enclosed by double parentheses, and such deleted matter shall be lined out with hyphens. No bill shall be printed or acted upon until the provisions of this rule shall have been complied with.

        Sections added by amendatory bill to an existing act, or chapter of the official code, need not be underlined but shall be designated "NEW SECTION" in upper case type and such designation shall be underlined. New enactments need not be underlined.


Joint Resolutions and Memorials


        Rule 58.  Joint resolutions and joint memorials, up to the signing thereof by the president of the senate, shall be subject to the rules governing the course of bills.


Senate Concurrent Resolutions


        Rule 59.  Concurrent resolutions shall be subject to the rules governing the course of bills and may be adopted without a roll call. Concurrent resolutions authorizing investigations and authorizing the expenditure or allocation of any money must be adopted by roll call and the yeas and nays recorded in the journal. Concurrent resolutions are subject to final passage on the day of the first reading without regard to Senate Rule 62.


Committee Bills


        Rule 60.  Committee bills introduced by a standing committee during a legislative session may be filed with the secretary of the senate and introduced, and the signature of each member of the committee shall be endorsed upon the cover of the original bill.

        Committee bills shall be read the first time by title, ordered printed, and referred to the committee on rules for second reading.


Committee Reference


        Rule 61.  When a motion is made to refer a subject, and different committees are proposed, the question shall be taken in the following order:


FIRST:            A standing committee.

SECOND:      A select committee.


Reading of Bills


        Rule 62.  Every bill shall be read on three separate days unless the senate deems it expedient to suspend this rule. On and after the tenth day preceding adjournment sine die of any session, or three days prior to any cut-off date for consideration of bills, as determined pursuant to Article 2, Section 12 of the Constitution or concurrent resolution, this rule may be suspended by a majority vote. (See also Rule 59).


First Reading


        Rule 63.  The first reading of a bill shall be by title only, unless a majority of the members present demand a reading in full.

        After the first reading, bills shall be referred to an appropriate committee pursuant to Rule 61.

        Upon being reported back by committee, all bills shall be referred to the committee on rules for second reading, unless otherwise ordered by the senate. (See Rule 49.)

        A bill shall be reported back by the committee chair upon written petition therefor signed by a majority of its members. The petition shall designate the recommendation as provided in Rule 45, Sub. 4.

        No committee chair shall exercise a pocket veto of any bill.

        Should there be a two-thirds majority report of the committee membership against the bill, a vote shall be immediately ordered for the indefinite postponement of the bill.


Second Reading/Amendments


        Rule 64.  Upon second reading, the bill shall be read section by section, in full, and be subject to amendment.

        Any member may, if sustained by three members, remove a bill from the consent calendar as constituted by the committee on rules. A bill removed from the consent calendar shall take its place as the last bill in the order of consideration of bills on the second reading calendar.

        No amendment shall be considered by the senate until it shall have been sent to the secretary's desk in writing and read by the secretary.

        All amendments adopted on the second reading shall then be securely fastened to the original bill.

        All amendments rejected by the senate shall be spread upon the journal, and the journal shall show the disposition of all amendments.

        When no further amendments shall be offered, the president shall declare the bill has passed its second reading, and shall be referred to the committee on rules for third reading.


Third Reading


        Rule 65.  Bills on third reading shall be read in full by sections, and no amendment shall be entertained.

        When a bill shall pass, it shall be certified to by the secretary, together with the vote upon final passage, noting the day of its passage thereon.

        The vote must be taken by yeas and nays, the names of the senators voting for and against the same to be entered upon the journal and the majority of the members elected to the senate must be recorded thereon as voting in its favor to secure its passage by the senate.


Scope and Object of Bill Not to be Changed


        Rule 66.  No amendment to any bill shall be allowed which shall change the scope and object of the bill. (See also Art. 2, Sec. 38, State Constitution.) Substitute bills shall be considered amendments for the purposes of this rule. A point of order raising the question of scope and object may be raised at any time during consideration of an amendment prior to voting on the amendment.


Matters Related to Disagreement Between the Senate and House


        Rule 67.  When there is a disagreement between the senate and house on a measure before the senate, the senate may act upon the measure with the following motions which have priority in the following order:

        To concur

        To non-concur

        To recede

        To insist

        To adhere

        These motions are in order as to any single amendment or to a series of amendments. (See Reed's Rules 247 through 254.)

        A senate bill, passed by the house with amendment or amendments which shall change the scope and object of the bill, upon being received in the senate, shall be referred to an appropriate committee and shall take the same course as for original bills, unless a motion to ask the house to recede, to insist or to adhere is made prior to the measure being referred to committee.


Bills Committed for Special Amendment


        Rule 68.  A bill may be committed with or without special instructions to amend at any time before taking the final vote.


Confirmation of Gubernatorial Appointees


        Rule 69.  When the names of appointees to state offices are transmitted to the Secretary of the Senate for senate confirmation, the communication from the governor shall be recorded and referred to the appropriate standing committee.

        The standing committee, or subcommittee, pursuant to rule 42, shall require each appointee referred to the committee for consideration to complete the standard questionnaire to be used to ascertain the appointee's general background and qualifications. The committee may also require the appointee to complete a supplemental questionnaire related specifically to the qualifications for the position to which he has been appointed.


        Any hearing on a gubernatorial appointment, held by the standing committee, or subcommittees, pursuant to rule 42, shall be a public hearing. The appointee may be required to appear before the committee on request. When appearing, the appointee shall be required to testify under oath or affirmation. The chair of the committee or the presiding member shall administer the oath or affirmation in accordance with RCW 44.16. (See also Article 2, Sec. 6 of the State Constitution.)

        Nothing in this rule shall be construed to prevent a standing committee, or subcommittee, pursuant to rule 42, upon a two-thirds vote of its members, from holding executive sessions when considering an appointment.

        When the committee on rules presents the report of the standing committee before the senate, the question shall be the confirmation of the name proposed, and the roll shall then be called and the yeas and nays entered upon the journal. In the event a message is received from the governor requesting return of an appointment or appointments to the office of the governor prior to confirmation, the senate shall vote upon the governor's request and the appointment or appointments shall be returned to the governor if the request is approved by a majority of the members elected or appointed. (Article 13 of the State Constitution.)


MOTION


        Senator West moved that the following amendments be considered simultaneously and be adopted:

        On page 20, line 31, strike “16" and insert “17"

         On page 21, line 1, strike “17" and insert “19"

         On page 21, line 2, strike “21" and insert “23"

        Debate ensued.

        The President Pro Tempore declared the question before the Senate to be the adoption of the amendments by Senator West on page 20, line 31; page 21, line 1; and page 21, line 2; to Senate Resolution 2001-8601.

        The motion by Senator West failed and the amendments were not adopted.


        The President Pro Tempore declared the question before the Senate to be the motion by Senator Snyder to adopt Senate Resolution 2001-8601.

        The motion by Senator Snyder carried and Senate Resolution 2001-8601 was adopted.


MOTION


        On motion of Senator Betti Sheldon, the Senate reverted to the sixth order of business.


SECOND READING


        SENATE CONCURRENT RESOLUTION NO. 8401, by Senators Snyder, West, Spanel, Hale and B. Sheldon


        Adopting Joint Rules


        The concurrent resolution was read the second time.


        BE IT RESOLVED, By the Senate of the state of Washington, the House of Representatives concurring, That the following be adopted as the Joint Rules of the Fifty-Seventh Legislature:


JOINT RULES

OF THE SENATE AND THE

HOUSE OF REPRESENTATIVES

FIFTY-SEVENTH LEGISLATURE

2001


JOINT RULE NO.

        Rule 1    Ethics.

        Rule 2    Prohibited political activity.

        Rule 3    Employee protection.

        Rule 4    Legislative questionnaires.

        Rule 5    Sessions of the legislature.

        Rule 6    Joint session.

        Rule 7    Motions for joint session.

        Rule 8    Business limited.

        Rule 9    Joint legislative committees.

        Rule 10  Joint committee hearings.

        Rule 11  Joint and concurrent resolutions: Memorials.

        Rule 12  Amendatory bills.

        Rule 13  Bills, how drawn.

        Rule 14  Amendments to state Constitution: Action by legislature.

        Rule 15  Publicity of proposed amendments to state Constitution.

        Rule 16  Initiative petition before the legislature.

        Rule 17  Conference committee.

        Rule 18  Failure to agree.

        Rule 19  Report of conference committee, how made out; whom returned to.

        Rule 20  Adoption of reports.

        Rule 21  Messages between the two houses.

        Rule 22  Bills to be engrossed.

        Rule 23  Final action on bills, how communicated.

        Rule 24  Enrolled bills--Presiding officer to sign.

        Rule 25  Disposition of enrolled bills

        Rule 26  Adjournment.

        Rule 27  Adjournment sine die.

        Rule 28  Each house judge of its own membership.

        Rule 29  Convening special legislative sessions.

        Rule 30  Amendments to joint rules.

        Rule 31  Joint rules to apply for biennium.

Ethics

        Rule 1.    Legislators and legislative employees are subject to the provisions of the Ethics in Public Service Act, chapter 42.52 RCW. The house of representatives and senate may impose disciplinary action for violations of the act. Disciplinary actions for violation include: In the case of a legislator, reprimand, censure, or expulsion, and when applicable, restitution; and in the case of a legislative employee, reprimand, suspension, or dismissal, and when applicable, restitution.


Prohibited Political Activity

        Rule 2.    (1) A legislator shall not knowingly solicit, directly or indirectly, a political contribution from a legislative employee.

        (2) A legislative employee shall not knowingly solicit or accept contributions for any candidate or political committee during working hours. At no time shall a legislative employee directly or indirectly solicit a contribution from another legislative employee for any legislative candidate, caucus political committee, or leadership political committee, nor coerce another employee into making a contribution to any candidate or political committee. No legislative employee, as a condition of becoming or remaining employed, may directly or indirectly be required to make any contribution to a political candidate, committee, or party.


Employee Protection

        Rule 3.    No retaliation shall be permitted against any legislative employee for reporting in good faith the violation of any policy or law.


Legislative Questionnaires

        Rule 4.    (1) The use of public funds by a legislator for questionnaires distributed by regular mail or electronic means is authorized only if the following criteria are met:

        (a)           The questionnaire is limited to soliciting opinions or facts relating to legislative issues or studies;

        (b)           The questionnaire is specifically authorized by the legislator and the identity of the legislator sponsoring the questionnaire is disclosed on the questionnaire; and

        (c)           The questionnaire complies with all other pertinent statutes, rules, and policies, including the restrictions in subsection (2) of this rule on when questionnaires can be mailed.

        (2)(a)       During the twelve-month period beginning on December 1st of the year before a general election for a legislator's election to office and continuing through November 30th immediately after, mass mailing by regular or electronic means of a questionnaire is allowed only if it is included in the identical newsletter to constituents permitted at the beginning of a legislative session under RCW 42.52.185.

        (b)           In any year in which a legislator is a candidate for another public office, no questionnaire may be sponsored by or authorized on behalf of such legislator during the period between June 1st and the general election of that year, or in the event of a special election, during the period between sixty days before the election or the date of the legislator's filing for the office, whichever occurs later, and the special election.

        (3)           The use of public funds by a legislative committee, for questionnaires distributed by regular mail or electronic means, is authorized only if the following criteria are met:

        (a)           The questionnaire is limited to soliciting opinions or facts relating to legislative issues or studies;

        (b)           The questionnaire is authorized by the committee membership and the identity of the committee sponsoring the questionnaire is disclosed on the questionnaire;

        (c)           The questionnaire complies with all other pertinent statutes, rules, and policies; and

        (d)           The questionnaire is approved by the secretary of the senate or the chief clerk of the house of representatives, as appropriate.


Sessions of the Legislature

        Rule 5.    The sessions of the legislature shall be held annually, convening at 12:00 o'clock noon on the second Monday of January each year, as provided by RCW 44.04.010 in accordance with Art. 2, section 12 of the state Constitution.


Joint Session

        Rule 6.    Whenever there shall be a joint session of the two houses, the proceedings shall be entered at length upon the journal of each house. The lieutenant governor or president of the senate shall preside over such joint session, and the clerk of the house of representatives shall act as the clerk thereof, except in the case of the joint session held for the purpose of canvassing the votes of constitutional elective state officers, when the speaker shall preside over such joint sessions. The lieutenant governor in no case shall have the right to give the deciding vote.


Motions for Joint Session

        Rule 7.    All motions for a joint session shall be made by concurrent resolution to be introduced by the house in which such joint session is to be held; and when an agreement has once been made, it shall not be altered or annulled, except by concurrent resolution.


Business Limited

        Rule 8.    No business shall be considered in joint session other than that which may be agreed upon before the joint session is called.


Joint Legislative Committees

        Rule 9.    Joint legislative committees may be created by concurrent resolution originating in either house and passed by a majority vote of both houses.

        Joint legislative committees 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 joint legislative committee may issue any process, the committee chairperson shall submit for approval of both the executive rules committee of the house of representatives and the rules committee of the senate, 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 both the executive rules committee of the house of representatives and the rules committee of the senate. The process shall be limited to the named individuals.


Joint Committee Hearings

        Rule 10.  All public hearings held by joint committees or held jointly by house of representatives and senate standing committees shall be scheduled in accordance with the public notice requirements of both the senate and the house of representatives.


Joint and Concurrent Resolutions; Memorials

        Rule 11.  All memorials and resolutions from the legislature addressed to the President of the United States, to the Congress or either house thereof, to any other branch of the Federal government, to any other branch of state government, or to any unit of local government shall be in the form of joint memorials. Proposed amendments to the state Constitution shall be in the form of joint resolutions. Business between the two houses such as joint sessions, amendments to redistricting plans submitted by a redistricting commission created under chapter 44.05 RCW, adopting or amending joint rules, creating or empowering joint committees, opening and closing business of the legislature and all such related matters shall be in the form of concurrent resolutions. Joint memorials, joint resolutions, and concurrent resolutions, up to and including the signing thereof by the presiding officer of each house, shall be subject to the rules governing the course of bills. Concurrent resolutions may be adopted without a roll call. Concurrent resolutions amending a redistricting plan submitted by a redistricting commission, authorizing investigations or authorizing the expenditure or allocation of any money must be adopted by roll call, and the yeas and nays recorded in the journal. Concurrent resolutions amending a redistricting plan as well as all amendments to those resolutions must be agreed to by two-thirds of the members elected or appointed to each house.


Amendatory Bills

        Rule 12.  All amendatory bills shall refer to the section or sections of the official codes and statutes of Washington, and supplements thereto and to the respective Session Laws, to be amended.


Bills, How Drawn

        Rule 13.  Bills introduced in either house intended to amend existing statutes shall have the words which are amendatory to such existing statutes underlined. Any matter to be deleted from the existing statutes shall be indicated by lining out such matter with a broken line and enclosing the lined out material within double parentheses, and no bill shall be printed or acted upon until the provisions of this rule shall have been complied with.

        New sections need not be underlined but shall be designated "NEW SECTION." in upper case type and such designation shall be underlined.

        Sections of a bill that repeal a prior enactment shall include the section caption accompanying the section in the Revised Code of Washington.

        No bill shall be introduced by title only, and, in the event a bill is not complete, at least section 1 shall be set forth in full before the bill may be accepted for introduction.

        Amendments to bills will be acted upon in the manner provided in the Rules of the Senate and in the Rules of the House of Representatives. No amendment to a bill shall be considered which strikes the entire subject matter of a bill, and substitutes in lieu thereof entirely new subject matter not germane to the original or engrossed bill.


Amendments to State Constitution; Action by Legislature

        Rule 14.  Amendments to the state Constitution may be proposed in either branch of the legislature by joint resolution; and if the same shall be agreed to by two-thirds of the members elected to each of the two houses, such proposed amendment or amendments shall be entered on their respective journals with the ayes and nays thereon. (Const., art. 23, sec. 1.)


Publicity of Proposed Amendments to State Constitution

        Rule 15.  The legislature shall provide methods of publicity of all laws or parts of laws, and amendments to the Constitution referred to the people with arguments for and against the laws and amendments so referred, so that each voter of the state shall receive the publication as soon as possible before the election at which they are to be voted upon. (Const., art. 2, sec. 1e.)


Initiative Petition Before the Legislature

        Rule 16.  Initiative petitions filed with the secretary of state not less than ten days before any regular session of the legislature shall take precedence over all other measures in the legislature except appropriation bills and shall be either enacted or rejected without change or

amendment by the legislature before the end of such regular session. Upon certification from the secretary of state that an initiative to the legislature has received sufficient valid signatures, the secretary of state shall submit certified copies of the said initiative to the state senate and the house of representatives. Upon receipt of said initiative, each body of the legislature through its presiding officers shall refer the certified copies of the initiative to a proper committee.

        Upon receipt of a committee report on an initiative to the legislature, each house shall treat the measure in the same manner as bills, memorials and resolutions, except that initiatives cannot be placed on the calendar for amendment. After the action of each body has been recorded on the final passage or any other action by resolution or otherwise which may refer the initiative to the people has been recorded, the president and secretary of the senate and the speaker and chief clerk of the house of representatives will certify, each for its own body, to the secretary of state the action taken. (Const., art. 2, sec. 1a.)


Conference Committee

        Rule 17.  (1) In every case of difference between the two houses, upon any subject of legislation, either house may request a conference and appoint a committee for that purpose, and the other house may grant the request for a conference and appoint a committee to confer. The senate shall appoint a committee of three with two members from the majority caucus and one from the minority caucus. The house of representatives shall appoint a committee of four with two members from each political caucus. The committees, at the earliest possible hour, shall confer upon the differences between the two houses indicated by the amendment or amendments adopted in one house and rejected in the other.

        (2)           Conference committee deliberations shall be conducted in a manner consistent with the provisions of Senate Rule 45(3) and House Rule 24(8) applicable to deliberations of standing committees.

        (3)           Public notice of a conference committee meeting shall be given by the secretary of the senate, for house bills, and the chief clerk of the house of representatives, for senate bills, prior to the convening of the meeting as follows:

        (a)           By posting a written notice in the following locations:

        (i)            The office of the secretary or clerk, as appropriate;

        (ii)           Near the doors of the appropriate chamber;

        (iii)          The legislative bill room; or

        (iv)          The public legislative message center;

        (b)           By announcing meetings during sessions of the senate and house of representatives; or

        (c)           By posting meeting notices on the legislature's electronic mail system.

        (4)           The papers shall be left with the conferees of the house of representatives if a senate bill, and with the conferees of the senate, if a house bill, and the holders of the papers shall first present the report of the committee to their house. Every report of a conference committee must have the signatures of a majority of the conference committee members of each house. Conference committee reports must be signed at a meeting duly convened by the chief clerk of the house of representatives for senate bills or the secretary of the senate for house bills.


Failure to Agree

        Rule 18.  In case of failure of the conferees to agree on matters directly at issue between the two houses, the committee may in addition consider new proposed items within the scope and object of the bill in conference. A report proposing new items shall include all amendments to the bill or resolution agreed upon by the conference committee. The proposed report may be in the form of a new bill or resolution and such report must have the signatures of a majority of the members of the committee appointed from each house.


Report of Conference Committee, How

Made Out; Whom Returned to

        Rule 19.  The conference committee shall submit the bill as amended together with three signed copies of its report to the house of representatives if a senate bill, and to the senate, if a house bill. A copy of the report shall be placed upon the desk of each member of the legislature at the time the report is received by this house. If this house acts to approve the report and pass the bill as amended, it shall then transmit its action, the bill, and two copies of the report to the other house.


Adoption of Reports

        Rule 20.  No floor vote may be taken on any conference committee report without a distribution to all members of a summary of additions, changes, and deletions made by the conference committee with a reference in each instance to the page and line number or numbers in the report containing said additions, changes, or deletions. The clerk and the secretary shall place the reports on the desks of the members as soon as possible.

        Each house shall have twenty-four hours from the time of proper receipt, by the chief clerk of the house of representatives and the secretary of the senate, and by distribution to the desks of the members before considering reports from a conference committee which has proposed new items within the scope and object of the bill in conference.

        The foregoing provision relating to twenty-four hour intervals may be suspended by the senate or the house of representatives by two-thirds vote of the members present, and such suspension shall apply only to the house voting to suspend this provision.

        The report must be voted upon in its entirety and cannot be amended. The report of a conference committee may be adopted by acclamation.

        Passage of a bill as amended by conference report shall be by roll call and ayes and nays shall be entered on the journals of the respective house. Passage requires a constitutional majority in both houses, except in the case of constitutional amendments, which require a two-thirds vote.


Messages Between the Two Houses

        Rule 21.  Messages from the senate to the house of representatives shall be delivered by the secretary or the secretary's designee, and messages from the house of representatives to the senate shall be delivered by the chief clerk or the chief clerk's designee.


Bills to be Engrossed

        Rule 22.  Any bill amended in the house of its origin shall be engrossed before being transmitted to the other house. The secretary or clerk of the receiving house, as the case may be, may waive the right to receive an engrossed bill.


Final Action on Bills, How Communicated

        Rule 23.  Each house shall communicate its final action on any bill or resolution, or matter in which the other may be interested, in writing, signed by the secretary or clerk of the house from which such notice is sent.


Enrolled Bills - Presiding Officer to Sign

        Rule 24.  After a bill shall have passed both houses and all amendments have been engrossed therein, it shall be signed by the presiding officer of each house in open session, first in the house in which it originated. The secretary of the senate or the chief clerk of the house of representatives shall present the original bill to the governor for signature.


Disposition of Enrolled Bills

        Rule 25.  Whenever any bill shall have passed both houses, the house transmitting the bill in its final form to the governor shall also file with the secretary of state a copy of the bill together with the history of such bill up to the time of transmission to the governor.


Adjournment

        Rule 26.  Neither house shall adjourn for more than three days, nor to any place other than that in which they may be sitting, without the consent of the other. (Const., art. 2, sec. 11.)


Adjournment Sine Die

        Rule 27.  Adjournment sine die shall be made only by concurrent resolution.


Each House Judge of Its Own Membership

        Rule 28.  Each house of the legislature is the judge of the qualifications and election of its members, and shall try all contested elections of its members in such manner as it may direct. (Const., art. 2, sec. 8.)


Convening Special Legislative Sessions

        Rule 29.  The legislature may convene a special legislative session as follows:

        (1)           A resolution calling for convening a special legislative session shall set forth the date and time for convening the session, the duration of the session which shall not exceed thirty days, together with the purpose or purposes for which such session is called. Members of the house of representatives or senate may present a proposed resolution for the convening of a special legislative session to the committee on rules of their respective houses.

        (2)           The authority to place a resolution convening a special legislative session before the legislature is vested in the committee on rules of the house of representatives and the committee on rules of the senate.

        (3)           Upon a majority vote of both the committee on rules of the house of representatives and the committee on rules of the senate in favor of a resolution convening a special legislative session, a vote of the house of representatives and senate shall be taken on such resolution.

        (4)           The chief clerk of the house of representatives and the secretary of the senate shall conduct the vote on the resolution by written ballot of the members of their respective houses under such procedures as may be ordered by the committee on rules of their house. The results of such vote shall be transmitted to the members of the legislature and shall be a public record and shall be entered upon the journal of the house of representatives and senate at the convening of the next legislative session.

        (5)           If two-thirds of the members elected or appointed to each house vote in favor of the resolution, then a special legislative session shall be convened in accordance with the resolution. (Const., art. 2, sec. 12.)


Amendments to Joint Rules

        Rule 30.  These joint rules may be amended by concurrent resolution agreed to by a majority of the members of each house, provided one day's notice be given of the motion thereof.


Joint Rules to Apply for Biennium


        Rule 31.  The permanent joint rules adopted by the legislature shall govern any session called during the same legislative biennium.


MOTION


        On motion of Senator Snyder, the rules were suspended, Senate Concurrent Resolution No. 8401 was advanced to third reading, the second reading considered the third and the concurrent resolution was placed on final passage.


PARLIAMENTARY INQUIRY


        Senator Sheahan: “Thank you, Madam President. Did you call for discussion on this resolution?”


REPLY BY THE PRESIDENT PRO TEMPORE


        President Pro Tempore Franklin: “Discussion has been ongoing. If you have further discussion, I will take them at that time.”

        Senator Sheahan: “Thank you, Madam President.”

        There being no more further discussion, the President Pro Tempore declared the question before the Senate to be the adoption of Senate Concurrent Resolution No. 8401.

        SENATE CONCURRENT RESOLUTION NO. 8401 was adopted by voice vote. 


SECOND READING


        SENATE CONCURRENT RESOLUTION NO. 8402, by Senators Snyder, West, Spanel, Hale and B. Sheldon


        Establishing cutoff dates.


        The concurrent resolution was read the second time.


SENATE CONCURRENT RESOLUTION 8402


By Senators Snyder, West, Spanel, Hale and B. Sheldon


        WHEREAS, It is of paramount importance to establish cutoff dates for the consideration of legislation during the 2001 Regular Session of the Fifty-Seventh Legislature;

        NOW, THEREFORE, BE IT RESOLVED, By the Senate of the State of Washington, the House of Representatives concurring, That the following cutoff dates apply to all bills, memorials, and joint resolutions with the exception of budgets, matters necessary to implement budgets, initiatives to the legislature, and alternatives to initiatives to the legislature;

        (1) Tuesday, February 27, 2001, the fifty-first day, will be the final day to read in House Bill committee reports in the House of Representatives with the exception of reports from House fiscal committees; and, Wednesday, February 28, 2001, the fifty-second day, will be the final day to read in Senate Bill committee reports in the Senate with the exception of reports from the Senate Ways and Means and Senate Transportation committees;

        (2) Monday, March 5, 2001, the fifty-seventh day, will be the final day to read in Senate Ways and Means, Senate Transportation, and House of Representatives fiscal committee reports in the house of origin;

        (3) Wednesday, March 14, 2001, the sixty-sixth day, at 5:00 p.m., will be the final time to consider bills in their house of origin;

        (4) Friday, March 30, 2001, the eighty-second day, will be the final day to read in committee reports on bills from the opposite house with the exception of reports from the Senate Ways and Means, Senate Transportation, and House of Representatives fiscal committees;

        (5) Monday, April 2, 2001, the eighty-fifth day, will be the final day to read in Senate Ways and Means, Senate Transportation, and House of Representatives fiscal committee reports on bills from the opposite house; and

        BE IT FURTHER RESOLVED, That after 5:00 p.m. on Friday, April 13, 2001, the ninety-sixth day, neither house may consider any bills, memorials, or joint resolutions except initiatives to the legislature and alternatives to such initiatives, messages pertaining to amendments, matters of differences between the two houses, and matters incident to the interim and to the closing of the business of the 2001 Regular Session of the Legislature.


MOTION


        On motion of Senator Snyder, the rules were suspended, Senate Concurrent Resolution No. 8402 was advanced to third reading, the second reading considered the third and the concurrent resolution was placed on final passage.

        Debate ensued.

        The President Pro Tempore declared the question before the Senate to be the adoption of Senate Concurrent Resolution No. 8402.

        SENATE CONCURRENT RESOLUTION NO. 8401 was adopted by voice vote. 


MOTION


        On motion of Senator Snyder, the Senate advanced to the eighth order of business.


MOTION FOR RECONSIDERATION


        Having voted on the prevailing side, Senator Snyder moved to reconsider the vote by which Senate Resolution 2001-8601 was adopted earlier today.


REMARKS BY SENATOR SNYDER


        Senator Snyder: “Madam President, a word of explanation. The reason I am moving this for reconsideration is that the minority party wanted to offer an amendment to the rules that had to do with the rule change that changes the way we recognize members here on the floor--from referring them from district or from their county or city in order that we might recognize them by name. I think we should afford them the courtesy and we should reconsider the bill and allow the amendment to be put forward.”

        The President Pro Tempore declared the question before the Senate to be the motion by Senator Snyder to reconsider the vote by which Senate Resolution 2001-8601 was adopted.

        The motion by Senator Snyder for reconsideration carried.


MOTION


        Senator Benton moved that the following amendment be adopted:

         On page 16, lines 13 and 14, delete proposed change beginning with the words “Provided” on line 13 and ending with the word “member” on line 14

        Debate ensued.

        The President Pro Tempore declared the question before the Senate to be the adoption of the amendment by Senator Benton on page 16, lines 13 and 14, to Senate Resolution 2001-8601.

        The motion by Senator Benton failed and the amendment was not adopted.

        The President Pro Tempore declared the question before the Senate to be the adoption Senate Resolution 2001-8601, on reconsideration.

        Debate ensued.

        SENATE RESOLUTION 2001-8601, on reconsideration, was adopted by voice vote.


        Vice President Pro Tempore Shin assumed the Chair.


MOTION


        On motion of Senator Franklin, the following resolution was adopted:


SENATE RESOLUTION

2001-8603


By Senators Franklin, Sheahan, Johnson, Winsley, Fraser, Carlson, McAuliffe, Spanel, Snyder, Fairley, and Rasmussen


        WHEREAS, the life of Martin Luther King Jr. was dedicated to serving his fellow man; and

        WHEREAS, today we celebrate the birth of this man whose life, whose dream and whose work was dedicated to challenging us all to discover and honor our shared humanity; and

        WHEREAS, Service is a powerful way to commemorate not only the words and deeds of Dr. King, but to translate our reverence for his life and teachings into action to make our nation better; and

        WHEREAS, Service to others is a bond that unites us and helps us to create a vision of a common good; and

        WHEREAS, Dr. King believed that a person’s worth should not be measured by his or her color, culture or class, but rather by his or her commitment to making life better for all through service rendered to each other; and

        WHEREAS, a day of service reflecting the values and teachings of Dr. King would bring people together and help to break down the social and economic barriers that divide our nation; and

        WHEREAS, a commitment to bringing all of our people, regardless of race, creed, religion or station in life, together to face the challenges of this new century would honor Dr. King; and

        WHEREAS, Residents of Washington can help make service the common duty of all Americans on this holiday by making it a day of action, not apathy; 

        NOW, THEREFORE, BE IT RESOLVED, That the members of the Washington State Senate, on behalf of the people of our state, in recognition of the outstanding leadership and courage demonstrated by Martin Luther King Jr., honor his memory by urging all of the citizens of our state to make Martin Luther King Jr Day a day of service – a day on, not a day off.


        Senators Franklin, Sheahan, Kastama, Prentice and Shin spoke to Senate Resolution 2001-8603.


PERSONAL PRIVILEGE


        Senator West: “A point of personal privilege, Mr. President. Speaking on behalf of the entire Senate--and I believe I have license to do that in this particular case. The good Senator from the Twenty-fifth District has make his maiden speech and offended the entire body. Although his first speech was quite good on the person he was talking about, the mere fact is that he came before us today and spoke to this body. I believe he owes tribute to each and every Senator here. Sir, we expect that tribute promptly. In fact many of us--you may want to speak with the good Senator from the Fourth District in Spokane--otherwise known as Senator McCaslin. I think he has a special request of you, Sir. You may want to take care of that rather promptly.”


PERSONAL PRIVILEGE


        Senator Kastama: “A point of personal privilege, Mr. President. What form does this tribute take? Thank you.”


MOTION


        At 12:02 p.m., on motion of Senator Betti Sheldon, the Senate adjourned until 12:00 noon, Monday, January 15, 2001.


BRAD OWEN, President of the Senate


TONY M. COOK, Secretary of the Senate