NOTICE: Formatting and page numbering in this document are different from that in the original published version.


SIXTY-FIRST LEGISLATURE – REGULAR SESSION





FIFTEENTH DAY





House Chamber, Olympia, Monday, January 26, 2009


        The House was called to order at 10:00 a.m. by the Speaker (Representative Morris presiding). The Clerk called the roll and a quorum was present.


        The flags were escorted to the rostrum by the Washington Army National Guard Color Guard comprised of Master Sergeant Travis Austin, Sergeant First Class Trish Jennings, Staff Sergeant William Graak and Sergeant Ramon Castro. The National Anthem was performed by the 133rd Washington Army National Guard Band comprised of Sergeant First Class Jared Beck, Staff Sergeant Shawnee Phillips, Sergeant Patrick O’Hara, Sergeant Chris Walker and Sergeant Richard Little. The Speaker (Representative Morris presiding) led the Chamber in the Pledge of Allegiance. The prayer was offered by Chaplain Major Don Brewer, Washington Army National Guard.


        Reading of the Journal of the previous day was dispensed with and it was ordered to stand approved.


RESOLUTION


        HOUSE RESOLUTION NO. 2009-4602, by Representatives Shea, Driscoll, Rodne, Kelley, Klippert, Sells, Hope, Pettigrew, Armstrong, Sullivan, Crouse, Hunt, Johnson, Simpson, McCune, Orwall, Smith, Darneille, Warnick, Wallace, Campbell, Eddy, Ross, Seaquist, Orcutt, Nelson, Miloscia, Newhouse, Clibborn, Ericksen, Takko, Haler, McCoy, Maxwell, Blake, Morrell, Springer, Finn, Cody, Conway, Goodman, Probst, and Rolfes


        WHEREAS, Over eighty-six hundred men and women of the Washington National Guard continue to serve the country as guardians of American interests at home and abroad; and

        WHEREAS, These recognized leaders in state, regional, and national preparedness reside in every legislative district throughout Washington and volunteer their time and personal efforts to best serve the needs of the people of Washington state; and

        WHEREAS, The Washington National Guard have answered the state's call numerous times in response to firefighting and flood support efforts and to protect lives and property in both civil and natural emergencies and disasters, including the most recent challenges in Western Washington; and

        WHEREAS, The Washington Army and Air National Guard have provided critical mission support in both personnel and equipment to Operation Iraqi Freedom and Operation Enduring Freedom in Iraq and Afghanistan, respectively, and Operation Noble Eagle here at home; and

        WHEREAS, Members of the First Infantry Battalion, 161st Division of the Washington Army National Guard located in the cities of Kent, Bellingham, Spokane, Bremerton, Pasco, Moses Lake, Wenatchee, and Pullman are currently serving in support of Operation Iraqi Freedom in Iraq; and

        WHEREAS, The Washington Army and Air National Guard answered the call in support of hurricane relief efforts on the Gulf Coast resulting from Hurricanes Katrina, Rita, and Wilma and others; and

        WHEREAS, The Washington National Guard continues to train and prepare for both natural disasters and threats to our national security; and

        WHEREAS, The Washington National Guard continues to promote positive lifestyles and activities for Washington's youth through involvement in and support of highly effective drug prevention programs with school-aged children and community-based organizations, and now the work in preparation for the opening of the Washington Youth Academy; and

        WHEREAS, The Washington National Guard continues to actively participate in the state's counterdrug efforts by providing soldiers, airmen, and specialized equipment to over thirty-five local, state, and federal law enforcement agencies; and

        WHEREAS, The Washington National Guard adds value to communities by opening its readiness centers for public use, food banks, and other community and youth activities, and continues to build upon these readiness centers and armories throughout the state to enhance education, add to quality of life, and increase economic vitality;

        NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives of the State of Washington recognize the value and dedication of a strong Washington National Guard to the viability, economy, safety, security, and well-being of this state, both through the outstanding performance of its state emergency and disaster relief mission, and through the continued benefit to local communities by the presence of productively employed, drug-free, well-equipped, and trained Guard units and the readiness centers and armories that house them; and

        BE IT FURTHER RESOLVED, That the House of Representatives of the State of Washington honor the outstanding men and women of the Washington National Guard who have sacrificially dedicated their time, their resources, and their lives to ensure the future and well-being of the citizens of Washington state and this nation; and

        BE IT FURTHER RESOLVED, That the House of Representatives of the State of Washington express its thanks and appreciation to the devoted families and dedicated employers of our Washington National Guard soldiers and airmen for their support, without whom the Guard's missions could not be successful; and

        BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Chief Clerk of the House of Representatives to the Adjutant General of the Washington National Guard, the Governor of the State of Washington, the Secretaries of the United States Army and Air Force, and the President of the United States.


        Representative Shea moved adoption of House Resolution No. 4602.


        Representatives Shea, Driscoll, Klippert and Finn spoke in favor of adoption of the resolution.


        HOUSE RESOLUTION NO. 4602 was adopted.


SPEAKER'S PRIVILEGE


        The Speaker (Representative Morris presiding) welcomed Major General Timothy Lowenberg, thanked him for his service to the State of Washington and asked the members to acknowledge him.

        The Speaker (Representative Morris presiding) welcomed Mike Gregoire and asked the members to acknowledge him.

        The Speaker (Representative Morris presiding) recognized members of the Washington National Guard and asked the members to acknowledge them for their service to the State of Washington.


SPEAKER'S RULING


        The Speaker (Representative Morris presiding): "The rules for House protocol have been handed out to your desks. In particular, I want to mention two or three items that will be monitored a bit closer this session than in past sessions.

        When you are speaking on the floor, the protocol is to address the Speaker at the rostrum. Through the pomp and circumstance of the first week and half a lot of people were looking up at the galleries and so forth. This is against the House Rules as is applauding after speeches.

        The most notable change – we will be monitoring the reading from the House Floor during speeches. The rule is you are not supposed to read. I am going to be looking for about 50% eye contact as the benchmark we are looking for up here when you are making your remarks on the floor before we call you out of order and try to bring you into the proper protocol."


HOUSE FLOOR PROTOCOL

A Summary of Significant Precepts


House Rule 4(B): The Speaker shall preserve order and decorum ... and may order the sergeant-at-arms to remove any person creating a disturbance within the House chamber ...

 

(1)   Debate rules (to ensure that debate provides for a comparison of views and does not degenerate into a dispute):

 

      When wishing to speak, stand and wait until recognized by the Speaker. If another member is recognized first, sit and wait for the next opportunity. If recognized, respond "Thank you, Mister/Madam Speaker." (If two or more members stand, the Speaker determines the order.)

      Remarks are addressed to the Speaker.

      Request permission from the Speaker before reading any material (and, if objected to by any member, the question is determined by a vote of the House).

      Confine remarks to the debate at hand and avoid personalities.

      Attack arguments, not persons.

      Do not impute or impugn the motive of any member's vote or argument.

      Refrain from harsh expressions or expressions of disrespect.

      Allude to other members by description (e.g., the lady from the Xth District).

      Do not refer to the Senate.

      Refrain from applause.

      No conversations at your desk when a member is speaking. Please retire to the wings.

      Do not interrupt the member speaking, except to address the Speaker for the purpose of raising a point of order.

      Do not read newspapers or use the computer for unrelated purposes.

      No cell phones.

      Do not pass between the Speaker and the member speaking. When the Speaker is putting the question, do not walk across or out of the House.

      Enter and leave the chamber quietly.

      Be aware of the TVW cameras.

 

(2)   A member may speak no more than twice and no longer than 10 minutes on a question, except with consent of the House or when allowed by rules to close debate after the previous question has been ordered. (During the last six days of session and the last four days before floor cutoff, the time limit is reduced to three minutes.)

 

(3)   Except for materials normally distributed by the Chief Clerk, distribution of materials to members' desk on the floor requires the signature of the "sponsoring" member and the approval of the Speaker (through the Chief Clerk's office).

 

(4)   Once begun, a roll call may not be interrupted. Do not approach the rostrum during a roll call.

 

(5)   All members within the chamber when a vote is commenced are required to vote, unless excused for special reasons.

 

(6)   While the House is in session:

Only members, pages, sergeants-at-arms, and clerks are permitted on the floor.

Lobbying is prohibited in the House chamber and wings.

Guests are not permitted in the House chamber or wings, with some exceptions. Only the Speaker may introduce and recognize guests in the galleries.

A dress code applies, and proper dress requirements are enforced."


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


INTRODUCTION AND FIRST READING

 

HB 1590 by Representatives Appleton, Simpson, Sells, Green, Hasegawa, Sullivan, Conway, Goodman, Nelson, Hudgins and Ormsby

 

AN ACT Relating to requiring the appointment of an organized labor member with full voting rights and privileges to the governing bodies of public transportation entities; amending RCW 35.58.270, 36.57.030, and 36.57A.050; and adding a new section to chapter 35.21 RCW.

 

Referred to Committee on Local Government & Housing.

 

HB 1591 by Representatives Upthegrove, Clibborn, Simpson and Liias

 

AN ACT Relating to the use of certain transportation benefit district funds; and amending RCW 36.73.015, 36.73.120, and 82.14.0455.

 

Referred to Committee on Transportation.

 

HB 1592 by Representatives Pedersen, Rodne, Kelley and Kenney

 

AN ACT Relating to business entities and associations registered with the secretary of state; amending RCW 25.15.270, 25.15.290, 25.05.500, and 25.05.560; adding a new section to chapter 25.15 RCW; adding new sections to chapter 24.12 RCW; adding new sections to chapter 25.05 RCW; and creating a new section.

 

Referred to Committee on Judiciary.

 

HB 1593 by Representatives Appleton and Roberts

 

AN ACT Relating to the use of juvenile prior offenses in the offender score; and amending RCW 9.94A.525.

 

Referred to Committee on Public Safety & Emergency Preparedness.

 

HB 1594 by Representatives Hudgins, Hunt, Rolfes, Hasegawa, White, Eddy, McCoy, Wood, Conway and Kenney

 

AN ACT Relating to the creation of the environmental cleanup opportunity grant program; reenacting and amending RCW 70.105D.070; adding a new chapter to Title 28B RCW; and creating a new section.

 

Referred to Committee on Higher Education.

 

HB 1595 by Representatives Blake and Chandler

 

AN ACT Relating to creating a mechanism to transfer state forest lands with harvest encumbrances located in counties with a certain population to a different public land status; amending RCW 79.22.060 and 79.64.110; creating new sections; and providing an expiration date.

 

Referred to Committee on Agriculture & Natural Resources.

 

HB 1596 by Representatives Green, Hunt, Hudgins, Williams, Rolfes, Morrell, Campbell, Roberts, Kagi, Dickerson, Goodman, Upthegrove, Simpson, Moeller, Ormsby and Nelson

 

AN ACT Relating to protecting a woman's right to breastfeed in a place of public resort, accommodation, assemblage, or amusement; amending RCW 49.60.030 and 49.60.215.

 

Referred to Committee on State Government & Tribal Affairs.

 

HB 1597 by Representatives Springer and Hunter

 

AN ACT Relating to improving the administration of state and local tax programs without impacting tax collections by providing greater consistency in numerous tax incentive programs, revising provisions relating to the confidentiality and disclosure of tax information, and amending statutes to improve clarity and consistency, eliminate obsolete provisions, and simplify administration; amending RCW 82.04.240, 82.04.2404, 82.04.250, 82.04.2909, 82.04.294, 82.04.426, 82.04.4266, 82.04.4268, 82.04.4269, 82.04.4452, 82.04.4461, 82.04.4463, 82.04.448, 82.04.4481, 82.04.4483, 82.04.4484, 82.04.449, 82.08.805, 82.08.965, 82.08.9651, 82.08.970, 82.08.980, 82.12.022, 82.12.805, 82.12.965, 82.12.9651, 82.12.970, 82.12.980, 82.16.0421, 82.29A.137, 82.60.020, 82.60.070, 82.63.020, 82.63.045, 82.74.040, 82.74.050, 82.75.010, 82.75.020, 82.75.040, 82.82.020, 82.82.040, 84.36.645, 84.36.655, 42.56.230, 82.16.120, 82.32.330, 82.32.480, 82.60.100, 82.62.080, 82.63.070, 82.74.070, 82.75.060, 83.100.210, 39.100.050, 82.36.440, 82.38.280, 82.04.3651, 82.08.02573, 82.08.0273, 82.08.0293, 82.08.865, 82.12.035, 82.12.040, 82.12.865, 82.80.120, 83.100.040, 83.100.046, 82.04.280, 82.04.280, 29A.36.210, 36.68.525, 36.69.145, 82.03.140, 84.34.020, 84.36.040, 84.36.381, 84.37.030, 84.37.902, 84.40.042, 84.48.050, 84.52.030, 84.52.070, 84.52.080, 84.56.070, 84.60.050, 86.09.490, 87.03.265, and 87.03.270; amending 2006 c 300 s 12 (uncodified); reenacting and amending RCW 82.04.260, 82.32.590, 82.32.600, 82.04.050, and 84.36.383; adding new sections to chapter 82.32 RCW; adding a new section to chapter 82.75 RCW; adding a new section to chapter 35.102 RCW; creating new sections; repealing RCW 82.32.535, 82.32.5351, 82.32.545, 82.32.560, 82.32.570, 82.32.610, 82.32.620, 82.32.630, 82.32.645, 82.32.650, 82.16.140, and 84.55.080; repealing 2005 c 301 s 5 (uncodified); providing a contingent effective date; and providing expiration dates.

 

Referred to Committee on Finance.

 

HB 1598 by Representatives Goodman, Hunt, Ormsby, Williams, Kagi, Kessler, Roberts, Upthegrove, Simpson and Moeller

 

AN ACT Relating to approving the entry of Washington into the agreement among the states to elect the president by national popular vote on the same terms and conditions as entered into by the states of Hawaii, Illinois, Maryland, and New Jersey; amending RCW 29A.56.320; adding a new section to chapter 29A.56 RCW; and creating a new section.

 

Referred to Committee on State Government & Tribal Affairs.

 

HB 1599 by Representatives Sullivan, Appleton, Hunt, Sells, Simpson, Conway, Williams, White and Ormsby

 

AN ACT Relating to providing retirement benefits at earlier ages in the plans 2 and 3 of the public employees' retirement system, the teachers' retirement system, and the school employees' retirement system; amending RCW 41.40.630, 41.40.820, 41.32.765, 41.32.875, 41.35.420, and 41.35.680; providing an effective date; and declaring an emergency.

 

Referred to Committee on Ways & Means.

 

HB 1600 by Representatives Simpson, Appleton, Conway, Hunt, Green, Sells, Sullivan, Williams, Kenney, Hasegawa and Ormsby

 

AN ACT Relating to vesting after five years of service in the defined benefit portion of the public employees' retirement system, the school employees' retirement system, and the teachers' retirement system plan 3; and amending RCW 41.32.875, 41.35.680, and 41.40.820.

 

Referred to Committee on Ways & Means.

 

HB 1601 by Representatives Cody, Conway, Green, Hunt, Appleton, Kagi, Sells, Simpson, Sullivan, Kenney and Ormsby

 

AN ACT Relating to participating in insurance plans and contracts by separated plan 2 members of certain retirement systems; amending RCW 41.05.011; and providing an effective date.

 

Referred to Committee on Ways & Means.

 

HB 1602 by Representatives Conway, Appleton, Hunt, Green, Kagi, Sells, Simpson, Sullivan, Kenney and Ormsby

 

AN ACT Relating to postretirement employment; and amending RCW 41.32.765, 41.32.875, 41.35.420, 41.35.680, 41.40.630, and 41.40.820.

 

Referred to Committee on Ways & Means.

 

HB 1603 by Representatives Condotta, Hinkle, Haler, Chandler, Orcutt, Kristiansen, Crouse, Ross and Armstrong

 

AN ACT Relating to the minimum hourly wage; and amending RCW 49.46.020.

 

Referred to Committee on Commerce & Labor.

 

HB 1604 by Representatives Condotta, Kretz, Crouse, Ross, Armstrong and Upthegrove

 

AN ACT Relating to firearm noise suppressors; and amending RCW 9.41.250.

 

Referred to Committee on Judiciary.

 

HB 1605 by Representatives Springer, Rodne, Hinkle, Takko, Anderson, Eddy, Liias, Sullivan, Upthegrove and Simpson

 

AN ACT Relating to allocating projected population growth for planning purposes among cities sharing common borders and located in the same county for the purpose of addressing requirements in the land use and housing elements by designating and identifying land for residential and commercial, industrial, and other nonresidential development needs under the growth management act; amending RCW 36.70A.070; and adding a new section to chapter 36.70A RCW.

 

Referred to Committee on Local Government & Housing.

 

HB 1606 by Representatives Simpson, Ericks, Flannigan, Rodne, Wood, Sullivan and Morrell

 

AN ACT Relating to unlawful transit conduct; amending RCW 7.80.090, 9.91.025, 81.112.020, 81.112.210, 81.112.220, and 81.112.230; adding a new section to chapter 81.112 RCW; and prescribing penalties.

 

Referred to Committee on Transportation.

 

HB 1607 by Representatives Chase, Haler, Kagi, Dunshee, Haigh, Green, Kessler, Roberts, Kenney, Rolfes, Morrell and Ormsby

 

AN ACT Relating to visitation rights for grandparents; amending RCW 26.09.004 and 26.10.160; adding a new section to chapter 26.09 RCW; creating a new section; and repealing RCW 26.09.240.

 

Referred to Committee on Judiciary.

 

HB 1608 by Representatives Williams, Campbell, Dickerson, Green and Ormsby

 

AN ACT Relating to the practice of interior design; and adding a new chapter to Title 18 RCW.

 

Referred to Committee on Commerce & Labor.

 

HB 1609 by Representatives Dickerson, Conway, Pettigrew, Williams, Green, Ormsby, Kagi, Dunshee, Appleton, Van De Wege, Upthegrove, Darneille, Simpson, Hasegawa and Nelson

 

AN ACT Relating to the family security act; amending RCW 49.86.005, 49.86.010, 49.86.020, 49.86.030, 49.86.050, 49.86.060, 49.86.070, 49.86.080, 49.86.090, 49.86.100, 49.86.110, 49.86.120, 49.86.130, 49.86.140, 49.86.160, 49.86.170, 49.86.180, 49.86.190, 49.86.210, and 50.29.021; reenacting and amending RCW 43.79A.040; adding new sections to chapter 49.86 RCW; adding a new section to chapter 82.04 RCW; creating a new section; repealing RCW 49.86.040; providing an effective date; providing an expiration date; and providing for submission of certain sections of this act to a vote of the people.

 

Referred to Committee on Commerce & Labor.

 

HB 1610 by Representatives Takko, Ericks, Kretz, Orcutt, Kessler, Short, Crouse, Blake, Ericksen, Wood, Herrera, Kristiansen, Kenney and Ormsby

 

AN ACT Relating to creating incentives for the use of biomass in renewable energy production; amending RCW 19.285.030; adding a new section to chapter 82.04 RCW; adding a new section to chapter 82.08 RCW; adding a new section to chapter 82.12 RCW; creating a new section; and providing an effective date.

 

Referred to Committee on Technology, Energy & Communications.

 

HB 1611 by Representatives Morrell, Hinkle, Green, Ericksen and Kelley

 

AN ACT Relating to online access to the University of Washington health sciences library by certain health care providers; amending RCW 43.70.110; and adding a new section to chapter 43.70 RCW.

 

Referred to Committee on Health Care & Wellness.

 

HB 1612 by Representatives Cody, Chase, Walsh, Clibborn, Green, Anderson, Morrell, Pedersen, Moeller, Roberts, Seaquist, Darneille, Hunter, Goodman, Carlyle, Haler, Appleton, Hudgins, Kagi, Sullivan, Maxwell, White, Kenney, Upthegrove, Simpson, Rolfes and Ormsby

 

AN ACT Relating to programs for the prevention of unintended pregnancies and sexually transmitted diseases; amending RCW 74.12.410; adding a new section to chapter 70.54 RCW; and creating new sections.

 

Referred to Committee on Health Care & Wellness.

 

HB 1613 by Representatives Ormsby, Kretz, Blake, Hinkle, Pearson, Warnick, Parker, Schmick, Short, Walsh, Springer, Haler, Orcutt, Sullivan, Kristiansen, Conway, Kenney, Rolfes and Morrell

 

AN ACT Relating to meat and poultry inspection programs; adding a new chapter to Title 16 RCW; and prescribing penalties.

 

Referred to Committee on Agriculture & Natural Resources.

 

HB 1614 by Representatives Ormsby, Priest, Rodne, Eddy, Hunt, Pettigrew, Upthegrove, Blake, Nelson, Appleton, Pedersen, Simpson, Darneille, Williams, Hudgins, Dunshee, McCoy and Wood

 

AN ACT Relating to petroleum pollution in storm water; adding new sections to chapter 90.48 RCW; and creating a new section.

 

Referred to Committee on Agriculture & Natural Resources.

 

HB 1615 by Representatives Liias, Campbell, Hasegawa, Upthegrove, Miloscia, Moeller, Springer, Eddy, Sells, Simpson, Flannigan, Goodman, Kenney and Ormsby

 

AN ACT Relating to drug overdose prevention; adding a new section to chapter 69.50 RCW; and creating a new section.

 

Referred to Committee on Public Safety & Emergency Preparedness.

 

HB 1616 by Representative Simpson

 

AN ACT Relating to the state pension benefits of certain domestic partners; and amending RCW 41.05.080, 41.05.195, 41.26.030, 41.26.048, 41.26.460, 41.26.470, 41.26.510, and 41.26.520.

 

Referred to Committee on Ways & Means.

 

HB 1617 by Representatives Smith, Chandler, Eddy, Orcutt, Pearson, Ross, Bailey, Seaquist, Johnson, Armstrong, Rodne, Herrera, Van De Wege, Warnick, Kelley, Kessler, Kristiansen and Morrell

 

AN ACT Relating to regulatory reform; amending RCW 34.05.570, 28A.300.040, 41.50.050, 43.06A.030, 43.19.011, 43.21A.064, 43.24.016, 43.27A.090, 43.30.215, 43.31C.060, 43.33.040, 43.33A.110, 43.59.070, 43.61.040, 43.63A.475, 43.70.580, 43.101.085, 43.115.040, 43.117.050, 43.121.050, 43.155.040, 43.160.050, 43.163.100, 43.180.040, 43.200.070, 43.210.060, 43.250.090, 43.320.040, 43.330.040, 47.01.071, 48.02.060, 48.44.050, 48.46.200, 66.08.0501, 77.04.055, and 80.01.040; reenacting and amending RCW 34.05.328; adding a new section to chapter 43.17 RCW; adding a new section to chapter 34.05 RCW; and creating a new section.

 

Referred to Committee on State Government & Tribal Affairs.

 

HB 1618 by Representatives White, Nelson, Hudgins, Kenney, Sullivan, Carlyle, Hasegawa, Santos, Green, Miloscia, Orwall, Pedersen, Cody, Dickerson, Liias, Kelley, Pettigrew, Goodman, Simpson, Morrell and Ormsby

 

AN ACT Relating to community and surplus schools; amending RCW 43.63A.135, 28A.525.050, 28A.335.120, and 28A.335.130; adding new sections to chapter 43.63A RCW; adding a new section to chapter 28A.525 RCW; and creating new sections.

 

Referred to Committee on Capital Budget.

 

HB 1619 by Representatives White, Kenney, Sullivan, Carlyle, Nelson, Hasegawa, Liias, Green, Miloscia, Orwall, Maxwell and Simpson

 

AN ACT Relating to use of capital projects funds by school districts; amending RCW 84.52.053; reenacting and amending RCW 28A.320.330; and providing an expiration date.

 

Referred to Committee on Capital Budget.

 

HB 1620 by Representatives Kenney, Ericksen, Driscoll, Seaquist, Hunt, Armstrong and Simpson

 

AN ACT Relating to community health care collaborative grants; amending RCW 41.05.220; adding new sections to chapter 41.05 RCW; and creating a new section.

 

Referred to Committee on Health Care & Wellness.

 

HB 1621 by Representatives Kirby, Bailey, Rodne, Nelson, Simpson and Moeller

 

AN ACT Relating to regulating the business practices of consumer loan companies for compliance with the secure and fair enforcement for mortgage licensing act of 2008; amending RCW 31.04.015, 31.04.025, 31.04.035, 31.04.045, 31.04.102, 31.04.105, 31.04.145, and 31.04.165; adding new sections to chapter 31.04 RCW; creating a new section; and providing an effective date.

 

Referred to Committee on Financial Institutions & Insurance.

 

HB 1622 by Representatives Appleton, Hunt and Miloscia

 

AN ACT Relating to voter registration; amending RCW 29A.04.079, 29A.04.109, 29A.04.163, 29A.04.210, 29A.08.010, 29A.08.030, 29A.08.105, 29A.08.107, 29A.08.110, 29A.08.115, 29A.08.125, 29A.08.130, 29A.08.135, 29A.08.140, 29A.08.210, 29A.08.230, 29A.08.260, 29A.08.310, 29A.08.330, 29A.08.350, 29A.08.410, 29A.08.420, 29A.08.430, 29A.08.440, 29A.08.510, 29A.08.520, 29A.08.610, 29A.08.625, 29A.08.630, 29A.08.635, 29A.08.640, 29A.08.720, 29A.08.760, 29A.40.010, 29A.40.020, 29A.40.061, 29A.40.091, 29A.60.235, and 46.20.155; reenacting and amending RCW 29A.04.611, 29A.08.620, and 29A.40.110; and repealing RCW 29A.04.103, 29A.08.040, 29A.08.113, 29A.08.145, 29A.08.360, 29A.08.605, 29A.08.651, and 29A.08.780.

 

Referred to Committee on State Government & Tribal Affairs.

 

HB 1623 by Representatives Appleton and Hudgins

 

AN ACT Relating to absentee ballots; amending RCW 29A.40.091, 29A.48.050, 29A.60.190, and 29A.60.190; reenacting and amending RCW 29A.40.110; adding a new section to chapter 29A.40 RCW; providing an effective date; and providing an expiration date.

 

Referred to Committee on State Government & Tribal Affairs.

 

HB 1624 by Representatives Appleton, Armstrong, Hunt, Alexander, Hurst, Rodne, Darneille, Herrera, Finn, Smith and Ormsby

 

AN ACT Relating to internet voting for service voters and overseas voters; and adding a new section to chapter 29A.40 RCW.

 

Referred to Committee on State Government & Tribal Affairs.

 

HB 1625 by Representatives Green, Conway, Appleton, Seaquist, Pettigrew, Chase, Hasegawa, Wood, Moeller, Hunt, Kessler and Rolfes

 

AN ACT Relating to for hire vehicles and for hire vehicle operators; amending RCW 82.16.010, 82.16.040, and 82.16.020; adding new sections to chapter 51.08 RCW; adding new sections to chapter 51.12 RCW; and adding a new section to chapter 51.16 RCW.

 

Referred to Committee on Commerce & Labor.

 

HB 1626 by Representatives Kretz, Blake, Chandler, Warnick, Van De Wege, McCune, Kessler and Ross

 

AN ACT Relating to wildlife interactions; amending RCW 77.36.010, 77.36.070, 77.36.080, 77.36.030, and 77.12.240; adding new sections to chapter 77.36 RCW; creating new sections; decodifying RCW 77.36.900 and 77.36.901; repealing RCW 77.36.005, 77.36.020, 77.36.040, 77.36.050, 77.36.060, and 77.12.260; providing an effective date; and providing an expiration date.

 

Referred to Committee on Agriculture & Natural Resources.

 

HB 1627 by Representatives Kretz, Chandler and Ross

 

AN ACT Relating to the purchase of property for potential water storage; amending RCW 77.12.220, 77.12.037, 79A.05.170, 79.70.040, and 43.82.010; and reenacting and amending RCW 43.41.270.

 

Referred to Committee on Agriculture & Natural Resources.

 

HB 1628 by Representative Kretz

 

AN ACT Relating to good cause reasons to leave work; amending RCW 50.20.050; and creating new sections.

 

Referred to Committee on Commerce & Labor.

 

HB 1629 by Representatives Eddy, Hasegawa, Kessler and Springer

 

AN ACT Relating to appeals under the growth management act; amending RCW 36.70A.290; adding new sections to chapter 43.330 RCW; and adding a new section to chapter 36.70A RCW.

 

Referred to Committee on Local Government & Housing.

 

HB 1630 by Representatives Eddy, Springer, Hudgins, Simpson and Hasegawa

 

AN ACT Relating to energy conservation in public education institutions; adding a new chapter to Title 39 RCW; and providing an effective date.

 

Referred to Committee on Technology, Energy & Communications.

 

HB 1631 by Representatives Clibborn and Bailey

 

AN ACT Relating to speech-language pathology assistants; amending RCW 18.35.010, 18.35.040, 18.35.095, 18.35.150, 18.35.205, and 18.35.260, and 18.130.040; adding new sections to chapter 18.35 RCW; and creating new sections.

 

Referred to Committee on Health Care & Wellness.

 

HB 1632 by Representatives Seaquist, Moeller, Cody and Morrell

 

AN ACT Relating to annual school performance reporting; amending RCW 28A.655.100 and 28A.655.110; and creating a new section.

 

Referred to Committee on Education.

 

HB 1633 by Representatives Conway, Kretz, Orcutt, Van De Wege, Kessler, Blake, Kristiansen and Herrera

 

AN ACT Relating to excise tax relief for hog fuel used for production of electricity, steam, heat, or biofuel; adding a new section to chapter 82.08 RCW; adding a new section to chapter 82.12 RCW; and providing an effective date.

 

Referred to Committee on Finance.

 

HB 1634 by Representatives White, Jacks, Rolfes, Chandler, Carlyle, Liias, Crouse, Dunshee and Conway

 

AN ACT Relating to architects; amending RCW 18.08.310, 18.08.320, 18.08.330, 18.08.340, 18.08.350, 18.08.360, 18.08.370, 18.08.410, 18.08.420, and 18.08.430; and providing effective dates.

 

Referred to Committee on Commerce & Labor.

 

HB 1635 by Representatives Williams, Rolfes, Blake and Green

 

AN ACT Relating to freshwater lakes management; amending RCW 43.21A.662; adding a new section to chapter 43.21A RCW; and creating new sections.

 

Referred to Committee on Agriculture & Natural Resources.

 

HB 1636 by Representatives Chase, Upthegrove, Dickerson, Pedersen, Rolfes, Nelson and Ormsby

 

AN ACT Relating to protecting lake water quality by reducing phosphorus from lawn fertilizers; and adding a new chapter to Title 90 RCW.

 

Referred to Committee on Agriculture & Natural Resources.

 

HB 1637 by Representatives Orcutt, Blake, Kretz and Herrera

 

AN ACT Relating to forest practices regulations applicable to small forest landowners; amending RCW 76.13.120 and 76.13.140; creating new sections; and providing an expiration date.

 

Referred to Committee on Agriculture & Natural Resources.

 

HB 1638 by Representatives Green, Seaquist, Kelley and Kenney

 

AN ACT Relating to colon hydrotherapy; amending RCW 18.130.040; adding a new chapter to Title 18 RCW; creating new sections; and providing an effective date.

 

Referred to Committee on Health Care & Wellness.

 

HB 1639 by Representatives Hunter, Anderson, Priest, Sullivan and Rodne

 

AN ACT Relating to the investment expenses of counties; and amending RCW 36.29.024.

 

Referred to Committee on Local Government & Housing.

 

HB 1640 by Representatives Kessler, Armstrong, Hunt, Sells, Alexander, Appleton and Kenney

 

AN ACT Relating to private financial and commercial investment information received by the University of Washington for purposes of the consolidated endowment fund; amending RCW 42.56.270; adding a new section to chapter 28B.20 RCW; and creating a new section.

 

Referred to Committee on State Government & Tribal Affairs.

 

HB 1641 by Representatives Haigh, Armstrong, Hunt, Sells, Wallace, Ormsby and Appleton

 

AN ACT Relating to the University of Washington's public works contracting procedures; and adding a new section to chapter 28B.20 RCW.

 

Referred to Committee on State Government & Tribal Affairs.

 

HB 1642 by Representatives Conway, Green, Wood, Moeller, Williams, Cody, Morrell, Sullivan, Kenney, Simpson and Hudgins

 

AN ACT Relating to meal and rest periods for employees of health care facilities; amending RCW 49.28.150; and adding a new section to chapter 49.12 RCW.

 

Referred to Committee on Commerce & Labor.

 

HB 1643 by Representatives Sells, Moeller, Quall, Wallace, Simpson, Haigh, Dickerson and Ormsby

 

AN ACT Relating to prevention of harassment, intimidation, and bullying; adding a new section to chapter 28B.35 RCW; and prescribing penalties.

 

Referred to Committee on Higher Education.

 

HB 1644 by Representatives Maxwell, Miloscia, Clibborn, Ormsby, Hurst, Green and Orwall

 

AN ACT Relating to reconveyances of deeds of trust; and amending RCW 61.24.005 and 61.24.110.

 

Referred to Committee on Judiciary.

 

HB 1645 by Representatives McCune and Haler

 

AN ACT Relating to designating English as the official language of the state; and adding a new section to chapter 1.20 RCW.

 

Referred to Committee on State Government & Tribal Affairs.

 

HB 1646 by Representatives Sullivan, Priest, Kenney, Morrell and Ormsby

 

AN ACT Relating to making adjustments pertaining to the high school Washington assessment of student learning in mathematics and science; amending RCW 28A.655.0611, 28A.655.066, and 28A.655.061; and creating new sections.

 

Referred to Committee on Education.

 

HB 1647 by Representatives Driscoll, Morrell, Green, Clibborn, Moeller, Williams, Wood, Simpson, Kenney and Ormsby

 

AN ACT Relating to establishing streamlined and uniform administrative procedures for payors and providers of health care services; amending RCW 70.47.130; adding a new section to chapter 70.14 RCW; adding a new section to chapter 18.122 RCW; adding a new chapter to Title 48 RCW; and creating a new section.

 

Referred to Committee on Health Care & Wellness.

 

HB 1648 by Representatives Hope, Liias, O'Brien, Rodne, Haler, Priest, Kelley, Smith and Morrell

 

AN ACT Relating to state contracts with veteran-owned businesses; amending RCW 43.60A.010, 43.19.536, 39.80.040, and 47.28.030; adding new sections to chapter 43.60A RCW; adding a new section to chapter 43.19 RCW; adding a new section to chapter 28B.10 RCW; adding a new section to chapter 39.04 RCW; adding a new section to chapter 39.29 RCW; and creating new sections.

 

Referred to Committee on State Government & Tribal Affairs.

 

HB 1649 by Representatives Hope, Kagi, Kristiansen, Van De Wege and Hasegawa

 

AN ACT Relating to including financial education in social studies courses required for high school graduation; adding a new section to chapter 28A.230 RCW; and creating a new section.

 

Referred to Committee on Education.

 

HJR 4202        by Representatives Hudgins, Hunt, Green, Williams, Kessler, Goodman, Upthegrove, Moeller and Ormsby

 

Amending the Constitution to allow seventeen year olds to vote in a primary if they will be eighteen years old by the next general election, and the primary is being held to select the candidates for the November general election.

 

Referred to Committee on State Government & Tribal Affairs.


        There being no objection, the bills and resolution listed on the day’s introduction sheet under the fourth order of business were referred to the committees so designated.


REPORTS OF STANDING COMMITTEES

January 22, 2009

HB 1021 Prime Sponsor, Representative Campbell: Concerning prior notice of hospital surveys and audits. Reported by Committee on Health Care & Wellness

 

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Cody, Chair; Driscoll, Vice Chair; Ericksen, Ranking Minority Member; Bailey; Campbell; Clibborn; Green; Hinkle; Kelley; Moeller; Morrell and Pedersen.

 

Referred to Committee on Health & Human Services Appropriations.


January 22, 2009

HB 1079 Prime Sponsor, Representative Simpson: Authorizing the substitution of growth management hearings board members in the case of vacancy, disqualification, illness, or injury. Reported by Committee on Local Government & Housing

 

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Simpson, Chair; Nelson, Vice Chair; Miloscia; Springer; Upthegrove; White and Williams.

 

MINORITY recommendation: Do not pass. Signed by Representatives Angel, Ranking Minority Member; Ericksen, Assistant Ranking Minority Member and Short.

 

Passed to Committee on Rules for second reading.


January 22, 2009

HB 1119 Prime Sponsor, Representative Pedersen: Concerning the management of funds held by nonprofit institutions. Reported by Committee on Judiciary

 

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Pedersen, Chair; Goodman, Vice Chair; Rodne, Ranking Minority Member; Shea, Assistant Ranking Minority Member; Flannigan; Kelley; Kirby; Ormsby; Roberts; Ross and Warnick.

 

Passed to Committee on Rules for second reading.


January 22, 2009

HB 1120 Prime Sponsor, Representative Pedersen: Concerning uniform laws. Reported by Committee on Judiciary

 

MAJORITY recommendation: Do pass. Signed by Representatives Pedersen, Chair; Goodman, Vice Chair; Rodne, Ranking Minority Member; Shea, Assistant Ranking Minority Member; Flannigan; Kelley; Kirby; Ormsby; Roberts; Ross and Warnick.

 

Passed to Committee on Rules for second reading.


January 22, 2009

HB 1127 Prime Sponsor, Representative Hurst: Securing credit and debit card information. Reported by Committee on Financial Institutions & Insurance

 

MAJORITY recommendation: Do pass. Signed by Representatives Kirby, Chair; Kelley, Vice Chair; Bailey, Ranking Minority Member; Parker, Assistant Ranking Minority Member; Hurst; McCoy; Nelson; Roach; Rodne; Santos and Simpson.

 

Passed to Committee on Rules for second reading.


January 22, 2009

HB 1132 Prime Sponsor, Representative Goodman: Regulating distressed property conveyances. Reported by Committee on Judiciary

 

MAJORITY recommendation: Do pass. Signed by Representatives Pedersen, Chair; Goodman, Vice Chair; Rodne, Ranking Minority Member; Shea, Assistant Ranking Minority Member; Flannigan; Kelley; Kirby; Ormsby; Roberts; Ross and Warnick.

 

Passed to Committee on Rules for second reading.


January 22, 2009

HB 1158 Prime Sponsor, Representative Goodman: Allowing electronic signatures on juror questionnaires. Reported by Committee on Judiciary

 

MAJORITY recommendation: Do pass. Signed by Representatives Pedersen, Chair; Goodman, Vice Chair; Rodne, Ranking Minority Member; Shea, Assistant Ranking Minority Member; Flannigan; Kelley; Kirby; Ormsby; Roberts; Ross and Warnick.

 

Passed to Committee on Rules for second reading.


January 22, 2009

HB 1159 Prime Sponsor, Representative Goodman: Adding five district court judges in King county. Reported by Committee on Judiciary

 

MAJORITY recommendation: Do pass. Signed by Representatives Pedersen, Chair; Goodman, Vice Chair; Rodne, Ranking Minority Member; Flannigan; Kelley; Kirby; Ormsby; Roberts; Ross and Warnick.

 

MINORITY recommendation: Do not pass. Signed by Representative Shea, Assistant Ranking Minority Member.

 

Passed to Committee on Rules for second reading.


January 22, 2009

HB 1204 Prime Sponsor, Representative Klippert: Adding two district court judges in Benton county. Reported by Committee on Judiciary

 

MAJORITY recommendation: Do pass. Signed by Representatives Pedersen, Chair; Goodman, Vice Chair; Rodne, Ranking Minority Member; Shea, Assistant Ranking Minority Member; Flannigan; Kelley; Kirby; Ormsby; Roberts; Ross and Warnick.

 

Passed to Committee on Rules for second reading.


January 22, 2009

HB 1205 Prime Sponsor, Representative Van De Wege: Adding one judge to division two of the court of appeals. Reported by Committee on Judiciary

 

MAJORITY recommendation: Do pass. Signed by Representatives Pedersen, Chair; Goodman, Vice Chair; Rodne, Ranking Minority Member; Flannigan; Kelley; Kirby; Ormsby; Roberts; Ross and Warnick.

 

MINORITY recommendation: Do not pass. Signed by Representative Shea, Assistant Ranking Minority Member.

 

Referred to Committee on Ways & Means.


        There being no objection, the bills listed on the day’s committee reports under the fifth order of business were referred to the committees so designated.


SECOND READING


        HOUSE BILL NO. 1049, by Representatives Rolfes, Angel, Kelley, Smith, Conway, Hope, Hunt, Dammeier, Dunshee, Herrera, Seaquist, Armstrong, Moeller, Parker, Van De Wege, Johnson, Simpson, Rodne, Orwall, Haler, Liias, Short, Kirby, Green, Kenney, Goodman, Williams, Dickerson, McCoy, Appleton, Chase, Morrell, Sullivan, Sells, Newhouse, Upthegrove, Kessler, Roach, Wallace, Bailey, Maxwell, McCune, Kretz, Condotta and Campbell


        Concerning veterans' relief.


        The bill was read the second time


        Representative Rolfes moved the adoption of amendment (001):


        On page 2, line 20, after "in" strike "active duty" and insert "to serve in an armed conflict"


        Representatives Rolfes and Armstrong spoke in favor of adoption of the amendment.


        Amendment (001) was adopted. The bill was ordered engrossed.


        There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


        Representatives Rolfes and Angel spoke in favor of passage of the bill.


        The Speaker (Representative Morris presiding) stated the question before the House to be the final passage of Engrossed House Bill No. 1049.


MOTION


        On motion of Representative Santos, Representative Simpson was excused.


ROLL CALL


        The Clerk called the roll on the final passage of Engrossed House Bill No. 1049 and the bill passed the House by the following vote: Yeas, 96; Nays, 0; Absent, 0; Excused, 1.

        Voting yea: Representatives Alexander, Anderson, Angel, Appleton, Armstrong, Bailey, Blake, Campbell, Carlyle, Chandler, Chase, Clibborn, Cody, Condotta, Conway, Cox, Crouse, Dammeier, Darneille, DeBolt, Dickerson, Driscoll, Dunshee, Eddy, Ericks, Ericksen, Finn, Flannigan, Goodman, Green, Haigh, Haler, Hasegawa, Herrera, Hinkle, Hope, Hudgins, Hunt, Hunter, Hurst, Jacks, Johnson, Kagi, Kelley, Kenney, Kessler, Kirby, Klippert, Kretz, Kristiansen, Liias, Linville, Maxwell, McCoy, McCune, Miloscia, Moeller, Morrell, Morris, Nelson, Newhouse, O'Brien, Orcutt, Ormsby, Orwall, Parker, Pearson, Pedersen, Pettigrew, Priest, Probst, Quall, Roach, Roberts, Rodne, Rolfes, Ross, Santos, Schmick, Seaquist, Sells, Shea, Short, Smith, Springer, Sullivan, Takko, Upthegrove, Van De Wege, Wallace, Walsh, Warnick, White, Williams, Wood and Mr. Speaker.

        Excused: Representative Simpson.


        ENGROSSED HOUSE BILL NO. 1049, having received the necessary constitutional majority, was declared passed.


        HOUSE BILL NO. 1050, by Representatives Kelley, Hope, Rolfes, Johnson, Angel, Dammeier, Conway, Ross, Hunt, Herrera, Smith, Armstrong, Moeller, Parker, Rodne, Haler, Short, Shea, Chase, Morrell, Green, Sullivan, Newhouse, Upthegrove, Campbell, Kristiansen, Van De Wege, Wallace, Simpson, Bailey, Maxwell, McCune and Condotta


        Adjusting veterans' scoring criteria.


        The bill was read the second time


        There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


        Representatives Kelley and Hope spoke in favor of passage of the bill.


        The Speaker (Representative Morris presiding) stated the question before the House to be the final passage of House Bill No. 1050.


ROLL CALL


        The Clerk called the roll on the final passage of House Bill No. 1050 and the bill passed the House by the following vote: Yeas, 96; Nays, 0; Absent, 0; Excused, 1.

        Voting yea: Representatives Alexander, Anderson, Angel, Appleton, Armstrong, Bailey, Blake, Campbell, Carlyle, Chandler, Chase, Clibborn, Cody, Condotta, Conway, Cox, Crouse, Dammeier, Darneille, DeBolt, Dickerson, Driscoll, Dunshee, Eddy, Ericks, Ericksen, Finn, Flannigan, Goodman, Green, Haigh, Haler, Hasegawa, Herrera, Hinkle, Hope, Hudgins, Hunt, Hunter, Hurst, Jacks, Johnson, Kagi, Kelley, Kenney, Kessler, Kirby, Klippert, Kretz, Kristiansen, Liias, Linville, Maxwell, McCoy, McCune, Miloscia, Moeller, Morrell, Morris, Nelson, Newhouse, O'Brien, Orcutt, Ormsby, Orwall, Parker, Pearson, Pedersen, Pettigrew, Priest, Probst, Quall, Roach, Roberts, Rodne, Rolfes, Ross, Santos, Schmick, Seaquist, Sells, Shea, Short, Smith, Springer, Sullivan, Takko, Upthegrove, Van De Wege, Wallace, Walsh, Warnick, White, Williams, Wood and Mr. Speaker.

        Excused: Representative Simpson.


        HOUSE BILL NO. 1050, having received the necessary constitutional majority, was declared passed.


        HOUSE BILL NO. 1034, by Representatives Morrell, Moeller, Kelley, Hurst, Miloscia, Hunt, Appleton and Chase


        Concerning rental or lease of armories.


        The bill was read the second time


        There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


        Representatives Morrell and Armstrong spoke in favor of passage of the bill.


        The Speaker (Representative Morris presiding) stated the question before the House to be the final passage of House Bill No. 1034.


ROLL CALL


        The Clerk called the roll on the final passage of House Bill No. 1034 and the bill passed the House by the following vote: Yeas, 96; Nays, 0; Absent, 0; Excused, 1.

        Voting yea: Representatives Alexander, Anderson, Angel, Appleton, Armstrong, Bailey, Blake, Campbell, Carlyle, Chandler, Chase, Clibborn, Cody, Condotta, Conway, Cox, Crouse, Dammeier, Darneille, DeBolt, Dickerson, Driscoll, Dunshee, Eddy, Ericks, Ericksen, Finn, Flannigan, Goodman, Green, Haigh, Haler, Hasegawa, Herrera, Hinkle, Hope, Hudgins, Hunt, Hunter, Hurst, Jacks, Johnson, Kagi, Kelley, Kenney, Kessler, Kirby, Klippert, Kretz, Kristiansen, Liias, Linville, Maxwell, McCoy, McCune, Miloscia, Moeller, Morrell, Morris, Nelson, Newhouse, O'Brien, Orcutt, Ormsby, Orwall, Parker, Pearson, Pedersen, Pettigrew, Priest, Probst, Quall, Roach, Roberts, Rodne, Rolfes, Ross, Santos, Schmick, Seaquist, Sells, Shea, Short, Smith, Springer, Sullivan, Takko, Upthegrove, Van De Wege, Wallace, Walsh, Warnick, White, Williams, Wood and Mr. Speaker.

        Excused: Representative Simpson.

 

HOUSE BILL NO. 1034, having received the necessary constitutional majority, was declared passed.


RESOLUTION


        HOUSE RESOLUTION NO. 2009-4608, by Representatives Kessler and Kretz


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

 

PERMANENT RULES OF THE

HOUSE OF REPRESENTATIVES

SIXTY-FIRST LEGISLATURE 2009-2010

HOUSE RULE NO.      

Rule 1     Definitions

Rule 2     Chief Clerk to Call to Order

Rule 3     Election of Officers

Rule 4     Powers and Duties of the Speaker

Rule 5     Chief Clerk

Rule 6     Duties of Employees

Rule 7     Admission to the House

Rule 8     Absentees and Courtesy

Rule 9     Bills, Memorials and Resolutions - Introductions

Rule 10   Reading of Bills

Rule 11   Amendments

Rule 12   Final Passage

Rule 13   Hour of Meeting, Roll Call and Quorum

Rule 14   Daily Calendar and Order of Business

Rule 15   Motions

Rule 16   Members Right to Debate

Rule 17   Rules of Debate

Rule 18   Ending of Debate - Previous Question

Rule 19   Voting

Rule 20   Reconsideration

Rule 21   Call of the House

Rule 22   Appeal from Decision of Chair

Rule 23   Standing Committees

Rule 24   Duties of Committees

Rule 25   Standing Committees - Expenses - Subpoena Power

Rule 26   Vetoed Bills

Rule 27   Suspension of Compensation

Rule 28   Smoking

Rule 29   Liquor

Rule 30   Parliamentary Rules

Rule 31   Standing Rules Amendment

Rule 32   Rules to Apply for Assembly

Rule 33   Legislative Mailings 

Definitions

 

        Rule 1. "Absent" means an unexcused failure to attend.

        "Term" means the two-year term during which the members as a body may act.

 

        "Session" means a constitutional gathering of the house in accordance with Article 2 § 12 of the state Constitution.

 

        "Committee" means any standing, conference, joint, or select committee as so designated by rule or resolution.

 

        "Fiscal committee" means the capital budget, education appropriations, finance, general government appropriations, health & human services appropriations, transportation, and ways & means committees.

 

        "Bill" means bill, joint memorial, joint resolution, or concurrent resolution unless the context indicates otherwise.

 

Chief Clerk to Call to Order

 

        Rule 2. It shall be the duty of the chief clerk of the previous term to call the house to order and to conduct the proceedings until a speaker is chosen.

 

Election of Officers

 

        Rule 3. The house shall elect the following officers at the commencement of each term: Its presiding officer, who shall be styled speaker of the house; a speaker pro tempore, who shall serve in absence or in case of the inability of the speaker; a deputy speaker pro tempore, who shall serve in absence or in case of the inability of the speaker and speaker pro tempore; and a chief clerk of the house. Such officers shall hold office during all sessions until the convening of the succeeding term: PROVIDED, HOWEVER, That any of these offices may be declared vacant by the vote of a constitutional majority of the house, the members voting viva voce and their votes shall be entered on the journal. If any office is declared vacant, the house shall fill such vacant office as hereinafter provided. In all elections by the house a constitutional majority shall be required, the members shall vote viva voce and their votes shall be entered on the journal. (Art. II § 27)

 

Powers and Duties of the Speaker

 

        Rule 4. The speaker shall have the following powers and duties:

 

        (A) The speaker shall take the chair and call the house to order precisely at the hour appointed for meeting and if a quorum be present, shall cause the journal of the preceding day to be read and shall proceed with the order of business.

 

        (B) The speaker shall preserve order and decorum, and in case of any disturbance or disorderly conduct within the chamber or legislative area, shall order the sergeant at arms to suppress the same and may order the sergeant at arms to remove any person creating any disturbance within the house chamber or legislative area.

 

        (C) The speaker may speak to points of order in preference to other members, arising from the seat for that purpose, and shall decide all questions of order subject to an appeal to the house by any member, on which appeal no member shall speak more than once without leave of the house.

 

        (D) The speaker shall sign all bills in open session. (Art. II § 32)

 

        (E) The speaker shall sign all writs, warrants, and subpoenas issued by order of the house, all of which shall be attested to by the chief clerk.

 

        (F) The speaker shall have the right to name any member to perform the duties of the chair, but such substitution shall neither extend beyond adjournment nor authorize the representative so substituted to sign any documents requiring the signature of the speaker.

 

        (G) The speaker, in open session, shall appoint committee chairs as selected by the majority party caucus, and shall appoint members to committees in the same ratio as the membership of the respective parties of the house, unless otherwise provided by law or house rules.

 

        (H) The speaker shall serve as chair of the rules committee.

 

        (I) The speaker shall have charge of and see that all officers, attaches, and clerks perform their respective duties.

 

        (J) The speaker pro tempore shall exercise the duties, powers, and prerogatives of the speaker in the event of the speaker's death, illness, removal, or inability to act until the speaker's successor shall be elected.

 

Chief Clerk

 

        Rule 5. The chief clerk shall perform the usual duties pertaining to the office, and shall hold office until a successor has been elected.

        The chief clerk shall employ, subject to the approval of the speaker, all other house employees; the hours of duty and assignments of all house employees shall be under the chief clerk's directions and instructions, and they may be dismissed by the chief clerk with the approval of the speaker. The speaker shall sign and the chief clerk shall countersign all payrolls and vouchers for all expenses of the house and appropriately transmit the same. In the event of the chief clerk's death, illness, removal, or inability to act, the speaker may appoint an acting chief clerk who shall exercise the duties and powers of the chief clerk until the chief clerk's successor shall be elected.

 

Duties of Employees

 

        Rule 6. Employees of the house shall perform such duties as are assigned to them by the chief clerk. Under no circumstances shall the compensation of any employee be increased for past services. No house employee shall seek to influence the passage or rejection of proposed legislation.

 

Admission to the House

 

        Rule 7. It shall be the general policy of the house to keep the chamber clear as follows:

 

        (A) The sergeant at arms shall admit only the following individuals to the wings and adjacent areas of the house chamber for the period of time beginning one-half hour prior to convening and ending one-half hour following the adjournment of the house's daily session:

 

        The governor or designees, or both;

        Members of the senate;

        Statewide elected officials;

        Officers and authorized employees of the legislature;

        Former members of the house who are not advocating any pending or proposed legislation;

        Representatives of the press;

        Other persons with the consent of the speaker.

 

        (B) Only members, pages, sergeants at arms, and clerks are permitted on the floor while the house is in session.

 

        (C) Lobbying in the house chamber or in any committee room or lounge room is prohibited when the house or committee is in session unless expressly permitted by the house or committee. Anyone violating this rule will forfeit his or her right to be admitted to the house chamber or any of its committee rooms.

 

Absentees and Courtesy

 

        Rule 8. No member shall be absent from the service of the house without leave from the speaker. When the house is in session, only the speaker shall recognize visitors and former members.

 

Bills, Memorials and Resolutions - Introductions

 

        Rule 9. Any member desiring to introduce a bill shall file the same with the chief clerk. Bills filed by 10:00 a.m. shall be introduced at the next daily session, in the order filed: PROVIDED, That if such introduction is within the last ten days of a regular session, it cannot be considered without a direct vote of two-thirds (2/3) of all the members elected to each house with such vote recorded and entered upon the journal. (Art. II § 36)

        Any returning member or member-elect may prefile a bill with the chief clerk commencing the first Monday in December preceding any regular session or twenty (20) days before any special session. Prefiled bills shall be introduced on the first legislative day.

        All bills shall be endorsed with a statement of the title and the name of the member or members introducing the same. The chief clerk shall attach to all bills a substantial cover bearing the title and sponsors and shall number each bill in the order filed. All bills shall be printed unless otherwise ordered by the house.

        Any bill introduced at any session during the term shall be eligible for action at all subsequent sessions during the term.

 

Reading of Bills

 

        Rule 10. Every bill shall be read on three separate days: PROVIDED, That this rule may be temporarily suspended at any time by a two-thirds (2/3) vote of the members present; and that on and after the fifth day prior to the day of adjournment sine die of any session, as determined pursuant to Article II, Section 12 of the state Constitution or concurrent resolution, or on and after the third day prior to the day a bill must be reported from the house as established by concurrent resolution, this rule may be suspended by a majority vote.

        A bill may be returned to second reading for the purpose of amendment by a suspension of the rules: PROVIDED, That on and after the fifth day prior to the day of adjournment sine die of any session, as determined pursuant to Article II, section 12 of the state Constitution or concurrent resolution, or on and after the third day prior to the day a bill must be reported from the house as established by concurrent resolution, this rule may be suspended and a bill returned to second reading for the purpose of amendment by a majority vote.

 

        (A) FIRST READING. The first reading of a bill shall be by title only, unless a majority of the members present demand a reading in full.

        After the first reading the bill shall be referred to an appropriate committee.

        Upon being reported out of committee, all bills shall be referred to the rules committee, unless otherwise ordered by the house.

        The rules committee may, by majority vote, refer any bill in its possession to a committee for further consideration. Such referral shall be reported to the house and entered in the journal under the fifth order of business.

 

        (B) SECOND READING. Upon second reading, the bill number and short title and the last line of the bill shall be read unless a majority of the members present shall demand its reading in full. The bill shall be subject to amendment section by section. No amendment shall be considered by the house until it has been sent to the chief clerk's desk in writing, distributed to the desk of each member, and read by the clerk. All amendments adopted during second reading shall be securely fastened to the original bill. All amendments rejected by the house shall be passed to the minute clerk, and the journal shall show the disposition of such amendments.

        When no further amendments shall be offered, the speaker shall declare the bill has passed its second reading.

 

        (C) SUBSTITUTE BILLS. When a committee reports a substitute for an original bill with the recommendation that the substitute bill do pass, it shall be in order to read the substitute the first time and have the same printed. A motion for the substitution shall not be in order until the second reading of the original bill.

 

        (D) THIRD READING. Only the last line of bills shall be read on third reading unless a majority of the members present demand a reading in full. No amendments to a bill shall be received on third reading but it may be referred or recommitted for the purpose of amendment.

 

        (E) SUSPENSION CALENDAR. Bills may be placed on the second reading suspension calendar by the rules committee if at least two minority party members of the rules committee join in such motion. Bills on the second reading suspension calendar shall not be subject to amendment or substitution except as recommended in the committee report. When a bill is before the house on the suspension calendar, the question shall be to adopt the committee recommendations and advance the bill to third reading. If the question fails to receive a two-thirds vote of the members present, the bill shall be referred to the rules committee for second reading.

 

        (F) HOUSE RESOLUTIONS. House resolutions shall be filed with the chief clerk who shall transmit them to the rules committee. If a rules committee meeting is not scheduled to occur prior to a time necessitated by the purpose of a house resolution, the majority leader and minority leader by agreement may waive transmission to the rules committee to permit consideration of the resolution by the house. The rules committee may adopt house resolutions by a sixty percent majority vote of its entire membership or may, by a majority vote of its members, place them on the motions calendar for consideration by the house. No more than one resolution per day may be scheduled for consideration by the house except by mutual agreement of the majority leader and minority leader: PROVIDED, That this limit does not apply to resolutions necessary for the operation of the house nor to resolutions scheduled for consideration on pro forma session days.

 

        (G) CONCURRENT RESOLUTIONS. Reading of concurrent resolutions may be advanced by majority vote.

 

Amendments

 

        Rule 11. The right of any member to offer amendments to proposed legislation shall not be limited except as provided in Rule 10(E) and as follows:

 

        (A) AMENDMENTS TO BE OFFERED IN PROPER FORM. The chief clerk shall establish the proper form for amendments and all amendments offered shall bear the name of the member who offers the same, as well as the number and section of the bill to be amended.

 

        (B) COMMITTEE AMENDMENTS. When a bill is before the house on second reading, amendments adopted by committees and recommended to the house shall be acted upon by the house before any amendments that may be offered from the floor.

 

        (C) SENATE AMENDMENTS TO HOUSE BILLS. A house bill, passed by the senate with amendment or amendments which shall change the scope and object of the bill, upon being received in the house, shall be referred to the appropriate committee and shall take the same course as for original bills unless a motion not to concur is adopted prior to the bill being referred to committee.

 

        (D) AMENDMENTS TO BE GERMANE. No motion or proposition on a subject different from that under consideration shall be admitted under color of amendment; and no bill or resolution shall at any time be amended by annexing thereto or incorporating therein any other bill or resolution pending before the house.

 

        (E) SCOPE AND OBJECT NOT TO BE CHANGED. No amendment to any bill shall be allowed which shall change the scope and object of the bill. This objection may be raised at any time an amendment is under consideration. The speaker may allow the person raising the objection and the mover of the amendment to provide brief arguments as to the merits of the objection. (Art. II § 38)

 

        (F) NO AMENDMENT BY REFERENCE. No act shall ever be revised or amended without being set forth at full length. (Art. II § 37)

 

        (G) TITLE AMENDMENTS. The subject matter portion of a bill title shall not be amended in committee or on second reading. Changes to that part of the title after the subject matter statement shall either be presented with the text amendment or be incorporated by the chief clerk in the engrossing process.

 

Final Passage

 

        Rule 12. Rules relating to bills on final passage are as follows:

 

        (A) RECOMMITMENT BEFORE FINAL PASSAGE. A bill may be recommitted at any time before its final passage.

 

        (B) FINAL PASSAGE. No bill shall become a law unless on its final passage the vote be taken by yeas and nays, the names of the members voting for and against the same be entered on the journal of each house, and a majority of the members elected to each house be recorded thereon as voting in its favor. (Art. II § 22)

 

        (C) BILLS PASSED - CERTIFICATION. When a bill passes, it shall be certified to by the chief clerk, said certification to show the date of its passage together with the vote thereon.

 

Hour of Meeting, Roll Call and Quorum

 

        Rule 13. (A) HOUR OF MEETING. The speaker shall call the house to order each day of sitting at 10:00 A.M., unless the house shall have adjourned to some other hour.

 

        (B) ROLL CALL AND QUORUM. Before proceeding with business, the roll of the members shall be called and the names of those absent or excused shall be entered on the journal. A majority of all the members elected must be present to constitute a quorum for the transaction of business. In the absence of a quorum, seven members with the speaker, or eight members in the speaker's absence, having chosen a speaker pro tempore, shall be authorized to demand a call of the house and may compel the attendance of absent members in the manner provided in Rule 21(B). For the purpose of determining if a quorum be present, the speaker shall count all members present, whether voting or not. (Art. II § 8)

 

        (C) The house shall adjourn not later than 10:00 P.M. of each working day. This rule may be suspended by a majority vote.

 

Daily Calendar and Order of Business

 

        Rule 14. The rules relating to the daily calendar and order of business are as follows:

 

        (A) DAILY CALENDAR. Business of the house shall be disposed of in the following order:

 

        First:      Roll call, presentation of colors, prayer, and approval of the journal of the preceding day.

        Second:  Introduction of visiting dignitaries.

        Third:     Messages from the senate, governor, and other state officials.

        Fourth:   Introduction and first reading of bills, memorials, joint resolutions, and concurrent resolutions.

        Fifth:      Committee reports.

        Sixth:     Second reading of bills.

        Seventh:  Third reading of bills.

        Eighth:    Floor resolutions and motions.

        Ninth:    Presentation of petitions, memorials, and remonstrances addressed to the Legislature.

        Tenth:     Introduction of visitors and other business to be considered.

        Eleventh:        Announcements.

 

        (B) UNFINISHED BUSINESS. The unfinished business at which the house was engaged preceding adjournment shall not be taken up until reached in regular order, unless the previous question on such unfinished business has been ordered prior to said adjournment.

 

        (C) EXCEPTIONS. Exceptions to the order of business are as follows:

        (1) The order of business may be changed by a majority vote of those present.

        (2) By motion under the eighth order of business, a bill in the rules committee may be placed on the calendar by the affirmative vote of a majority of all members of the house.

        (3) House resolutions and messages from the senate, governor, or other state officials may be read at any time.

 

Motions

 

        Rule 15. Rules relating to motions are as follows:

 

        (A) MOTIONS TO BE ENTERTAINED OR DEBATED. No motion shall be entertained or debated until announced by the speaker and every motion shall be deemed to have been seconded. A motion shall be reduced to writing and read by the clerk, if desired by the speaker or any member, before it shall be debated and by the consent of the house may be withdrawn before amendment or action.

 

        (B) MOTIONS IN ORDER DURING DEBATE. When a motion has been made and seconded and stated by the chair, the following motions are in order, in the rank named:

 

         1      Privileged motions:

                         Adjourn

                         Adjourn to a time certain

                         Recess to a time certain

                         Reconsider

                         Demand for division

                         Question of privilege

                         Orders of the day

                         

         2      Subsidiary motions:

                         First rank:       Question of consideration

                         Second rank:   To lay on the table

                         Third rank:      For the previous question

                         Fourth rank:    To postpone to a day certain

                                 To commit or recommit

                                 To postpone indefinitely

                         Fifth rank:       To amend

                                 

         3      Incidental motions:

                         Points of order and appeal

                         Method of consideration

                         Suspension of the rules

                         Reading papers

                         Withdraw a motion

                         Division of a question 

 

        (C) THE EFFECT OF POSTPONEMENT - MOTIONS TO POSTPONE OR COMMIT. Once decided, no motion to postpone to a day certain, to commit, or to postpone indefinitely shall again be allowed on the same day and at the same stage of the proceedings. When a question has been postponed indefinitely, it shall not again be introduced during the session. The motion to postpone indefinitely may be made at any stage of the bill except when on first reading.

 

        (D) MOTIONS DECIDED WITHOUT DEBATE. A motion to adjourn, to recess, to lay on the table and to call for the previous question shall be decided without debate.

        All incidental motions shall be decided without debate, except that members may speak to points of order and appeal as provided in Rule 22.

        A motion for suspension of the rules shall not be debatable except that the mover of the motion may briefly explain the purpose of the motion and one member may briefly state the opposition to the motion.

 

        (E) MOTION TO ADJOURN. A motion to adjourn shall always be in order, except when the house is voting or is working under the call of the house; but this rule shall not authorize any member to move for adjournment when another member has the floor.

 

Members Right to Debate

 

        Rule 16. The methods by which a member may exercise his or her right to debate are as follows:

 

        (A) RECOGNITION OF MEMBER. When any member desires to speak in debate or deliver any matter to the house, the member shall rise and respectfully address the speaker and pause until recognized.

 

        (B) ORDER OF SPEAKING. When two or more members arise at once, the speaker shall name the one who is to speak.

 

        (C) LIMITATION OF DEBATE. No member shall speak longer than ten (10) minutes without consent of the house: PROVIDED, That on and after the fifth day prior to the day of adjournment sine die of any session, as determined pursuant to Article II, Section 12 of the state Constitution or concurrent resolution, or on and after the third day prior to the day a bill must be reported from the house as established by concurrent resolution, no member shall speak more than three (3) minutes without the consent of the house. No member shall speak more than twice on the same question without leave of the house: PROVIDED, That the chair of the committee or the mover of the question may close debate if it is consistent with Rule 18 (Previous Question).

 

Rules of Debate

 

        Rule 17. The rules for debate in the house are as follows:

 

        (A) QUESTION OF PRIVILEGE. Any member may rise to a question of privilege and explain a personal matter, by leave of the speaker, but the member shall not discuss any pending question in such explanations.

 

        (B) WITHDRAWAL OF MOTION, BILL, ETC. After a motion is stated by the speaker or a bill, memorial, resolution, petition, or remonstrance is read by the clerk, it shall be deemed to be in possession of the house, but may be withdrawn by consent of the house at any time before decision or amendment.

 

        (C) READING OF A PAPER. When the reading of any paper is called for and is objected to by any member, it shall be determined by a vote of the house.

 

        (D) DISTRIBUTION OF MATERIALS. Any materials of any nature distributed to the members' desks on the floor shall be subject to approval by the speaker and shall bear the name of at least one member granting permission for the distribution. This shall not apply to materials normally distributed by the chief clerk.

 

        (E) ORDER OF QUESTIONS. All questions, whether in committee or in the house, shall be propounded in the order in which they are named except that in filling blanks, the largest sum and the longest time shall be put first.

 

        (F) DIVISION OF POINTS OF DEBATE. Any member may call for a division of a question which shall be divided if it embraces subjects so distinct that one being taken away a substantive proposition shall remain for the decision of the house; but a motion to strike out and to insert shall not be divided. The rejection of a motion to strike out and to insert one proposition shall not prevent a motion to strike out and to insert a different proposition.

 

        (G) DECORUM OF MEMBERS. While the speaker is putting the question, no member shall walk across or out of the house; nor when a member is speaking shall any member entertain private discourse or pass between the speaking member and the rostrum.

 

        (H) REMARKS CONFINED. A member shall confine all remarks to the question under debate and avoid personalities. No member shall impugn the motive of any member's vote or argument.

 

        (I) EXCEPTION TO WORDS SPOKEN IN DEBATE. If any member be called to order for words spoken in debate, the person calling the member to order shall repeat the words excepted to and they shall be taken down in writing at the clerk's table. No member shall be held in answer or be subject to the censure of the house for words spoken in debate if any other member has spoken before exception to them shall have been taken.

 

        (J) TRANSGRESSION OF RULES - APPEAL. If any member, in speaking or otherwise, transgresses the rules of the house the speaker shall, or any member may, call the member to order, in which case the member so called to order shall immediately sit down unless permitted to explain; and the house shall, if appealed to, decide the case without debate; if there be no appeal, the decision of the chair shall prevail.

        If the decision be in favor of the member called to order, the member shall be at liberty to proceed; if otherwise, and the case shall require it, the member shall be liable to the censure of the house.

 

Ending of Debate - Previous Question

 

        Rule 18. The previous question may be ordered by a two-thirds (2/3) vote of the members present on all recognized motions or amendments which are debatable.

 

        The previous question is not debatable and cannot be amended.

        The previous question shall be put in this form: "Representative __________ demands the previous question. As many as are in favor of ordering the previous question will say 'Aye'; as many as are opposed will say 'No'."

        The results of the motion are as follows: If determined in the negative, the consideration goes on as if the motion had never been made; if decided in the affirmative it shall have the effect of cutting off all debate and bringing the house to a direct vote upon the motion or amendment on which it has been ordered: PROVIDED HOWEVER, That when a bill is on final passage or when the motion to postpone indefinitely is pending, one of the sponsors of the bill or the chair of the committee may have the privilege of closing debate after the previous question has been ordered.

        If an adjournment is had after the previous question is ordered, the motion or proposition on which the previous question was ordered shall be put to the house immediately following the approval of the journal on the next working day, thus making the main question privileged over all other business, whether new or unfinished.

 

Voting

 

        Rule 19. (A) PUTTING OF QUESTION. The speaker shall put the question in the following form: "The question before the house is (state the question). As many as are in favor say 'Aye'; and after the affirmative vote is expressed, "as many as are opposed say 'No'."

 

        (B) ALL MEMBERS TO VOTE. Every member who was in the house when the question was put shall vote unless, for special reasons, excused by the house.

        All motions to excuse a member shall be made before the house divides or before the call for yeas and nays is commenced; and any member requesting to be excused from voting may make a brief and verbal statement of the reasons for making such request, and the question shall then be taken without further debate.

        Upon a division and count of the house on the question, only members at their desks within the bar of the house shall be counted.

 

        (C) CHANGE OF VOTE. When the electric roll call machine is used, no member shall be allowed to vote or change a vote after the speaker has locked the roll call machine. When an oral roll call is taken, no member shall be allowed to vote or change a vote after the result has been announced.

 

        (D) PRIVATE INTEREST. No member shall vote on any question which affects that member privately and particularly. A member who has a private interest in any bill or measure proposed or pending before the legislature shall disclose the fact to the house of which he is a member, and shall not vote thereon. (Art. II § 30)

 

        (E) INTERRUPTION OF ROLL CALL. Once begun, the roll call may not be interrupted. No member or other person shall visit or remain at the clerk's desk while the yeas and nays are being called.

 

        (F) YEAS AND NAYS - RECORDED VOTES. Upon the final passage of any bill, the vote shall be taken by yeas and nays and shall be recorded by the electric voting system: PROVIDED, HOWEVER, That an oral roll call shall be ordered when demanded by one-sixth (1/6) of the members present. (Art. II § 21)

        The speaker may vote last when the yeas and nays are called.

        When the vote is by electric voting machine or by oral roll call on any question, it shall be entered upon the journal of the house. A recorded vote may be compelled by one-sixth (1/6) of the members present. A request for a recorded vote must be made before the vote is commenced.

 

        (G) TIE VOTE, QUESTION LOSES. In case of an equal division, the question shall be lost.

 

        (H) DIVISION. If the speaker is in doubt, or if division is called for by any member, the house shall divide.

 

Reconsideration

 

        Rule 20. Notice of a motion for reconsideration on the final passage of bills shall be made on the day the vote to be reconsidered was taken and before the house has voted to transmit the bill to the senate.

        Reconsideration of the votes on the final passage of bills must be taken on the next working day after such vote was taken: PROVIDED, That on and after the fifth day prior to the day of adjournment sine die of any session, as determined pursuant to Article II, Section 12 of the state Constitution, or concurrent resolution, or on and after the third day prior to the day a bill must be reported from the house as established by concurrent resolution, then reconsideration of votes on the final passage of bills must be taken on the same day as the original vote was taken.

        A motion to reconsider an amendment may be made at any time the bill remains on second reading.

        Any member who voted on the prevailing side may move for reconsideration or give notice thereof.

        A motion to reconsider can be decided only once when decided in the negative.

        When a motion to reconsider has been carried, its effect shall be to place the original question before the house in the exact position it occupied before it was voted upon.

 

Call of the House

 

        Rule 21. One-sixth (1/6) of the members present may demand a call of the house at any time before the house has divided or the voting has commenced by yeas and nays.

 

        (A) DOORS TO BE CLOSED. When call of the house has been ordered, the sergeant at arms shall close and lock the doors, and no member shall be allowed to leave the chamber: PROVIDED, That the rules committee shall be allowed to meet, upon request of the speaker, while the house stands at ease: AND PROVIDED FURTHER, That the speaker may permit members to use such portions of the fourth floor as may be properly secured.

 

        (B) SERGEANT AT ARMS TO BRING IN THE ABSENTEES. The clerk shall immediately call a roll of the members and note the absentees, whose names shall be read and entered upon the journal in such manner as to show who are excused and who are absent without leave.

        The clerk shall furnish the sergeant at arms with a list of those who are absent without leave, and the sergeant at arms shall proceed to bring in such absentees; but arrests of members for absence shall not be made unless ordered by a majority of the members present.

 

        (C) HOUSE UNDER CALL. While the house is under a call, no business shall be transacted except to receive and act on the report of the sergeant at arms; and no other motion shall be in order except a motion to proceed with business under the call of the house, a motion to excuse absentees, or a motion to dispense with the call of the house. The motion to proceed with business under the call of the house and the motion to excuse absent members shall not be adopted unless a majority of the members elected vote in favor thereof. The motion to dispense with the call of the house may be adopted by a majority of the members present.

 

Appeal from Decision of Chair


        Rule 22. The decision of the chair may be appealed from by any member, on which appeal no member shall speak more than once unless by leave of the house. In all cases of appeal, the question shall be: "Shall the decision of the chair stand as the judgment of the house?"

 

Standing Committees

 

        Rule 23. The standing committees of the house and the number of members that shall serve on each committee shall be as follows:

 

1      Agriculture & Natural Resources. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13

2      Audit Review & Oversight. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

3      Capital Budget. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

4      Commerce & Labor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8

5      Community & Economic Development & Trade. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

6      Early Learning & Children's Services. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

7      Ecology & Parks. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

8      Education. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13

9      Education Appropriations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

10    Environmental Health. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

11    Finance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9

12    Financial Institutions & Insurance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11

13    General Government Appropriations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15

14    Health & Human Services Appropriations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

15    Health Care & Wellness. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13

16    Higher Education. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11

17    Human Services. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8

18    Judiciary. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11

19    Local Government & Housing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11

20    Public Safety & Emergency Preparedness. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9

21    Rules. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24

22    State Government & Tribal Affairs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

23    Technology, Energy & Communications. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16

24    Transportation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29

25    Ways & Means. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22 

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

 

Duties of Committees

 

        Rule 24. House committees shall operate as follows:

 

        (A) NOTICE OF COMMITTEE MEETING. The chief clerk shall make public the time, place and subjects to be discussed at committee meetings. All public hearings held by committees shall be scheduled at least five (5) days in advance and shall be given adequate publicity: PROVIDED, That when less than eight (8) days remain for action on a bill, the Speaker may authorize a reduction of the five-day notice period when required by the circumstances, including but not limited to the time remaining for action on the bill, the nature of the subject, and the number of prior hearings on the subject.

 

        (B) COMMITTEE QUORUM. A majority of any committee shall constitute a quorum for the transaction of business.

 

        (C) SESSION MEETINGS. No committee shall sit while the house is in session without special leave of the speaker.

 

        (D) DUTIES OF STANDING COMMITTEES.

 

        (1) Only such bills as are included on the written notice of a committee meeting may be considered at that meeting except upon the vote of a majority of the entire membership of the committee to consider another bill.

        (2) A majority recommendation of a committee must be signed by a majority of the entire membership of the committee in a regularly called meeting before a bill, memorial, or resolution may be reported out: PROVIDED, That by motion under the eighth order of business, a majority of the members elected to the house may relieve a committee of a bill and place it on the second reading calendar.

        Majority recommendations of a committee can only be "do pass," "do pass as amended," or that "the substitute bill be substituted therefor and that the substitute bill do pass."

        (3) Members of the committee not concurring in the majority report may prepare a written minority report containing a recommendation of "do not pass" or "without recommendation," which shall be signed by those members of the committee subscribing thereto, and submitted with the majority report.

        (4) All committee reports shall be spread upon the journal. The journal of the house shall contain an exact copy of all committee reports, together with the names of the members signing such reports.

        (5) Every vote to report a bill out of committee shall be taken by the yeas and nays, and the names of the members voting for and against, as well as the names of members absent, shall be recorded on the committee report. Any member may call for a recorded vote, which shall include the names of absent members, on any substantive question before the committee. A copy of all recorded committee votes shall be kept by the chief clerk and shall be available for public inspection.

        (6) All bills having a direct appropriation shall be referred to the appropriate fiscal committee before their final passage.

        (7) No standing committee shall vote by secret written ballot on any issue.

        (8) During its consideration of or vote on any bill, resolution, or memorial, the deliberations of any standing committee of the house of representatives shall be open to the public.

        (9) A standing committee to which a bill was originally referred shall, prior to voting the bill out of committee, consider whether the bill authorizes rule-making powers or requires the exercise of rule-making powers and, if so, consider:

        (a) The nature of the new rule-making powers; and

        (b) To which agencies the new rule-making powers would be delegated and which agencies, if any, may have related rule-making powers.

 

Standing Committees - Expenses - Subpoena Power

 

        Rule 25. Regardless of whether the legislature is in session, members of the house may receive from moneys appropriated for the legislature, reimbursement for necessary travel expenses, and payments in lieu of subsistence and lodging for conducting official business of the house.

        The standing committees of the house may have the powers of subpoena, the power to administer oaths, and the power to issue commissions for the examination of witnesses in accordance with the provisions of chapter 44.16 RCW. Before a standing committee of the house may issue any process, the committee chairperson shall submit for approval of the executive rules committee a statement of purpose setting forth the name or names of those subject to process. The process shall not be issued prior to approval by the executive rules committee. The process shall be limited to the named individuals.

 

Vetoed Bills

 

        Rule 26. Veto messages of the governor shall be read in the house and entered upon the journal. It shall then be in order to proceed to reconsider the bill, refer it, lay it on the table, or postpone its consideration to a day certain.

        The merits of the bill may be debated before the vote is taken, but the vote on a vetoed bill cannot be reconsidered.

        In case of a bill containing several sections or items, one or more of which has been objected to by the governor, each section or item so objected to shall be voted upon separately by the house. Action by the house upon all vetoed bills shall be endorsed upon the bill and certified by the speaker.

        Vetoed bills originating in the house, which have not been passed notwithstanding the veto of the governor, shall remain in the custody of the officers of the house until the close of the term, after which they shall be filed with the secretary of state.

 

Suspension of Compensation

 

        Rule 27. (1) Any member of the house of representatives convicted and sentenced for any felony punishable by death or by imprisonment in a Washington state penal institution shall, as of the time of sentencing, be denied the legislative salary for future service and be denied per diem, compensation for expenses, office space facilities, and assistance. Any member convicted of a felony and sentenced therefor under any federal law or the law of any other state shall, as of the time of sentencing, be similarly denied such salary, per diem, expenses, facilities, and assistance if either (a) such crime would also constitute a crime punishable under the laws of Washington by death or by imprisonment in a state penal institution, or (b) the conduct resulting in the conviction and sentencing would also constitute a crime punishable under the laws of Washington by death or by imprisonment in a state penal institution.

        (2) At any time, the house may vote by a constitutional majority to restore the salary, per diem, expenses, facilities, and assistance denied a member under subsection (1). If the conviction of a member is reversed, then the salary, per diem, and expense amounts denied the member since sentencing shall be forthwith paid, and the member shall thereafter have the rights and privileges of other members.

 

Smoking

 

        Rule 28. Smoking of cigarettes, pipes, or cigars shall not be permitted at any public meeting of any committee of the house of representatives or within House facilities.

        "No smoking" signs shall be posted so as to give notice of this rule.

 

Liquor

 

        Rule 29. The House of Representatives shall strictly adhere to the liquor laws of the state of Washington, including provisions relating to banquet and special occasion permits. The proper permits must always be obtained before consumption of liquor in any house facility.

 

Parliamentary Rules

 

        Rule 30. The rules of parliamentary practice comprised in Reed's Parliamentary Rules shall govern all cases in which they are not inconsistent with the standing rules and orders of the house.

 

Standing Rules Amendment

 

        Rule 31. Any standing rule may be rescinded or changed by a majority vote of the members elected: PROVIDED, That the proposed change or changes be submitted at least one day in advance in writing to the members together with notice of the consideration thereof. Any standing rule may be suspended temporarily by a two-thirds (2/3) vote of the members present except as provided in Rule 10.

 

Rules to Apply for Assembly

 

        Rule 32. The permanent house rules adopted at the beginning of the term are to govern all acts of the house during the course of the term unless amended or repealed.

 

Legislative Mailings

 

        Rule 33. The House of Representatives directs the house executive rules committee to adopt procedures and guidelines to ensure that all legislative mailings at public expense are for legitimate legislative purposes.


        Representative Kessler moved adoption of House Resolution No. 4608.


         Representatives Kessler and Kretz spoke in favor of adoption of the resolution.


        HOUSE RESOLUTION NO. 4608 was adopted.


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


COMMITTEE APPOINTMENTS

        The Speaker (Representative Morris presiding) announced the following committee appointments:


        Representative Bailey was appointed to the Committee on Rules.

        Representative Liias was appointed to the Committee on Rules.

        Representative Cox was appointed to the Committee on Education, to the Committee on Transportation, and to the Committee on Local Government & Housing, replacing Representative Anderson, and to the Committee on Education Appropriations, replacing Representative Condotta.

        Representative Hudgins was appointed to the Committee on General Government Appropriations.

        Representative Hurst was appointed to the Committee on State Government & Tribal Affairs, replacing Representative Hudgins.

        Representative Liias was appointed to the Committee on Agriculture & Natural Resources, replacing Representative Hurst.


POINT OF PERSONAL PRIVILEGE


        Representative Ericks took a moment personal privilege to welcome the newly appointed Representative from the 9th District, Don Cox, back to the House of Representatives.


        There being no objection, the House adjourned until 9:55 a.m., January 27, 2009, the 16th Day of the Regular Session.


FRANK CHOPP, Speaker

BARBARA BAKER, Chief Clerk