SIXTY FIFTH LEGISLATURE - REGULAR SESSION

 

 

SEVENTEENTH DAY

 

 

House Chamber, Olympia, Wednesday, January 25, 2017

 


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

 

The flags were escorted to the rostrum by a Sergeant at Arms Color Guard, Pages Elias and Hannah Hadjes.  The Speaker (Representative Lovick presiding) led the Chamber in the Pledge of Allegiance.  The prayer was offered by Pastor Tito Lyro, Bible Presbyterian Church, Olympia, Washington.

 

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

 

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

 

INTRODUCTION & FIRST READING

 

HB 1594 by Representatives McBride, Nealey, Springer, Clibborn, Hayes, Gregerson, Peterson, Koster, Griffey, Klippert, Kilduff, Muri, Senn, Goodman, Haler, Robinson, Sells, Steele, Fitzgibbon, Fey, Kraft, Bergquist, Smith, Tharinger, Stanford, Kloba, Jinkins, Hargrove, Slatter and Kagi

 

AN ACT Relating to improving public records administration; amending RCW 42.56.152, 42.56.520, 42.56.570, 40.14.024, and 36.22.175; adding a new section to chapter 40.14 RCW; creating new sections; making an appropriation; and providing expiration dates.

 

Referred to Committee on Appropriations.

 

HB 1595 by Representatives Nealey, McBride, Senn, Springer, Koster, Klippert, Dye, Schmick, J. Walsh, Haler, Manweller, Harris, Dent, Peterson, Bergquist, Gregerson, Clibborn, Fey, Fitzgibbon, Dolan, Wilcox, Lytton, Griffey, Hayes, Muri, Goodman, Robinson, Sells, Steele, Kraft, Smith, Tharinger, Stanford, Kloba, Jinkins, Hargrove, Slatter and Kagi

 

AN ACT Relating to costs associated with responding to public records requests; and amending RCW 42.56.070, 42.56.080, and 42.56.120.

 

Referred to Committee on State Government.

 

HB 1596 by Representatives Doglio, Fitzgibbon, McBride, Stanford, Peterson, Farrell, Kagi, Senn, Ryu, Sullivan, Gregerson, Hudgins, Pollet, Jinkins and Tarleton

 

AN ACT Relating to requiring manufacturers of electronics to report the presence of high priority chemicals under the children's safe products act; and amending RCW 70.240.040.

 

Referred to Committee on Environment.

 

HB 1597 by Representatives Blake, Kretz and Doglio

 

AN ACT Relating to increasing revenue to the state wildlife account by increasing commercial fishing license fees and streamlining wholesale fish dealing, buying, and selling requirements; amending RCW 77.12.170, 77.12.177, 77.15.096, 77.15.110, 77.15.170, 77.15.500, 77.15.565, 77.15.568, 77.15.620, 77.15.630, 77.15.640, 77.65.010, 77.65.020, 77.65.090, 77.65.110, 77.65.120, 77.65.150, 77.65.160, 77.65.170, 77.65.190, 77.65.200, 77.65.240, 77.65.280, 77.65.310, 77.65.320, 77.65.330, 77.65.340, 77.65.350, 77.65.390, 77.65.440, 77.65.480, 77.65.490, 77.65.500, 77.65.510, 77.65.580, 77.65.590, 77.70.150, 77.70.190, 77.70.220, 77.70.280, 77.70.290, 77.70.300, 77.70.340, 77.70.430, 77.70.490, 82.27.020, 82.27.070, 69.07.100, and 36.71.090; reenacting and amending RCW 77.08.010, 77.65.210, 77.65.220, and 77.65.370; adding a new section to chapter 77.65 RCW; creating a new section; repealing RCW 77.65.290, 77.65.300, 77.65.360, 77.65.515, 77.65.520, and 77.65.900; and providing an effective date.

 

Referred to Committee on Appropriations.

 

HB 1598 by Representatives Sullivan, DeBolt, Kilduff, Caldier, Muri and Young

 

AN ACT Relating to patient safeguards in agreements between dentists and third parties that provide support services to dentists; amending RCW 18.32.020, 18.32.655, and 18.32.091; adding a new section to chapter 18.32 RCW; and creating new sections.

 

Referred to Committee on Health Care & Wellness.

 

HB 1599 by Representatives Farrell, Vick, Sawyer and Fey

 

AN ACT Relating to authorizing licensed spirits and wine distributors to sell spirits and wine products to their employees in certain circumstances; and adding a new section to chapter 66.28 RCW.

 

Referred to Committee on Commerce & Gaming.

 

HB 1600 by Representatives Santos, Pettigrew, Harris, Young, Stonier, Pike, Appleton, Johnson, Fey, Bergquist, Hudgins, Kraft, Slatter and Tarleton

 

AN ACT Relating to increasing the career and college readiness of public school students; adding a new section to chapter 28A.630 RCW; adding new sections to chapter 28C.18 RCW; and providing expiration dates.

 

Referred to Committee on Appropriations.

 

HB 1601 by Representatives Santos, Fey, Pollet and Slatter

 

AN ACT Relating to the beginning educator support team program; amending RCW 28A.415.265; and creating a new section.

 

Referred to Committee on Appropriations.

 

HB 1602 by Representatives Young, J. Walsh, McCaslin, Shea, Taylor, Harmsworth, Buys, Orcutt, Holy, Dent, Klippert, Manweller, Vick, Harris, Johnson, Hargrove, Van Werven, Kraft, McCabe, Stambaugh, Caldier, Koster, Condotta, Rodne, Irwin, Chandler, Volz, Short, Haler, Barkis, Steele, Kristiansen, Hayes, Wilcox, Muri, Schmick, Dye, Pike, McDonald, Griffey, Smith, MacEwen, DeBolt, Jenkin, Nealey, Kretz, Stokesbary and Graves

 

AN ACT Relating to protecting the first amendment rights of school sports coaches and others; adding a new section to chapter 49.60 RCW; creating a new section; and prescribing penalties.

 

Referred to Committee on Judiciary.

 

HB 1603 by Representatives Kilduff, Sawyer, Goodman, McBride and Frame

 

AN ACT Relating to updating the child support economic table based on recommendations of the child support work group; amending RCW 26.19.020; and providing an effective date.

 

Referred to Committee on Ways & Means.

 

HB 1604 by Representatives Pettigrew, Hayes, Klippert, Griffey, Appleton, Haler and McBride

 

AN ACT Relating to expanding the permitted uses of surplus funds from boater education card fees to certain boating safety programs and activities; and amending RCW 79A.60.630, 79A.60.650, and 79A.60.640.

 

Referred to Committee on Appropriations.

 

HB 1605 by Representatives Pettigrew, Hayes and Klippert

 

AN ACT Relating to vessel impoundment; and adding a new section to chapter 79A.60 RCW.

 

Referred to Committee on Public Safety.

 

HB 1606 by Representatives Pike, Tarleton, Orcutt, Stambaugh, Harmsworth, Gregerson and Hargrove

 

AN ACT Relating to requiring transportation benefit districts to hold public hearings prior to imposing fees or charges by a vote of the governing board; and amending RCW 36.73.065.

 

Referred to Committee on Transportation.

 

HB 1607 by Representatives Pike, Shea, Koster, Vick, Taylor, Rodne, Short, Buys, Nealey, Condotta, Schmick and Manweller

 

AN ACT Relating to requiring periodic certification elections for labor unions representing public employees; and amending RCW 41.56.060, 41.56.070, 41.80.070, 41.80.080, 28B.52.030, 41.76.020, 41.59.070, and 47.64.135.

 

Referred to Committee on Labor & Workplace Standards.

 

HB 1608 by Representatives Pike, Manweller, Caldier, Appleton, Stanford, McBride, Wylie, Chapman, Griffey, Blake, Tarleton, Harris, Condotta, Santos and Haler

 

AN ACT Relating to restoring resources to the capital budget beginning with the 2017-2019 biennium; amending RCW 82.45.060, 82.16.020, and 82.18.040; and declaring an emergency.

 

Referred to Committee on Appropriations.

 

HB 1609 by Representatives Pike, Blake, Harris, Taylor, Griffey, J. Walsh, Young and Kraft

 

AN ACT Relating to encouraging sustainable agricultural production and rural development through flexibility in lot sizes; amending RCW 36.70A.030; and creating a new section.

 

Referred to Committee on Environment.

 

HB 1610 by Representatives Manweller, McCabe, Condotta and Pike

 

AN ACT Relating to definition of employment for purposes of the state unemployment tax; adding a new section to chapter 50.04 RCW; and creating a new section.

 

Referred to Committee on Labor & Workplace Standards.

 

HB 1611 by Representatives Farrell, Fitzgibbon, Fey, Peterson, Slatter, Tharinger, Pollet, Stonier, Senn, Appleton, Chapman, Goodman, Robinson, Pettigrew, Bergquist, Hudgins, McBride, Cody, Macri, Doglio, Stanford, Jinkins, Tarleton and Kagi

 

AN ACT Relating to oil transportation safety; amending RCW 88.40.025, 88.40.030, 88.40.040, 88.16.190, 90.56.370, 82.23B.020, 82.23B.030, 90.56.200, 90.56.240, 90.56.510, 90.56.565, 90.56.210, 90.56.220, 90.56.230, and 80.50.060; reenacting and amending RCW 88.40.011, 88.40.020, 82.23B.010, and 80.50.020; adding a new section to chapter 90.56 RCW; creating new sections; repealing RCW 82.23B.040; prescribing penalties; providing an effective date; providing an expiration date; and declaring an emergency.

 

Referred to Committee on Finance.

 

HB 1612 by Representatives Orwall, Harris, Jinkins, Goodman, Haler, Robinson, Fey, Kilduff and McBride

 

AN ACT Relating to a public health educational platform for suicide prevention and strategies to reduce access to lethal means; amending RCW 43.70.445 and 43.70.442; adding a new section to chapter 43.70 RCW; creating a new section; making an appropriation; and providing an effective date.

 

Referred to Committee on Appropriations.

 

HB 1613 by Representatives Dent, Pettigrew, Chandler, Griffey, Ortiz-Self, Kagi, Johnson and Fey

 

AN ACT Relating to making expenditures from the budget stabilization account for 2015 wildfires; creating a new section; making an appropriation; and declaring an emergency.

 

Referred to Committee on Appropriations.

 

HB 1614 by Representatives Goodman, Klippert, Orwall, Hayes, Pellicciotti, Holy, Griffey, Pettigrew, Muri and Haler

 

AN ACT Relating to impaired driving; amending RCW 46.20.385, 46.20.720, 46.61.504, 46.61.506, 46.61.517, and 46.64.025; and reenacting and amending RCW 9.96.060 and 10.31.100.

 

Referred to Committee on Transportation.

 

HB 1615 by Representatives Kloba, Clibborn, Rodne, Doglio, Stanford and Jinkins

 

AN ACT Relating to relocation assistance for persons displaced by agency property acquisitions; and amending RCW 8.26.035, 8.26.045, and 8.26.055.

 

Referred to Committee on Transportation.

 

HB 1616 by Representatives McBride, Johnson, Stanford, Pollet and Jinkins

 

AN ACT Relating to affordable housing loan programs; and amending RCW 43.185A.110.

 

Referred to Committee on Human Services, Mental Health & Housing.

 

HB 1617 by Representatives Ortiz-Self, Farrell and Riccelli

 

AN ACT Relating to child welfare volunteer guardian ad litem program requirements; amending RCW 13.34.102; and reenacting and amending RCW 13.34.030.

 

Referred to Committee on Early Learning & Human Services.

 

HB 1618 by Representatives Ortiz-Self, Harris, Santos, Johnson, Bergquist and Kagi

 

AN ACT Relating to family and community engagement coordinators; amending RCW 28A.150.260 and 28A.165.035; adding a new section to chapter 28A.150 RCW; creating a new section; and providing an effective date.

 

Referred to Committee on Education.

 

HB 1619 by Representatives Farrell and Pollet

 

AN ACT Relating to health care cost transparency; creating a new section; and providing an expiration date.

 

Referred to Committee on Health Care & Wellness.

 

HB 1620 by Representatives Lovick, McDonald, Johnson, Hayes, Stonier, Griffey, McBride, Harris, Springer, Stambaugh, Gregerson, Appleton, Muri and Haler

 

AN ACT Relating to expanding the authority of local governments to require criminal history background checks; and amending RCW 35.21.920, 35A.21.370, 36.01.300, and 35.61.130.

 

Referred to Committee on Local Government.

 

HB 1621 by Representatives Senn, Pettigrew, Stonier, Clibborn, Lytton, Farrell, Hudgins, Bergquist, Riccelli, Ortiz-Self, Fey, Doglio, Slatter and Kagi

 

AN ACT Relating to providing funding allocations to promote children's health and social-emotional learning; amending RCW 28A.150.260; reenacting and amending RCW 28A.150.260; adding a new section to chapter 28A.150 RCW; creating a new section; providing effective dates; and providing a contingent expiration date.

 

Referred to Committee on Appropriations.

 

HB 1622 by Representatives Senn, Springer, Tharinger, Ormsby and Fey

 

AN ACT Relating to the state building code council; amending RCW 19.27.015, 19.27.035, 19.27.070, 19.27.074, 19.27.085, 19.27.095, and 19.27A.020; reenacting and amending RCW 34.05.328; adding a new section to chapter 19.27 RCW; creating a new section; and providing an expiration date.

 

Referred to Committee on State Government.

 

HB 1623 by Representatives Senn, Springer, Tarleton and Slatter

 

AN ACT Relating to secondhand dealers utilizing automated kiosks to purchase secondhand electronic devices; amending RCW 19.60.020 and 19.60.055; reenacting and amending RCW 19.60.010; and adding a new section to chapter 19.60 RCW.

 

Referred to Committee on Commerce, Labor & Sports.

 

HB 1624 by Representatives Senn, Dent, Kagi, Lytton, Farrell, Pettigrew, Hudgins, Goodman, Frame and Slatter

 

AN ACT Relating to working connections child care eligibility for vulnerable children; amending RCW 43.215.135; creating a new section; and providing an effective date.

 

Referred to Committee on Appropriations.

 

HB 1625 by Representative Klippert

 

AN ACT Relating to smoking marijuana in the presence of children; amending RCW 69.50.445 and 69.51A.060; and prescribing penalties.

 

Referred to Committee on Commerce & Gaming.

 

HB 1626 by Representatives Blake and J. Walsh

 

AN ACT Relating to changing the date in which community impact statements are provided to the department of corrections; and amending RCW 72.09.285.

 

Referred to Committee on Public Safety.

 

HB 1627 by Representatives Ryu and McBride

 

AN ACT Relating to nonprofit corporation facilities financing; and amending RCW 43.180.300.

 

Referred to Committee on Human Services, Mental Health & Housing.

 

HB 1628 by Representatives Kagi, Dent, Senn, Appleton, Johnson, McDonald, Goodman, Fey, Kilduff, Frame, Clibborn, Tharinger, Stanford, Pollet, Jinkins and Slatter

 

AN ACT Relating to the educational success of youth in foster care; and amending RCW 28A.320.192.

 

Referred to Committee on Education.

 

HB 1629 by Representatives Sells and Manweller

 

AN ACT Relating to extending the redetermination timeline regarding appeals to the department of labor and industries; reenacting and amending RCW 49.17.140; and providing an effective date.

 

Referred to Committee on Commerce, Labor & Sports.

 

HB 1630 by Representatives Slatter, McDonald, Senn, Dent, Kilduff, McBride, Frame, Jinkins, Kloba, Santos, Appleton, Muri, Fey, Doglio, Stanford and Kagi

 

AN ACT Relating to allowing minors to consent to share their personally identifying information in the Washington homeless client management information system; and amending RCW 43.185C.180.

 

Referred to Committee on Human Services, Mental Health & Housing.

 

HB 1631 by Representatives Hayes, Bergquist, Harmsworth, Irwin, Haler, Van Werven, Hargrove, Shea, Rodne, Harris, Orcutt, Goodman, Young, Pike and Fitzgibbon

 

AN ACT Relating to imposing an additional penalty for distracted driving; adding a new section to chapter 46.61 RCW; creating a new section; and prescribing penalties.

 

Referred to Committee on Transportation.

 

HB 1632 by Representatives Hargrove, Rodne, Griffey, Irwin, Stokesbary, Sullivan and Young

 

AN ACT Relating to state board of health rules regarding on-site sewage systems; and amending RCW 43.20.050.

 

Referred to Committee on Environment.

 

HB 1633 by Representatives Riccelli, Kirby, Macri, Frame, Goodman, Kagi, Peterson, Jinkins, Ormsby, Kloba, Senn, Stonier, Stanford, Appleton, Robinson, McBride, Doglio, Pollet and Santos

 

AN ACT Relating to ensuring housing options; and adding a new section to chapter 59.18 RCW.

 

Referred to Committee on Judiciary.

 

HB 1634 by Representatives Pettigrew and Fitzgibbon

 

AN ACT Relating to continuity of transit operation reporting by public transportation systems; and adding a new section to chapter 35.58 RCW.

 

Referred to Committee on Transportation.

 

HB 1635 by Representatives Barkis, Stanford and Harmsworth

 

AN ACT Relating to the disposition of tenant property placed upon the nearest public property; and amending RCW 59.18.312.

 

Referred to Committee on Judiciary.

 

HB 1636 by Representatives Jinkins, Johnson, Tharinger, Harris, Appleton and Fey

 

AN ACT Relating to establishing a program to fund long-term services and supports; adding a new chapter to Title 50 RCW; and providing an effective date.

 

Referred to Committee on Health Care & Wellness.

 

HB 1637 by Representatives Pettigrew, Harris, Stonier, Johnson, Cody, DeBolt, Jinkins, Caldier, Riccelli, Appleton, Senn, Kilduff, McBride and Kagi

 

AN ACT Relating to ensuring access to primary care services for medicaid beneficiaries by applying the medicare payment rate floor to primary care services furnished under medicaid by providers of primary care services; adding a new section to chapter 74.09 RCW; and creating a new section.

 

Referred to Committee on Health Care & Wellness.

 

HB 1638 by Representatives Ortiz-Self, Frame, Kagi and Goodman

 

AN ACT Relating to the provision of trauma-informed child care; reenacting and amending RCW 43.215.010; adding new sections to chapter 43.215 RCW; creating a new section; and providing an expiration date.

 

Referred to Committee on Early Learning & Human Services.

 

HB 1639 by Representatives Ortiz-Self, Dent, Frame, Kagi, Goodman, Fey and Doglio

 

AN ACT Relating to creating a specialized child care pilot program for vulnerable children; adding a new section to chapter 43.215 RCW; creating a new section; and providing an expiration date.

 

Referred to Committee on Appropriations.

 

HB 1640 by Representatives Graves, Jinkins and Tharinger

 

AN ACT Relating to allowing notaries and proof of identity for advance directives; and amending RCW 70.122.030.

 

Referred to Committee on Law & Justice.

 

HB 1641 by Representatives McBride, Caldier, Graves, Jinkins, Fey, Clibborn and Stanford

 

AN ACT Relating to informed consent for nonemergency, outpatient, primary health care services for unaccompanied homeless youth under the federal McKinney-Vento homeless assistance act; amending RCW 7.70.065; and repealing RCW 28A.320.147.

 

Referred to Committee on Judiciary.

 

HB 1642 by Representatives Irwin, Pellicciotti, Hayes, Orwall, Rodne, McCabe, Holy and Muri

 

AN ACT Relating to the crime of attempting to elude a pursuing police vehicle; reenacting and amending RCW 9.94A.515; and prescribing penalties.

 

Referred to Committee on Appropriations.

 

HB 1643 by Representatives Ortiz-Self, Senn, Lovick, Appleton, Goodman, Bergquist, Hudgins, McBride, Frame, Doglio, Stanford, Pollet, Slatter and Tarleton

 

AN ACT Relating to creating a loan forgiveness program for teachers in high-need schools; and creating a new section.

 

Referred to Committee on Education.

 

HB 1644 by Representatives Ortiz-Self, Senn, Lovick, Fey, Bergquist and Pollet

 

AN ACT Relating to providing responsive, needs-based training opportunities for addressing the teacher shortage through improved teacher recruitment, teacher selection, and teacher onboarding and induction; adding a new section to chapter 28A.410 RCW; and creating a new section.

 

Referred to Committee on Education.

 

HB 1645 by Representatives Ortiz-Self, Senn, Lovick, Bergquist, Doglio, Pollet and Peterson

 

AN ACT Relating to addressing the educator shortage and diversifying the educator workforce by supporting future educators from local communities; and creating a new section.

 

Referred to Committee on Education.

 

HB 1646 by Representatives Fitzgibbon, Appleton, Fey, Goodman, McBride, Cody, Macri, Doglio, Pollet and Jinkins

 

AN ACT Relating to promoting an equitable clean energy economy by creating a carbon tax that allows investment in clean energy, clean air, healthy forests, and Washington's communities; amending RCW 70.235.020; adding a new chapter to Title 70 RCW; adding a new chapter to Title 82 RCW; and creating new sections.

 

Referred to Committee on Environment.

 

HB 1647 by Representatives Springer, Pettigrew, Tarleton, Fitzgibbon, Robinson, Tharinger, McBride and Doglio

 

AN ACT Relating to increasing revenue to the state wildlife account by adjusting recreational fishing and hunting fees; amending RCW 77.12.184, 77.32.010, 77.32.050, 77.32.070, 77.32.256, 77.32.350, 77.32.370, 77.32.430, 77.32.440, 77.32.450, 77.32.460, 77.32.470, 77.32.480, 77.32.520, 77.32.575, and 77.32.580; reenacting and amending RCW 77.08.010; adding a new section to chapter 77.12 RCW; adding new sections to chapter 77.32 RCW; repealing 2009 c 420 s 7, 2011 c 339 s 40, and 2016 c 223 ss 7-9 (uncodified); providing an effective date; and declaring an emergency.

 

Referred to Committee on Agriculture & Natural Resources.

 

HB 1648 by Representatives Stonier, Frame, Peterson, Harris, Vick, Wylie and Pike

 

AN ACT Relating to county treasurer administrative efficiencies; amending RCW 84.56.020, 84.56.050, and 82.45.090; and repealing 2014 c 13 s 3 (uncodified).

 

Referred to Committee on Local Government.

 

HB 1649 by Representatives Shea, Taylor, McCaslin, Koster, Short, Buys, Hargrove, Holy and Young

 

AN ACT Relating to declaring that the right to life, as recognized in the Declaration of Independence and guaranteed by the Constitutions of the United States and Washington state, is vested in each human being beginning at the moment at which an individual comes into being; and adding a new chapter to Title 1 RCW.

 

Referred to Committee on Health Care & Wellness.

 

HB 1650 by Representatives Shea, Taylor, McCaslin, Hargrove and Young

 

AN ACT Relating to reducing motorcycle rider liability for actions required of helmet manufacturers; amending RCW 46.37.530; and creating a new section.

 

Referred to Committee on Transportation.

 

HB 1651 by Representatives Pollet, Doglio, Kilduff, Gregerson, Peterson, Frame, Bergquist, Orwall, Goodman, Fey, Haler and Stanford

 

AN ACT Relating to supporting students' success by increasing retention and graduation rates with evidence-based programs; adding a new section to chapter 28B.10 RCW; adding a new section to chapter 28B.50 RCW; adding new sections to chapter 28B.77 RCW; adding a new section to chapter 28B.20 RCW; creating a new section; and making an appropriation.

 

Referred to Committee on Higher Education.

 

HB 1652 by Representatives Pollet, Tharinger and Santos

 

AN ACT Relating to the University of Washington's alternative process for awarding contracts; amending RCW 28B.20.744; and repealing RCW 43.131.413 and 43.131.414.

 

Referred to Committee on Capital Budget.

 

HB 1653 by Representatives Pollet and Stanford

 

AN ACT Relating to protecting the public health of food consumers; amending RCW 19.86.023; adding a new chapter to Title 70 RCW; and creating a new section.

 

Referred to Committee on Agriculture & Natural Resources.

 

There being no objection, the bills listed on the day’s introduction sheet under the fourth order of business were referred to the committees so designated, with the exception of HOUSE BILL NO. 1622, which was referred to the Committee on Local Government and HOUSE BILL NO. 1637, which was referred to the Committee on Appropriations.

 

RESOLUTION

 

HOUSE RESOLUTION NO. 2017-4610, by Representative Sullivan

 

((WHEREAS, The House of Representatives adopted temporary rules for the Sixty-fifth Legislature (2017-2018) under House Resolution No. 2017-4601;

NOW, THEREFORE,)) BE IT RESOLVED, That ((Rule 23 as set forth in House Resolution No. 2017-4601 is amended to read)) the permanent House Rules for the Sixty-Fifth Legislature be adopted as follows:

((TEMPORARY)) PERMANENT RULES OF THE HOUSE OF REPRESENTATIVES

SIXTY-FIFTH LEGISLATURE 2017-2018

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 II § 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 appropriations, capital budget, finance, and transportation 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;

State elected officials;

Officers and authorized employees of the legislature;

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

Representatives of the press;

Other persons with the consent of the speaker.

(B) Only members of the house, 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.

No house bill may be introduced that is identical to any other pending house bill.

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. House resolutions are not subject to debate, except for resolutions necessary for the operation of the house, and resolutions commemorating Children's Day, Day of Remembrance, Martin Luther King Jr. Day, National Guard Day, and President's Day.

(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) BUDGET BILLS. No final passage vote may be taken on an operating budget, transportation budget, or capital budget bill until twenty-four (24) hours after the bill is placed on the third reading calendar. The twenty-four (24) hour requirement does not apply to conference reports, which are governed by Joint Rule 20, or to bills placed on the third reading calendar by a two-thirds (2/3) vote of the members present.

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

(C) 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)

(D) 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.

Motions to adopt house resolutions shall be decided without debate, except as provided in Rule 10(F).

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 any 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.

(I) STATEMENT FOR JOURNAL. A member whose recorded vote does not accurately reflect his or her intent may submit a written statement for the journal clarifying their intent to vote aye or nay. The statement must be submitted to the chief clerk on the same day the vote is taken. A member who is excused for one or more days of recorded votes may submit a written statement for the journal explaining the reason for his or her absence. The statement may not exceed fifty words and must be submitted to the chief clerk on the same day the member returns.

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. Appropriations............................................................................................................................................................................... 33

3. Business & Financial Services...................................................................................................................................................... 11

4. Capital Budget............................................................................................................................................................................... 19

5. Commerce & Gaming................................................................................................................................................................... 11

6. Community Development, Housing & Tribal Affairs..................................................................................................................... 7

7. Early Learning & Human Services............................................................................................................................................... 13

8. Education....................................................................................................................................................................................... 19

9. Environment.................................................................................................................................................................................... 9

10. Finance........................................................................................................................................................................................ 11

11. Health Care & Wellness............................................................................................................................................................. 17

12. Higher Education........................................................................................................................................................................... 9

13. Judiciary...................................................................................................................................................................................... 13

14. Labor & Workplace Standards...................................................................................................................................................... 7

15. Local Government......................................................................................................................................................................... 7

16. Public Safety................................................................................................................................................................................ 11

17. Rules............................................................................................................................................................................................ 25

18. State Government, Elections & Information Technology............................................................................................................. 7

19. Technology & Economic Development...................................................................................................................................... 17

20. Transportation............................................................................................................................................................................. 25

Committee members shall be selected by each party's caucus. ((Membership on appropriations subcommittees is restricted to the membership of the appropriations committee.)) 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.

(10) Standing committee subcommittees established in Rule 23 have the same powers and duties as standing committees.

(11) Insofar as practicable, testimony in public hearings should be balanced between those in support of and in opposition to proposed legislation, with consideration given to providing an opportunity for members of the public to testify within available time.

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 Publications

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

 

Representative Sullivan moved the adoption of HOUSE RESOLUTION 4610.

 

Representative Shea moved the adoption of amendment (003):

After the first sentence of Rule 12, insert the following:

"(A) FUND EDUCATION FIRST. Education funding for the fiscal biennium, appropriations for the purposes of basic education, as defined by the legislature, and other K-12 education purposes must be enacted into law before it is in order for the house to take a final passage vote on omnibus operating or transportation appropriations legislation."

Reletter the remaining subsections alphabetically.

 

Representatives Shea, MacEwen, Kraft and Young spoke in favor of the adoption of the amendment.

 

Representatives Sullivan, Ormsby and Ortiz-Self spoke against the adoption of the amendment.

 

The Speaker (Representative Lovick presiding) stated the question before the House to be the adoption of amendment (003).

 

ROLL CALL

 

The Clerk called the roll on the adoption of amendment (003) and the amendment was not adopted by the following vote:  Yeas, 48; Nays, 50; Absent, 0; Excused, 0.

Voting yea: Representatives Barkis, Buys, Caldier, Chandler, Condotta, DeBolt, Dent, Dye, Graves, Griffey, Haler, Hargrove, Harmsworth, Harris, Hayes, Holy, Irwin, Jenkin, Johnson, Klippert, Koster, Kraft, Kretz, Kristiansen, MacEwen, Manweller, McCabe, McCaslin, McDonald, Muri, Nealey, Orcutt, Pike, Rodne, Schmick, Shea, Short, Smith, Stambaugh, Steele, Stokesbary, Taylor, Van Werven, Vick, Volz, J. Walsh, Wilcox and Young.        

Voting nay: Representatives Appleton, Bergquist, Blake, Chapman, Clibborn, Cody, Doglio, Dolan, Farrell, Fey, Fitzgibbon, Frame, Goodman, Gregerson, Hansen, Hudgins, Jinkins, Kagi, Kilduff, Kirby, Kloba, Lovick, Lytton, Macri, McBride, Morris, Ormsby, Ortiz-Self, Orwall, Pellicciotti, Peterson, Pettigrew, Pollet, Reeves, Riccelli, Robinson, Ryu, Santos, Sawyer, Sells, Senn, Slatter, Springer, Stanford, Stonier, Sullivan, Tarleton, Tharinger, Wylie and Mr. Speaker.

 

Representative Sullivan moved the adoption of amendment (002):

 

On page 18, line 37, strike "13" and insert "((13)) 15"

On page 19, line 17, strike "7" and insert "((7)) 9"

 

Representatives Sullivan and Wilcox spoke in favor of the adoption of the amendment.

 

Amendment (002) was adopted.

 

The resolution was ordered engrossed.

 

Representatives Sullivan and Wilcox spoke in favor of the passage of the resolution.

 

There being no objection, ENGROSSED HOUSE RESOLUTION NO. 4610 was adopted.

 

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

 

MOTION

 

There being no objection, the Committee on State Government, Elections & Information Technology was relieved of HOUSE BILL NO. 1436, and the bill was referred to the Committee on Local Government.

 

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

 

COMMITTEE APPOINTMENTS

 

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

 

Representative Mia Gregerson was appointed to the Committee on State Government, Elections & Information Technology.

 

Representative Larry Springer was appointed to the Committee on Agriculture & Natural Resources.

 

Representative Jim Walsh was appointed to the Committee on Agriculture & Natural Resources.

 

There being no objection, the House adjourned until 10:00 a.m., January 26, 2017, the 18th Day of the Regular Session.

 

FRANK CHOPP, Speaker

BERNARD DEAN, Chief Clerk

 

 

 

 

 

 

 

 



1436

Other Action.................................................................. 17

1594

Introduction & 1st Reading............................................. 1

1595

Introduction & 1st Reading............................................. 1

1596

Introduction & 1st Reading............................................. 1

1597

Introduction & 1st Reading............................................. 1

1598

Introduction & 1st Reading............................................. 1

1599

Introduction & 1st Reading............................................. 1

1600

Introduction & 1st Reading............................................. 2

1601

Introduction & 1st Reading............................................. 2

1602

Introduction & 1st Reading............................................. 2

1603

Introduction & 1st Reading............................................. 2

1604

Introduction & 1st Reading............................................. 2

1605

Introduction & 1st Reading............................................. 2

1606

Introduction & 1st Reading............................................. 2

1607

Introduction & 1st Reading............................................. 2

1608

Introduction & 1st Reading............................................. 2

1609

Introduction & 1st Reading............................................. 2

1610

Introduction & 1st Reading............................................. 3

1611

Introduction & 1st Reading............................................. 3

1612

Introduction & 1st Reading............................................. 3

1613

Introduction & 1st Reading............................................. 3

1614

Introduction & 1st Reading............................................. 3

1615

Introduction & 1st Reading............................................. 3

1616

Introduction & 1st Reading............................................. 3

1617

Introduction & 1st Reading............................................. 3

1618

Introduction & 1st Reading............................................. 3

1619

Introduction & 1st Reading............................................. 4

1620

Introduction & 1st Reading............................................. 4

1621

Introduction & 1st Reading............................................. 4

1622

Introduction & 1st Reading............................................. 4

1623

Introduction & 1st Reading............................................. 4

1624

Introduction & 1st Reading............................................. 4

1625

Introduction & 1st Reading............................................. 4

1626

Introduction & 1st Reading............................................. 4

1627

Introduction & 1st Reading............................................. 4

1628

Introduction & 1st Reading............................................. 4

1629

Introduction & 1st Reading............................................. 4

1630

Introduction & 1st Reading............................................. 5

1631

Introduction & 1st Reading............................................. 5

1632

Introduction & 1st Reading............................................. 5

1633

Introduction & 1st Reading............................................. 5

1634

Introduction & 1st Reading............................................. 5

1635

Introduction & 1st Reading............................................. 5

1636

Introduction & 1st Reading............................................. 5

1637

Introduction & 1st Reading............................................. 5

1638

Introduction & 1st Reading............................................. 5

1639

Introduction & 1st Reading............................................. 5

1640

Introduction & 1st Reading............................................. 5

1641

Introduction & 1st Reading............................................. 6

1642

Introduction & 1st Reading............................................. 6

1643

Introduction & 1st Reading............................................. 6

1644

Introduction & 1st Reading............................................. 6

1645

Introduction & 1st Reading............................................. 6

1646

Introduction & 1st Reading............................................. 6

1647

Introduction & 1st Reading............................................. 6

1648

Introduction & 1st Reading............................................. 6

1649

Introduction & 1st Reading............................................. 6

1650

Introduction & 1st Reading............................................. 7

1651

Introduction & 1st Reading............................................. 7

1652

Introduction & 1st Reading............................................. 7

1653

Introduction & 1st Reading............................................. 7

4610

Amendment Offered..................................................... 17

Adopted......................................................................... 17

HOUSE OF REPRESENTATIVES (Representative Lovick presiding)

Committee Appointments............................................. 17