4410

JOINT RULES

OF THE SENATE AND THE

HOUSE OF REPRESENTATIVES

FIFTY‑((~~THIRD~~)) FOURTH LEGISLATURE

((~~1994~~)) 1995

JOINT RULE NO.

Rule 1Code of ethics.

Rule 2Legislative conflict of interest.

Rule 3Independence of legislative judgment.

Rule 4Undue influence of legislator.

Rule 5Abuse of legislative position.

Rule 6Employee actions.

Rule 7Prohibited political activity.

Rule 8Legislative questionnaires.

Rule 9Study of legislative and electoral activities.

Rule 10Sessions of the legislature.

Rule 11Joint session.

Rule 12Motions for joint session.

Rule 13Business limited.

Rule 14Joint legislative committees.

Rule 15Joint committee hearings.

Rule 16Joint and concurrent resolutions: Memorials.

Rule 17Amendatory bills.

Rule 18Amendatory bills, how drawn.

Rule 19Amendments to state Constitution: Action by legislature.

Rule 20Publicity of proposed amendments to state Constitution.

Rule 21Initiative petition before the legislature.

Rule 22Conference committee.

Rule 23Conference committee appointees.

Rule 24Failure to agree.

Rule 25Report of conference committee, how made out; whom returned to.

Rule 26Adoption of reports.

Rule 27Messages between the two houses.

Rule 28Bills to be engrossed.

Rule 29Final action on bills, how communicated.

Rule 30Enrolled bills‑-Presiding officer to sign.

Rule 31Disposition of enrolled bills.

Rule 32Adjournment.

Rule 33Adjournment sine die.

Rule 34Each house judge of its own membership.

Rule 35Convening special legislative sessions.

Rule 36Amendments to joint rules.

Rule 37Joint rules to apply for biennium.

Code of Ethics

Rule 1. Rules 2 through 7 of these Joint Rules constitute a Code of Legislative Ethics which shall be administered under the provisions of RCW 44.60.010 through 44.60.130. Disciplinary actions for violation include: In the case of a legislator, reprimand, censure, or expulsion, and when applicable, restitution; and in the case of a legislative employee, reprimand, suspension, or dismissal, and when applicable, restitution.

Legislative Conflict of Interest

Rule 2. A legislator has a personal interest which is in conflict with the proper discharge of legislative duties if the legislator has reason to believe or expect that a direct monetary gain or a direct monetary loss will be derived by reason of the legislator's official activity.

However, a legislator does not have a personal interest which is in conflict with the proper discharge of legislative duties if no benefit or detriment accrues to the legislator as a member of a business, profession, occupation, or group, to a greater extent than to any other member of such business, profession, occupation, or group.

Independence of Legislative Judgment

Rule 3. Actions which destroy public confidence in the independence of judgment of a legislator:

Section 1. A legislator shall not vote on or influence legislation in committee or on the floor of either house, where the legislator has a personal interest which is in conflict with the proper discharge of legislative duties.

Section 2. A legislator shall not accept any gratuity or compensation for services rendered in connection with legislative employment other than legislative salary.

Section 3. A legislator shall not accept an honorarium if it can be reasonably concluded that the honorarium would not have been made but for the legislator's status as a legislator.

Section 4. A legislator shall not ask, receive, or agree to receive anything of value upon any understanding that the legislator's vote, opinion, judgment, or action will be influenced thereby.

Section 5. A legislator shall not solicit, receive, or accept a gift, favor or service under circumstances where it could be reasonably inferred that such action would influence the legislator in the discharge of legislative duties, or was a reward.

Section 6. A legislator shall not accept any remuneration other than legislative compensation for legislative advice or assistance.

Section 7. A legislator shall not appear before any department of state government for compensation that is contingent upon action by that department of state government unless the fee is set or approved by that department.

Undue Influence of a Legislator

Rule 4. Actions which involve undue influence upon any state agency, court, or governmental subdivision:

Section 1. A legislator shall not represent clients for compensation in proceedings or hearings before state agencies, boards or commissions involving claims of state employees.

Section 2. A legislator, singularly or through others, shall not use or attempt to use improper means to influence a state agency, board or commission.

Section 3. A legislator may use an official title or stationery in connection with a matter or proceeding before a state agency, board or commission, only if done without compensation, in connection with legislative duties.

Section 4. A legislator shall not represent any claimant for compensation in any claim placed before the legislature.

Section 5. A legislator shall not receive compensation for an appearance before a state agency as an expert witness.

Abuse of Legislative Position

Rule 5. Actions which constitute an abuse of official position or a violation of public trust:

Section 1. A legislator shall not accept employment, or engage in any business, or be involved in any activity which one might reasonably expect would require the disclosure of privileged information gained by virtue of holding legislative office.

Section 2. A legislator shall not enter into any contract with a state agency involving services or property, unless the contract is made after public notice and competitive bidding; except in cases where public notice and competitive bidding are not required, the contract or agreement shall be filed with the Board of Ethics.

Section 3. A legislator shall not solicit, directly or indirectly, a political contribution from a legislative employee.

Employee Actions

Rule 6. Employee actions that impair independence of judgment, constitute an abuse of employment position, or constitute political activity prohibited by statute or legislative policy or both:

Section 1. A legislative employee shall not accept any gratuity or compensation for services rendered in connection with legislative employment other than legislative salary. A legislative employee shall not accept any employment or serve in any position, in addition to legislative employment, which would impair the employee's independence of judgment. Except within the scope of employment, a legislative employee shall not provide any service to a lobbyist or any other person.

Section 2. A legislative employee shall not accept an honorarium if it can be reasonably concluded that the honorarium would not have been made but for the employee's status as a legislative employee.

Section 3. A legislative employee shall not use or attempt to use the employee's official position to (1) personally obtain any privilege, exemption, special treatment or any other thing of value, or (2) obtain any such benefit for others except as required to perform duties within the scope of employment.

Section 4. A legislative employee shall not accept or solicit anything of value for personal benefit or for the benefit of others under circumstances in which it can be reasonably inferred that the legislative employee's independence of judgment is impaired or is intended as a reward for any official action.

Section 5. A legislative employee shall not disclose confidential information acquired by reason of the employee's official position to any person or group not entitled to receive such information, nor shall the employee use such information for personal gain or benefit or for the benefit of others.

Section 6. A legislative employee shall not enter into any contract with a state agency involving services or property, unless the contract is made after public notice and competitive bidding; except in cases where public notice and competitive bidding are not required, the contract or agreement shall be filed with the appropriate board of ethics.

Section 7. A legislative employee shall not solicit or accept contributions for any candidate or political committee during working hours. At no time shall a legislative employee directly or indirectly solicit a contribution from another legislative employee for any legislative candidate, caucus, or leadership committee, nor coerce another employee into making a contribution to any candidate or political committee. No legislative employee, as a condition of becoming or remaining employed, may directly or indirectly be required to make any contribution to a political candidate, committee, or party.

Prohibited Political Activity

Rule 7. Actions of legislators and legislative employees that constitute political campaign activity prohibited by statute or legislative policy:

Section 1. Other than activities that are part of the normal and regular conduct of the legislature, no legislator or legislative employee may use or authorize the use of any of the facilities of the legislature, directly or indirectly, for the purpose of assisting a campaign for election of any person to any office or for the promotion or opposition to any ballot proposition. Facilities of the legislature include, but are not limited to, use of stationery, postage machines, and equipment, use of employees of the legislature during working hours, vehicles, office space, publications of the legislature, and constituent, interest group, or lobbyist lists of persons developed by the legislature.

Section 2. No legislative caucus or political organization of legislators or legislative leadership may conduct a political fund-raising event during the period the legislature is convened in regular or special session.

Section 3. No retaliation shall be permitted against any legislative employee who in good faith cooperates or has cooperated with the public disclosure commission in bringing to light potential violations of law or legislative policy.

Legislative Questionnaires

Rule 8. The use of public funds by a legislator or legislative committee for mailed questionnaires is authorized only when the following criteria are met:

(1) The questionnaire is authorized by a legislator, and confined to soliciting opinions or facts relative to legislative issues or studies;

(2) The identity of the legislator or legislative committee sponsoring the questionnaire is disclosed on the questionnaire;

(3) Except as otherwise provided in this section, a legislator may authorize mailing of a questionnaire at any time.

During the twelve-month period preceding the expiration of a state legislator's term in office, mass mailing of a questionnaire is allowed only if it is included in the identical newsletter to constituents permitted at the beginning of a legislative session under RCW 42.17.132.

In any year in which a legislator is a candidate for another public office, no questionnaire may be sponsored by or on behalf of such legislator during the period between June 1st and the general election day of that year or, in the event of a special election, no questionnaire may be sponsored by or on behalf of such legislator during the period between either sixty days prior to the election or the date of the filing of the legislator for the office subject to special election, whichever occurs last, and the special election.

A legislative committee may authorize a questionnaire at any time if the questionnaire conforms to subsections (1), (2), and (4) of this rule; and

(4) The questionnaire complies with all other pertinent laws and rules.

Study of Separation of Legislative from Electoral Activities

Rule 9. The executive rules committee of the house of representatives and the facilities and operations committee of the senate shall cause a joint study to be undertaken and completed prior to December 31, 1993, bearing on the separation of legislative from electoral activities, including:

Section 1. Prohibiting legislative employees from recruiting or campaigning for legislative candidates.

Section 2. Preventing benefits from being paid to employees on leave without pay for purposes of campaigning.

Section 3. Removing the block-out of the last four digits for members' telephone records.

Section 4. Reviewing all partisan staff positions to determine which require partisan affiliation and which should be converted to nonpartisan.

Section 5. Reviewing whether additional or more specific disciplinary procedures are required for violations of the Joint Standards of Conduct Regarding Use of Public Facilities.

Section 6. Reviewing the appropriate employment status of legislative employees who become candidates for legislative or state-wide elective office.

Sessions of the Legislature

Rule 10. The sessions of the legislature shall be held annually, convening at 12:00 o'clock noon on the second Monday of January each year, as provided by RCW 44.04.010 in accordance with Art. 2, section 12 of the state Constitution.

Joint Session

Rule 11. Whenever there shall be a joint session of the two houses, the proceedings shall be entered at length upon the journal of each house. The lieutenant governor or president of the senate shall preside over such joint session, and the clerk of the house shall act as the clerk thereof, except in the case of the joint session held for the purpose of canvassing the votes of constitutional elective state officers, when the speaker shall preside over such joint sessions. The lieutenant governor in no case shall have the right to give the deciding vote.

Motions for Joint Session

Rule 12. All motions for a joint session shall be made by concurrent resolution to be introduced by the house in which such joint session is to be held; and when an agreement has once been made, it shall not be altered or annulled, except by concurrent resolution.

Business Limited

Rule 13. No business shall be considered in joint session other than that which may be agreed upon before the joint session is called.

Joint Legislative Committees

Rule 14. Joint legislative committees may be created by concurrent resolution originating in either house and passed by a majority vote of both houses.

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

Joint Committee Hearings

Rule 15. All public hearings held by joint committees or held jointly by house of representatives and senate standing committees shall be scheduled in accordance with the public notice requirements of both the senate and the house of representatives.

Joint and Concurrent Resolutions; Memorials

Rule 16. All memorials and resolutions from the legislature addressed to the President of the United States, to the Congress or either house thereof, to any other branch of the Federal government, to any other branch of state government, or to any unit of local government shall be in the form of joint memorials. Proposed amendments to the state Constitution shall be in the form of joint resolutions. Business between the two houses such as joint sessions, amendments to redistricting plans submitted by a redistricting commission created under chapter 44.05 RCW, adopting or amending joint rules, creating or empowering joint committees, opening and closing business of the legislature and all such related matters shall be in the form of concurrent resolutions. Joint memorials, joint resolutions, and concurrent resolutions, up to and including the signing thereof by the presiding officer of each house, shall be subject to the rules governing the course of bills. Concurrent resolutions may be adopted without a roll call. Concurrent resolutions amending a redistricting plan submitted by a redistricting commission, authorizing investigations or authorizing the expenditure or allocation of any money or relating to any joint committee must be adopted by roll call, and the yeas and nays recorded in the journal. Concurrent resolutions amending a redistricting plan as well as all amendments to those resolutions must be agreed to by two-thirds of the members elected or appointed to each house.

Amendatory Bills

Rule 17. All amendatory bills shall refer to the section or sections of the official codes and statutes of Washington, and supplements thereto and to the respective Session Laws, to be amended.

Amendatory Bills, How Drawn

Rule 18. Bills introduced in either house intended to amend existing statutes shall have the words which are amendatory to such existing statutes underlined. Any matter to be deleted from the existing statutes shall be indicated by lining out such matter with a broken line and enclosing the lined out material within double parentheses, and no bill shall be printed or acted upon until the provisions of this rule shall have been complied with.

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

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

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

Amendments to State Constitution; Action by Legislature

Rule 19. Amendments to the state Constitution may be proposed in either branch of the legislature by joint resolution; and if the same shall be agreed to by two‑thirds of the members elected to each of the two houses, such proposed amendment or amendments shall be entered on their respective journals with the ayes and nays thereon. (Const., art. 23, sec. 1.)

Publicity of Proposed Amendments to State Constitution

Rule 20. The legislature shall provide methods of publicity of all laws or parts of laws, and amendments to the Constitution referred to the people with arguments for and against the laws and amendments so referred, so that each voter of the state shall receive the publication as soon as possible before the election at which they are to be voted upon. (Const., art. 2, sec. 1e.)

Initiative Petition Before the Legislature

Rule 21. Initiative petitions filed with the secretary of state not less than ten days before any regular session of the legislature shall take precedence over all other measures in the legislature except appropriation bills and shall be either enacted or rejected without change or amendment by the legislature before the end of such regular session. Upon certification from the secretary of state that an initiative to the legislature has received sufficient valid signatures, the secretary of state shall submit certified copies of the said initiative to the state senate and the house of representatives. Upon receipt of said initiative, each body of the legislature through its presiding officers shall refer the certified copies of the initiative to a proper committee.

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

Conference Committee

Rule 22. Section 1. In every case of difference between the two houses, upon any subject of legislation, either house may request a conference and appoint a committee of three for that purpose, and the other house may grant the request for a conference and appoint a like committee to confer. The committees, at the earliest possible hour, shall confer upon the differences between the two houses indicated by the amendment or amendments adopted in one house and rejected in the other.

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

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

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

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

(b) Near the doors of the appropriate chamber;

(d) The public legislative message center.

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

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

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

Conference Committee Appointees

Rule 23. The presiding officer of each house shall appoint on each conference committee three members, selecting them so as to represent, in each case, the majority and minority positions to the extent possible as relates to the subject matter, and the majority and minority political parties.

Failure to Agree

Rule 24. In case of failure of the conferees to agree on matters directly at issue between the two houses, the committee may in addition consider new proposed items within the scope and object of the bill in conference. A report proposing new items shall include all amendments to the bill or resolution agreed upon by the conference committee. The proposed report may be in the form of a new bill or resolution and such report must have the signatures of five of the members of the committee appointed from each house.

Report of Conference Committee, How

Made Out; Whom Returned to

Rule 25. The conference committee shall submit the bill as amended together with three signed copies of its report to the house if a senate bill, and to the senate, if a house bill. A copy of the report shall be placed upon the desk of each member of the legislature at the time the report is received by this house. If this house acts to approve the report and pass the bill as amended, it shall then transmit its action, the bill, and two copies of the report to the other house.

Adoption of Reports

Rule 26. No floor vote may be taken on any conference committee report without a distribution to all members of a summary of additions, changes, and deletions made by the conference committee with a reference in each instance to the page and line number or numbers in the report containing said additions, changes, or deletions. The clerk and the secretary shall place the reports on the desks of the members as soon as possible.

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

The foregoing provisions relating to twenty-four hour intervals and reading of the report in full may be suspended by the senate or the house of representatives by two-thirds vote of the members present, or, on May 6, 1993, by a majority vote of the members present, and such suspension shall apply only to the house voting to suspend these provisions.

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

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

Messages Between the Two Houses

Rule 27. Messages from the senate to the house of representatives shall be delivered by the secretary or the secretary's designee, and messages from the house of representatives to the senate shall be delivered by the chief clerk or the chief clerk's designee.

Bills to be Engrossed

Rule 28. Any bill amended in the house of its origin shall be engrossed before being transmitted to the other house. The secretary or clerk of the receiving house, as the case may be, may waive the right to receive an engrossed bill.

Final Action on Bills, How Communicated

Rule 29. Each house shall communicate its final action on any bill or resolution, or matter in which the other may be interested, in writing, signed by the secretary or clerk of the house from which such notice is sent.

Enrolled Bills - Presiding Officer to Sign

Rule 30. After a bill shall have passed both houses and all amendments have been engrossed therein, it shall be signed by the presiding officer of each house in open session, first in the house in which it originated. The secretary of the senate or the chief clerk of the house shall present the original bill to the governor for signature.

Disposition of Enrolled Bills

Rule 31. Whenever any bill shall have passed both houses, the house transmitting the bill in its final form to the governor shall also file with the secretary of state a copy of the bill together with the history of such bill up to the time of transmission to the governor.

Adjournment

Rule 32. Neither house shall adjourn for more than three days, nor to any place other than that in which they may be sitting, without the consent of the other. (Const., art. 2, sec. 11.)

Adjournment Sine Die

Rule 33. Adjournment sine die shall be made only by concurrent resolution.

Each House Judge of Its Own Membership

Rule 34. Each house of the legislature is the judge of the qualifications and election of its members, and shall try all contested elections of its members in such manner as it may direct. (Const., art. 2, sec. 8.)

Convening Special Legislative Sessions

Rule 35. The legislature may convene a special legislative session as follows:

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

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

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

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

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

Amendments to Joint Rules

Rule 36. These joint rules may be amended by concurrent resolution agreed to by a majority of the members of each house, provided one day's notice be given of the motion thereof.

Joint Rules to Apply for Biennium

Rule 37. The permanent joint rules adopted by the legislature shall govern any session called during the same legislative biennium.