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EIGHTEENTH DAY

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MORNING SESSION

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Senate Chamber, Olympia, Thursday, January 28, 1993

The Senate was called to order at 10:00 a.m. by President Pritchard. The Secretary called the roll and announced to the President that all Senators were present except Senator Owen.

The Sergeant at Arms Color Guard, consisting of Pages Amy Burns and Doug Coombs, presented the Colors. Reverend Dr. Bruce Armstrong, pastor of the Lacey Presbyterian Church of Lacey, offered the prayer.

MOTION

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

REPORTS OF STANDING COMMITTEES

January 27, 1993

SB 5018 Prime Sponsor, Senator Nelson: Allowing service of process on a marital community by serving either spouse. Reported by Committee on Law and Justice

MAJORITY recommendation: Do pass as amended. Signed by Senators A. Smith, Chairman; Quigley, Vice Chairman; Hargrove, McCaslin, Nelson, Niemi, Rinehart, Roach, and Spanel.

Passed to Committee on Rules for second reading.

January 27, 1993

SB 5024 Prime Sponsor, Senator A. Rasmussen: Increasing the homestead exemption. Reported by Committee on Law and Justice

MAJORITY recommendation: Do pass. Signed by Senators A. Smith, Chairman; Quigley, Vice Chairman; Hargrove, McCaslin, Nelson, Niemi, Rinehart, Roach, and Spanel.

Passed to Committee on Rules for second reading.

January 27, 1993

SB 5033 Prime Sponsor, Senator Haugen: Authorizing a county research service. Reported by Committee on Government Operations

MAJORITY recommendation: That Substitute Senate Bill No. 5033 be substituted therefor, and the substitute bill do pass and be referred to Committee on Ways and Means. Signed by Senators Haugen, Chairman; Drew, Vice Chairman; Loveland, Oke, Owen, von Reichbauer, and Winsley.

Referred to Committee on Ways and Means.

January 27, 1993

SB 5056 Prime Sponsor, Senator Haugen: Regulating seaweed harvesting. Reported by Committee on Natural Resources

MAJORITY recommendation: That Substitute Senate Bill No. 5056 be substituted therefor, and the substitute bill do pass. Signed by Senators Owen, Chairman; Erwin, Franklin, Haugen, Oke, Sellar, Snyder, and Spanel.

Passed to Committee on Rules for second reading.

January 27, 1993

SB 5057 Prime Sponsor, Senator A. Smith: Correcting a double amendment related to exceptions to the right of privacy. Reported by Committee on Law and Justice

MAJORITY recommendation: Do pass as amended. Signed by Senators A. Smith, Chairman; Quigley, Vice Chairman; Hargrove, McCaslin, Nelson, Niemi, Rinehart, Roach, and Spanel.

Passed to Committee on Rules for second reading.

January 27, 1993

SB 5058 Prime Sponsor, Senator A. Smith: Correcting an unconstitutional provision concerning jurisdiction for violations dealing with motor vehicles. Reported by Committee on Law and Justice

MAJORITY recommendation: Do pass. Signed by Senators A. Smith, Chairman; Quigley, Vice Chairman; Hargrove, McCaslin, Nelson, Niemi, Rinehart, Roach, and Spanel.

Passed to Committee on Rules for second reading.

January 27, 1993

SB 5066 Prime Sponsor, Senator A. Smith: Limiting powers of trustees. Reported by Committee on Law and Justice

MAJORITY recommendation: That Substitute Senate Bill No. 5066 be substituted therefor, and the substitute bill do pass. Signed by Senators A. Smith, Chairman; Quigley, Vice Chairman; Hargrove, McCaslin, Nelson, Niemi, Rinehart, Roach, and Spanel.

Passed to Committee on Rules for second reading.

January 27, 1993

SB 5067 Prime Sponsor, Senator A. Smith: Altering the provisions concerning joint tenancy. Reported by Committee on Law and Justice

MAJORITY recommendation: Do pass. Signed by Senators A. Smith, Chairman; Quigley, Vice Chairman; Hargrove, McCaslin, Nelson, Niemi, Rinehart, Roach, and Spanel.

Passed to Committee on Rules for second reading.

January 27, 1993

SB 5125 Prime Sponsor, Senator Owen: Regulating issuance of commercial salmon fishing licenses. Reported by Committee on Natural Resources

MAJORITY recommendation: Do pass. Signed by Senators Owen, Chairman; Erwin, Franklin, Haugen, Oke, Sellar, Snyder, and Spanel.

Passed to Committee on Rules for second reading.

January 27, 1993

SB 5126 Prime Sponsor, Senator Snyder: Correcting references to the geographical landmark on Cape Shoalwater. Reported by Committee on Natural Resources

MAJORITY recommendation: Do pass. Signed by Senators Owen, Chairman; Erwin, Franklin, Haugen, Oke, Sellar, Snyder, and Spanel.

Passed to Committee on Rules for second reading.

January 27, 1993

SB 5130 Prime Sponsor, Senator Talmadge: Clarifying conditions for granting attorneys' fees. Reported by Committee on Law and Justice

MAJORITY recommendation: That Substitute Senate Bill No. 5130 be substituted therefor, and the substitute bill do pass. Signed by Senators A. Smith, Chairman; Quigley, Vice Chairman; Hargrove, McCaslin, Niemi, Rinehart, Roach, and Spanel.

Passed to Committee on Rules for second reading.

January 27, 1993

SB 5138 Prime Sponsor, Senator M. Rasmussen: Making under-aged persons in a public place under the influence of alcohol guilty of a misdemeanor. Reported by Committee on Law and Justice

MAJORITY recommendation: Do pass. Signed by Senators A. Smith, Chairman; Quigley, Vice Chairman; Hargrove, McCaslin, Nelson, and Spanel.

Passed to Committee on Rules for second reading.

January 27, 1993

SB 5158 Prime Sponsor, Senator Talmadge: Requiring the reporter of decisions to include the date of argument and date decided in published court opinions. Reported by Committee on Law and Justice

MAJORITY recommendation: Do pass. Signed by Senators A. Smith, Chairman; Quigley, Vice Chairman; Hargrove, McCaslin, Nelson, Niemi, Rinehart, Roach, and Spanel.

Passed to Committee on Rules for second reading.

January 26, 1993

SB 5166 Prime Sponsor, Senator Vognild: Authorizing refunding revenue bonds. Reported by Committee on Transportation

MAJORITY recommendation: Do pass. Signed by Senators Vognild, Chairman; Loveland, Vice Chairman; Skratek, Vice Chairman; Barr, Drew, Oke, Prentice, Prince, M. Rasmussen, Sheldon, von Reichbauer, and Winsley.

HOLD.

January 26, 1993

SB 5229 Prime Sponsor, Senator Vognild: Permitting the department of transportation and state patrol to adopt rules to govern state rest areas. Reported by Committee on Transportation

MAJORITY recommendation: Do pass. Signed by Senators Vognild, Chairman; Loveland, Vice Chairman; Skratek, Vice Chairman; Barr, Drew, Oke, Prince, M. Rasmussen, Sheldon, and Winsley.

Passed to Committee on Rules for second reading.

MOTION

On motion of Senator Jesernig, Senate Bill No. 5166 was held on the desk.

MESSAGES FROM THE GOVERNOR

GUBERNATORIAL APPOINTMENTS

January 13, 1993

TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON

Ladies and Gentlemen:

I have the honor to submit the following appointment, subject to your confirmation.

A. J. Bergeron, appointed January 13, 1993, for a term beginning immediately and continuing at the Governor's pleasure, as Director of the Department of Veterans Affairs.

Sincerely,

MIKE LOWRY, Governor

Referred to Committee on Government Operations.

January 18, 1993

TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON

Ladies and Gentlemen:

I have the honor to submit the following appointment, subject to your confirmation.

Mike Fitzgerald, appointed January 18, 1993, for a term beginning immediately and continuing at the Governor's pleasure, as Director of the Department of Trade and Economic Development.

Sincerely,

MIKE LOWRY, Governor

Referred to Committee on Trade, Technology and Economic Development.

January 18, 1993

TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON

Ladies and Gentlemen:

I have the honor to submit the following appointment, subject to your confirmation.

George E. Lindamood, appointed January 18, 1993, for a term beginning February 8, 1993, and continuing at the Governor's pleasure, as Director of the Department of Information Services.

Sincerely,

MIKE LOWRY, Governor

Referred to Committee on Government Operations.

January 18, 1993

TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON

Ladies and Gentlemen:

I have the honor to submit the following appointment, subject to your confirmation.

Bruce Miyahara, appointed January 21, 1993, for a term beginning February 16, 1993, and continuing at the Governor's pleasure, as Secretary of the Department of Health.

Sincerely,

MIKE LOWRY, Governor

Referred to Committee on Health and Human Services.

January 18, 1993

TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON

Ladies and Gentlemen:

I have the honor to submit the following appointment, subject to your confirmation.

Robert A. Turner, appointed January 18, 1993, for a term beginning immediately and continuing at the Governor's pleasure, as Director of the Department of Fisheries.

Sincerely,

MIKE LOWRY, Governor

Referred to Committee on Natural Resources.

January 22, 1993

TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON

Ladies and Gentlemen:

I have the honor to submit the following appointment, subject to your confirmation.

James P. Seabeck, appointed January 22, 1993, for a term ending January 17, 1995, as a member of the Horse Racing Commission.

Sincerely,

MIKE LOWRY, Governor

Referred to Committee on Labor and Commerce.

January 22, 1993

TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON

Ladies and Gentlemen:

I have the honor to submit the following appointment, subject to your confirmation.

Barbara Shinpoch, appointed January 22, 1993, for a term ending January 17, 1997, as a member of the Horse Racing Commission.

Sincerely,

MIKE LOWRY, Governor

Referred to Committee on Labor and Commerce.

INTRODUCTION AND FIRST READING

SB 5433 by Senators West, Talmadge, Deccio, Wojahn, Pelz, Moyer, von Reichbauer, Erwin, Winsley and Oke

AN ACT Relating to the Washington state award for excellence in health care; adding new sections to chapter 43.06 RCW; and creating a new section.

Referred to Committee on Health and Human Services.

SB 5434 by Senators Nelson, A. Smith, Winsley and Pelz

AN ACT Relating to security in schools; and making an appropriation.

Referred to Committee on Education.

SB 5435 by Senators Fraser, Moore, Wojahn, Barr, Sutherland, Vognild and Amondson

AN ACT Relating to limitations on actions for unlawful securities transactions; and amending RCW 4.16.080 and 21.20.430.

Referred to Committee on Labor and Commerce.

SB 5436 by Senators Talmadge, Moyer, Prentice, Fraser, Franklin and Winsley

AN ACT Relating to nutritional counseling for medicaid recipients; creating new sections; and making an appropriation.

Referred to Committee on Health and Human Services.

SB 5437 by Senators McAuliffe, Prentice and Moore

AN ACT Relating to discrimination on the basis of sex or marital status in the business of insurance; adding a new section to chapter 48.30 RCW; and creating new sections.

Referred to Committee on Labor and Commerce.

SB 5438 by Senators McAuliffe, Moore, Winsley, Pelz, Prentice, M. Rasmussen, Erwin, Loveland, Drew, Franklin, McDonald, Moyer and Deccio

AN ACT Relating to before-and-after-school child care; amending RCW 74.13.085 and 74.13.095; adding a new section to chapter 74.13 RCW; and creating a new section.

Referred to Committee on Education.

SB 5439 by Senators McCaslin and Sutherland

AN ACT Relating to the utilities and transportation commission; and amending RCW 80.01.010.

Referred to Committee on Energy and Utilities.

SB 5440 by Senators Prentice, Talmadge, Franklin and Skratek

AN ACT Relating to reproductive health and status; amending RCW 49.17.050, 49.60.180, 49.60.190, 49.60.200, 70.58.320, 70.58.322, 70.58.324, 70.58.330, 70.58.338, and 70.58.350; reenacting and amending RCW 49.60.040; adding a new section to chapter 18.76 RCW; adding a new section to chapter 49.12 RCW; creating a new section; and prescribing penalties.

Referred to Committee on Labor and Commerce.

SB 5441 by Senators McAuliffe, Erwin, Talmadge, M. Rasmussen, Drew, Spanel, Loveland, von Reichbauer and Winsley (by request of Department of Social and Health Services)

AN ACT Relating to updating statutes for rehabilitation services for individuals with disabilities pursuant to changes in federal law and regulations; amending RCW 74.29.005, 74.29.010, 74.29.020, 74.29.080, and 74.29.037; and repealing RCW 74.29.105, 74.29.100, 74.29.110, and 74.29.025.

Referred to Committee on Health and Human Services.

SB 5442 by Senators Vognild, Sellar, Skratek and von Reichbauer

AN ACT Relating to tow trucks; and amending RCW 46.55.115, 46.55.120, and 81.80.040.

Referred to Committee on Transportation.

SB 5443 by Senators M. Rasmussen, Barr and Loveland (by request of Department of Agriculture)

AN ACT Relating to livestock identification, public livestock markets, and certified feed lots; amending RCW 16.65.030, 16.65.090, 16.58.050, 16.58.130, 16.57.080, 16.57.090, 16.57.140, 16.57.220, and 16.57.400; and adding a new section to chapter 16.57 RCW.

Referred to Committee on Agriculture.

SB 5444 by Senator Talmadge (by request of Department of Social and Health Services)

AN ACT Relating to medical assistance coverage of hospice care and services; amending RCW 74.09.520; and reenacting and amending RCW 74.09.700.

Referred to Committee on Health and Human Services.

SB 5445 by Senators Williams, McCaslin and Pelz

AN ACT Relating to joint operating agency nuclear construction authority requiring site certification under chapter 80.50 RCW; amending RCW 43.52.250, 43.52.300, 43.52.3411, 43.52.360, 43.52.370, 43.52.378, 43.52.520, and 43.52.612; and adding a new section to chapter 43.52 RCW.

Referred to Committee on Energy and Utilities.

SB 5446 by Senators Owen, Oke, Haugen and Spanel (by request of Department of Wildlife)

AN ACT Relating to the wildlife violator compact; adding a new section to chapter 77.21 RCW; adding a new section to chapter 75.10 RCW; and adding a new chapter to Title 77 RCW.

Referred to Committee on Natural Resources.

SB 5447 by Senator Fraser (by request of Utilities and Transportation Commission)

AN ACT Relating to the review of solid waste collection company tariff filings by the utilities and transportation commission; and amending RCW 81.04.130 and 81.28.050.

Referred to Committee on Ecology and Parks.

SB 5448 by Senators Sheldon, Bluechel, Erwin, Williams, M. Rasmussen and Hochstatter

AN ACT Relating to small business innovation research awards; and adding a new section to chapter 82.04 RCW.

Referred to Committee on Trade, Technology and Economic Development.

SCR 8402 by Senators McAuliffe, Amondson, Wojahn, Prentice, Pelz, Sutherland, Loveland, A. Smith, Quigley, M. Rasmussen and Erwin

Requesting the liquor control board to uphold the spirit and letter of the Steel Act.

Referred to Committee on Labor and Commerce.

MOTIONS

On motion of Senator Jesernig, the Committee on Rules was relieved of further consideration of Senate Bill No. 5219.

On motion of Senator Jesernig, Senate Bill No. 5219 was referred to the Committee on Ways and Means.

MOTION

On motion of Senator Jesernig, the Senate recessed until 10:45 a.m.

The Senate was called to order at 11:11 a.m. by President Pritchard.

There being no objection, the President reverted the Senate to the eighth order of business.

MOTION

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

SENATE RESOLUTION 1993-8607

By Senators Gaspard and Snyder

BE IT RESOLVED, That Senate Resolution No. 1993-8602, adopting the Rules of the Senate for the 53rd Legislature, be amended as follows:

On page 17, beginning on line 1, strike everything down to 24 and insert:

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

1. Agriculture 7

2. Ecology and Parks 7

3. Education 12

4. Energy and Utilities 11

5. Government Operations 7

6. Health and Human Services ((15)) 16

7. Higher Education 9

8. Labor and Commerce 13

9. Law and Justice 9

10. Natural Resources 11

11. Rules 21

12. Trade, Technology and Economic Development 7

13. Transportation 15

14. Ways and Means 24

APPOINTMENT TO STANDING COMMITTEES

The President appointed Senator Franklin to the Committee on Rules, the Committee on Health and Human Services and the Committee on Natural Resources.

MOTION

On motion of Senator Jesernig, the Standing Committee Appointments were confirmed.

There being no objection, the President returned the Senate to the third order of business.

MESSAGE FROM THE GOVERNOR

January 27, 1993

TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON

Ladies and Gentlemen:

I have the honor to advise you that on January 27, 1993, Governor Lowry approved the following Senate Bill entitled:

Senate Bill No. 5000

Relating to repealing the sunset termination of the basic health plan.

Sincerely,

ED FLEISHER, Legal Counsel to the Governor

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

MESSAGE FROM THE HOUSE

January 27, 1993

MR. PRESIDENT:

The House has adopted HOUSE CONCURRENT RESOLUTION NO. 4404, and the same is herewith transmitted.

MARILYN SHOWALTER

Deputy Chief Clerk

MOTION

On motion of Senator Jesernig, the Senate advanced to the fifth order of business.

INTRODUCTION AND FIRST READING OF HOUSE BILL

HCR 4404 by Representatives R. Meyers, Sommers, Tate, Jacobsen, Basich, Wood, Leonard, Long, J. Kohl, Wineberry, Hansen, Roland, Horn, Sheahan, Chandler, Cothern, Kessler, Padden, Sheldon, Cooke, Schoesler and Anderson

Honoring former legislators who have recently passed away.

MOTIONS

On motion of Senator Jesernig, the rules were suspended, House Concurrent Resolution No. 4404 was advanced to second reading and read the second time.

On motion of Senator Jesernig, the rules were suspended, House Concurrent Resolution No. 4404 was advanced to third reading, the second reading considered the third and the concurrent resolution was adopted.

APPOINTMENT OF SPECIAL COMMITTEE

Pursuant to House Concurrent Resolution No. 4404, the President appointed Senators Snyder, Deccio, Franklin and Prince to join with a like committee from the House of Representatives to arrange for the memorial service.

There being no objection, the President returned the Senate to the fourth order of business.

MESSAGE FROM THE HOUSE

January 27, 1993

MR. PRESIDENT:

The House has adopted HOUSE CONCURRENT RESOLUTION NO. 4409, and the same is herewith transmitted.

MARILYN SHOWALTER

Deputy Chief Clerk

MOTION

On motion of Senator Jesernig, the Senate advanced to the fifth order of business.

INTRODUCTION AND FIRST READING OF HOUSE BILL

HCR 4409 by Representatives Peery, Sommers, Miller, Ballard, Tate, Vance, Carlson, R. Meyers, Horn, Long, Foreman, Springer, Wood and L. Johnson

Adopting the joint rules.

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

JOINT RULES

OF THE SENATE AND THE

HOUSE OF REPRESENTATIVES

FIFTY-((SECOND)) THIRD LEGISLATURE

((1991)) 1993

JOINT RULE NO.

Rule 1 Code of ethics.

Rule 2 Legislative conflict of interest.

Rule ((2)) (3)Independence of legislative judgment.

Rule 4 Undue influence of legislator.

Rule 5 Abuse of legislative position.

Rule 6 Employee ((restrictions)) actions.

Rule ((3)) (7)Prohibited political activity.

Rule 8 Legislative questionnaires.

Rule 9 Study of legislative and electoral activities.

Rule 10 Sessions of the legislature.

Rule 11 Joint session.

Rule ((4)) 12Motions for joint session.

Rule ((5)) 13Business limited.

((Rule 6 Conference committee.

Rule 7 Conference committee appointees.

Rule 8 Failure to agree.

Rule 9 Report of conference committee, how made out; whom returned to.

Rule 10 Adoption of reports.

Rule 11 Messages between the two houses.

Rule 12 Final action on bills, how communicated.

Rule 13 Enrolled bills--Presiding officer to sign.

Rule 14 Disposition of enrolled bills.

Rule 15 Transmission of documents.))

Rule 14 Joint legislative committees.

Rule 15 Joint committee hearings.

Rule 16 Joint and concurrent resolutions: Memorials.

Rule 17 Amendatory bills.

Rule 18 Amendatory bills, how drawn.

Rule 19 Amendments to state Constitution: Action by legislature.

Rule 20 Publicity of proposed amendments to state Constitution.

Rule 21 Initiative petition before the legislature.

Rule 22 Conference committee.

Rule 23 Conference committee appointees.

Rule 24 Failure to agree.

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

Rule 26 Adoption of reports.

Rule 27 Messages between the two houses.

Rule 28 Bills to be engrossed.

Rule 29 Final action on bills, how communicated.

Rule 30 Enrolled bills--Presiding officer to sign.

Rule 31 Disposition of enrolled bills.

Rule 32 Adjournment.

Rule ((23)) 33 Adjournment sine die.

((Rule 24 Operation of committees during interim.

Rule 25 Joint legislative committees.

Rule 26 Joint committee hearings.))

Rule ((27)) 34 Each house judge of its own membership.

((Rule 28 Sessions of the legislature.

Rule 29 Amendments to joint rules.

Rule 30 Joint rules to apply for biennium.

Rule 31 Open standing committee meeting.

Rule 32 Standing committees--Duties.

Rule 33 Standing committees-- Expenses--Subpoena power.

Rule 34 Committee procedures.

Rule 35 Legislative polling.

Rule 36 Bills to be engrossed.))

Rule ((37)) 35 Convening special legislative sessions.

Rule 36 Amendments to joint rules.

Rule 37 Joint 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 ((1)) 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.

((CODE OF ETHICS

In order to maintain legislative integrity and secure the public interest the following Code of Ethics is adopted for legislators:))

Independence of Legislative Judgment

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

(((1))) 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.

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

(((3))) 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.

(((4))) 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.

(((5))) 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.

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

(((7))) 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

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

(((1))) 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.

(((2))) 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.

(((3))) 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.

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

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

Abuse of Legislative Position

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

(((1))) 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.

(((2))) 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 ((Restrictions)) Actions

Rule ((2)) (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 ((a)) any candidate or ((a)) 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 ((3)) 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 ((shall not act in said joint session except as the presiding officer, and)) in no case shall have the right to give the deciding vote.

Motions for Joint Session

Rule ((4)) 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 ((5)) 13. No business shall be considered in joint session other than that which may be agreed upon before the joint session is called.

((CONFERENCE COMMITTEE, REPORTS, ETC.

Conference Committee

Rule 6. 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. 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 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 7. 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 as relates to the subject matter, and to the extent possible the majority and minority political parties.

Failure to Agree

Rule 8. In case of failure of the conferees to agree on matters directly at issue between the two houses, the committee may in addition consider new proposed items within the scope and object of the bill in conference. A report proposing new items shall include all amendments to the bill or resolution agreed upon by the conference committee. The proposed report may be in the form of a new bill or resolution and such report must have the signatures of a majority of the members of the committee appointed from each house.

Report of Conference Committee, How

Made Out; Whom Returned to

Rule 9. 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 10. The report of a conference committee may be adopted by acclamation, but concurrence in the bill as amended shall be by roll call and the ayes and nays entered on the journals of the respective houses. The report must be voted upon in its entirety and cannot be amended. The report shall be read in full in each house before a vote is taken on the report. The senate and house, within their own bodies, can suspend the reading of a report in full. 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, to consider reports from a conference committee which has proposed new items within the scope and object of the bill in conference. Neither house may vote thereon until the twenty-four hour period shall have elapsed. The clerk and the secretary shall place the reports on the desks of the members as soon as possible. The foregoing provisions relating to twenty-four hour intervals may be suspended by the senate or the house of representatives by a two-thirds vote of the members present, and such suspension shall apply only to the house voting to suspend these provisions. No floor vote may be taken on any conference committee report without 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.

*Requires a constitutional majority. Requires two-thirds on constitutional amendment.

Messages Between the Two Houses

Rule 11. Messages from the senate to the house of representatives shall be delivered by the secretary or assistant secretary, and messages from the house of representatives to the senate shall be delivered by the chief clerk or assistant.

Final Action on Bills, How Communicated

Rule 12. 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 13. After a bill shall have passed both houses and all amendments have been carefully 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, who, after taking action thereon, shall transmit it to the office of the secretary of state.

Disposition of Enrolled Bills

Rule 14. 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.

Transmission of Documents

Rule 15. Each house shall transmit to the other all documents on which any bill or resolution may be founded.))

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. 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. 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 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 a majority 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, 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 ((22)) 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 ((23)) 33. Adjournment sine die shall be made only by concurrent resolution.

((Operation of Committees During Interim

Rule 24. During the interim between legislative sessions the membership and structure of each standing committee of each house of the legislature shall be continued for the purpose of studying and making recommendations to any subsequent session. Each standing committee shall have the following powers and duties:

(1) To perform either through the standing committee as a whole or through subcommittees thereof or select committees thereof all duties and functions customarily delegated to legislative committees acting within the scope of the duties exercised by such committee concerning the subject matter with which the legislative standing committee is generally entrusted during a regular or special legislative session;

(2) To examine and study the administrative organization and procedures of the state government, its officers, boards, committees, commissions, institutions, and other state agencies and to make recommendations where found advisable directed to the elimination of unnecessary overlapping or duplication of functions, procedures, and expenditures and to the promotion of economy and efficiency in state government and as particularly related to the scope of the activities related to the standing legislative committee while the legislature is in session;

(3) To make such other studies and examinations of the state government and its agencies as it may find advisable and to hear complaints, hold hearings, gather information, and make findings of fact with respect thereto within the scope of the activities related to the standing legislative committee while the legislature is in session;

(4) To make reports from time to time to the members of the legislature and to the public with respect to any of its findings and recommendations.

For the purposes above mentioned the Facilities and Operations Committee established in the Senate and a corresponding similar committee in the House of Representatives shall be authorized to select such clerical, legal, accounting, research, and other assistants as may be deemed desirable to work for the standing committees established hereby, and the compensation and salary of such employees shall be fixed by such committees in each respective house subject to such legislative appropriations as shall be or have been made for such purposes by the legislature for the Senate and the House of Representatives respectively.

With reference to the studies and investigations to be undertaken, each standing committee may only study subjects, areas and problems assigned to such committee by the respective house or by the rules committees of the respective house.

During the interim between sessions, proposed committee bills which may be developed as a result of the studies and investigations made by such standing committees may be proposed and filed by such committees, and such proposed committee bills shall bear the signature of a majority of the members of such standing committee. Proposed Senate bills shall be filed with the secretary of the Senate. Proposed House bills shall be filed with the chief clerk of the House.

During the interim between legislative sessions such committee bill proposals shall be printed and referred to the committee on rules.

Joint Legislative Committees

Rule 25. Joint legislative committees may be created by concurrent resolution originating in either house and passed by a majority vote of both houses. These committees shall be subject to the rules and procedures of the House and Senate. The resolution shall set forth all administrative matters including staffing, facilities, travel, budgets and grant applications, receipts and expenditures from non-legislative sources. All personnel matters and all expenditures from any fund source shall be subject to approval by the Senate Facilities and Operations Committee and the House Executive Rules Committee. The procedure for selecting joint committee chairs and vice-chairs and their terms of office shall also be provided by the resolution. Staffing for joint legislative committees shall as much as possible be done through existing legislative staff. When existing staff are assigned to joint legislative committees they shall continue to be paid and reimbursed by the house from which they were assigned.

Joint legislative committees shall have a quorum present to take executive action.

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 file with the committee on rules of both houses, a statement of purpose setting forth the name or names of those subject to process. The respective rules committee shall consider every proposed issuance of process at a meeting of the rules committee immediately following the filing of the statement with the committee. The process shall not be issued prior to approval by a majority of the membership of each rules committee. The process shall be limited to the named individuals.

Joint Committee Hearings

Rule 26. Whenever any standing, select, or special committee of either house shall desire to arrange for a public hearing upon any subject of legislative study pending before such committee, it shall be the duty of the chairperson of such committee to consult with the chairperson of the corresponding committee of the other house and endeavor to arrange a hearing by the committees of the two houses.

All joint public hearings held by the committees shall be scheduled at least five days in advance, shall be open to the public, and shall be given publicity. The notice and scheduling provision shall not apply to joint hearings held after the tenth day preceding adjournment sine die of any regular session or during any special session.))

Each House Judge of Its Own Membership

Rule ((27)) 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.)

((Sessions of the Legislature

Rule 28. 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.))

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 ((29)) 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 ((30)) 37. The permanent joint rules adopted by the legislature shall govern any session called during the same legislative biennium.

((Open Standing Committee Meeting

Rule 31. During its consideration of or vote on any bill, resolution or memorial, the deliberations of any standing committee of the legislature shall be open to the public in accordance with the rules of each house.

Standing Committees - Duties

Rule 32. (1) All standing, select, and special committees of both houses may take executive action on bills in Olympia only. Committee hearings of either house may be held while the legislature is convened and hearings of standing committees may be held during a recessed or interim period.

(2) The rules committee of either house may provide for schedules, locations, or additional meetings of any standing committee of the same house as may be determined necessary.

(3) Subject to the approval of the rules committee of the appropriate house, standing committees, interim subcommittees, and interim select committees may conduct hearings and scheduling without a quorum being present.

Standing Committees - Expenses - Subpoena Power

Rule 33. Regardless of whether the legislature is in session, and subject to the provisions of Rule 32 to the extent that it is applicable, members of the legislature and the president of the senate 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 legislature.

The legislative committees of the senate and of the house of representatives, 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 if and when specifically authorized by the committee on rules of the respective house for specific purposes and for specific subjects in accordance with the authorization of the committee on rules or pursuant to rules established by the respective house.

Committee Procedures

Rule 34. Any person whose reputation may be unfairly injured by testimony at a committee hearing shall be given a reasonable opportunity to rebut that testimony. Each committee chairperson shall conduct hearings so as to afford reasonable protection of that right. In addition, any person who believes their reputation may have been unfairly injured by such testimony shall be entitled, upon submitting a timely request, to (1) an accurate record of the pertinent testimony; (2) an opportunity to voluntarily appear before the committee and testify; and (3) an opportunity to file a sworn written statement of facts or other documents for incorporation into the hearing record.

Legislative Polling

Rule 35. The use of public funds by a legislator or legislative employee for legislative polling, including mailed questionnaires, is authorized only when the following criteria are met:

(1) Polling must be authorized by a legislator, and confined to soliciting opinions or facts relative to legislative issues or studies;

(2) The identity of the legislator, legislative committee, or party caucus conducting the poll must be disclosed to the person being polled;

(3) In any year in which a legislator is a candidate for public office, no poll may be conducted 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 poll may be conducted 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. Such polling is not prohibited during any special legislative session or during the thirty days preceding such session. A legislative committee may authorize or conduct a poll at any time if the poll conforms to subsections (1), (2), and (4) of this rule; and

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

Bills to be Engrossed

Rule 36. 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.

Convening Special Legislative Sessions

Rule 37. 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 30 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.

MOTIONS

On motion of Senator Jesernig, the rules were suspended, House Concurrent Resolution No. 4409 was advanced to second reading and read the second time.

On motion of Senator Jesernig, the rules were suspended, House Concurrent Resolution No. 4409 was advanced to third reading and placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the adoption of House Concurrent Resolution No. 4409.

House Concurrent Resolution No. 4409 was adopted by voice vote.

At 11:19 a.m., there being no objection, the President declared the Senate to be at ease.

The Senate was called to order at 11:29 a.m. by President Pritchard.

The Sergeant at Arms announced that the Honorable Ralph Munro, Secretary of State; His Excellency Vladimir Lukin, the Ambassador of the Russian Federation; and the Honorable Georgi B. Vlaskin of the Russian Consulate in Seattle, were present in the Senate Chamber and escorted the honored guests to the Senate Rostrum.

There being no objection, the President advanced the Senate to the eight order of business.

MOTION

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

SENATE RESOLUTION 1993-8605

By Senators M. Rasmussen, Bluechel, Gaspard, Snyder, Skratek and Spanel

WHEREAS, There exists a long history of warm relations between the people of Washington and Russia, of personal friendships, and family ties; and

WHEREAS, Many Washingtonians and Russians have visited one another's countries, as individuals and delegations, and this citizen diplomacy has resulted in school, hospital, and cultural exchanges, business, trade, and numerous sister city relationships; and

WHEREAS, Ambassador Lukin was a pioneer in establishing direct relations between the Russian federation and the state of Washington as Chairman of the Russian Federation Committee on International Affairs and Foreign Economic Relations; and

WHEREAS, Washington is greatly honored that Russia chose to open a Consulate General in our state; and

WHEREAS, We recognize that the Consulate General in Seattle is the first diplomatic office opened in the United States by Independent Democratic Russia; and

WHEREAS, Governors from the Russian Far East and other elected officials have visited Washington to develop closer economic and business relations; and

WHEREAS, The Pacific Northwest and the Russian Far East are neighbors in the Pacific Rim with a shared economic future; and

WHEREAS, The people of Russia and Washington have much in common, wide open spaces, frontier spirit, diversity of people, and the desire to work together;

NOW, THEREFORE, BE IT RESOLVED, That Washington welcomes Ambassador Lukin, the members of his delegation and family, Consul General Vlaskin and the officers and staff of the Consulate General in Seattle; and

BE IT FURTHER RESOLVED, That we look forward to the months and years ahead as the people of Russia and Washington continue to build a firm foundation of business and personal ties to create a better future for our children; and

BE IT FURTHER RESOLVED, That the Secretary of the Senate immediately transmit copies of this resolution to Ambassador Lukin and Consul General Vlaskin.

Senators Jesernig and Marilyn Rasmussen spoke to Senate Resolution 1993-8605.

INTRODUCTION OF SPECIAL GUESTS

The President introduced Secretary of State Ralph Munro, Vladimir Lukin, Ambassador of the Russian Federation, and Consul General Georgi B. Vlaskin of the Russian Consulate General in Seattle, who were seated on the rostrum.

With permission of the Senate, business was suspended to permit Ambassador Lukin to address the Senate.

Senators Gaspard and Bluechel welcomed Ambassador Lukin and Consul General Vlaskin to the Washington State Senate.

The Sergeant at Arms escorted the honored guests from the Senate Chamber.

MOTION

At 11:59 a.m., on motion of Senator Jesernig, the Senate adjourned until 12:00 noon, Friday, January 29, 1993.

JOEL PRITCHARD, President of the Senate

MARTY BROWN, Secretary of the Senate