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FIRST DAY
__________
NOON SESSION
__________
House Chamber, Olympia, Monday, January 9, 1995
The House of Representatives of the 1995 regular Session of the Fifty-Fourth Legislature was called to order at 12:00 Noon by the Chief Clerk of the Fifty-Third Legislature, Marilyn Showalter.
The Chief Clerk requested the Sergeant at Arms to escort the Members-elect to seats on the floor of the House, as selections by Quintessence were performed.
The Fifty-Fourth Session of the House of Representatives for the State of Washington will please come to order.
The flag was escorted to the rostrum by The Washington Army National Guard.
The Star Spangled Banner was sung by Annie Mastrondanato an eighth grader from Washington Middle School.
Prayer was offered by The Reverend Dale Cook, Free Methodist Church of Wenatchee.
Almighty and eternal God,
Thank you for the high privilege and awesome responsibility you have given to each member of this legislative body during the weeks and months ahead.
We know that during that time the load will get heavey; the days will become long; the physical and emotional and mental strain will increase. I pray for the physical health of each member. May he or she not lose the hope and vision that is sensed today. May they each have courage to stand strong for the ideals that are lodged deep within the heart. Grant to each one a strong commitment to his or spouse and family as the pressures of the work load increase.
Conscious of our own fallibility as human beings, I pray for Divine aide for the members of this assembly to be your messengers in the critical decisions thy will be called upon to make. May there be a willingness to work with you to bring peace and morality to every citizen of this great State. As you give them wisdom to make right decisions, may your will be done in the State of Washington as it is in heaven.
In the Name of Him Who is the Way, the Truth & the Life.
Amen.
APPOINTMENT OF SPECIAL COMMITTEE
The Chief Clerk appointed Representatives Padden and Dellwo to escort Justice Richard P. Guy of the Supreme Court of the State of Washington from the State Reception Room to the Rostrum.
MESSAGES FROM THE SECRETARY OF STATE
The Honorable
Speaker of the House of Representatives
The Legislature of the State of Washington
Olympia, Washington
Mr. Speaker:
I, Ralph Munro, Secretary of State of the State of Washington, do hereby certify that the following is a full, true, and correct list of persons elected to the office of State Representative at the State General Election held in the State of Washington on the eighth day of November, 1994, as shown by the official returns of said election now on file in the office of the Secretary of State:
REPRESENTATIVES ELECTED NOVEMBER 8, 1994
DIST. NAME COUNTIES REPRESENTED
NO. 1 Elliot (R) King (part), Snohomish (part)
Sherstad (R)
No. 2 Campbell (D) Pierce (part)
Smith (R)
No. 3 Brown (D) Spokane (part)
Dellwo (D)
No. 4 Crouse (R) Spokane (part)
Padden (R)
No. 5 Thomas (R) King (part)
Dyer (R)
No. 6 Silver (R) Spokane (part)
Mielke (R)
No. 7 Fuhrman (R) Ferry, Lincoln, Okanogan
McMorris (R) (part), Pend Oreille,
Spokane (part), Stevens
No. 8 Hankins (R) Benton (part)
Delvin (R)
No. 9 Sheahan (R) Adams, Asotin (part),
Schoesler (R) Spokane (part), Whitman
No. 10 Beeksma (R) Island, Skagit (part),
Sehlin (R) Snohomish (part)
No. 11 Cody (D) King (part)
Veloria (D)
No. 12 Ballard (R) Chelan, Douglas, Grant
Foreman (R) (part), Okanogan (part)
No. 13 Chandler (R) Benton (part), Grant (part),
Mulliken (R) Kittitas, Yakima (part)
No. 14 Skinner (R) Yakima (part)
Clements (R)
No. 15 Honeyford (R) Benton (part), Klickitat,
Lisk (R) Skamania (part), Yakima (part)
No. 16 Mastin (D) Asotin (part), Columbia,
Grant (D) Franklin, Garfield, Walla
No. 17 Boldt (R) Clark (part), Skamania
Benton (R) (part)
No. 18 Morris (D) Clark (part), Cowlitz (part)
Pennington (R) Lewis (part)
No. 19 Hatfield (D) Cowlitz (part), Grays Harbor
Basich (D) (part), Pacific, Wahkiakum
No. 20 Chappell (D) Lewis (part), Pierce (part)
Brumsickle (R) Thurston (part)
No. 21 Blanton (R) Snohomish (part)
Radcliff (R)
No. 22 Romero (D) Thurston (part)
Wolfe (D)
No. 23 Hargrove (R) Kitsap (part)
Schmidt (R)
No. 24 Buck (R) Clallam, Grays Harbor (part),
Kessler (D) Jefferson
No. 25 Casada (R) King (part), Pierce (part)
Pelesky (R)
No. 26 McMahan (R) Kitsap (part), Pierce (part)
Huff (R)
No. 27 Fisher (D) Pierce (part)
Regala (D)
No. 28 Talcott (R) Pierce (part)
Carrell (R)
No. 29 Conway (D) Pierce (part)
Ebersole (D)
No. 30 Hickel (R) King (part), Pierce (part)
Mitchell (R)
No. 31 Robertson (R) King (part), Pierce (part)
Thomas (R)
No. 32 Rust (D) King (part)
Cole (D)
No. 33 Patterson (D) King (part)
Fisher (D)
No. 34 Poulsen (D) King (part)
Valle (D)
No. 35 Johnson (R) Grays Harbor (part), Kitsap
Sheldon (D) (part), Mason, Thurston (part)
No. 36 Sommers (D) King (part)
Dickerson (D)
No. 37 Mason (D) King (part)
Tokuda (D)
No. 38 Costa (D) Snohomish (part)
Scott (D)
No. 39 Stevens (R) King (part), Snohomish (part)
Koster (R)
No. 40 Quall (D) San Juan, Skagit (part),
Hymes (R) Whatcom (part)
No. 41 Horn (R) King (part)
Ballasiotes (R)
No. 42 Goldsmith (R) Whatcom (part)
Kremen (D)
No. 43 Thibaudeau (D) King (part)
Chopp (D)
No. 44 Schmidt (R) Snohomish (part)
Thompson (R)
No. 45 Lambert (R) King (part)
Backlund (R)
No. 46 Appelwick (D) King (part)
Jacobsen (D)
No. 47 Cooke (R) King (part)
Cairnes (R)
No. 48 Reams (R) King (part)
Van Luven (R)
No. 49 Carlson (R) Clark (part)
Ogden (D)
IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed the Seal of the State of Washington at Olympia this ninth day of January, 1995.
(Seal)
Ralph Munro, Secretary of State.
The Honorable
Speaker of the House of Representatives
The Legislature of the State of Washington
Olympia, Washington
I, Ralph Munro, Secretary of State of the state of Washington, do hereby certify that according to the provisions of RCW 29.62.130, I have canvassed the returns of the 1,733,471 votes cast by the 2,896,519 registered voters of the state for and against the initiatives, referendums, federal offices, joint-judicial offices and joint-legislative offices which were submitted to the vote of the people at the state general election held on November 8, 1994, as received from the County Auditors.
INITIATIVE TO THE PEOPLE 607
"Shall persons other than dentists be licensed to make and sell dentures to the public, as regulated by a new state board of denture technology?"
YES 955,960
NO 703,619
REFERENDUM BILL 43
"Shall taxes on sales of cigarettes, liquor, and pop syrup be extended to fund violence reduction and drug enforcement programs?"
YES 947,847
NO 712,575
U.S. Senate
Ron Sims (D) 752,352
Slade Gorton (R) 947,821
U.S. Representative, 1st District
Maria Cantwell (D) 94,110
Rick White (R) 100,554
U.S. Representative, 2nd District
Harriet A. Spanel (D) 89,096
Jack Metcalf (R) 107,430
U.S. Representative, 3rd District
Jolene Unsoeld (D) 85,826
Linda Smith (R) 100,188
Caitlin Davis Carlson (GC) 6,620
U.S. Representative, 4th District
Jay Inslee (D) 81,198
Doc Hastings (R) 92,828
U.S. Representative, 5th District
Thomas S. Foley (D) 106,074
George Nethercutt (R) 110,057
U.S. Representative, 6th District
Norm Dicks (D) 105,480
Benjamin Gregg (R) 75,322
U.S. Representative, 7th District
Jim McDermott (D) 148,353
Keith Harris (R) 49,091
U.S. Representative, 8th District
Jim Wyrick (D) 44,165
Jennifer Dunn (R) 140,409
U.S. Representative, 9th District
Mike Kreidler (D) 72,451
Randy Tate (R) 77,833
State Supreme Court Justice, Position 1
Richard Guy (NP) 1,104,579
State Supreme Court Justice, Position 2
Gerry Alexander (NP) 731,090
Janice Niemi (NP) 653,131
State Supreme Court Justice, Position 3
Phil Talmadge (NP) 804,669
Jeanette Burrage (NP) 607,560
Court of Appeals, Division I, District 3, Position 1
(Island, San Juan, Skagit, and Whatcom)
Mary Kay Becker (NP) 71,978
Court of Appeals, Division II, District 3, Position 1
(Clark, Cowlitz, Lewis, Pacific, Skamania, and Wahkiakum)
J. Dean Morgan (NP) 95,489
Court of Appeals, Division III, District 1, Position 1
(Ferry, Lincoln, Okanogan, Pend Oreille, Spokane, and Stevens)
John A. Schultheis (NP) 134,673
Superior Court Judge, Position 1
(Benton and Franklin)
Philip M. Rodriguez (NP) 4,198
George F. Wolcott (NP) 8,589
Vic L. VanderSchoor (NP) 12,472
Phil Raekes (NP) 14,326
Bill Cameron (NP) 8,582
State Representative District 1, Position 1
(King and Snohomish)
Barbara S. Cothern (D) 15,321
Ian Elliot (R) 16,027
Alan Negrin (NL) 666
State Representative District 1, Position 2
(King and Snohomish)
Linda S. Johnson (D) 14,472
Mike Sherstad (R) 16,691
Amy Kolve (NL) 714
State Senator, District 7
(Ferry, Lincoln, Okanogan, Pend Oreille, Spokane and Stevens)
Bob Morton (R) 34,963
State Representative, District 7, Position 1
(Ferry, Lincoln, Okanogan, Pend Oreille, Spokane and Stevens)
Jack McLean (D) 10,761
Steve Fuhrman (R) 31,573
State Representative, District 7, Position 2
(Ferry, Lincoln, Okanogan, Pend Oreille, Spokane and Stevens)
John McLaughlin (D) 13,200
Cathy McMorris (R) 28,470
State Representative, District 9, Position 1
(Adams, Asotin, Spokane and Whitman)
Larry Sheahan (R) 23,676
John Gearhart (LB) 6,386
State Representative, District 9, Position 2
(Adams, Asotin, Spokane and Whitman)
Mark Schoesler (R) 26,651
State Representative, District 10, Position 1
(Island, Skagit and Snohomish)
Sue Karahalios (D) 18,333
Barney Beeksma (R) 20,727
State Representative, District 10, Position 2
(Island, Skagit and Snohomish)
Juanita Wagner (D) 13,943
Barry Sehlin (R) 24,220
State Representative, District 12, Position 1
(Chelan, Douglas, Grant and Okanogan)
W. Gordon Edgar (D) 8,924
Clyde Ballard (R) 25,635
State Representative, District 12, Position 2
(Chelan, Douglas, Grant and Okanogan)
Dale Foreman (R) 27,617
State Senator, District 13
(Benton, Grant, Kittitas and Yakima)
Mike Williams (D) 10,612
Harold Hochstatter (R) 23,072
State Representative, District 13, Position 1
(Benton, Grant, Kittitas and Yakima)
Pamela Kursave (D) 8,163
Gary Chandler (R) 25,326
State Representative, District 13, Position 2
(Benton, Grant, Kittitas and Yakima)
Mick Hansen (D) 13,374
Joyce Mulliken (R) 20,153
State Senator, District 15
(Benton, Klickitat, Skamania and Yakima)
Kevin L. Jackson (D) 7,576
Irv Newhouse (R) 15,436
State Representative, District 15, Position 1
(Benton, Klickitat, Skamania and Yakima)
Elmer J. Ward (D) 7,078
Jim Honeyford (R) 15,606
State Representative, District 15, Position 2
(Benton, Klickitat, Skamania and Yakima)
Barb Lisk (R) 19,032
State Representative, District 16, Position 1
(Asotin, Columbia, Franklin, Garfield and Walla Walla)
Dave Mastin (D) 18,988
Bob Hershman (R) 13,482
State Representative, District 16, Position 2
(Asotin, Columbia, Franklin, Garfield and Walla Walla)
Bill Grant (D) 18,656
Dennis J. Schilling (R) 13,953
State Representative, District 17, Position 1
(Clark and Skamania)
Kim Peery (D) 15,771
Marc Boldt (R) 16,799
State Representative, District 17, Position 2
(Clark and Skamania)
Jim Davis (D) 14,099
Don Benton (R) 17,893
State Representative, District 18, Position 1
(Clark, Cowlitz and Lewis)
Betty Sue Morris (D) 18,728
Joseph Zarelli (R) 17,631
State Representative, District 18, Position 2
(Clark, Cowlitz and Lewis)
Jim Springer (D) 15,078
John Pennington (R) 20,937
State Representative, District 19, Position 1
(Cowlitz, Grays Harbor, Pacific and Wahkiakum)
Brian Hatfield (D) 20,193
Mark Obtinario (R) 11,762
State Representative, District 19, Position 2
(Cowlitz, Grays Harbor, Pacific and Wahkiakum)
Bob Basich (D) 16,132
Brian Shay (R) 15,954
State Representative, District 20, Position 1
(Lewis, Pierce and Thurston)
Dave Chappell (D) 20,301
Ron Laeger (R) 15,364
State Representative, District 20, Position 2
(Lewis, Pierce and Thurston)
Bill Brumsickle (R) 27,463
State Representative, District 24, Position 1
(Clallam, Grays Harbor and Jefferson)
Evan Jones (D) 20,292
Jim Buck (R) 22,242
State Representative, District 24, Position 2
(Clallam, Grays Harbor and Jefferson)
Lynn Kessler (D) 24,513
Ray W. Freeman (R) 16,143
State Representative, District 25, Position 1
(King and Pierce)
Marc F. Brouillet (D) 13,114
Sarah M. Casada (R) 20,060
State Representative, District 25, Position 2
(King and Pierce)
Barbara Skinner (D) 14,014
Grant Owen Pelesky (R) 17,720
Mark Downey (PP) 1,089
State Senator, District 26
(Kitsap and Pierce)
Ron Hanna (D) 12,350
Bob Oke (R) 24,445
State Representative, District 26, Position 1
(Kitsap and Pierce)
Ron Meyers (D) 16,871
Lois McMahan (R) 19,749
State Representative, District 26, Position 2
(Kitsap and Pierce)
Mary Ann Huntington (D) 14,157
Tom Huff (R) 22,203
State Senator, District 30
(King and Pierce)
Jean Marie Brough (D) 14,046
Ray Schow (R) 15,610
State Representative, District 30, Position 1
(King and Pierce)
Tracey J. Eide (D) 13,529
Tim Hickel (R) 15,858
State Representative, District 20, Position 2
(King and Pierce)
Helen E. Myrick (D) 10,323
Maryann Mitchell (R) 18,677
State Senator, District 31
(King and Pierce)
Tina Aguilar (D) 9,723
Pam Roach (R) 19,554
State Representative, District 31, Position 1
(King and Pierce)
Judi Roland (D) 12,277
Eric Robertson (R) 16,796
State Representative, District 31, Position 2
(King and Pierce)
Lee Valenta (D) 11,568
Les Thomas (R) 17,398
State Senator, District 35
(Grays Harbor, Kitsap, Mason and Thurston)
Brad Owen (D) 24,265
Meta Heller (R) 11,736
State Representative, District 35, Position 1
(Grays Harbor, Kitsap, Mason and Thurston)
Barbara J. Holm (D) 16,222
Peggy Johnson (R) 20,575
State Representative, District 35, Position 2
(Grays Harbor, Kitsap, Mason and Thurston)
Tim Sheldon (D) 28,489
State Representative, District 39, Position 1
(King and Snohomish)
Steve Hobbs (D) 12,425
Val Stevens (R) 21,936
State Representative, District 39, Position 2
(King and Snohomish)
Hans Dunshee (D) 16,324
John Koster (R) 18,185
State Representative, District 40, Position 1
(Skagit, San Juan and Whatcom)
Dave Quall (D) 22,969
Mark L. Hulst (R) 17,581
State Representative, District 40, Position 2
(Skagit, San Juan and Whatcom)
Kris Molesworth (D) 19,640
Cheryl Hymes (R) 21,196
IN WITNESS WHEREOF, I have set my hand and affixed the seal of the state of Washington, this 8th day of December, 1994.
(Seal)
Ralph Munro, Secretary of State
ROLL CALL
The Clerk called the roll of the House.
Justice Richard P. Guy administered the oath of office to the Members-elect of the House of Representatives.
There being no objection, the House advanced to the eighth order of business.
RESOLUTION
HOUSE RESOLUTION NO. 94-4600, by Representatives Foreman and Ebersole
BE IT RESOLVED, That the House of Representatives Rules Committee shall meet no later than Monday, January 16, 1995, the eighth legislative day, to consider and make recommendations on permanent rules for the House of Representatives; and
BE IT FURTHER RESOLVED, That no later than Friday, January 20, 1995, the twelfth legislative day, the House of Representatives shall meet to consider adoption of permanent rules for the Fifty-fourth Legislature; and
BE IT FURTHER RESOLVED, That temporary House Rules for the Fifty-fourth Legislature be adopted as follows:
TEMPORARY RULES OF THE HOUSE OF REPRESENTATIVES
FIFTY-FOURTH LEGISLATURE
1995-1996
Rule 1 Definitions
Rule 2 Chief Clerk to Call to Order
Rule 3 Election of Officers
Rule 4 Powers and Duties of the Speaker
Rule 5 Chief Clerk
Rule 6 Duties of Employees
Rule 7 Admission to the House
Rule 8 Absentees and Courtesy
Rule 9 Bills, Memorials and Resolutions - Introductions
Rule 10 Reading of Bills
Rule 11 Amendments
Rule 12 Final Passage
Rule 13 Hour of Meeting, Roll Call and Quorum
Rule 14 Daily Calendar and Order of Business
Rule 15 Motions
Rule 16 Members Right to Debate
Rule 17 Rules of Debate
Rule 18 Ending of Debate - Previous Question
Rule 19 Voting
Rule 20 Reconsideration
Rule 21 Call of the House
Rule 22 Appeal from Decision of Chair
Rule 23 Standing Committees
Rule 24 Duties of Committees
Rule 25 Standing Committees - Expenses - Subpoena Power
Rule 26 Vetoed Bills
Rule 27 Suspension of Compensation
Rule 28 Smoking
Rule 29 Parliamentary Rules
Rule 30 Standing Rules Amendment
Rule 31 Rules to Apply for Assembly
Rule 32 Legislative Mailings
Definitions
Rule 1. "Absent" means an unexcused failure to attend.
"Term" means the two-year term during which the members as a body may act.
"Session" means a constitutional gathering of the house in accordance with Article 2 § 12 of the state Constitution.
"Committee" means any standing, conference, joint, subcommittee, or select committee as so designated by rule or resolution.
"Bill" means bill, joint memorial, joint resolution, or concurrent resolution unless the context indicates otherwise.
Chief Clerk to Call to Order
Rule 2. It shall be the duty of the chief clerk of the previous term to call the house to order and to conduct the proceedings until a speaker is chosen.
Election of Officers
Rule 3. The house shall elect the following officers at the commencement of each term: Its presiding officer, who shall be styled speaker of the house; a speaker pro tempore, who shall serve in absence or in case of the inability of the speaker; and a chief clerk of the house. Such officers shall hold office during all sessions until the convening of the succeeding term: PROVIDED, HOWEVER, That any of these offices may be declared vacant by the vote of a constitutional majority of the house, the members voting viva voce and their votes shall be entered on the journal. If any office is declared vacant, the house shall fill such vacant office as hereinafter provided. In all elections by the house a constitutional majority shall be required, the members shall vote viva voce and their votes shall be entered on the journal. (Art. II § 27)
Powers and Duties of the Speaker
Rule 4. The speaker shall have the following powers and duties:
(A) The speaker shall take the chair and call the house to order precisely at the hour appointed for meeting and if a quorum be present, shall cause the journal of the preceding day to be read and shall proceed with the order of business.
(B) The speaker shall preserve order and decorum, and in case of any disturbance or disorderly conduct within the chamber or legislative area, shall order the sergeant at arms to suppress the same and may order the sergeant at arms to remove any person creating any disturbance within the house chamber or legislative area.
(C) The speaker may speak to points of order in preference to other members, arising from the seat for that purpose, and shall decide all questions of order subject to an appeal to the house by any member, on which appeal no member shall speak more than once without leave of the house.
(D) The speaker shall sign all bills in open session. (Art. II § 32)
(E) The speaker shall sign all writs, warrants and subpoenas issued by order of the house, all of which shall be attested to by the chief clerk.
(F) The speaker shall have the right to name any member to perform the duties of the chair, but such substitution shall neither extend beyond adjournment nor authorize the representative so substituted to sign any documents requiring the signature of the speaker.
(G) The speaker, in open session, shall appoint committee chairs from the majority party of the house and shall appoint members to committees in the same ratio as the membership of the respective parties of the house, unless otherwise provided by law or house rules.
(H) The speaker shall serve as chair of the rules committee.
(I) The speaker shall have charge of and see that all officers, attaches and clerks perform their respective duties.
(J) The speaker pro tempore shall exercise the duties, powers and prerogatives of the speaker in the event of the speaker's death, illness, removal or inability to act until the speaker's successor shall be elected.
Chief Clerk
Rule 5. The chief clerk shall perform the usual duties pertaining to the office, and shall hold office until a successor has been elected.
The chief clerk shall employ, upon the recommendation of the employment committee and subject to the approval of the speaker, all other house employees; the hours of duty and assignments of all house employees shall be under the chief clerk's directions and instructions, and they may be dismissed by the chief clerk with the approval of the speaker. The speaker shall sign and the chief clerk shall countersign all payrolls and vouchers for all expenses of the house and appropriately transmit the same. In the event of the chief clerk's death, illness, removal or inability to act, the speaker may appoint an acting chief clerk who shall exercise the duties and powers of the chief clerk until the chief clerk's successor shall be elected.
Duties of Employees
Rule 6. Employees of the house shall perform such duties as are assigned to them by the chief clerk. Under no circumstances shall the compensation of any employee be increased for past services. No house employee shall seek to influence the passage or rejection of proposed legislation.
Admission to the House
Rule 7. It shall be the general policy of the house to keep the chamber clear as follows:
(A) The sergeant at arms shall admit only the following individuals to the wings and adjacent areas of the house chamber for the period of time beginning one-half hour prior to convening and ending one-half hour following the adjournment of the house's daily session:
The governor or designees, or both;
Members of the senate;
State elected officials;
Officers and authorized employees of the legislature;
Former members of the house who are not advocating any pending or proposed legislation;
Representatives of the press;
Other persons with the consent of the speaker.
(B) Only members, pages, sergeants at arms and clerks are permitted on the floor while the house is in session.
(C) Lobbying in the house chamber or in any committee room or lounge room is prohibited when the house or committee is in session unless expressly permitted by the house or committee. Anyone violating this rule will forfeit his or her right to be admitted to the house chamber or any of its committee rooms.
Absentees and Courtesy
Rule 8. No member shall be absent from the service of the house without leave from the speaker. When the house is in session, only the speaker shall recognize visitors and former members.
Bills, Memorials and Resolutions - Introductions
Rule 9. Any member desiring to introduce a bill shall file the same with the chief clerk. Bills filed by 10:00 a.m. shall be introduced at the next daily session, in the order filed: PROVIDED, That if such introduction is within the last ten days of a regular session, it cannot be considered without a direct vote of two-thirds (2/3) of all the members elected to each house with such vote recorded and entered upon the journal. (Art. II § 36)
Any member or member-elect may prefile a bill with the chief clerk commencing twenty (20) days before any session. Prefiled bills shall be introduced on the first legislative day.
All bills shall be endorsed with a statement of the title and the name of the member or members introducing the same. The chief clerk shall attach to all bills a substantial cover bearing the title and sponsors and shall number each bill in the order filed. All bills shall be printed unless otherwise ordered by the house.
Any bill introduced at any session during the term shall be eligible for action at all subsequent sessions during the term.
Reading of Bills
Rule 10. Every bill shall be read on three separate days: PROVIDED, That this rule may be temporarily suspended at any time by a two-thirds (2/3) vote of the members present; and that on and after the fifth day prior to the day of adjournment sine die of any session, as determined pursuant to Article II, Section 12 of the state Constitution or concurrent resolution, or on and after the third day prior to the day a bill must be reported from the house as established by concurrent resolution, this rule may be suspended by a majority vote.
(A) FIRST READING. The first reading of a bill shall be by title only, unless a majority of the members present demand a reading in full.
After the first reading the bill shall be referred to an appropriate committee.
Upon being reported out of committee, all bills shall be referred to the rules committee, unless otherwise ordered by the house.
The rules committee may, by majority vote, refer any bill in its possession to a committee for further consideration. Such referral shall be reported to the house and entered in the journal under the fifth order of business.
(B) SECOND READING. Upon second reading, the bill number and short title and the last line of the bill shall be read unless a majority of the members present shall demand its reading in full. The bill shall be subject to amendment section by section. No amendment shall be considered by the house until it has been sent to the chief clerk's desk in writing, distributed to the desk of each member and read by the clerk. All amendments adopted during second reading shall be securely fastened to the original bill. All amendments rejected by the house shall be passed to the minute clerk, and the journal shall show the disposition of such amendments.
When no further amendments shall be offered, the speaker shall declare the bill has passed its second reading.
(C) SUBSTITUTE BILLS. When a committee reports a substitute for an original bill with the recommendation that the substitute bill do pass, it shall be in order to read the substitute the first time and have the same printed. A motion for the substitution shall not be in order until the second reading of the original bill.
(D) THIRD READING. Only the last line of bills shall be read on third reading unless a majority of the members present demand a reading in full. No amendments to a bill shall be received on third reading but it may be referred or recommitted for the purpose of amendment.
(E) SUSPENSION CALENDAR. Bills may be placed on the second reading suspension calendar by the rules committee if at least two minority party members of the rules committee join in such motion. Bills on the second reading suspension calendar shall not be subject to amendment or substitution except as recommended in the committee report. When a bill is before the house on the suspension calendar, the question shall be to adopt the committee recommendations and advance the bill to third reading. If the question fails to receive a two-thirds vote of the members present, the bill shall be referred to the rules committee for second reading.
(F) HOUSE RESOLUTIONS. House resolutions shall be filed with the chief clerk who shall transmit them to the rules committee. If a rules committee meeting is not scheduled to occur prior to a time necessitated by the purpose of a house resolution, the majority leader and minority leader by agreement may waive transmission to the rules committee to permit consideration of the resolution by the house. The rules committee may adopt house resolutions by a sixty percent majority vote of its entire membership or may, by a majority vote of its members, place them on the motions calendar for consideration by the house.
(G) CONCURRENT RESOLUTIONS. Reading of concurrent resolutions may be advanced by majority vote.
Amendments
Rule 11. The right of any member to offer amendments to proposed legislation shall not be limited except as provided in Rule 10(E) and as follows:
(A) AMENDMENTS TO BE OFFERED IN PROPER FORM. The chief clerk shall establish the proper form for amendments and all amendments offered shall bear the name of the member who offers the same, as well as the number and section of the bill to be amended.
(B) COMMITTEE AMENDMENTS. When a bill is before the house on second reading, amendments adopted by committees and recommended to the house shall be acted upon by the house before any amendments that may be offered from the floor.
(C) SENATE AMENDMENTS TO HOUSE BILLS. A house bill, passed by the senate with amendment or amendments which shall change the scope and object of the bill, upon being received in the house, shall be referred to appropriate committee and shall take the same course as for original bills unless a motion not to concur is adopted prior to the bill being referred to committee.
(D) AMENDMENTS TO BE GERMANE. No motion or proposition on a subject different from that under consideration shall be admitted under color of amendment; and no bill or resolution shall at any time be amended by annexing thereto or incorporating therein any other bill or resolution pending before the house.
(E) SCOPE AND OBJECT NOT TO BE CHANGED. No amendment to any bill shall be allowed which shall change the scope and object of the bill. (Art. II § 38)
(F) NO AMENDMENT BY REFERENCE. No act shall ever be revised or amended without being set forth at full length. (Art. II § 37)
(G) TITLE AMENDMENTS. The subject matter portion of a bill title ((of a bill)) shall not be amended in committee or on second reading. Changes to that part of the title after the subject matter statement shall either be presented with the amendment or be incorporated by the chief clerk in the engrossing process.
Final Passage
Rule 12. Rules relating to bills on final passage are as follows:
(A) RECOMMITMENT BEFORE FINAL PASSAGE. A bill may be recommitted at any time before its final passage.
(B) FINAL PASSAGE. No bill shall become a law unless on its final passage the vote be taken by yeas and nays, the names of the members voting for and against the same be entered on the journal of each house, and a majority of the members elected to each house be recorded thereon as voting in its favor. (Art. II § 22)
(C) BILLS PASSED - CERTIFICATION. When a bill passes, it shall be certified to by the chief clerk, said certification to show the date of its passage together with the vote thereon.
Hour of Meeting, Roll Call and Quorum
Rule 13. (A) HOUR OF MEETING. The speaker shall call the house to order each day of sitting at 10:00 A.M., unless the house shall have adjourned to some other hour.
(B) ROLL CALL AND QUORUM. Before proceeding with business, the roll of the members shall be called and the names of those absent or excused shall be entered on the journal. A majority of all the members elected must be present to constitute a quorum for the transaction of business. In the absence of a quorum, seven members with the speaker, or eight members in the speaker's absence, having chosen a speaker pro tempore, shall be authorized to demand a call of the house and may compel the attendance of absent members in the manner provided in Rule 21(B). For the purpose of determining if a quorum be present, the speaker shall count all members present, whether voting or not. (Art. II § 8)
(C) The house shall adjourn not later than 10:00 P.M. of each working day. This rule may be suspended by a majority vote.
Daily Calendar and Order of Business
Rule 14. The rules relating to the daily calendar and order of business are as follows:
(A) DAILY CALENDAR. Business of the house shall be disposed of in the following order:
First: Roll call, presentation of colors, prayer and approval of the journal of the preceding day.
Second: Introduction of visiting dignitaries.
Third: Messages from the senate, governor and other state officials.
Fourth: Introduction and first reading of bills, memorials, joint resolutions and concurrent resolutions.
Fifth: Committee reports.
Sixth: Second reading of bills.
Seventh: Third reading of bills.
Eighth: Floor resolutions and motions.
Ninth: Presentation of petitions, memorials and remonstrances addressed to the Legislature.
Tenth: Introduction of visitors and other business to be considered.
Eleventh: Announcements.
(B) UNFINISHED BUSINESS. The unfinished business at which the house was engaged preceding adjournment shall not be taken up until reached in regular order, unless the previous question on such unfinished business has been ordered prior to said adjournment.
(C) EXCEPTIONS. Exceptions to the order of business are as follows:
(1) The order of business may be changed by a majority vote of those present.
(2) By motion under the eighth order of business, a bill in the rules committee may be placed on the calendar by the affirmative vote of a majority of all members of the house.
(3) House resolutions and messages from the senate, governor, or other state officials may be read at any time.
Motions
Rule 15. Rules relating to motions are as follows:
(A) MOTIONS TO BE ENTERTAINED OR DEBATED. No motion shall be entertained or debated until announced by the speaker and every motion shall be deemed to have been seconded. A motion shall be reduced to writing and read by the clerk, if desired by the speaker or any member, before it shall be debated and by the consent of the house may be withdrawn before amendment or action.
(B) MOTIONS IN ORDER DURING DEBATE. When a motion has been made and seconded and stated by the chair, the following motions are in order, in the rank named:
(1) Privileged motions:
Adjourn
Adjourn to a time certain
Recess to a time certain
Reconsider
Demand for division
Question of privilege
Orders of the day
(2) Subsidiary motions:
First rank: Question of consideration
Second rank: To lay on the table
Third rank: For the previous question
Fourth rank: To postpone to a day certain
To commit or recommit
To postpone indefinitely
Fifth rank: To amend
(3) Incidental motions:
Points of order and appeal
Method of consideration
Suspension of the rules
Reading papers
Withdraw a motion
Division of a question
(C) THE EFFECT OF POSTPONEMENT - MOTIONS TO POSTPONE OR COMMIT. Once decided, no motion to postpone to a day certain, to commit, or to postpone indefinitely shall again be allowed on the same day and at the same stage of the proceedings. When a question has been postponed indefinitely, it shall not again be introduced during the session. The motion to postpone indefinitely may be made at any stage of the bill except when on first reading.
(D) MOTIONS DECIDED WITHOUT DEBATE. A motion to adjourn, to recess, to lay on the table and to call for the previous question shall be decided without debate.
All incidental motions shall be decided without debate, except that members may speak to points of order and appeal as provided in Rule 22.
A motion for suspension of the rules shall not be debatable except that the mover of the motion may briefly explain the purpose of the motion and one member may briefly state the opposition to the motion.
(E) MOTION TO ADJOURN. A motion to adjourn shall always be in order, except when the house is voting or is working under the call of the house; but this rule shall not authorize any member to move for adjournment when another member has the floor.
Members Right to Debate
Rule 16. The methods by which a member may exercise his or her right to debate are as follows:
(A) RECOGNITION OF MEMBER. When any member desires to speak in debate or deliver any matter to the house, the member shall rise and respectfully address the speaker and pause until recognized.
(B) ORDER OF SPEAKING. When two or more members arise at once, the speaker shall name the one who is to speak.
(C) LIMITATION OF DEBATE. No member shall speak longer than ten (10) minutes without consent of the house: PROVIDED, That on and after the fifth day prior to the day of adjournment sine die of any session, as determined pursuant to Article II, Section 12 of the state Constitution or concurrent resolution, or on and after the third day prior to the day a bill must be reported from the house as established by concurrent resolution, no member shall speak more than three (3) minutes without the consent of the house. No member shall speak more than twice on the same question without leave of the house: PROVIDED, That the chair of the committee or the mover of the question may close debate if it is consistent with Rule 18 (Previous Question).
Rules of Debate
Rule 17. The rules for debate in the house are as follows:
(A) QUESTION OF PRIVILEGE. Any member may rise to a question of privilege and explain a personal matter, by leave of the speaker, but the member shall not discuss any pending question in such explanations.
(B) WITHDRAWAL OF MOTION, BILL, ETC. After a motion is stated by the speaker or a bill, memorial, resolution, petition or remonstrance is read by the clerk, it shall be deemed to be in possession of the house, but may be withdrawn by consent of the house at any time before decision or amendment.
(C) READING OF A PAPER. When the reading of any paper is called for and is objected to by any member, it shall be determined by a vote of the house.
(D) DISTRIBUTION OF MATERIALS. Any materials of any nature distributed to the members' desks on the floor shall be subject to approval by the speaker and shall bear the name of at least one member granting permission for the distribution. This shall not apply to materials normally distributed by the chief clerk.
(E) ORDER OF QUESTIONS. All questions, whether in committee or in the house, shall be propounded in the order in which they are named except that in filling blanks, the largest sum and the longest time shall be put first.
(F) DIVISION OF POINTS OF DEBATE. Any member may call for a division of a question which shall be divided if it embraces subjects so distinct that one being taken away a substantive proposition shall remain for the decision of the house; but a motion to strike out and to insert shall not be divided. The rejection of a motion to strike out and to insert one proposition shall not prevent a motion to strike out and to insert a different proposition.
(G) DECORUM OF MEMBERS. While the speaker is putting the question, no member shall walk across or out of the house; nor when a member is speaking shall any member entertain private discourse or pass between the speaking member and the rostrum.
(H) REMARKS CONFINED. A member shall confine all remarks to the question under debate and avoid personalities. No member shall impugn the motive of any member's vote or argument.
(I) EXCEPTION TO WORDS SPOKEN IN DEBATE. If any member be called to order for words spoken in debate, the person calling the member to order shall repeat the words excepted to and they shall be taken down in writing at the clerk's table. No member shall be held in answer or be subject to the censure of the house for words spoken in debate if any other member has spoken before exception to them shall have been taken.
(J) TRANSGRESSION OF RULES - APPEAL. If any member, in speaking or otherwise, transgresses the rules of the house the speaker shall, or any member may, call the member to order, in which case the member so called to order shall immediately sit down unless permitted to explain; and the house shall, if appealed to, decide the case without debate; if there be no appeal, the decision of the chair shall prevail.
If the decision be in favor of the member called to order, the member shall be at liberty to proceed; if otherwise, and the case shall require it, the member shall be liable to the censure of the house.
Ending of Debate - Previous Question
Rule 18. The previous question may be ordered by a two-thirds (2/3) vote of the members present on all recognized motions or amendments which are debatable.
The previous question is not debatable and cannot be amended.
The previous question shall be put in this form: "Representative __________ demands the previous question. As many as are in favor of ordering the previous question will say 'Aye'; as many as are opposed will say 'No'."
The results of the motion are as follows: If determined in the negative, the consideration goes on as if the motion had never been made; if decided in the affirmative it shall have the effect of cutting off all debate and bringing the house to a direct vote upon the motion or amendment on which it has been ordered: PROVIDED HOWEVER, That when a bill is on final passage or when the motion to postpone indefinitely is pending, one of the sponsors of the bill or the chair of the committee may have the privilege of closing debate after the previous question has been ordered.
If an adjournment is had after the previous question is ordered, the motion or proposition on which the previous question was ordered shall be put to the house immediately following the approval of the journal on the next working day, thus making the main question privileged over all other business, whether new or unfinished.
Voting
Rule 19. (A) PUTTING OF QUESTION. The speaker shall put the question in the following form: "The question before the house is (state the question). As many as are in favor say 'Aye'; and after the affirmative vote is expressed, "as many as are opposed say 'No'."
(B) ALL MEMBERS TO VOTE. Every member who was in the house when the question was put shall vote unless, for special reasons, excused by the house.
All motions to excuse a member shall be made before the house divides or before the call for yeas and nays is commenced; and any member requesting to be excused from voting may make a brief and verbal statement of the reasons for making such request, and the question shall then be taken without further debate.
Upon a division and count of the house on the question, only members at their desks within the bar of the house shall be counted.
(C) CHANGE OF VOTE. When the electric roll call machine is used, no member shall be allowed to vote or change a vote after the speaker has locked the roll call machine. When an oral roll call is taken, no member shall be allowed to vote or change a vote after the result has been announced.
(D) PRIVATE INTEREST. No member shall vote on any question which affects that member privately and particularly. A member who has a private interest in any bill or measure proposed or pending before the legislature shall disclose the fact to the house of which he is a member, and shall not vote thereon. (Art. II § 30)
(E) INTERRUPTION OF ROLL CALL. Once begun, the roll call may not be interrupted. No member or other person shall visit or remain at the clerk's desk while the yeas and nays are being called.
(F) YEAS AND NAYS - RECORDED VOTES. Upon the final passage of any bill, the vote shall be taken by yeas and nays and shall be recorded by the electric voting system: PROVIDED, HOWEVER, That an oral roll call shall be ordered when demanded by one-sixth (1/6) of the members present. (Art. II § 21)
The speaker may vote last when the yeas and nays are called.
When the vote is by electric voting machine or by oral roll call on any question, it shall be entered upon the journal of the house. A recorded vote may be compelled by one-sixth (1/6) of the members present. A request for a recorded vote must be made before the vote is commenced.
(G) TIE VOTE, QUESTION LOSES. In case of an equal division, the question shall be lost.
(H) DIVISION. If the speaker is in doubt, or if division is
called for by any member, the house shall divide.
Reconsideration
Rule 20. Notice of a motion for reconsideration on the final passage of bills shall be made on the day the vote to be reconsidered was taken and before the house has voted to transmit the bill to the senate.
Reconsideration of the votes on the final passage of bills must be taken on the next working day after such vote was taken: PROVIDED, That on and after the fifth day prior to the day of adjournment sine die of any session, as determined pursuant to Article II, Section 12 of the state Constitution, or concurrent resolution, or on and after the third day prior to the day a bill must be reported from the house as established by concurrent resolution, then reconsideration of votes on the final passage of bills must be taken on the same day as the original vote was taken. A motion to reconsider an amendment may be made at any time the bill remains on second reading.
Any member who voted on the prevailing side may move for reconsideration or give notice thereof.
A motion to reconsider can be decided only once when decided in the negative.
When a motion to reconsider has been carried, its effect shall be to place the original question before the house in the exact position it occupied before it was voted upon.
Call of the House
Rule 21. One-sixth (1/6) of the members present may demand a call of the house at any time before the house has divided or the voting has commenced by yeas and nays.
(A) DOORS TO BE CLOSED. When call of the house has been ordered, the sergeant at arms shall close and lock the doors, and no member shall be allowed to leave the chamber: PROVIDED, That the rules committee shall be allowed to meet, upon request of the speaker, while the house stands at ease: AND PROVIDED FURTHER, That the speaker may permit members to use such portions of the fourth floor as may be properly secured.
(B) SERGEANT AT ARMS TO BRING IN THE ABSENTEES. The clerk shall immediately call a roll of the members and note the absentees, whose names shall be read and entered upon the journal in such manner as to show who are excused and who are absent without leave.
The clerk shall furnish the sergeant at arms with a list of those who are absent without leave, and the sergeant at arms shall proceed to bring in such absentees; but arrests of members for absence shall not be made unless ordered by a majority of the members present.
(C) HOUSE UNDER CALL. While the house is under a call, no business shall be transacted except to receive and act on the report of the sergeant at arms; and no other motion shall be in order except a motion to proceed with business under the call of the house or a motion to excuse absentees. The motion to excuse absent members shall not be adopted unless a majority of the members elected vote in favor thereof.
Appeal from Decision of Chair
Rule 22. The decision of the chair may be appealed from by any member, on which appeal no member shall speak more than once unless by leave of the house. In all cases of appeal, the question shall be: "Shall the decision of the chair stand as the judgment of the house?"
Standing Committees
Rule 23. The standing committees of the house and the number of members that shall serve on each committee shall be as follows:
((1. Agriculture & Rural Development. . . . . . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . . 10
2. Appropriations.. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . . 27
3. Capital Budget.. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . . 15
4. Commerce & Labor. . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . . 9
5. Corrections . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . . 10
6. Education. . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . . 19
7. Energy & Utilities. . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . . 9
8. Environmental Affairs. .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . . 14
9. Financial Institutions & Insurance. . . . . . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . . 16
10. Fisheries & Wildlife. . . . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . . 9
11. Health Care. . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . . 16
12. Higher Education. . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . . 18
13. Human Services. . . . . . . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . . 12
14. Judiciary. . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . . 17
15. Local Government. . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . . 11
16. Natural Resources & Parks. . . . . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . . 11
17. Revenue. . . . . . . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . . 16
18. Rules. . . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . . 18
19. State Government. . . . . . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . . 9
20. Trade, Economic Development & Housing. . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . . 14
21. Transportation. . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . . 27
1. Agriculture & Ecology. . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . . 17
2. Appropriations.. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . . 31
3. Capital Budget.. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . . 13
4. Children & Family Services. . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . . 11
5. Commerce & Labor. . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . . 11
6. Corrections. . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . . 11
7. Education. . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . . 19
8. Finance. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . . 12
9. Financial Institutions & Insurance . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . . 13
10. Government Operations. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . . 15
11. Health Care. . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . . 11
12. Higher Education. . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . . 11
13. Law & Justice. .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . . 15
14. Natural Resources. . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . . 15
15. Rules. . . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . . 19
16. Trade & Economic Development. . . . . . . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . . 13
17. Transportation. . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . . 27
Committee members shall be selected by each party's caucus. The majority party caucus shall select all committee chairs.
Duties of Committees
Rule 24. House committees shall operate as follows:
(A) NOTICE OF COMMITTEE MEETING. The chief clerk shall make public the time, place and subjects to be discussed at committee meetings. All public hearings held by committees shall be scheduled at least five (5) days in advance and shall be given adequate publicity: PROVIDED, That when less than eight (8) days remain for action on a bill, the Speaker may authorize a reduction of the five-day notice period when required by the circumstances, including but not limited to the time remaining for action on the bill, the nature of the subject, and the number of prior hearings on the subject.
(B) COMMITTEE QUORUM. A majority of any committee shall constitute a quorum for the transaction of business.
(C) SESSION MEETINGS. No committee shall sit while the house is in session without special leave of the speaker.
(D) DUTIES OF STANDING COMMITTEES.
(1) Only such bills as are included on the written notice of a committee meeting may be considered at that meeting except upon the vote of a majority of the entire membership of the committee to consider another bill.
(2) A majority recommendation of a committee must be signed by a majority of the entire membership of the committee in a regularly called meeting before a bill, memorial or resolution may be reported out: PROVIDED, That by motion under the eighth order of business, a majority of the members elected to the house may relieve a committee of a bill and place it on the second reading calendar.
Majority recommendations of a committee can only be "do pass", "do pass as amended" or that "the substitute bill be substituted therefor and that the substitute bill do pass."
(3) Members of the committee not concurring in the majority report may prepare a written minority report containing a recommendation of "do not pass" or "without recommendation", which shall be signed by those members of the committee subscribing thereto, and submitted with the majority report.
(4) All committee reports shall be spread upon the journal. The journal of the house shall contain an exact copy of all committee reports, together with the names of the members signing such reports.
(5) Every vote to report a bill out of committee shall be taken by the yeas and nays, and the names of the members voting for and against, as well as the names of members absent, shall be recorded on the committee report and spread upon the journal. Any member may call for a recorded vote, which shall include the names of absent members, on any substantive question before the committee. A copy of all recorded committee votes shall be kept by the chief clerk and shall be available for public inspection.
(6) All bills having a direct appropriation shall be referred to the appropriate fiscal committee before their final passage. For purposes of this subsection, fiscal committee means the appropriations, capital budget, ((revenue)) finance, and transportation committees.
(7) No standing committee shall vote by secret written ballot on any issue.
(8) During its consideration of or vote on any bill, resolution or memorial, the deliberations of any standing committee of the house of representatives shall be open to the public.
(9) A standing committee to which a bill was originally referred shall, prior to voting the bill out of committee, consider whether the bill authorizes rule-making powers or requires the exercise of rule-making powers and, if so, consider:
(a) The nature of the new rule-making powers; and
(b) To which agencies the new rule-making powers would be delegated and which agencies, if any, may have related rule-making powers.
((This subsection (9) takes effect April 1, 1994.))
Standing Committees - Expenses - Subpoena Power
Rule 25. Regardless of whether the legislature is in session, members of the house may receive from moneys appropriated for the legislature, reimbursement for necessary travel expenses, and payments in lieu of subsistence and lodging for conducting official business of the house.
The standing committees of the house may have the powers of subpoena, the power to administer oaths, and the power to issue commissions for the examination of witnesses in accordance with the provisions of chapter 44.16 RCW. Before a standing committee of the house may issue any process, the committee chairperson shall submit for approval of the executive rules committee a statement of purpose setting forth the name or names of those subject to process. The process shall not be issued prior to approval by the executive rules committee. The process shall be limited to the named individuals.
Vetoed Bills
Rule 26. Veto messages of the governor shall be read in the house and entered upon the journal. It shall then be in order to proceed to reconsider the bill, refer it, lay it on the table, or postpone its consideration to a day certain.
The merits of the bill may be debated before the vote is taken, but the vote on a vetoed bill cannot be reconsidered.
In case of a bill containing several sections or items, one or more of which has been objected to by the governor, each section or item so objected to shall be voted upon separately by the house. Action by the house upon all vetoed bills shall be endorsed upon the bill and certified by the speaker.
Vetoed bills originating in the house, which have not been passed notwithstanding the veto of the governor, shall remain in the custody of the officers of the house until the close of the term, after which they shall be filed with the secretary of state.
Suspension of Compensation
Rule 27. (1) Any member of the house of representatives convicted and sentenced for any felony punishable by death or by imprisonment in a Washington state penal institution shall, as of the time of sentencing, be denied the legislative salary for future service and be denied per diem, compensation for expenses, office space facilities and assistance. Any member convicted of a felony and sentenced therefor under any federal law or the law of any other state shall, as of the time of sentencing, be similarly denied such salary, per diem, expenses, facilities and assistance if either (a) such crime would also constitute a crime punishable under the laws of Washington by death or by imprisonment in a state penal institution, or (b) the conduct resulting in the conviction and sentencing would also constitute a crime punishable under the laws of Washington by death or by imprisonment in a state penal institution.
(2) At any time, the house may vote by a constitutional majority to restore the salary, per diem, expenses, facilities, and assistance denied a member under subsection (1). If the conviction of a member is reversed, then the salary, per diem, and expense amounts denied the member since sentencing shall be forthwith paid, and the member shall thereafter have the rights and privileges of other members.
Smoking
Rule 28. Smoking of cigarettes, pipes or cigars shall not be permitted at any public meeting of any committee of the house of representatives or within House facilities.
"No smoking" signs shall be posted so as to give notice of this rule.
Parliamentary Rules
Rule 29. The rules of parliamentary practice comprised in Reed's Parliamentary Rules shall govern all cases in which they are not inconsistent with the standing rules and orders of the house.
Standing Rules Amendment
Rule 30. Any standing rule may be rescinded or changed by a majority vote of the members elected: PROVIDED, That the proposed change or changes be submitted at least one day in advance in writing to the members together with notice of the consideration thereof. Any standing rule may be suspended temporarily by a two-thirds (2/3) vote of the members present except as provided in Rule 10.
Rules to Apply for Assembly
Rule 31. The permanent house rules adopted at the beginning of the term are to govern all acts of the house during the course of the term unless amended or repealed.
Legislative Mailings
Rule 32. The house of representatives directs the house executive rules committee to adopt procedures and guidelines to ensure that all legislative mailings at public expense are for legitimate legislative purposes. With respect to member mailings to constituents, these policies and guidelines shall ensure that:
(A) All mailings are subject to applicable provisions of the code of ethics established in Rules 1 through 9 of the joint rules of the legislature.
(B) Within the twelve months preceding the expiration of a member's term of office, identical mailings are limited as follows: One mailing mailed within thirty days after the start of the regular legislative session and one mailing mailed within sixty days after the end of the regular legislative session. For purposes of this rule, an identical mailing is a mailing of identical content in excess of two hundred pieces not mailed in response to a constituent contact.
(C) Within the twelve months preceding the expiration of a member's term of office, individual letters are limited as follows: A member may mail to an individual constituent a letter or other information, including the member's opinion, on a matter relevant to legislative business if the member has a reasonable belief that the constituent is interested in that matter.
(D) The total cost of each member's mailings, including production costs, printing costs, and postage, are limited by an annual expenditure level established by the house executive rules committee.
Representative Foreman moved adoption of the resolution. Representatives Foreman and Appelwick spoke in favor of adoption of the resolution.
House Resolution No. 4600 was adopted.
ELECTION OF SPEAKER
The Chief Clerk announced that nominations were in order for Speaker of the House of Representatives.
Representative Van Luven: Thank you madame Chief Clerk, it's my pleasure to place the name of Representative Clyde Ballard of the 12th District before you for Speaker of the House of Representatives. My Party has not had a Speaker of the House for 12 years and today is a very momentous occasion.
Good things do come out of Arkansas and Republicans come out of Arkansas too and our new Speaker of the House is from Arkansas, and we are assured that he will have some pull with his distant cousin back in Washington D.C. in the White House. I'm only guessing that they're cousins. Hopefully, Clyde "Little Newt" Ballard will also have some pull with "Big Newt", the other Speaker in Washington.
As a young boy, Clyde Ballard and his family came to the state of Washington as migrant workers. They came for jobs and for opportunities. I grew up in my early years, in the lower Yakima valley, and I went to school with a lot of kids from migrant families, and let me tell you it's a long ways from being a member of a migrant family, to being a Speaker of the House of Representatives.
Along the way, Representative Ballard and his wife Ruth raised three sons, and started and operated a very successful ambulance and medical service in the Wenatchee area. He worked around life and death daily. He learned many skills. He learned to be calm under pressure even when shots were being fired all around him. He learned to get the job done, not for the glory, but because the job had to be done.
In 1982 Representative Ballard was elected to the House of Representatives. He served his two years as Caucus Chairman of the Minority Party, he served as eight years as Minority Leader. Clyde is a steady, patient, compassionate, and very hard worker as a legislator. He cared deeply for the people of his district and for the people of the State of Washington. Clyde has never shown a fear of accepting responsibility and he understands a need for a firm and consistent and sensitive approach to solving conflicts.
Recently, I was in Mexico and was talking with an associate of mine, Enrique Ochoa, and I mentioned to him that here in the United States two hours after the elections are over, because of all of the computers we have, we can tell who wins our elections. Enrique said to me, "Six months before the elections in Mexico they know who's going to win."
Last September after the primaries we knew who the next Speaker of the House was going to be. I'm pleased that Clyde is my Speaker. I have not always agreed with him, and over the years I have been a burr in his saddle, but that was all yesterday. The new media people will have to talk to the old ones.
Great things happen in politics, you grow, you learn, you agree, you disagree, you fight, and sometimes you stop and team up and go forward together with the goal of making this state a better place to be and live for our citizens. For now on I plan on riding in a saddle next to Clyde Ballard, not as a burr under it. I hope that you too will join me in support of Representative Clyde Ballard as the next Speaker of the House of Representatives for the great state of Washington. Thank you.
Representative K. Schmidt: Thank you madame Speaker. It is my pleasure to rise to second this nomination, for I too, have been in the Ballard woodshed many a time. I think that it's commendable that the two people who have probably given him more heartache and heartburn over the years have come to stand and respect him and put his name in nomination; because we know the type of person that Clyde is, and the kind of leader he is, and the kind of leader he will be leading this body. You've heard how Clyde has been goal oriented all of his life, starting out in Arkansas, son of migrant workers. He was determined to better himself and his life, and he did. He built a successful ambulance service, and isn't it interesting that he would choose an ambulance service, so that he could not only earn a living but help people. And there were many times I'm sure that he was there helping the injured and helping the families, giving compassion, being there as the strong person that somebody needed to lean on in a difficult hour.
Twelve years ago he decided to help people in another way he came to Olympia because he wanted to represent the people in his district and bring his life long work for people to Olympia where he felt he could raise their lives and raise their living standards. He must be doing a good job since he was just recently re-elected into that office by about a 75% vote. Eight years ago he became our Caucus leader, that's no small task trying to manage a group that's as philosophically diverse as this group of people is that reside in our Caucus. Sometimes instead of a gavel we think he really needs a whip and a chair, but he's always guided us and lead us with a sense of humor and dignity. He's had patience and he's had determination and he's had an enormous amount of energy.
Now I deal with frequent travellers all the time, but during the campaign season you can find Clyde in places like Port Angeles, Bellingham, Tri-Cities and that's all in one day. He's always trying to help other people, and those who want to serve their districts can always look to Clyde for help. Now it will make my job in Transportation a lot easier because now when I talk to Clyde about a road, a bridge, or a ferry route, he's probably been on it.
During the last twelve years the goal was always to lead this body. Four times I've had the pleasure of voting for Clyde, unfortunately we were always a bit short all those times. I think it might be different today Clyde, I see your name is already printed on the program. This might be a strong hint now.
I last served with a Republican Speaker thirteen years ago, obviously we are all elated over here, not only for Clyde, but also for all our opportunities to once again be in the leadership. You can expect our leader to carry his sense of humor, and his patience and his determination into his job. His door will be open to you whether you are Republican or Democrat and he will generally listen to what you have to say and to what your concerns are. And if they are the concerns that he believes should be addressed you'll find a friend in the speaker.
It is with a great deal of pleasure then that I second the nomination of (Jeffery, I'm sorry) I mean Clyde Ballard to be our next Speaker of the House.
Representative Appelwick: Thank you madame Chief Clerk. Despite my high regards for the gentleman from the 12th, I rise to nominate Brian Ebersole for re-election for Speaker of the House. Good things may come out of Arkansas, but good things come out of Tennessee, like Vice President Gore, Representative Ebersole hails from Tennessee. Fully fitting within an economy like this state, that is so dependent on trade and imports that we import a little talent now and again.
This day has a long standing tradition of nominating the minority leader for this position of Speaker. I think it's a good tradition especially today because it gives us a chance to thank and honor Brian for his two years as Speaker of the peoples' House. And this is a good time to remember some of what the House has achieved together over those two years while Brian was at the helm. And the truth is that the Democrats and the Republicans achieved quite a lot together under his Speakership. We together have slowed the rate of growth of government spending to less than one-half the average rate of the previous decade before the passage of Initiative 601 and we cut capitol spending as well. Importantly, we achieved these results without abandoning children or the elderly or the sick or working families, or our sense of compassion. And hundreds of thousands of people are living a better life in this state today because of that.
Think of it, over 200,000 more people, mostly children have access to medical coverage they couldn't get years ago. More than 10,000 unemployed workers are getting new skills and new hope through workforce training that was not available two years ago. More than 50,000 high school students are learning skills and planning careers in schools and work transition programs. And every citizen has been free from the fear that their health insurance will be canceled just when they need it most.
Under Brian's leadership, this House has achieved other successes that have benefitting every person in Washington. The most important educational reform since the Basic Education Act, the first major civil service reform in thirty years, the Washington Performance Partnership, the most sweeping ethics reform in the history of this state, tougher criminal laws that have helped to reduce crime in Washington each of the past two years. And a good start on welfare reform and regulatory reform.
Now most of these measures were achieved as they should have been with bi-partisan support and during his Speakership Brian has set a tone of bi-partisan cooperation. He appointed a juvenile justice task force with equal numbers of Democrats and Republicans to make what were the best recommendations seen last session on juvenile justice. And on the last day of the 94th Session he spoke out strongly for open conference committees in 1995, expecting to preside over those conference committees.
Now I'm not saying that Brian did all of this alone, but I am saying that his dedication and energy as Speaker have played a very significant role in these things occurring. In fact, he's been a force in a remarkable number of personal legislative achievements in his twelve years in service. In 1995 as Chair of the Education Committee, Brian was the prime sponsor of the Bill originating levy equalization that gives the children in property poor tax districts a chance for a better education by borrowing that money from those property rich districts.
In 1989 he put together and shared the bipartisan taskforce between the House and Senate again with equal numbers of Republicans and Democrats and wrote the omnibus drug bill and he has worked tirelessly on the drug prevention efforts since that time. In 1989 he worked hard to create the branch campus programs for Washington State and the University of Washington. And in 1990 against all odds he worked with Republicans in the Senate and finally immersed the vocational technical schools with the community colleges. And that was an uphill battle that dates back twenty years.
In 1993 working with Representatives Sheldon and Conway and others he designed and pushed through the Workforce Training Act which has allowed thousands of unemployed workers to receive the retraining they need to get off of unemployment and back on the job.
Brian has a tremendous grasp of this political process, he has the ability to work with people from all different political viewpoints, he has the ability to bring us together and he has done so. As Majority Leader for six years and Speaker for two he has given us a great sense of commitment and fairness and a sense of humor and most importantly integrity to his job. Today we will elect a new Speaker who has earned our great respect, but I want to make sure that our out-going Speaker also receives some acknowledgement for those tremendous efforts, respect that his earned as a leader of this institution and for this reason I proudly nominate my friend, longstanding colleague, Brian Ebersole as Speaker of the House.
Representative Ebersole: Thank you madame Chief Clerk, and thank you Marlin for those very kind words, you've been a good friend for twelve years. However I respectfully decline the nomination. I can count, in fact I used to be able to count to 65, and so the House will change hands, I feel better knowing that it will be in good hands of my good friend Clyde Ballard.
It's been a tremendous honor to serve as Speaker for this great institution, I thank you very much for that honor. I will treasure it always. It has been a tremendous privilege and pleasure to work with so many fine people over the years. And I look forward to continuing the friendships as we work together over this session. One word of advice, my friend, Mr. Speaker, tell your mother to grant no interviews.
MOTIONS
On motion of Representative Foreman, nominations for Speaker of the House were closed.
On motion of Representative Foreman, a unanimous ballot was cast for Representative Ballard as Speaker of the House.
COMMITTEE OF HONOR
The Chief Clerk appointed Representatives Van Luven and K. Schmidt to escort Speaker Ballard up the center aisle to the rostrum.
The Chief Clerk instructed the Sergeant at Arms to escort Mrs. Ballard to the rostrum.
Justice Guy administered the oath of office to Speaker Ballard.
The Chief Clerk presented the gavel to the Speaker.
Mr. Speaker: My fellow representatives, friends, family and staff and most important
fellow Washingtonians,
Virtually everyone recognizes that the people of Washington delivered a very strong message on election day this past November. But the people have been sending us a message for quite some time. They want change in the way government operates. They want change in the way government spends THEIR hard-earned tax dollars. They want change in the way government treats them. All too often we get calls from constituents, or are stopped by people on the street who tell us they believe government is their enemy. Sadly when we follow up on these citizen complaints it frequently turns out the person was right government was NOT ON THEIR SIDE.
That is wrong. And it must change. Government is here to SERVE THE PEOPLE. Everyone in government starting with the governor and the Legislature and right on down through every nook and cranny of the bureaucracy MUST MAKE IT THEIR JOB TO SERVE THE BEST INTERESTS OF THE PUBLIC. There are many state employees and elected officials who are doing a great job who really care about people who are doing their best to make government work for the public.
Unfortunately the state officials and workers that citizens remember are the ones who send the message that: government has the power and there is nothing ordinary people can do about it. There have been too many instances in which state agencies and bureaucrats have overstepped their bounds. Too often state agencies have tried to set themselves up as policy makers and the simple fact is that the officials in the agencies are not accountable to the public.
Officials in state agencies are not elected they are not there to set policy THEY ARE THERE TO CARRY OUT THE POLICIES ADOPTED BY THE LEGISLATURE which is elected to represent the people.
Too often state agencies present a hardship to the public rather than providing help.
This kind of attitude should not and will not be tolerated.
This kind of attitude must change.
But it's not just government's attitude that needs change it's government's policies.
The people of Washington have been delivering a clear message that they believe government has grown out of control overstepped its bounds and lost touch with the needs and concerns of the public.
And there are many examples of policies which prove the people are right government IS out of touch the bureaucracy IS out of control.
ON CRIME the people see a justice system that government has allowed to become a joke to the criminals who threaten the personal safety of every Washingtonian.
The criminals who prey upon our families who attack the weak and vulnerable who thumb their noses at the law do so for a very basic reason:
THEY THINK THEY CAN GET AWAY WITH IT.
The public understands that the only effective way to prevent crime and reduce the threat to our safety is to restore respect for the law by letting everyone know that committing a crime will result in serious consequences starting with the first offense.
It is not just the SEVERITY of criminal punishment that we must concern ourselves with but the CERTAINTY of punishment.
The people have delivered their message and WE HAVE BEEN LISTENING.
We will fight for meaningful reforms in our criminal justice system we will work for significant changes in our corrections system beginning with legislation introduced today.
ON HEALTH CARE the people have made it clear they do not want to lose their personal choice in selecting health-care coverage and providers.
The public DOES want reforms to ensure that coverage is available to everyone and people want action to control rising costs and help those who need help in obtaining care.
But people DO NOT believe government should dictate what coverage is available limit personal choice in health-care decisions or impose mandates that threaten to drive up health-care prices and cause the loss of jobs and wages.
Government overstepped its bounds by creating a health-care bureaucracy. The people have delivered their message and WE HAVE BEEN LISTENING.
We will fight for responsible reforms to make health care more available and more affordable to more people while fixing flaws and solving problems caused by the government-run health-care system adopted two years ago.
This effort begins today.
ON TAXES the people have made it clear they believe government has grown too much that money is wasted through inefficiency and poor management that the public is saddled with an excessive tax burden.
The people have delivered their message and WE HAVE BEEN LISTENING.
We will fight to identify and eliminate waste and inefficiency in government.
We will not only keep state spending within the limit established by Initiative 601 we will strive to control spending even further.
We will fight for property tax relief for everyone along with relief for those employers hit hardest by the huge tax increases imposed in 1993.
We will fight for new tax policies to encourage the creation of good new jobs in this state to make Washington communities more competitive in seeking new business to improve the economic security of their citizens.
This effort begins with legislation introduced today.
ON REGULATORY REFORM AND PROPERTY RIGHTS the people see that well-intentioned efforts to protect the public interest have resulted in excessive regulations and laws that give government too much control over our lives which restrict our personal rights.
The people have delivered their message and WE HAVE BEEN LISTENING.
We will work for TRUE regulatory reform to slow the growth of new regulations to get state agencies under control and to make sure that government's role is to help people not place an undue burden on them.
This effort begins with legislation being introduced today.
ON WELFARE REFORM the public is frustrated by a system that fails to help and encourage able-bodied individuals to work their way off of welfare by a system that traps too many people in a cycle of dependency and despair by a system that fails to adequately address the problems of abuse and fraud.
The people have delivered their message and WE HAVE BEEN LISTENING.
We propose meaningful welfare reforms to provide real incentives for people to work to require that able-bodied recipients accept personal responsibility, along with their benefits
to limit the time able-bodied individuals can remain on welfare and to fight welfare abuse and fraud.
This effort begins with legislation being introduced today.
On these issues and others we will move quickly to bring about the change the public is demanding.
And for a moment I want to talk about the legislative process itself including reforms that are needed to restore the public's confidence in government to assure the people that we are responsible and accountable to them.
To begin with we must open up the legislative process.
We must make sure that the public is fully aware of what we are doing and that we provide the public with the opportunity to consider and comment on the legislation before it is enacted.
No longer will we allow last-minute legislation to be jammed through the process with little or no public scrutiny.
On critical issues we fully intend to act promptly.
But we will ALWAYS ensure the time is taken and opportunities provided
to let people know what their elected representatives are doing on their behalf.
Among our efforts to open up the legislative process we insist that all conference committee meetings be open to the public and the media just as are other committee hearings.
Other reforms included in the new legislative rules will make the process more open and accountable and will protect the rights of the minority.
I deeply believe that every time you take away the rights of the minority or limit the public's right to participate in the legislative process you destroy a part of the political system that makes this state and nation great.
I must confess that the world looks a lot different as I stand before you as speaker and with the gavel held firmly in my hand.
Many of you will recall that as leader of the minority over these past several years I argued for many of these reforms.
Now as leader of the House majority I face the reality that these changes may make it more challenging to get some of our legislation adopted and resolving many of our differences must be done in public view.
But when I was in the minority I believed this was the right thing to do
and I believe that today.
I am pleased that my good friend, the minority leader, agrees with these changes.
This is a big step toward reassuring the people that this is THEIR government and in restoring the public's faith in us as their representatives.
Let me also say that we will make every effort to ensure that the legislation we pass actually works the way it is supposed to.
Too often past attempts to force bills through the process resulted in laws that inflicted unintended or at least unexpected consequences upon the people of Washington.
As speaker of the House, I am committed to the principle that our success will be determined by the QUALITY AND VALUE of the legislation we adopt not by the QUANTITY of bills we pass.
Once again the people of Washington have delivered a strong message. We have heard that message. From listening to the people and learning from what they had to say we presented to the public a CONTRACT WITH WASHINGTON STATE.
That contract clearly laid out the changes we intend to seek in government changes based upon the CONCERNS the DESIRES and the HOPES of the people we serve.
Legislation to fulfill our promise of change is being introduced today.
Committee hearings will begin immediately.
And we will move promptly to adopt these measures.
We will make every effort to work together with our friends in the minority party as well as our colleagues across the rotunda to gain bipartisan support for these measures.
We will make every effort to work with the governor to enact measures that will give the people of Washington the change they WANT and DESERVE.
On virtually every issue in the Republican contract support for our proposals has been expressed by many Democrats as well which I hope will bode well for a spirit of cooperation.
Let me close by saying that I want us to set a high standard for how we conduct our business. In considering each piece of legislation, we must hold it to a strict test:
** Is it good for Washington families?
** Will it provide new opportunities for Washington citizens to improve the quality of their lives?
** Does it protect the personal rights and freedoms of the people?
** Will it ensure that individuals who work hard and make an investment will be supported by government rather than finding that government is an obstacle to their success?
What made this country great is the fact that people are allowed not only to dream but to FULFILL their dreams through hard work personal commitment and dedication. We must preserve this basic ideal by putting a stop to excessive government interference in people's lives by adopting basic reforms that improve the way government operates and by removing unnecessary limitations on opportunity for all Washingtonians. This is the only way we can let the people know that we got their message, that we understand what they are saying and that we are prepared to respond.
Thank you.
COMMITTEE OF HONORS
The Speaker appointed Representatives Conway and Sommers to escort Representative Ebersole to the rostrum.
The Speaker appointed Representatives Conway and Sommers to escort Representative Ebersole to his seat on the floor.
ELECTION OF SPEAKER PRO TEMPORE
The Speaker announced that nominations were now in order for Speaker Pro Tempore.
Representative Silver: Thank you Mr. Speaker, and I really appreciate being able to say Mr. Speaker.
I am honored to nominate Representative Jim Horn for position of Speaker Pro Tempore. Let me tell you a little bit about him, he has worked with both parties, he does a good job and he looks and reads and finds out about issues carefully. He has served on the ethics board and he has also served on the Governor's Ethic Commission, so that stands him in good stead that he's very good. He's a former Mayor of Mercer Island and he; for sixteen years he was on the City Council; a long time. He is a past and current member above many other boards of trustees and a community leader in his area.
Jim, when he tries to make money and support his family, he's an engineer and he has thirty-one years of experience and also, because I thought was rather fascinating, he was a manager in the defense and space group at Boeing.
Jim would make an excellent Pro Tempore Speaker, I urge your approval of Jim Horn for Pro Tempore, and I urge your vote.
Representative Sheldon: Thank you Mr. Speaker I rise to second the nomination of Representative Jim Horn for the position of Speaker Pro Tempore.
Mr. Speaker, ladies and gentleman of the House, Justice Guy, distinguished guests and honored family and friends.
It has been a pleasure for me to serve in the legislature along side Representative Horn. Six years ago Jim brought to Olympia his engineers precise mind combined with a varied background in local government that included sixteen years of service on the Mercer Island City Council. Jim also has extensive private sector experience in management with the Boeing company. Jim is a senior member of the Republican caucus and works well with both sides of the isle.
Major legislation: improving air quality, preventing marine oil spills would not be in effect today without Jim's bipartisan work. Jim will combine his formidably political and parliamentary strength to excel in the role of Speaker Pro Tempore, acting as a fair and impartial residing officer Representative Jim Horn will serve Washington's 54th Legislature with distinction.
MOTIONS
On motion of Representative Foreman, the nominations for Speaker Pro Tempore were closed.
On motion of Representative Foreman, a unanimous ballot was cast for Representative Horn as Speaker Pro Tempore of the House.
COMMITTEE OF HONOR
The Speaker appointed Representatives Silver and Sheldon to escort Speaker Pro Tempore Horn to the rostrum.
The Speaker instructed the Sergeant at Arms to escort Mrs. Horn to the rostrum.
Justice Guy administered the oath of office to Speaker Pro Tempore Horn.
REMARKS BY SPEAKER PRO TEMPORE HORN
Representative Horn: Justice Guy, Mr. Speaker, Members of the House of Representatives, distinguished guests, family and friends.
Thank you for the great honor that you have bestowed upon me to serve as the Speaker Pro Tempore of the Washington State House of Representatives in this 54th Legislature. I humbly accept the challenge. Thank you Representative Silver and Representative Sheldon for your kind remarks.
To Speaker Ballard, I stand ready to accept your biding - to preside over this body when asked, to lend assistance whenever and wherever you might seek my help and to conduct the business of the citizens of our state in a fair and equitable manner. I look forward to working with you and learning from you.
To my fellow members, I pledge that I will do my best to live up to your expectations-to be fair to each of you, to allow all sides of an issue to air their views before this august body, and to keep things moving briskly toward the completion of our task in this 105 day session.
I believe that these indeed are historic times. We have a great challenge before us to restore the confidence of our citizens in their elected officials, in us, and in our government. Our actions and our conduct on this floor, in this chamber, will be the framework for accomplishing this very large task. We must encourage the emotions of debate, make certain that the hoped for benefits and feared consequences of each legislative action are heard and considered. Should we go forward or wait, veer right or left, or make a mid-course change in our actions? Only through this deliberative, open and public process can we make the most sound choice, both individually and collectively.
We share a common bond to make this great State an even better place for us, our children, our grandchildren and generations to follow. While we have this bond, we have varying backgrounds, experiences, and visions on how best to achieve this end. The emotions of debate are to be both allowed and encouraged, however, we must remember that the debate is on the issue and not on one another. When the debate is over and the vote is cast, we must remain friends and colleagues as we go forward to meet the next challenge.
This reminds me of a comment of Speaker Emeritus John L. 'O'brien in the closing paragraph of Daniel Jack Chasan's book "Speaker of the House, The Political Career and Times of John L. O'Brien." He notes Speaker Emeritus O'Brien's philosophical view of the workings of the House and the coalitions formed. I quote, "The legislature is like being involved in a contest. You go out on the floor of the House and you do the best you can. The roll call may go for you or the vote may go against you. It's just one of those things. But then, after it's over, you consider other issues. You don't get disturbed because something happened. It might stay with you for a while, but as far as being disappointed - you can't let it remain as a personal matter. Because there's always another roll call, there's always another day." end of quote.
We must all strive to work together to make this session of the 54th State Legislature the best that we can make it, the best that it can be.
Again, my gratitude for bestowing this great honor upon me.
COMMITTEE OF HONOR
The Speaker instructed the committee of honor to escort Speaker Pro Tempore Horn to his seat on the floor of the House.
The Speaker announced that nominations were in order for Chief Clerk of the House of Representatives.
Representative Mielke: Thank you Mr. Speaker, it is with a great honor today that I place the nomination, the name of Mr. Timothy A. Martin for Chief Clerk with the House of Representatives with the State of Washington. The people have challenged us as legislators this year to change the way we do things, and in living up to that challenge and the formidably task to be resoundingly fair, we must be dedicated to moving forward and we must be conscientious in forming public policy. One person that holds all those qualities more than perhaps anyone I know is Tim Martin and I'm very proud to nominate him today.
I've known Tim and his family since 1986 when we were both working for the State Senate. Tim has a tremendous background, he obtained his juris-doctorate from the University of Puget Sound with honors, he's served in private law practice, he's served as a Law Clerk for the State Court of Appeals, he's moved to the caucus attorney position with the Senate Republican Caucus and from there he worked up to the position of Chief Legal Counsel where he's been for the past five years.
The one thing that I've found about Tim is that he's got this incredible sense of how to make things happen, how to be fair and how to be impartial. He's one of those people that he and his family put other peoples goals ahead of theirs. He has spent literally hundreds of hours, weeks and months, if you will, working to make sure that other people are in a position to accomplish their goals. And in doing that in volunteering himself for those responsibilities he's gone from one political spectrum to the other and has represented all political philosophies. Like I say, he's done that with great honor, he's done that with great fairness, and with great openness and it's a very proud moment for me today to nominate Mr. Timothy A. Martin for Chief Clerk of the House of Representatives. And I hope that each and everyone of you will join me in supporting him for this position.
Representative Wolfe: Thank you Mr. Speaker, it is both a great honor and a great privilege for me to stand here today to second the nomination of Tim Martin for the position of Chief Clerk for the Washington State House of Representatives.
I have known Tim Martin by reputation for several years, I've known of his fine legislative work in the Senate since the 1980's and the wealth of legislative experience he brings to this job. But these are not the qualities of Tim Martin that impress me the most, the qualities about Tim Martin that impress me the most are the qualities I have observed in these short three to four weeks that I have personally known him, and these are a very strong sense of integrity, his honesty and his strong commitment to fairness to everyone on both sides of the isle. It is very rare that I've had such a strong reaction to someone that I've known for such a short period of time, but I've indeed had that reaction with Tim Martin. I urge your support for Tim Martin for position of Chief Clerk.
MOTIONS
On motion of Representative Foreman, the nominations for Chief Clerk be closed.
On motion of Representative Foreman, a unanimous ballot was cast for Timothy A. Martin as Chief Clerk of the House.
COMMITTEE OF HONOR
The Speaker appointed Representatives Mielke and Wolfe to escort Timothy A. Martin to the rostrum.
Justice Guy administered the oath of office to Chief Clerk Martin.
Timothy A. Martin: Chief Clerk, Justice Guy, Mr. Speaker, Members of the House, and distinguished guests thank you. This is among the proudest moments of my life, but I'm going to state briefly and to the point because an even bigger event is imminent, my wife, Kim, seated in the wings is expecting the birth of our second child at any moment. And as we have the gift of great timing, the baby is now past due and I'll be to the point just in case my beeper goes off.
I'm blessed to have a wonderful wife, and a beautiful son Max who's sixteen months old and I would like to acknowledge them now for their patience and support. I would also like to thank my parents Jerry and Faye Martin without who's love and sacrifice I would not be standing here today. My thanks also for the professionalism and assistance of Chief Clerk Marilyn Showalter who has served the House with great distinction. Finally, I would like to thank a friend and mentor John Rico, who is seated at the rear of the chambers, who is a model of courage and a true inspiration for all.
My parents instilled in me a sense of service, and as I stand before the elected members of the House, I would like to congratulate each of you on what you have achieved and what you are about to achieve in the name of service to the people of the State of Washington. I share your optimism and your dedication for the
goal of making our State a better place for our children.
And I consider it a great privilege to work under the leadership of Speaker Clyde Ballard. The Speaker has correctly reminded all of us of the paramount importance of protecting the freedom of the individual and of citizen democracy. He has challenged each of us to live up to and exceed the expectations of the people. As your Chief Clerk I offer my full support towards that goal. We will strive to maintain a professionally run, cost effective, open and ethical process that will allow each of you to pursue the goals that brought you here, and allow the citizens of our State the voice that they deserve in the halls of our legislature. Thank you for the faith you have placed in me, it is an honor to serve you, thank you.
The Speaker thanks Justice Guy.
APPOINTMENT OF SPECIAL COMMITTEE
The Speaker appointed Representatives Padden and Dellwo to escort Justice Guy of the Supreme Court from the House Chamber.
REPORT OF SPECIAL COMMITTEE FROM THE SENATE
The Sergeant at Arms announced the arrival of the special committee from the Senate and the Speaker instructed him to escort the special committee to the bar of the House.
The committee consists of Senators Wood, J. Kohl, Heavey and Finkbeiner advised the House that the Senate was organized and ready to conduct business.
The report was received and the special committee was escorted form the House Chamber.
Representative Ebersole: Thank you Mr. Speaker, I rise to express our thanks to our outgoing Chief Clerk, Marilyn Showalter for her dedicated and conscientious service to the House of Representatives. In Marilyn's year as Chief Clerk she has provided prudent, fair and intelligent and all of professional management of House operations. Perhaps because of her experience as counsel to the House of Appropriations Committee she has proved to be a tight fisted fiscal manager in tight fisted times.
Through spending cuts Marilyn was able to implement a budget that has been continually reduced in the last six years and still leaves a 1.4 million dollar surplus as we enter the last six months of the biennium. If you read Marilyn's latest budget report you will be impressed to see that over a short period of time caucus staff has been cut in half, session staff has been cut by more than half, travel has been cut by more than thirty-percent. And equipment purchases have been cut by an astonishing 98% since 1991.
In a time when there's a lot of talk about cost cutting this House under Marilyn's leadership has already done it. In another area perhaps because of her legal background as an honors graduate of Harvard Law School, where she was a classmate of Representative Foreman, as a former prosecutor and a former counsel to Governor Spellman, Marilyn has helped guided to a trouble-free election season.
As you all know there is a maze of rules governing elected officials and their staffs regarding the appropriate use of public facilities during election seasons and at other times. With Marilyn's wise counsel and assistance the House stands in good stead on this very important subject. As Chief Clerk Marilyn has been fair in her dealings with members and staff and she has always kept in mind the best interest of the House of Representatives. Whatever your next venture may be Marilyn, we all wish you will succeed and we know that you will do fine in your new career. Thank you very much for your dedicated service.
Marilyn Showalter: Thank you. In this beautiful House Chamber we just witnessed a visual and physical display of the orderly transition of political power. And even though I'm on the outgoing side of this transition, I am terribly proud to be a part of it. Because this transition is a part of that greatest of American achievements-- representative democracy.
Mr. Speaker, Representative Ebersole, and to you and the returning members, thank you for giving me the chance to be your Chief Clerk. It's been a great honor and it's been an experience I won't soon forget. To the freshmen members I've enjoyed meeting you over the past several weeks and I wish you well. To all of our employees I know how hard you have worked and the sacrifices you have made in tight budget times, I am so grateful to you for your dedication, I will be cheering you on from the sidelines.
To all of you I want you to know how much I've enjoyed working on the transition with Tim Martin this past month, I think he will be a fine Chief Clerk and knowing what he's about to say, I ask that you will cut him some slack, at least for a week or two. I feel a great affection and respect to the House and to all of you. Good Luck and Good-bye. Thank you.
The Speaker appointed Representatives Foreman and Ebersole to escort Marilyn Showalter from the House Chambers.
MOTION
On motion of Representative Padden, the House advanced to the eighth order of business.
RESOLUTION
HOUSE RESOLUTION NO. 95-4601, by Representatives Foreman and Ebersole
BE IT RESOLVED, That the Speaker appoint a committee of four members of the House to notify the Senate that the House of Representatives is now organized and ready to conduct business.
Representative Foreman moved adoption of the resolution.
House Resolution No. 4601 was adopted.
APPOINTMENT OF SPECIAL COMMITTEE
The Speaker appointed Representatives Lisk, McMorris, Morris and Hatfield to notify the Senate that the House was organized and ready to conduct business.
MESSAGE FROM THE SENATE
January 9, 1995
Mr. Speaker:
The Senate has adopted:
SENATE CONCURRENT RESOLUTION NO. 8401,
and the same is herewith transmitted.
Marty Brown, Secretary
MOTION
On motion of Representative Foreman, the House reverted to the fourth order of business.
INTRODUCTION AND FIRST READING
HB 1000 by Representatives Fuhrman, Basich, Schoesler, Buck, Pennington, Elliot, Thompson, D. Schmidt, Sherstad, Benton, Dyer, Johnson, Beeksma, Goldsmith, Backlund, Crouse, Cairnes, Foreman, Van Luven, Mulliken, Boldt, McMorris, Sheldon, Huff, Talcott, McMahan and Stevens
AN ACT Relating to endangered species; and amending RCW 77.08.010, 77.12.020, 77.12.265, 77.16.120, 77.16.340, 77.21.070, 77.32.010, and 90.48.366.
Referred to Committee on Natural Resources.
HB 1001 by Representatives Carlson, Sommers, Brumsickle, Jacobsen, Foreman, Silver, Schoesler, Kessler, Blanton, Morris, Dyer, Lisk, Van Luven, Ballasiotes, Reams, Horn, Sehlin, Chandler, Cooke, L. Thomas, B. Thomas, Scott, Tokuda, Benton, Costa, Delvin, Mason, Thompson, Beeksma, Brown, Backlund, Pennington, Mastin, Mitchell, Cole, Quall, Basich, Smith, Mulliken, Huff, Talcott and Chopp
AN ACT Relating to expenditure requirements of institutions of higher education; and amending RCW 43.88.150.
Referred to Committee on Higher Education.
HB 1002 by Representatives Carlson, Kremen, Costa, Mitchell, Conway, Quall, Ogden, Kessler, Chappell, Basich, Grant, Lambert, Patterson, Campbell, Veloria, Sheldon, McMahan, Morris and Cody
AN ACT Relating to the senior citizen and disabled person property tax exemption; amending RCW 84.36.381, 84.36.381, and 84.55.010; creating a new section; providing a contingent effective date; and providing a contingent expiration date.
Referred to Committee on Finance.
HB 1003 by Representatives Carlson, Scott, Kremen, Tokuda, Costa, Mason, Mastin, Mitchell, Conway, Chappell, Basich, Veloria, Morris and Cody
AN ACT Relating to sales and use tax exemptions for senior citizens and disabled persons; adding a new section to chapter 82.08 RCW; adding a new section to chapter 82.12 RCW; providing an effective date; and declaring an emergency.
Referred to Committee on Finance.
HB 1004 by Representatives Carlson, Sherstad, Benton, Dyer, Thompson, Goldsmith, Radcliff, Pennington, Mitchell, Basich, Blanton, Mulliken, Boldt, Fuhrman, Huff, Talcott and McMahan
AN ACT Relating to higher education services contracts; adding a new section to chapter 41.06 RCW; and repealing RCW 41.06.382.
Referred to Committee on Higher Education.
HB 1005 by Representatives Carlson, Reams and Campbell
AN ACT Relating to political party declaration in a presidential preference primary; and amending RCW 29.18.200, 29.19.030, 29.19.040, 29.19.050, and 29.19.060.
Referred to Committee on Government Operations.
HB 1006 by Representatives Carlson and Brumsickle
AN ACT Relating to the definition of a school bus driver; and amending RCW 28A.160.210.
Referred to Committee on Education.
HB 1007 by Representatives Carlson, Reams, Scott, Costa, Mastin and Sheldon
AN ACT Relating to nonpartisan sheriffs; amending RCW 29.18.010, 29.21.010, 29.21.015, 29.21.070, 29.30.025, and 36.28.010; adding a new section to chapter 36.28 RCW; providing an effective date; and declaring an emergency.
Referred to Committee on Government Operations.
HB 1008 by Representatives Carlson, Ogden and Boldt
AN ACT Relating to wine and beer educator's licenses; and adding a new section to chapter 66.24 RCW.
Referred to Committee on Commerce & Labor.
HB 1009 by Representatives Chandler, Skinner, Kremen, Delvin, Schoesler, Mastin, Chappell, Grant, Foreman, D. Schmidt, Boldt, Clements and Stevens
AN ACT Relating to the commission on pesticide registration; amending RCW 15.92.010 and 15.92.060; adding new sections to chapter 15.92 RCW; and making an appropriation.
Referred to Committee on Agriculture and Ecology.
HB 1010 by Representatives Reams, Horn, Lisk, Cairnes, Dyer, Van Luven, Ballasiotes, Buck, Casada, D. Schmidt, B. Thomas, Chandler, L. Thomas, Brumsickle, Sehlin, Sherstad, Carlson, Benton, Skinner, Kremen, Hargrove, Cooke, Delvin, Schoesler, Johnson, Thompson, Beeksma, Goldsmith, Radcliff, Hickel, Backlund, Crouse, Elliot, Pennington, Mastin, Carrell, Mitchell, K. Schmidt, Chappell, Basich, Grant, Smith, Robertson, Foreman, Honeyford, Pelesky, Blanton, Koster, Lambert, Mulliken, Boldt, McMorris, Clements, Fuhrman, Campbell, Sheldon, Huff, Mielke, Talcott, Silver, McMahan, Stevens, Morris and Hymes
AN ACT Relating to regulatory reform; amending RCW 43.70.040, 82.01.060, 46.01.110, 50.12.010, 76.09.040, 77.04.090, 48.02.060, 34.05.570, 34.05.310, 34.05.370, 34.05.380, 34.05.330, 19.85.030, 34.05.010, 34.05.320, 34.05.350, 34.05.610, 34.05.620, 34.05.630, 34.05.640, 34.05.650, 34.05.660, 42.40.010, 42.40.020, 42.40.030, 43.31.086, and 43.180.110; adding new sections to chapter 43.21A RCW; adding new sections to chapter 43.22 RCW; adding new sections to chapter 43.24 RCW; adding a new section to chapter 50.12 RCW; adding new sections to chapter 34.05 RCW; adding a new section to chapter 19.85 RCW; adding a new section to chapter 43.70 RCW; adding a new section to chapter 43.300 RCW; adding a new section to chapter 48.02 RCW; adding a new section to chapter 50.08 RCW; adding a new section to chapter 82.01 RCW; adding new sections to chapter 4.84 RCW; adding a new section to chapter 43.88 RCW; adding a new chapter to Title 44 RCW; creating a new section; recodifying RCW 34.05.610, 34.05.620, 34.05.630, 34.05.640, 34.05.650, and 34.05.660; repealing RCW 43.21A.080, 50.12.040, and 19.85.060; prescribing penalties; and providing for submission of this act to a vote of the people.
Referred to Committee on Government Operations.
HB 1011 by Representatives Quall, Carlson and Basich
AN ACT Relating to waiver of driver's license examinations; and amending RCW 46.20.120.
Referred to Committee on Education.
HB 1012 by Representative L. Thomas
AN ACT Relating to loans made by pawnbrokers; and amending RCW 19.60.010, 19.60.060, and 19.60.061.
Referred to Committee on Financial Institutions & Insurance.
HB 1013 by Representatives Romero, R. Fisher, Costa, Quall, Ogden, Basich, Patterson and Chopp
AN ACT Relating to adopt-a-highway programs; and amending RCW 47.40.100.
Referred to Committee on Transportation.
HB 1014 by Representatives Padden, Dellwo, Costa, Appelwick and Silver; by request of Statute Law Committee
AN ACT Relating to obsolete references; amending RCW 4.24.400, 9.40.100, 18.20.130, 18.46.110, 18.51.140, 18.51.145, 18.85.310, 19.27.070, 19.27.097, 19.27.150, 19.27A.110, 24.46.010, 27.34.020, 27.34.210, 27.34.310, 27.53.030, 27.53.130, 27.53.140, 27.60.040, 28A.160.090, 28A.300.160, 28A.305.130, 28A.335.310, 28A.610.030, 28B.20.283, 28B.20.289, 28B.20.293, 28B.65.060, 28C.04.440, 28C.04.460, 35.02.260, 35.13.171, 35.21.300, 35.21.687, 35.21.755, 35.21.779, 36.01.120, 36.27.100, 36.70A.040, 36.70A.385, 36.93.080, 36.110.030, 38.52.005, 38.52.090, 38.54.010, 38.54.020, 38.54.030, 38.54.050, 39.19.040, 39.44.210, 39.44.230, 39.84.090, 39.86.110, 40.10.020, 41.06.072, 43.06.115, 43.08.260, 43.19.1920, 43.19.19201, 43.20A.037, 43.21A.510, 43.21A.515, 43.21A.612, 43.22.495, 43.23.035, 43.31.093, 43.31.960, 43.43.710, 43.63A.465, 43.70.330, 43.70.540, 43.79.201, 43.83.184, 43.132.020, 43.132.030, 43.133.030, 43.133.050, 43.143.040, 43.150.040, 43.155.020, 43.160.030, 43.160.115, 43.160.180, 43.163.020, 43.163.060, 43.165.010, 43.168.031, 43.170.020, 43.170.030, 43.170.070, 43.172.011, 43.172.020, 43.180.040, 43.180.200, 43.185.015, 43.185.020, 43.185A.010, 43.185A.020, 43.185B.010, 43.190.030, 43.210.030, 43.210.050, 43.210.060, 43.210.070, 43.210.100, 43.210.120, 43.220.070, 43.280.020, 43.280.060, 43.280.070, 43.310.020, 46.12.295, 46.16.340, 46.37.467, 47.06.110, 47.12.064, 47.39.040, 47.39.090, 47.50.090, 47.76.230, 48.05.320, 48.48.030, 48.48.040, 48.48.050, 48.48.060, 48.48.065, 48.48.070, 48.48.080, 48.48.090, 48.48.110, 48.48.140, 48.48.150, 48.50.020, 48.50.040, 48.53.020, 48.53.060, 50.38.030, 53.36.030, 54.16.285, 54.52.010, 54.52.020, 56.40.010, 56.40.020, 57.46.010, 57.46.020, 59.18.440, 59.21.010, 59.21.050, 59.22.010, 59.22.020, 59.22.070, 59.24.020, 59.24.050, 59.24.060, 59.28.040, 59.28.050, 59.28.060, 59.28.110, 66.08.190, 66.08.195, 67.16.100, 67.38.070, 68.60.030, 70.41.080, 70.75.020, 70.75.030, 70.75.040, 70.77.170, 70.77.250, 70.77.305, 70.77.315, 70.77.330, 70.77.360, 70.77.365, 70.77.375, 70.77.415, 70.77.430, 70.77.455, 70.77.460, 70.77.465, 70.77.575, 70.77.580, 70.94.537, 70.95.260, 70.95.265, 70.95.810, 70.95H.007, 70.95H.020, 70.95H.050, 70.108.040, 70.128.180, 70.136.030, 70.160.060, 70.164.020, 70.190.010, 71.12.485, 72.09.055, 72.65.210, 74.13.090, 74.15.050, 74.15.080, 76.09.030, 77.12.710, 79.08.1078, 79.90.565, 81.80.450, 82.14.335, 82.23B.020, 82.61.070, 88.12.275, 88.46.100, and 90.56.280; reenacting and amending RCW 28B.30.537, 28B.65.040, 28B.65.050, 38.52.010, 42.17.2401, and 80.28.010; decodifying RCW 41.06.089; and providing a contingent expiration date.
Referred to Committee on Law and Justice.
HB 1015 by Representatives Padden, Dellwo, Costa, Appelwick and Silver; by request of Statute Law Committee
AN ACT Relating to correcting double amendments from the 1994 legislative sessions; reenacting RCW 13.40.020, 30.04.215, 30.08.020, 30.08.040, 30.08.095, 30.08.190, 32.32.025, 35.23.051, 35.23.101, 35.23.850, 35A.06.020, 36.21.011, 41.32.500, 84.40.080, and 84.48.050; and repealing RCW 35.23.310.
Referred to Committee on Law and Justice.
HB 1016 by Representatives K. Schmidt and Kremen
AN ACT Relating to state and county ferries; and reenacting and amending RCW 82.08.0255 and 82.12.0256.
Referred to Committee on Transportation.
HB 1017 by Representatives D. Schmidt, Horn, Robertson, Padden, Lisk, Scott, Dyer, Thompson, Goldsmith, K. Schmidt, Sehlin, Campbell, Sheldon and Talcott
AN ACT Relating to emergency management; amending RCW 38.52.005, 38.52.090, 38.52.420, 46.16.340, and 88.46.100; reenacting and amending RCW 38.52.010; adding a new section to chapter 38.52 RCW; creating new sections; providing an effective date; and declaring an emergency.
Referred to Committee on Government Operations.
HB 1018 by Representatives Padden and Appelwick
AN ACT Relating to the withdrawal from and the term of a limited partnership; and amending RCW 25.10.330 and 25.10.440.
Referred to Committee on Law and Justice.
HB 1019 by Representative Padden
AN ACT Relating to the transfer of a community property interest in an individual retirement account at death; and amending RCW 6.15.020.
Referred to Committee on Law and Justice.
HB 1020 by Representatives Padden, Delvin, Hickel, Robertson, Smith, Carrell, Sherstad, Benton, Dyer, Skinner, Kremen, Hargrove, Horn, Schoesler, Buck, Johnson, Thompson, Beeksma, Goldsmith, Radcliff, Backlund, Crouse, Cairnes, Elliot, Reams, Pennington, Mitchell, K. Schmidt, Conway, Kessler, Chappell, G. Fisher, Basich, Grant, Foreman, Sehlin, Van Luven, Pelesky, Blanton, Hankins, Koster, Lambert, D. Schmidt, Mulliken, Boldt, McMorris, Clements, Campbell, Sheldon, L. Thomas, Huff, Mielke, Talcott, McMahan, Stevens, Ebersole, Hymes and Casada
AN ACT Relating to increasing penalties for armed crimes; amending RCW 9.94A.310, 9.94A.150, 9A.36.045, 9A.52.020, 9A.56.300, 9A.56.030, 9A.56.040, 9A.56.150, 9A.56.160, 9.41.040, and 10.95.020; reenacting and amending RCW 9.94A.320; adding new sections to chapter 9.94A RCW; adding a new section to chapter 9A.56 RCW; creating new sections; and prescribing penalties.
Referred to Committee on Corrections.
HB 1021 by Representatives Delvin, Hickel, Robertson, Smith, Padden, Sherstad, Dyer, Skinner, Kremen, Hargrove, Horn, Schoesler, Buck, Johnson, Thompson, Beeksma, Goldsmith, Radcliff, Chandler, Backlund, Crouse, Cairnes, Elliot, Reams, Pennington, Mastin, Carrell, K. Schmidt, Chappell, Basich, Grant, Sehlin, Honeyford, Van Luven, Ballasiotes, Pelesky, Blanton, Hankins, Lambert, D. Schmidt, Mulliken, McMorris, Clements, Campbell, L. Thomas, Huff, Mielke, Talcott, McMahan, Stevens and Casada
AN ACT Relating to juveniles; and amending RCW 13.04.030.
Referred to Committee on Corrections.
HB 1022 by Representatives B. Thomas, Dyer, Cooke, Carlson, Casada, Chandler, Brumsickle, Foreman, Silver, Sherstad, Dellwo, Benton, Skinner, Kremen, Hargrove, Horn, Schoesler, Buck, Johnson, Thompson, Beeksma, Goldsmith, Radcliff, Hickel, Backlund, Crouse, Cairnes, Elliot, Reams, Pennington, Mastin, Carrell, Mitchell, K. Schmidt, Quall, Chappell, G. Fisher, Basich, Grant, Smith, Robertson, Sehlin, Honeyford, Van Luven, Pelesky, Koster, Lambert, D. Schmidt, Mulliken, Boldt, McMorris, Clements, Campbell, L. Thomas, Huff, Mielke, Talcott, McMahan, Stevens and Hymes
AN ACT Relating to reducing property taxes; amending RCW 84.36.381; amending 1994 sp.s. c 8 s 3 (uncodified); adding a new section to chapter 84.55 RCW; creating new sections; making an appropriation; providing an effective date; and declaring an emergency.
Referred to Committee on Finance.
HB 1023 by Representatives B. Thomas, Foreman, Chandler, Lisk, Cooke, Carlson, Brumsickle, Silver, Ballasiotes, Dyer, Sherstad, Dellwo, Benton, Skinner, Kremen, Hargrove, Tokuda, Costa, Horn, Delvin, Schoesler, Buck, Johnson, Thompson, Beeksma, Goldsmith, Radcliff, Hickel, Backlund, Crouse, Cairnes, Elliot, Reams, Pennington, Mastin, Carrell, Mitchell, K. Schmidt, Quall, Chappell, G. Fisher, Grant, Smith, Robertson, Sehlin, Honeyford, Van Luven, Pelesky, Blanton, Koster, Lambert, D. Schmidt, Mulliken, Boldt, McMorris, Clements, Fuhrman, Campbell, L. Thomas, Huff, Mielke, Talcott, McMahan, Stevens, Morris, Hymes and Casada
AN ACT Relating to reducing business and occupation tax rates; amending RCW 82.04.255 and 82.04.290; providing an effective date; and declaring an emergency.
Referred to Committee on Finance.
HB 1024 by Representatives Van Luven, Foreman, B. Thomas, Lisk, Horn, Chandler, Casada, Dyer, Ballasiotes, Silver, Cooke, Brumsickle, Carlson, Sehlin, Sherstad, Dellwo, Benton, Skinner, Kremen, Hargrove, Costa, Delvin, Schoesler, Buck, Johnson, Thompson, Beeksma, Goldsmith, Radcliff, Hickel, Backlund, Crouse, Cairnes, Elliot, Reams, Pennington, Mastin, Mitchell, Conway, Quall, Ogden, Chappell, Regala, G. Fisher, Basich, Grant, Campbell, Smith, Robertson, Honeyford, Pelesky, Hankins, Koster, Lambert, D. Schmidt, Mulliken, Boldt, McMorris, Clements, Fuhrman, Sheldon, L. Thomas, Huff, Mielke, Talcott, McMahan, Stevens, Morris and Hymes
AN ACT Relating to tax exemptions for manufacturing and processing; amending RCW 82.04.190, 82.60.070, 82.61.010, and 82.63.010; reenacting and amending RCW 82.60.020; adding new sections to chapter 82.08 RCW; adding new sections to chapter 82.12 RCW; adding a new section to chapter 82.63 RCW; creating new sections; repealing RCW 82.61.020, 82.61.030, 82.61.040, 82.63.040, and 82.63.050; providing an effective date; and declaring an emergency.
Referred to Committee on Trade and Economic Development.
HB 1025 by Representatives Cooke, Talcott, Cairnes, Carlson, Dyer, Brumsickle, B. Thomas, Lisk, Silver, Sehlin, Ballasiotes, Foreman, Chandler, Horn, Sherstad, Benton, Skinner, Delvin, Schoesler, Buck, Johnson, Thompson, Beeksma, Goldsmith, Radcliff, Hickel, Backlund, Crouse, Elliot, Reams, Pennington, Carrell, Mitchell, Chappell, Smith, Robertson, Honeyford, Van Luven, Pelesky, Blanton, Koster, Lambert, D. Schmidt, Mulliken, Boldt, McMorris, Clements, Fuhrman, Campbell, Sheldon, L. Thomas, Huff, Mielke, McMahan, Stevens and Hymes
AN ACT Relating to developing personal responsibility for recipients of aid to families with dependent children through the use of contracts; reenacting and amending RCW 74.04.005; adding new sections to chapter 74.12 RCW; creating new sections; and repealing RCW 74.12.420.
Referred to Committee on Children & Family Services.
HB 1026 by Representatives Reams, Padden, Sherstad, Benton, Dyer, Skinner, Hargrove, Horn, Delvin, Schoesler, Buck, Johnson, Thompson, Beeksma, Goldsmith, Radcliff, Hickel, Backlund, Crouse, Cairnes, Elliot, Mastin, K. Schmidt, Chappell, Grant, Robertson, Van Luven, D. Schmidt, Mulliken, Boldt, McMorris, Clements, Fuhrman, Campbell, L. Thomas, Huff, Talcott, Morris, Hymes and Casada
AN ACT Relating to regulation of private property; adding a new chapter to Title 64 RCW.
Referred to Committee on Government Operations.
HB 1027 by Representatives Brumsickle, Carlson, Cooke, Ballasiotes, B. Thomas, Chandler, Lisk, Horn, Foreman, Dyer, Sehlin, Silver, Sherstad, Benton, Schoesler, Buck, Johnson, Thompson, Radcliff, Hickel, Backlund, Cairnes, Elliot, Pennington, Mastin, Carrell, Mitchell, K. Schmidt, Chappell, Smith, Honeyford, Blanton, D. Schmidt, Mulliken, McMorris, Clements, Fuhrman, Sheldon, Huff, Mielke, Talcott and McMahan
AN ACT Relating to redirecting resources to the classroom; creating new sections; providing an effective date; and declaring an emergency.
Referred to Committee on Education.
HB 1028 by Representatives Dyer, Carlson, Benton, Kremen, Cooke, Horn, Schoesler, Thompson, Beeksma, B. Thomas, Goldsmith, Radcliff, Hickel, Chandler, Mastin, Mitchell, Grant, Robertson, Foreman, Sehlin, Blanton, Koster, Clements, Sheldon, Huff, Mielke, Talcott and Lisk
AN ACT Relating to extending the implementation phase of the health services act of 1993; amending RCW 18.130.330, 41.05.011, 41.05.021, 41.05.065, 41.05.200, 70.47.020, 70.47.060, 43.72.040, 43.72.070, 43.72.090, 43.72.220, 43.72.230, and 43.72.240; providing an expiration date; and declaring an emergency.
Referred to Committee on Health Care.
HB 1029 by Representatives Dyer, Carlson, Benton, Cooke, Horn, Schoesler, Johnson, Thompson, B. Thomas, Radcliff, Hickel, Chandler, Mastin, Mitchell, Grant, Foreman, Sehlin, Sheldon, Huff, Mielke, Talcott and Hymes
AN ACT Relating to adoption of the uniform benefits package; amending RCW 41.05.022, 41.05.200, 43.72.010, 43.72.040, 43.72.130, 48.01.210, and 70.47.060; repealing RCW 43.72.180; providing an effective date; providing an expiration date; and declaring an emergency.
Referred to Committee on Health Care.
HB 1030 by Representatives Lisk, Carlson, Dyer, Skinner, Cooke, Schoesler, Thompson, Goldsmith, Chandler, Basich, Foreman, Honeyford, Hankins, D. Schmidt, Mulliken, McMorris, Clements, Fuhrman, Sheldon, L. Thomas, Huff, Silver, Buck and McMahan
AN ACT Relating to the employment of minors; amending RCW 49.12.121; and repealing RCW 49.12.123.
Referred to Committee on Commerce & Labor.
HB 1031 by Representatives Dyer and B. Thomas
AN ACT Relating to taxation of dental appliances, devices, restorations, and substitutes; amending RCW 82.04.120, 82.08.0283, and 82.12.0277; providing an effective date; and declaring an emergency.
Referred to Committee on Finance.
HB 1032 by Representative Padden
AN ACT Relating to administrative procedure; amending RCW 34.05.461, 34.05.467, 34.05.470, 34.05.510, 34.05.514, 34.05.518, 34.05.530, 34.05.542, 34.05.546, 34.05.550, 34.05.554, 34.05.562, 34.05.566, 34.05.570, 34.05.574, and 34.12.040; creating a new section; providing an effective date; and declaring an emergency.
Referred to Committee on Law and Justice.
HB 1033 by Representatives B. Thomas, Horn, Cooke, Dyer, Brumsickle, Carlson, Sehlin, Chandler, Lisk, Ballasiotes, Kremen, Costa, Mitchell, Mulliken, Silver and Morris
AN ACT Relating to exempting impact fees from property taxation; adding a new section to chapter 84.36 RCW; creating new sections; providing an effective date; and declaring an emergency.
Referred to Committee on Finance.
HB 1034 by Representatives Lisk, Chandler, B. Thomas, Horn, Casada, Cooke, Dyer, Brumsickle, Carlson, Sehlin, Foreman, Silver, Thompson, Hickel, Backlund, Crouse, Mitchell, K. Schmidt, Honeyford, Blanton, Mulliken, McMorris, Sheldon and Mielke
AN ACT Relating to determining unemployment insurance compensation rates; reenacting and amending RCW 50.29.025 and 50.29.025; providing an effective date; providing an expiration date; and declaring an emergency.
Referred to Committee on Commerce & Labor.
HB 1035 by Representatives Thibaudeau, Morris, Scott, Tokuda, Costa, Mason, Brown, Ogden, Basich, Wolfe, Patterson and Chopp
AN ACT Relating to death investigations in residential facilities operated or under control of the department of social and health services; and adding a new section to chapter 43.20A RCW.
Referred to Committee on Children & Family Services.
HB 1036 by Representatives Backlund, Brumsickle, Sherstad, Carlson, Dyer, Kremen, Horn, Schoesler, Buck, Johnson, Thompson, Radcliff, Hickel, Elliot, Pennington, Carrell, Robertson, Foreman, Van Luven, Koster, D. Schmidt, Mulliken, Fuhrman, Campbell, L. Thomas, Huff, Mielke, Talcott, Silver, McMahan and Casada
AN ACT Relating to a performance audit of the office of the superintendent of public instruction; creating a new section; making an appropriation; and declaring an emergency.
Referred to Committee on Education.
HB 1037 by Representatives B. Thomas, Mastin, Scott, Tokuda, Costa, Basich, Patterson, McMahan, Cody and Chopp
AN ACT Relating to funding community use of public schools; adding a new section to chapter 84.52 RCW; adding a new section to chapter 28A.500 RCW; and creating a new section.
Referred to Committee on Education.
HB 1038 by Representatives Huff, Buck, Foreman and Fuhrman
AN ACT Relating to excluding utility line clearing from the definition of retail sale; amending RCW 82.04.050; providing an effective date; and declaring an emergency.
Referred to Committee on Energy & Utilities.
HB 1039 by Representatives B. Thomas, Reams, Dyer, R. Fisher, Sommers, Costa, Mitchell, Basich and Wolfe
AN ACT Relating to altering the Washington citizens' commission on salaries for elected officials by increasing the number of commission members selected by lot from registered voters, providing attendance requirements, and clarifying procedures; amending RCW 43.03.305 and 43.03.310; and declaring an emergency.
Referred to Committee on Government Operations.
HB 1040 by Representatives B. Thomas, Sehlin, Dyer, Chandler, L. Thomas, Valle, Cooke, Brumsickle, Ballasiotes, K. Schmidt, Mitchell, Ogden, Regala and Mulliken
AN ACT Relating to the creation of a trust fund to finance the maintenance and efficient operation of state facilities; reenacting and amending RCW 43.79A.040; adding a new section to chapter 43.79 RCW; creating a new section; providing an effective date; and declaring an emergency.
Referred to Committee on Capital Budget.
HB 1041 by Representatives Quall, Schoesler, Robertson and Sheldon
AN ACT Relating to manufactured housing dealers; and amending RCW 46.70.023.
Referred to Committee on Commerce & Labor.
HB 1042 by Representative B. Thomas
AN ACT Relating to apportionment of taxable income; amending RCW 82.04.460; providing an effective date; and declaring an emergency.
Referred to Committee on Finance.
HB 1043 by Representatives Sommers, Carlson, Jacobsen, Mason and Chopp
AN ACT Relating to higher education tuition fees; amending RCW 28B.15.012, 28B.15.066, 28B.15.067, and 28B.15.076; adding new sections to chapter 28B.15 RCW; creating a new section; repealing RCW 28B.15.202, 28B.15.402, and 28B.15.502; providing an effective date; and declaring an emergency.
Referred to Committee on Higher Education.
HB 1044 by Representatives Hickel, Delvin, Smith, Crouse, Padden, Dyer, Costa, Schoesler, Johnson, Thompson, Beeksma, Radcliff, Cairnes, Mastin, Carrell, Chappell, Foreman, Fuhrman, Campbell, Morris and Casada
AN ACT Relating to attorneys' fees, costs, and expenses awarded against state and other units of government; adding a new section to chapter 4.84 RCW; and creating new sections.
Referred to Committee on Law and Justice.
HB 1045 by Representatives Hickel, Delvin, Robertson, Smith, Crouse, Padden, Sherstad, Benton, Dyer, Kremen, Costa, Schoesler, Johnson, Thompson, Beeksma, Radcliff, Mastin, Carrell, Mitchell, Chappell, Foreman, Van Luven, Koster, McMorris, Fuhrman, Campbell, Mielke, Silver, McMahan, Morris and Casada
AN ACT Relating to attorneys' fees, costs, and expenses awarded against the state; adding a new section to chapter 4.84 RCW; and creating new sections.
Referred to Committee on Law and Justice.
HB 1046 by Representatives Dyer, Carlson, Kremen, Cooke, Horn, Schoesler, Buck, Johnson, Thompson, Beeksma, B. Thomas, Radcliff, Hickel, Chandler, Backlund, Mastin, Mitchell, Foreman, Sehlin, Ballasiotes, Clements, Campbell, Sheldon, L. Thomas, Huff, Mielke, Talcott, McMahan, Stevens and Lisk
AN ACT Relating to health care reform improvement; amending RCW 18.130.330, 28A.400.200, 28A.400.350, 41.05.011, 41.05.021, 41.05.022, 41.05.055, 41.05.065, 41.05.200, 43.72.005, 43.72.010, 43.72.020, 43.72.070, 43.72.080, 43.72.090, 43.72.100, 43.72.130, 43.72.160, 43.72.170, 43.72.300, 43.72.310, 43.72.800, 43.72.810, 43.72.830, 43.72.860, 43.72.910, 47.64.270, 48.43.150, 48.41.110, 48.43.160, 48.43.170, 48.70.040, 48.70.900, 48.85.010, 48.85.020, 48.85.030, 48.85.040, 48.85.050, 70.47.060, 51.14.010, 51.16.060, 51.16.140, and 70.170.100; amending 1993 c 492 s 279 (uncodified); reenacting and amending RCW 41.05.075; adding a new section to chapter 4.24 RCW; adding new sections to chapter 7.70 RCW; adding a new section to chapter 28A.400 RCW; adding new sections to chapter 48.43 RCW; adding a new section to chapter 41.05 RCW; adding a new section to chapter 44.44 RCW; adding a new section to chapter 43.70 RCW; adding a new section to chapter 48.20 RCW; adding a new section to chapter 48.21 RCW; adding a new section to chapter 48.36A RCW; adding a new section to chapter 48.44 RCW; adding a new section to chapter 48.46 RCW; adding a new section to chapter 51.16 RCW; adding a new section to chapter 82.04 RCW; adding a new chapter to Title 48 RCW; creating new sections; recodifying RCW 51.14.010, 43.72.005, 43.72.010, 43.72.070, 43.72.080, 43.72.090, 43.72.100, 43.72.130, 43.72.160, 43.72.170, 43.72.200, 43.72.300, 43.72.310, 43.72.800, 43.72.810, 43.72.830, 43.72.840, 43.72.850, 43.72.860, 43.72.900, 43.72.902, 43.72.904, 43.72.906, and 43.72.910; repealing RCW 41.05.170, 41.05.180, 48.20.390, 48.20.393, 48.20.395, 48.20.397, 48.20.410, 48.20.411, 48.20.412, 48.20.414, 48.20.416, 48.20.520, 48.21.130, 48.21.140, 48.21.141, 48.21.142, 48.21.144, 48.21.146, 48.21.160, 48.21.180, 48.21.190, 48.21.195, 48.21.197, 48.21.220, 48.21.225, 48.21.230, 48.21.235, 48.21.240, 48.21.300, 48.21.310, 48.21.320, 48.44.225, 48.44.240, 48.44.245, 48.44.290, 48.44.300, 48.44.309, 48.44.310, 48.44.320, 48.44.325, 48.44.330, 48.44.335, 48.44.340, 48.44.440, 48.44.450, 48.44.460, 48.46.275, 48.46.280, 48.46.285, 48.46.290, 48.46.350, 48.46.355, 48.46.510, 48.46.520, 48.46.530, 49.64.040, 43.72.030, 43.72.040, 43.72.050, 43.72.060, 43.72.110, 43.72.120, 43.72.140, 43.72.150, 43.72.180, 43.72.190, 43.72.210, 43.72.220, 43.72.230, 43.72.225, 43.72.240, 43.72.820, 43.72.870, 48.43.010, 48.43.020, 48.43.030, 48.43.040, 48.43.050, 48.43.060, 48.43.070, 48.43.080, 48.43.090, 48.43.100, 48.43.110, 48.43.120, 48.43.130, 48.01.210, 48.20.540, 48.21.340, 48.44.480, 48.46.550, 48.42.060, 48.42.070, 48.42.080, 70.170.110, 70.170.120, 70.170.130, and 70.170.140; providing effective dates; providing an expiration date; and providing for submission of this act to a vote of the people.
Referred to Committee on Health Care.
HB 1047 by Representatives Sheahan, Sherstad, Benton, Dyer, Schoesler, Johnson, Thompson, Beeksma, Radcliff, Crouse, Carrell, Robertson, Blanton, Lambert, Fuhrman, L. Thomas, Huff, Mielke, McMahan and Casada
AN ACT Relating to restitution; amending RCW 9.94A.140, 9.94A.142, 9.94A.145, and 4.16.020; and creating a new section.
Referred to Committee on Law and Justice.
HB 1048 by Representatives Sheahan and Appelwick
AN ACT Relating to the uniform unincorporated nonprofit association act; and adding a new chapter to Title 24 RCW.
Referred to Committee on Law and Justice.
HB 1049 by Representatives Padden and Schoesler
AN ACT Relating to criminal conspiracy; and amending RCW 9A.28.040.
Referred to Committee on Law and Justice.
HB 1050 by Representatives Padden, Goldsmith, Delvin, Schoesler and Robertson
AN ACT Relating to the representation of indigent persons in criminal proceedings; amending RCW 13.40.145; and adding new sections to chapter 10.73 RCW.
Referred to Committee on Law and Justice.
HB 1051 by Representatives Padden and Costa
AN ACT Relating to contempt of court; and amending RCW 7.21.020.
Referred to Committee on Law and Justice.
HB 1052 by Representatives Horn and Silver
AN ACT Relating to the review of nonappropriated funds; creating new sections; and declaring an emergency.
Referred to Committee on Appropriations.
HB 1053 by Representatives Horn, Chandler and Sheldon
AN ACT Relating to wood burning devices; and amending RCW 70.94.473 and 70.94.477.
Referred to Committee on Agriculture and Ecology.
HB 1054 by Representatives Padden, Goldsmith, Delvin, Schoesler, Chappell, Robertson, Fuhrman, Campbell and Sheldon
AN ACT Relating to corrections cost reductions by restriction of adult offender privileges; adding new sections to chapter 72.09 RCW; and creating new sections.
Referred to Committee on Corrections.
HB 1055 by Representatives Padden, Fuhrman and Sheldon
AN ACT Relating to exempting docks of less than seven hundred square feet from the definition of substantial development under the shorelines management act; and amending RCW 90.58.030.
Referred to Committee on Agriculture and Ecology.
HJM 4000 by Representatives Reams, Dyer, Talcott, L. Thomas, Schoesler, Brumsickle, Carlson, Casada, Chandler, B. Thomas, Cooke, Van Luven, Sehlin, Horn, Foreman, Cairnes, Buck, D. Schmidt, Scott, Skinner, Johnson, Thompson, Goldsmith, Backlund, Conway, Chappell, Basich, Smith, Honeyford, Hankins, Mulliken, McMorris, Fuhrman, Campbell, Sheldon, Huff, Silver, McMahan and Stevens
Asking Congress to propose a constitutional amendment to prohibit the physical desecration of the flag.
Referred to Committee on Government Operations.
HJM 4001 by Representatives Campbell, B. Thomas, Chappell, Schoesler, Talcott, Dyer, Mastin, Chandler, Casada, Kremen, Sheahan, Backlund, Beeksma, Pennington, Lambert, Smith, Delvin, Robertson, Buck, Elliot, Mulliken, Blanton, Benton, McMahan, Hargrove, Radcliff, Koster, Scott, Cooke, Johnson, Thompson, Goldsmith, Crouse, Brumsickle, G. Fisher, Basich, Grant, Sehlin, Van Luven, Hankins, McMorris, Fuhrman, Sheldon, Huff, Silver and Hymes
Petitioning the federal government to cease and desist mandates that are beyond the scope of its powers.
Referred to Committee on Government Operations.
HJR 4200 by Representatives Padden, Schoesler and Campbell
Ratifying amendment XXVII of the United States Constitution.
Referred to Committee on Government Operations.
HCR 4400 by Representatives Foreman and Ebersole
Establishing legislative cutoff dates.
HCR 4401 by Representatives Foreman and Ebersole
Resolving to meet in joint session.
Notifying the governor that the legislature is prepared to conduct business.
MOTION
On motion of Representative Foreman, the rules were suspended and Senate Concurrent Resolution No. 8401 was advanced to second reading and read the second time in full.
SECOND READING
SENATE CONCURRENT RESOLUTION NO. 8401, by Senator Gaspard
Notifying the governor that the legislature is prepared to conduct business.
MOTION
On motion of Representative Foreman, the rules were suspended, the second reading considered the third, and the resolution was placed on final adoption.
Senate Concurrent Resolution No. 8401 was adopted.
APPOINTMENT OF SPECIAL COMMITTEE
Under the terms of Senate Concurrent Resolution No. 8401 the Speaker appointed Representatives Reams and Chappell to notify the Governor that the Legislature was organized and ready to conduct business.
The Speaker introduced the 1994-95 Lakefair Queen, Miss Stephanie Henderson, Lakefair President, Conrad Mitch and wife. Stephanie briefly addressed the House of Representatives.
MOTION
On motion of Representative Foreman, the rules were suspended and House Concurrent Resolution No. 4400 was advanced to second reading and read the second time in full.
SECOND READING
HOUSE CONCURRENT RESOLUTION NO. 4400, by Representatives Foreman and Ebersole
Establishing legislative cutoff dates.
MOTION
On motion of Representative Foreman, the rules were suspended, the second reading considered the third, and the resolution was placed on final adoption.
Representatives Foreman and Appelwick spoke in favor of adoption of the resolution.
House Concurrent Resolution No. 4400 was adopted.
With the consent of the House, House Concurrent Resolution No. 4400 was immediately transmitted to the Senate.
MOTION
On motion of Representative Foreman the rules were suspended and House Concurrent Resolution No. 4401 was advanced to second reading and read the second time in full.
SECOND READING
HOUSE CONCURRENT RESOLUTION NO. 4401, by Representatives Foreman and Ebersole
Resolving to meet in joint session.
MOTION
On motion of Representative Foreman, the rules were suspended, the second reading considered the third, and the resolution was placed on final adoption.
House Concurrent Resolution No. 4401 was adopted.
With the consent of the House, House Concurrent Resolution No. 4401 was immediately transmitted to the Senate.
REPORT OF SPECIAL COMMITTEE
The special committee appointed under the terms of House Resolution No. 4601 appeared at the bar of the House and reported that they had notified the Senate that the House was organized and ready to conduct business.
The report was received and the committee was discharged.
MESSAGE FROM THE SECRETARY OF THE STATE
The Honorable
Speaker of the House of Representatives
Legislature of the State of Washington
Olympia, Washington 98504
Mr. Speaker:
We herewith respectfully transmit for your consideration a copy of Initiative to the Legislature Number 159, originally filed with this office on April 8, 1994. On December 30, 1994, the sponsor of the proposed initiative filed 20,747 petition sheets in support of the measure. We have completed our preliminary canvass of these petition sheets and have determined that they contain 235,993 signatures.
Accordingly, pursuant to the provisions of Article 2, section 1 of the State Constitution, we are provisionally certifying Initiative to the Legislature Number 159 to you at this time. We expect to complete verification of signatures no later than February 13, 1995 and we will provide the Legislature with a final certification as soon as possible thereafter.
IN WITNESS WHEREOF, I have set my hand and affixed the Seal of the State of Washington, this 9th day of January, 1995.
(Seal)
Ralph Munro, Secretary of State
INITIATIVE 159
I, Ralph Munro, Secretary of State of the State of Washington and custodian of its seal, hereby certify that, according to the records on file in my office, the attached copy of Initiative Measure No. 159 to the Legislature is a true and correct copy as it was received by this office.
" AN ACT Relating to increasing penalties for armed crimes; amending RCW 9.94A.310, 9.94A.150, 9A.36.045, 9A.52.020, 9A.56.---, 9A.56.030, 9A.56.040, 9A.56.150, 9A.56.160, 9.41.040, and 10.95.020; reenacting and amending RCW 9.94A.320; adding new sections to chapter 9.94A RCW; adding a new section to chapter 9A.56 RCW; creating new sections; repealing 1994 1st sp.s. c 7 s 510; repealing 1994 1st sp.s. c 7 s 511; repealing 1994 1st sp.s. c 7 s 512; and prescribing penalties."
BE IT ENACTED BY THE PEOPLE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. FINDINGS AND INTENT. (1) The people of the state of Washington find and declare that:
(a) Armed criminals pose an increasing and major threat to public safety and can turn any crime into serious injury or death.
(b) Criminals carry deadly weapons for several key reasons including: Forcing the victim to comply with their demands; injuring or killing anyone who tries to stop the criminal acts; and aiding the criminal in escaping.
(c) Current law does not sufficiently stigmatize the carrying and use of deadly weapons by criminals, and far too often there are no deadly weapon enhancements provided for many felonies, including murder, arson, manslaughter, and child molestation and many other sex offenses including child luring.
(d) Current law also fails to distinguish between gun-carrying criminals and criminals carrying knives or clubs.
(2) By increasing the penalties for carrying and using deadly weapons by criminals and closing loopholes involving armed criminals, the people intend to:
(a) Stigmatize the carrying and use of any deadly weapons for all felonies with proper deadly weapon enhancements.
(b) Reduce the number of armed offenders by making the carrying and use of the deadly weapon not worth the sentence received upon conviction.
(c) Distinguish between the gun predators and criminals carrying other deadly weapons and provide greatly increased penalties for gun predators and for those offenders committing crimes to acquire firearms.
(d) Bring accountability and certainty into the sentencing system by tracking individual judges and holding them accountable for their sentencing practices in relation to the state's sentencing guidelines for serious crimes.
Sec. 2. RCW 9.94A.310 and 1992 c 145 s 9 are each amended to read as follows:
FIREARM AND OTHER DEADLY WEAPON ENHANCEMENTS INCREASED.
(1) TABLE 1
Sentencing Grid
SERIOUSNESS
SCORE OFFENDER SCORE
9 or
0 1 2 3 4 5 6 7 8 more
XV Life Sentence without Parole/Death Penalty
XIV 23y4m 24y4m 25y4m 26y4m 27y4m 28y4m 30y4m 32y10m 36y 40y
240- 250- 261- 271- 281- 291- 312- 338- 370- 411-
320 333 347 361 374 388 416 450 493 548
XIII 12y 13y 14y 15y 16y 17y 19y 21y 25y 29y
123- 134- 144- 154- 165- 175- 195- 216- 257- 298-
164 178 192 205 219 233 260 288 342 397
XII 9y 9y11m 10y9m 11y8m 12y6m 13y5m 15y9m 17y3m 20y3m 23y3m
93- 102- 111- 120- 129- 138- 162- 178- 209- 240-
123 136 147 160 171 184 216 236 277 318
XI 7y6m 8y4m 9y2m 9y11m 10y9m 11y7m 14y2m 15y5m 17y11m 20y5m
78- 86- 95- 102- 111- 120- 146- 159- 185- 210-
102 114 125 136 147 158 194 211 245 280
X 5y 5y6m 6y 6y6m 7y 7y6m 9y6m 10y6m 12y6m 14y6m
51- 57- 62- 67- 72- 77- 98- 108- 129- 149-
68 75 82 89 96 102 130 144 171 198
IX 3y 3y6m 4y 4y6m 5y 5y6m 7y6m 8y6m 10y6m 12y6m
31- 36- 41- 46- 51- 57- 77- 87- 108- 129-
41 48 54 61 68 75 102 116 144 171
VIII 2y 2y6m 3y 3y6m 4y 4y6m 6y6m 7y6m 8y6m 10y6m
21- 26- 31- 36- 41- 46- 67- 77- 87- 108-
27 34 41 48 54 61 89 102 116 144
VII 18m 2y 2y6m 3y 3y6m 4y 5y6m 6y6m 7y6m 8y6m
15- 21- 26- 31- 36- 41- 57- 67- 77- 87-
20 27 34 41 48 54 75 89 102 116
VI 13m 18m 2y 2y6m 3y 3y6m 4y6m 5y6m 6y6m 7y6m
12+- 15- 21- 26- 31- 36- 46- 57- 67- 77-
14 20 27 34 41 48 61 75 89 102
V 9m 13m 15m 18m 2y2m 3y2m 4y 5y 6y 7y
6- 12+- 13- 15- 22- 33- 41- 51- 62- 72-
12 14 17 20 29 43 54 68 82 96
IV 6m 9m 13m 15m 18m 2y2m 3y2m 4y2m 5y2m 6y2m
3- 6- 12+- 13- 15- 22- 33- 43- 53- 63-
9 12 14 17 20 29 43 57 70 84
III 2m 5m 8m 11m 14m 20m 2y2m 3y2m 4y2m 5y
1- 3- 4- 9- 12+- 17- 22- 33- 43- 51-
3 8 12 12 16 22 29 43 57 68
II 4m 6m 8m 13m 16m 20m 2y2m 3y2m 4y2m
0-90 2- 3- 4- 12+- 14- 17- 22- 33- 43-
Days 6 9 12 14 18 22 29 43 57
I 3m 4m 5m 8m 13m 16m 20m 2y2m
0-60 0-90 2- 2- 3- 4- 12+- 14- 17- 22-
Days Days 5 6 8 12 14 18 22 29
NOTE: Numbers in the first horizontal row of each seriousness category represent sentencing midpoints in years(y) and months(m). Numbers in the second and third rows represent presumptive sentencing ranges in months, or in days if so designated. 12+ equals one year and one day.
(2) For persons convicted of the anticipatory offenses of criminal attempt, solicitation, or conspiracy under chapter 9A.28 RCW, the presumptive sentence is determined by locating the sentencing grid sentence range defined by the appropriate offender score and the seriousness level of the completed crime, and multiplying the range by 75 percent.
(3) The following additional times shall be added to the presumptive sentence for felony crimes committed after the effective date of this section if the offender or an accomplice was armed with a firearm as defined in RCW 9.41.010 and the offender is being sentenced for one of the crimes listed in this subsection as eligible for any firearm enhancements based on the classification of the completed felony crime. If the offender or an accomplice was armed with a firearm as defined in RCW 9.41.010 and the offender is being sentenced for an anticipatory offense under chapter 9A.28 RCW to commit one of the crimes listed in this subsection as eligible for any firearm enhancements, the following additional times shall be added to the presumptive sentence determined under subsection (2) of this section based on the felony crime of conviction as classified under RCW 9A.28.020:
(a) Five years for any felony defined under any law as a class A felony or with a maximum sentence of at least twenty years, or both, and not covered under (f) of this subsection.
(b) Three years for any felony defined under any law as a class B felony or with a maximum sentence of ten years, or both, and not covered under (f) of this subsection.
(c) Eighteen months for any felony defined under any law as a class C felony or with a maximum sentence of five years, or both, and not covered under (f) of this subsection.
(d) If the offender is being sentenced for any firearm enhancements under (a), (b), and/or (c) of this subsection and the offender has previously been sentenced for any deadly weapon enhancements after the effective date of this section under (a), (b), and/or (c) of this subsection or subsection (4) (a), (b), and/or (c) of this section, or both, any and all firearm enhancements under this subsection shall be twice the amount of the enhancement listed.
(e) Notwithstanding any other provision of law, any and all firearm enhancements under this section are mandatory, shall be served in total confinement, and shall not run concurrently with any other sentencing provisions.
(f) The firearm enhancements in this section shall apply to all felony crimes except the following: Possession of a machine gun, possessing a stolen firearm, reckless endangerment in the first degree, theft of a firearm, unlawful possession of a firearm in the first and second degree, and use of a machine gun in a felony.
(g) If the presumptive sentence under this section exceeds the statutory maximum for the offense, the statutory maximum sentence shall be the presumptive sentence unless the offender is a persistent offender as defined in RCW 9.94A.030.
(4) The following additional times shall be added to the presumptive sentence for felony crimes committed after the effective date of this section if the offender or an accomplice was armed with a deadly weapon as defined in this chapter other than a firearm as defined in RCW 9.41.010 and the offender is being sentenced for one of the crimes listed in this subsection as eligible for any deadly weapon enhancements based on the classification of the completed felony crime. If the offender or an accomplice was armed with a deadly weapon other than a firearm as defined in RCW 9.41.010 and the offender is being sentenced for an anticipatory offense under chapter 9A.28 RCW to commit one of the crimes listed in this subsection as eligible for any deadly weapon enhancements, the following additional times shall be added to the presumptive ((range)) sentence determined under subsection (2) of this section based on the felony crime of conviction as classified under RCW 9A.28.020:
(a) ((24 months for Rape 1 (RCW 9A.44.040), Robbery 1 (RCW 9A.56.200), or Kidnapping 1 (RCW 9A.40.020))) Two years for any felony defined under any law as a class A felony or with a maximum sentence of at least twenty years, or both, and not covered under (f) of this subsection.
(b) ((18 months for Burglary 1 (RCW 9A.52.020))) One year for any felony defined under any law as a class B felony or with a maximum sentence of ten years, or both, and not covered under (f) of this subsection.
(c) ((12 months for Assault 2 (RCW 9A.36.020 or 9A.36.021), Assault of a Child 2 (RCW 9A.36.130), Escape 1 (RCW 9A.76.110), Kidnapping 2 (RCW 9A.40.030), Burglary 2 of a building other than a dwelling (RCW 9A.52.030), Theft of Livestock 1 or 2 (RCW 9A.56.080), or any drug offense)) Six months for any felony defined under any law as a class C felony or with a maximum sentence of five years, or both, and not covered under (f) of this subsection.
(d) If the offender is being sentenced under (a), (b), and/or (c) of this subsection for any deadly weapon enhancements and the offender has previously been sentenced for any deadly weapon enhancements after the effective date of this section under (a), (b), and/or (c) of this subsection or subsection (3) (a), (b), and/or (c) of this section, or both, any and all deadly weapon enhancements under this subsection shall be twice the amount of the enhancement listed.
(e) Notwithstanding any other provision of law, any and all deadly weapon enhancements under this section are mandatory, shall be served in total confinement, and shall not run concurrently with any other sentencing provisions.
(f) The deadly weapon enhancements in this section shall apply to all felony crimes except the following: Possession of a machine gun, possessing a stolen firearm, reckless endangerment in the first degree, theft of a firearm, unlawful possession of a firearm in the first and second degree, and use of a machine gun in a felony.
(g) If the presumptive sentence under this section exceeds the statutory maximum for the offense, the statutory maximum sentence shall be the presumptive sentence unless the offender is a persistent offender as defined in RCW 9.94A.030.
(((4))) (5) The following additional times shall be added to the presumptive sentence if the offender or an accomplice committed the offense while in a county jail or state correctional facility as that term is defined in this chapter and the offender is being sentenced for one of the crimes listed in this subsection. If the offender or an accomplice committed one of the crimes listed in this subsection while in a county jail or state correctional facility as that term is defined in this chapter, and the offender is being sentenced for an anticipatory offense under chapter 9A.28 RCW to commit one of the crimes listed in this subsection, the following additional times shall be added to the presumptive sentence ((range)) determined under subsection (2) of this section:
(a) Eighteen months for offenses committed under RCW 69.50.401(a)(1)(i) or 69.50.410;
(b) Fifteen months for offenses committed under RCW 69.50.401(a)(1)(ii), (iii), and (iv);
(c) Twelve months for offenses committed under RCW 69.50.401(d).
For the purposes of this subsection, all of the real property of a state correctional facility or county jail shall be deemed to be part of that facility or county jail.
(((5))) (6) An additional twenty-four months shall be added to the presumptive sentence for any ranked offense involving a violation of chapter 69.50 RCW if the offense was also a violation of RCW 69.50.435.
Sec. 3. RCW 9.94A.320 and 1992 c 145 s 4 and 1992 c 75 s 3 are each reenacted and amended to read as follows:
PENALTIES INCREASED FOR OTHER CRIMES INVOLVING FIREARMS.
TABLE 2
CRIMES INCLUDED WITHIN EACH SERIOUSNESS LEVEL
XV Aggravated Murder 1 (RCW 10.95.020)
XIV Murder 1 (RCW 9A.32.030)
Homicide by abuse (RCW 9A.32.055)
XIII Murder 2 (RCW 9A.32.050)
XII Assault 1 (RCW 9A.36.011)
Assault of a Child 1 (RCW 9A.36.120)
XI Rape 1 (RCW 9A.44.040)
Rape of a Child 1 (RCW 9A.44.073)
X Kidnapping 1 (RCW 9A.40.020)
Rape 2 (RCW 9A.44.050)
Rape of a Child 2 (RCW 9A.44.076)
Child Molestation 1 (RCW 9A.44.083)
Damaging building, etc., by explosion with threat to human being (RCW 70.74.280(1))
Over 18 and deliver heroin or narcotic from Schedule I or II to someone under 18 (RCW 69.50.406)
Leading Organized Crime (RCW 9A.82.060(1)(a))
IX Assault of a Child 2 (RCW 9A.36.130)
Robbery 1 (RCW 9A.56.200)
Manslaughter 1 (RCW 9A.32.060)
Explosive devices prohibited (RCW 70.74.180)
Indecent Liberties (with forcible compulsion) (RCW 9A.44.100(1)(a))
Endangering life and property by explosives with threat to human being (RCW 70.74.270)
Over 18 and deliver narcotic from Schedule III, IV, or V or a nonnarcotic from Schedule I-V to someone under 18 and 3 years junior (RCW 69.50.406)
Controlled Substance Homicide (RCW 69.50.415)
Sexual Exploitation (RCW 9.68A.040)
Inciting Criminal Profiteering (RCW 9A.82.060(1)(b))
VIII Arson 1 (RCW 9A.48.020)
Promoting Prostitution 1 (RCW 9A.88.070)
Selling for profit (controlled or counterfeit) any controlled substance (RCW 69.50.410)
Manufacture, deliver, or possess with intent to deliver heroin or cocaine (RCW 69.50.401(a)(1)(i))
Manufacture, deliver, or possess with intent to deliver methamphetamine (RCW 69.50.401(a)(1)(ii))
Vehicular Homicide, by being under the influence of intoxicating liquor or any drug or by the operation of any vehicle in a reckless manner (RCW 46.61.520)
VII Burglary 1 (RCW 9A.52.020)
Vehicular Homicide, by disregard for the safety of others (RCW 46.61.520)
Introducing Contraband 1 (RCW 9A.76.140)
Indecent Liberties (without forcible compulsion) (RCW 9A.44.100(1) (b) and (c))
Child Molestation 2 (RCW 9A.44.086)
Dealing in depictions of minor engaged in sexually explicit conduct (RCW 9.68A.050)
Sending, bringing into state depictions of minor engaged in sexually explicit conduct (RCW 9.68A.060)
Involving a minor in drug dealing (RCW 69.50.401(f))
Reckless Endangerment 1 (RCW 9A.36.045)
Unlawful Possession of a Firearm in the first degree (RCW 9.41.040(1)(a))
VI Bribery (RCW 9A.68.010)
Manslaughter 2 (RCW 9A.32.070)
Rape of a Child 3 (RCW 9A.44.079)
Intimidating a Juror/Witness (RCW 9A.72.110, 9A.72.130)
Damaging building, etc., by explosion with no threat to human being (RCW 70.74.280(2))
Endangering life and property by explosives with no threat to human being (RCW 70.74.270)
Incest 1 (RCW 9A.64.020(1))
Manufacture, deliver, or possess with intent to deliver narcotics from Schedule I or II (except heroin or cocaine) (RCW 69.50.401(a)(1)(i))
Intimidating a Judge (RCW 9A.72.160)
Bail Jumping with Murder 1 (RCW 9A.76.170(2)(a))
Theft of a Firearm (RCW 9A.56.--- (section 432, chapter 7, Laws of 1994 1st sp. sess., as amended by section 10 of this act))
V Criminal Mistreatment 1 (RCW 9A.42.020)
Rape 3 (RCW 9A.44.060)
Sexual Misconduct with a Minor 1 (RCW 9A.44.093)
Child Molestation 3 (RCW 9A.44.089)
Kidnapping 2 (RCW 9A.40.030)
Extortion 1 (RCW 9A.56.120)
Incest 2 (RCW 9A.64.020(2))
Perjury 1 (RCW 9A.72.020)
Extortionate Extension of Credit (RCW 9A.82.020)
Advancing money or property for extortionate extension of credit (RCW 9A.82.030)
Extortionate Means to Collect Extensions of Credit (RCW 9A.82.040)
Rendering Criminal Assistance 1 (RCW 9A.76.070)
Bail Jumping with class A Felony (RCW 9A.76.170(2)(b))
Delivery of imitation controlled substance by person eighteen or over to person under eighteen (RCW 69.52.030(2))
Possession of a Stolen Firearm (RCW 9A.56.--- (section 13 of this act))
IV Residential Burglary (RCW 9A.52.025)
Theft of Livestock 1 (RCW 9A.56.080)
Robbery 2 (RCW 9A.56.210)
Assault 2 (RCW 9A.36.021)
Escape 1 (RCW 9A.76.110)
Arson 2 (RCW 9A.48.030)
Bribing a Witness/Bribe Received by Witness (RCW 9A.72.090, 9A.72.100)
Malicious Harassment (RCW 9A.36.080)
Threats to Bomb (RCW 9.61.160)
Willful Failure to Return from Furlough (RCW 72.66.060)
Hit and Run — Injury Accident (RCW 46.52.020(4))
Vehicular Assault (RCW 46.61.522)
Manufacture, deliver, or possess with intent to deliver narcotics from Schedule III, IV, or V or nonnarcotics from Schedule I-V (except marijuana or methamphetamines) (RCW 69.50.401(a)(1)(ii) through (iv))
Influencing Outcome of Sporting Event (RCW 9A.82.070)
Use of Proceeds of Criminal Profiteering (RCW 9A.82.080 (1) and (2))
Knowingly Trafficking in Stolen Property (RCW 9A.82.050(2))
III Criminal mistreatment 2 (RCW 9A.42.030)
Extortion 2 (RCW 9A.56.130)
Unlawful Imprisonment (RCW 9A.40.040)
Assault 3 (RCW 9A.36.031)
Assault of a Child 3 (RCW 9A.36.140)
Custodial Assault (RCW 9A.36.100)
Unlawful possession of firearm ((or pistol by felon (RCW 9.41.040))) in the second degree (RCW 9.41.040(1)(b))
Harassment (RCW 9A.46.020)
Promoting Prostitution 2 (RCW 9A.88.080)
Willful Failure to Return from Work Release (RCW 72.65.070)
Burglary 2 (RCW 9A.52.030)
Introducing Contraband 2 (RCW 9A.76.150)
Communication with a Minor for Immoral Purposes (RCW 9.68A.090)
Patronizing a Juvenile Prostitute (RCW 9.68A.100)
Escape 2 (RCW 9A.76.120)
Perjury 2 (RCW 9A.72.030)
Bail Jumping with class B or C Felony (RCW 9A.76.170(2)(c))
Intimidating a Public Servant (RCW 9A.76.180)
Tampering with a Witness (RCW 9A.72.120)
Manufacture, deliver, or possess with intent to deliver marijuana (RCW 69.50.401(a)(1)(ii))
Delivery of a material in lieu of a controlled substance (RCW 69.50.401(c))
Manufacture, distribute, or possess with intent to distribute an imitation controlled substance (RCW 69.52.030(1))
Recklessly Trafficking in Stolen Property (RCW 9A.82.050(1))
Theft of livestock 2 (RCW 9A.56.080)
Securities Act violation (RCW 21.20.400)
II Malicious Mischief 1 (RCW 9A.48.070)
Possession of Stolen Property 1 (RCW 9A.56.150)
Theft 1 (RCW 9A.56.030)
Possession of controlled substance that is either heroin or narcotics from Schedule I or II (RCW 69.50.401(d))
Possession of phencyclidine (PCP) (RCW 69.50.401(d))
Create, deliver, or possess a counterfeit controlled substance (RCW 69.50.401(b))
Computer Trespass 1 (RCW 9A.52.110)
((Reckless Endangerment 1 (RCW 9A.36.045)))
Escape from Community Custody (RCW 72.09.310)
I Theft 2 (RCW 9A.56.040)
Possession of Stolen Property 2 (RCW 9A.56.160)
Forgery (RCW 9A.60.020)
Taking Motor Vehicle Without Permission (RCW 9A.56.070)
Vehicle Prowl 1 (RCW 9A.52.095)
Attempting to Elude a Pursuing Police Vehicle (RCW 46.61.024)
Malicious Mischief 2 (RCW 9A.48.080)
Reckless Burning 1 (RCW 9A.48.040)
Unlawful Issuance of Checks or Drafts (RCW 9A.56.060)
Unlawful Use of Food Stamps (RCW 9.91.140 (2) and (3))
False Verification for Welfare (RCW 74.08.055)
Forged Prescription (RCW 69.41.020)
Forged Prescription for a Controlled Substance (RCW 69.50.403)
Possess Controlled Substance that is a Narcotic from Schedule III, IV, or V or Non-narcotic from Schedule I-V (except phencyclidine) (RCW 69.50.401(d))
NEW SECTION. Sec. 4. PROSECUTING STANDARDS TIGHTENED FOR ARMED OFFENDERS. Notwithstanding the current placement or listing of crimes in categories or classifications of prosecuting standards for deciding to prosecute under RCW 9.94A.440(2), any and all felony crimes involving any deadly weapon special verdict under RCW 9.94A.125, any deadly weapon enhancements under RCW 9.94A.310 (3) or (4), or both, and any and all felony crimes as defined in RCW 9.94A.310 (3)(f) or (4)(f), or both, which are excluded from the deadly weapon enhancements shall all be treated as crimes against a person and subject to the prosecuting standards for deciding to prosecute under RCW 9.94A.440(2) as crimes against persons.
NEW SECTION. Sec. 5. ALL PLEA AGREEMENTS AND SENTENCES FOR VIOLENT, MOST SERIOUS, AND ARMED OFFENDERS MADE A PUBLIC RECORD. Any and all recommended sentencing agreements or plea agreements and the sentences for any and all felony crimes shall be made and retained as public records if the felony crime involves:
(1) Any violent offense as defined in this chapter;
(2) Any most serious offense as defined in this chapter;
(3) Any felony with a deadly weapon special verdict under RCW 9.94A.125;
(4) Any felony with any deadly weapon enhancements under RCW 9.94A.310 (3) or (4), or both; and/or
(5) The felony crimes of possession of a machine gun, possessing a stolen firearm, reckless endangerment in the first degree, theft of a firearm, unlawful possession of a firearm in the first or second degree, and/or use of a machine gun in a felony.
NEW SECTION. Sec. 6. JUDICIAL RECORDS KEPT FOR SENTENCES OF VIOLENT, MOST SERIOUS, AND ARMED OFFENDERS. (1) A current, newly created or reworked judgment and sentence document for each felony sentencing shall record any and all recommended sentencing agreements or plea agreements and the sentences for any and all felony crimes kept as public records under section 5 of this act shall contain the clearly printed name and legal signature of the sentencing judge. The judgment and sentence document as defined in this section shall also provide additional space for the sentencing judge's reasons for going either above or below the presumptive sentence range for any and all felony crimes covered as public records under section 5 of this act. Both the sentencing judge and the prosecuting attorney's office shall each retain or receive a completed copy of each sentencing document as defined in this section for their own records.
(2) The sentencing guidelines commission shall be sent a completed copy of the judgment and sentence document upon conviction for each felony sentencing under subsection (1) of this section and shall compile a yearly and cumulative judicial record of each sentencing judge in regards to his or her sentencing practices for any and all felony crimes involving:
(a) Any violent offense as defined in this chapter;
(b) Any most serious offense as defined in this chapter;
(c) Any felony with any deadly weapon special verdict under RCW 9.94A.125;
(d) Any felony with any deadly weapon enhancements under RCW 9.94A.310 (3) or (4), or both; and/or
(e) The felony crimes of possession of a machine gun, possessing a stolen firearm, reckless endangerment in the first degree, theft of a firearm, unlawful possession of a firearm in the first or second degree, and/or use of a machine gun in a felony.
(3) The sentencing guidelines commission shall compare each individual judge's sentencing practices to the standard or presumptive sentence range for any and all felony crimes listed in subsection (2) of this section for the appropriate offense level as defined in RCW 9.94A.320, offender score as defined in RCW 9.94A.360, and any applicable deadly weapon enhancements as defined in RCW 9.94A.310 (3) or (4), or both. These comparative records shall be retained and made available to the public for review in a current, newly created or reworked official published document by the sentencing guidelines commission.
(4) Any and all felony sentences which are either above or below the standard or presumptive sentence range in subsection (3) of this section shall also mark whether the prosecuting attorney in the case also recommended a similar sentence, if any, which was either above or below the presumptive sentence range and shall also indicate if the sentence was in conjunction with an approved alternative sentencing option including a first-time offender waiver, sex offender sentencing alternative, or other prescribed sentencing option.
(5) If any completed judgment and sentence document as defined in subsection (1) of this section is not sent to the sentencing guidelines commission as required in subsection (2) of this section, the sentencing guidelines commission shall have the authority and shall undertake reasonable and necessary steps to assure that all past, current, and future sentencing documents as defined in subsection (1) of this section are received by the sentencing guidelines commission.
Sec. 7. RCW 9.94A.150 and 1992 c 145 s 8 are each amended to read as follows:
GOOD TIME REMOVED FOR DEADLY WEAPON ENHANCEMENTS. No person serving a sentence imposed pursuant to this chapter and committed to the custody of the department shall leave the confines of the correctional facility or be released prior to the expiration of the sentence except as follows:
(1) Except as otherwise provided for in subsection (2) of this section, the term of the sentence of an offender committed to a correctional facility operated by the department, may be reduced by earned early release time in accordance with procedures that shall be developed and promulgated by the correctional agency having jurisdiction in which the offender is confined. The earned early release time shall be for good behavior and good performance, as determined by the correctional agency having jurisdiction. The correctional agency shall not credit the offender with earned early release credits in advance of the offender actually earning the credits. Any program established pursuant to this section shall allow an offender to earn early release credits for presentence incarceration. If an offender is transferred from a county jail to the department of corrections, the county jail facility shall certify to the department the amount of time spent in custody at the facility and the amount of earned early release time. In the case of an offender who has been convicted of a felony committed after the effective date of this section that involves any applicable deadly weapon enhancements under RCW 9.94A.310 (3) or (4), or both, shall not receive any good time credits or earned early release time for that portion of his or her sentence that results from any deadly weapon enhancements. In the case of an offender convicted of a serious violent offense or a sex offense that is a class A felony committed on or after July 1, 1990, the aggregate earned early release time may not exceed fifteen percent of the sentence. In no other case shall the aggregate earned early release time exceed one-third of the total sentence;
(2) A person convicted of a sex offense or an offense categorized as a serious violent offense, assault in the second degree, assault of a child in the second degree, any crime against a person where it is determined in accordance with RCW 9.94A.125 that the defendant or an accomplice was armed with a deadly weapon at the time of commission, or any felony offense under chapter 69.50 or 69.52 RCW may become eligible, in accordance with a program developed by the department, for transfer to community custody status in lieu of earned early release time pursuant to subsection (1) of this section;
(3) An offender may leave a correctional facility pursuant to an authorized furlough or leave of absence. In addition, offenders may leave a correctional facility when in the custody of a corrections officer or officers;
(4) The governor, upon recommendation from the clemency and pardons board, may grant an extraordinary release for reasons of serious health problems, senility, advanced age, extraordinary meritorious acts, or other extraordinary circumstances;
(5) No more than the final six months of the sentence may be served in partial confinement designed to aid the offender in finding work and reestablishing ((him)) himself or herself in the community;
(6) The governor may pardon any offender;
(7) The department of corrections may release an offender from confinement any time within ten days before a release date calculated under this section; and
(8) An offender may leave a correctional facility prior to completion of his sentence if the sentence has been reduced as provided in RCW 9.94A.160.
Notwithstanding any other provisions of this section, an offender sentenced for a felony crime listed in RCW 9.94A.120(4) as subject to a mandatory minimum sentence of total confinement shall not be released from total confinement before the completion of the listed mandatory minimum sentence for that felony crime of conviction unless allowed under RCW 9.94A.120(4).
Sec. 8. RCW 9A.36.045 and 1989 c 271 s 109 are each amended to read as follows:
RECKLESS ENDANGERMENT IN THE FIRST DEGREE. (1) A person is guilty of reckless endangerment in the first degree when he or she recklessly discharges a firearm as defined in RCW 9.41.010 in a manner which creates a substantial risk of death or serious physical injury to another person and the discharge is either from a motor vehicle or from the immediate area of a motor vehicle that was used to transport the shooter or the firearm, or both, to the scene of the discharge.
(2) A person who unlawfully discharges a firearm from a moving motor vehicle may be inferred to have engaged in reckless conduct, unless the discharge is shown by evidence satisfactory to the trier of fact to have been made without such recklessness.
(3) Reckless endangerment in the first degree is a class ((C)) B felony.
Sec. 9. RCW 9A.52.020 and 1975 1st ex.s. c 260 s 9A.52.020 are each amended to read as follows:
BURGLARY IN THE FIRST DEGREE. (1) A person is guilty of burglary in the first degree if, with intent to commit a crime against a person or property therein, he or she enters or remains unlawfully in a ((dwelling)) building and if, in entering or while in the ((dwelling)) building or in immediate flight therefrom, the actor or another participant in the crime (a) is armed with a deadly weapon, or (b) assaults any person therein.
(2) Burglary in the first degree is a class A felony.
Sec. 10. RCW 9A.56.--- and 1994 1st sp.s. c 7 s 432 are each amended to read as follows:
THEFT OF A FIREARM. (1) A person is guilty of theft of a firearm if ((the person:
(a))) he or she commits a theft of ((a)) any firearm((; or
(b) Possesses, sells, or delivers a stolen firearm)).
(2) This section applies regardless of the ((stolen firearm's)) value of the firearm taken in the theft.
(3) (("Possession, sale, or delivery of a stolen firearm" as used in this section has the same meaning as "possessing stolen property" in RCW 9A.56.140)) Each firearm taken in the theft under this section is a separate offense.
(4) The definition of "theft" and the defense allowed against the prosecution for theft under RCW 9A.56.020 shall apply to the crime of theft of a firearm.
(5) As used in this section, "firearm" means any firearm as defined in RCW 9.41.010.
(6) Theft of a firearm is a class ((C)) B felony.
Sec. 11. RCW 9A.56.030 and 1975 1st ex.s. c 260 s 9A.56.030 are each amended to read as follows:
THEFT IN THE FIRST DEGREE OTHER THAN A FIREARM. (1) A person is guilty of theft in the first degree if he or she commits theft of:
(a) Property or services which exceed(s) one thousand five hundred dollars in value other than a firearm as defined in RCW 9.41.010; or
(b) Property of any value other than a firearm as defined in RCW 9.41.010 taken from the person of another.
(2) Theft in the first degree is a class B felony.
Sec. 12. RCW 9A.56.040 and 1994 1st sp.s. c 7 s 433 are each amended to read as follows:
THEFT IN THE SECOND DEGREE OTHER THAN A FIREARM. (1) A person is guilty of theft in the second degree if he or she commits theft of:
(a) Property or services which exceed(s) two hundred and fifty dollars in value other than a firearm as defined in RCW 9.41.010, but does not exceed one thousand five hundred dollars in value; or
(b) A public record, writing, or instrument kept, filed, or deposited according to law with or in the keeping of any public office or public servant; or
(c) An access device; or
(d) A motor vehicle, of a value less than one thousand five hundred dollars.
(2) Theft in the second degree is a class C felony.
NEW SECTION. Sec. 13. A new section is added to chapter 9A.56 RCW to read as follows:
POSSESSING A STOLEN FIREARM. (1) A person is guilty of possessing a stolen firearm if he or she possesses, carries, delivers, sells, or is in control of a stolen firearm.
(2) This section applies regardless of the stolen firearm's value.
(3) Each stolen firearm possessed under this section is a separate offense.
(4) The definition of "possessing stolen property" and the defense allowed against the prosecution for possessing stolen property under RCW 9A.56.140 shall apply to the crime of possessing a stolen firearm. (5) As used in this section, "firearm" means any firearm as defined in RCW 9.41.010.
(6) Possessing a stolen firearm is a class B felony.
Sec. 14. RCW 9A.56.150 and 1975 1st ex.s. c 260 s 9A.56.150 are each amended to read as follows:
POSSESSING STOLEN PROPERTY IN THE FIRST DEGREE OTHER THAN A FIREARM. (1) A person is guilty of possessing stolen property in the first degree if he or she possesses stolen property other than a firearm as defined in RCW 9.41.010 which exceeds one thousand five hundred dollars in value.
(2) Possessing stolen property in the first degree is a class B felony.
Sec. 15. RCW 9A.56.160 and 1994 1st sp.s. c 7 s 434 are each amended to read as follows:
POSSESSING STOLEN PROPERTY IN THE SECOND DEGREE OTHER THAN A FIREARM. (1) A person is guilty of possessing stolen property in the second degree if:
(a) He or she possesses stolen property other than a firearm as defined in RCW 9.41.010 which exceeds two hundred fifty dollars in value but does not exceed one thousand five hundred dollars in value; or
(b) He or she possesses a stolen public record, writing or instrument kept, filed, or deposited according to law; or
(c) He or she possesses a stolen access device; or
(d) He or she possesses a stolen motor vehicle of a value less than one thousand five hundred dollars.
(2) Possessing stolen property in the second degree is a class C felony.
Sec. 16. RCW 9.41.040 and 1994 1st sp.s. c 7 s 402 are each amended to read as follows:
UNLAWFUL POSSESSION OF A FIREARM IN THE FIRST AND SECOND DEGREE--OWNERSHIP, POSSESSION OF FIREARMS PROHIBITED FROM CERTAIN PERSONS. (1)(a) A person, whether an adult or juvenile, is guilty of the crime of unlawful possession of a firearm in the first degree, if the person owns, has in his or her possession, or has in his or her control any firearm((:
(a))) after having previously been convicted in this state or elsewhere of ((a)) any serious offense((, a domestic violence offense enumerated in RCW 10.99.020(2), a harassment offense enumerated in RCW 9A.46.060, or of a felony in which a firearm was used or displayed)) as defined in this chapter, residential burglary, reckless endangerment in the first degree, any felony violation of the uniform controlled substances act, chapter 69.50 RCW, classified as a class A or class B felony, or with a maximum sentence of at least ten years, or both, or equivalent statutes of another jurisdiction, except as otherwise provided in subsection (3) or (4) of this section;
(b) A person, whether an adult or juvenile, is guilty of the crime of unlawful possession of a firearm in the second degree, if the person does not qualify under (a) of this subsection for the crime of unlawful possession of a firearm in the first degree and the person owns, has in his or her possession, or has in his or her control any firearm:
(i) After having previously been convicted of any remaining felony violation of the uniform controlled substances act, chapter 69.50 RCW, or equivalent statutes of another jurisdiction not specifically listed as prohibiting firearm possession under (a) of this subsection, any remaining felony in which a firearm was used or displayed and the felony is not specifically listed as prohibiting firearm possession under (a) of this subsection, any domestic violence offense enumerated in RCW 10.99.020(2), or any harassment offense enumerated in RCW 9A.46.060, except as otherwise provided in subsection (3) or (4) of this section;
(((c))) (ii) After having previously been convicted on three occasions within five years of driving a motor vehicle or operating a vessel while under the influence of intoxicating liquor or any drug, unless his or her right to possess a firearm has been restored as provided in RCW 9.41.--- (section 404, chapter 7, Laws of 1994 1st sp. sess.);
(((e))) (iii) After having previously been involuntarily committed for mental health treatment under RCW 71.05.320, 71.34.090, chapter 10.77 RCW, or equivalent statutes of another jurisdiction, unless his or her right to possess a firearm has been restored as provided in RCW 9.41.--- (section 404, chapter 7, Laws of 1994 1st sp. sess.); and/or
(iv) If the person is under eighteen years of age, except as provided in RCW 9.41.--- (section 403, chapter 7, Laws of 1994 1st sp. sess.).
(2)(a) Unlawful possession of a firearm in the first degree is a class ((C)) B felony, punishable under chapter 9A.20 RCW.
(b) Unlawful possession of a firearm in the second degree is a class C felony, punishable under chapter 9A.20 RCW.
(3) As used in this section, a person has been "convicted" at such time as a plea of guilty has been accepted or a verdict of guilty has been filed, notwithstanding the pendency of any future proceedings including but not limited to sentencing or disposition, post-trial or post-factfinding motions, and appeals. A person shall not be precluded from possession of a firearm if the conviction has been the subject of a pardon, annulment, certificate of rehabilitation, or other equivalent procedure based on a finding of the rehabilitation of the person convicted or the conviction or disposition has been the subject of a pardon, annulment, or other equivalent procedure based on a finding of innocence.
(4) Notwithstanding subsection (1) of this section, a person convicted of an offense prohibiting the possession of a firearm under this section other than murder, manslaughter, robbery, rape, indecent liberties, arson, assault, kidnapping, extortion, burglary, or violations with respect to controlled substances under RCW 69.50.401(a) and 69.50.410, who received a probationary sentence under RCW 9.95.200, and who received a dismissal of the charge under RCW 9.95.240, shall not be precluded from possession of a firearm as a result of the conviction. Notwithstanding any other provisions of this section, if a person is prohibited from possession of a firearm under subsection (1) of this section and has not previously been convicted of a sex offense prohibiting firearm ownership under subsection (1) of this section and/or any felony defined under any law as a class A felony or with a maximum sentence of at least twenty years, or both, the individual may petition a court of record to have his or her right to possess a firearm restored:
(a) Under RCW 9.41.--- (section 404, chapter 7, Laws of 1994 1st sp. sess.); and/or
(b) After five or more consecutive years in the community without being convicted or currently charged with any felony, gross misdemeanor, or misdemeanor crimes, if the individual has no prior felony convictions that prohibit the possession of a firearm counted as part of the offender score under RCW 9.94A.360.
(((6)(a) A person who has been committed by court order for treatment of mental illness under RCW 71.05.320 or chapter 10.77 RCW, or equivalent statutes of another jurisdiction, may not possess, in any manner, a firearm as defined in RCW 9.41.010.
(b) At the time of commitment, the court shall specifically state to the person under (a) of this subsection and give the person notice in writing that the person is barred from possession of firearms.
(c) The secretary of social and health services shall develop appropriate rules to create an approval process under this subsection. The rules must provide for the immediate restoration of the right to possess a firearm upon a showing in a court of competent jurisdiction that a person no longer is required to participate in an inpatient or outpatient treatment program, and is no longer required to take medication to treat any condition related to the commitment. Unlawful possession of a firearm under this subsection shall be punished as a class C felony under chapter 9A.20 RCW.))
(5) In addition to any other penalty provided for by law, if a person under the age of eighteen years is found by a court to have possessed a firearm in a vehicle in violation of subsection (1) of this section or to have committed an offense while armed with a firearm during which offense a motor vehicle served an integral function, the court shall notify the department of licensing within twenty-four hours and the person's privilege to drive shall be revoked under RCW 46.20.265.
(6) Nothing in chapter . . ., Laws of 1995 (this act) shall ever be construed or interpreted as preventing an offender from being charged and subsequently convicted for the separate felony crimes of theft of a firearm or possession of a stolen firearm, or both, in addition to being charged and subsequently convicted under this section for unlawful possession of a firearm in the first or second degree. Notwithstanding any other law, if the offender is convicted under this section for unlawful possession of a firearm in the first or second degree and for the felony crimes of theft of a firearm or possession of a stolen firearm, or both, then the offender shall serve consecutive sentences for each of the felony crimes of conviction listed in this subsection.
(7) Each firearm unlawfully possessed under this section shall be a separate offense.
Sec. 17. RCW 10.95.020 and 1981 c 138 s 2 are each amended to read as follows:
DEATH PENALTY AUTHORIZED FOR DRIVE-BY SHOOTERS, MURDERS FOR GROUP MEMBERSHIP, AND RESIDENTIAL BURGLARS WHO KILL. A person is guilty of aggravated first degree murder if he or she commits first degree murder as defined by RCW 9A.32.030(1)(a), as now or hereafter amended, and one or more of the following aggravating circumstances exist:
(1) The victim was a law enforcement officer, corrections officer, or fire fighter who was performing his or her official duties at the time of the act resulting in death and the victim was known or reasonably should have been known by the person to be such at the time of the killing;
(2) At the time of the act resulting in the death, the person was serving a term of imprisonment, had escaped, or was on authorized or unauthorized leave in or from a state facility or program for the incarceration or treatment of persons adjudicated guilty of crimes;
(3) At the time of the act resulting in death, the person was in custody in a county or county-city jail as a consequence of having been adjudicated guilty of a felony;
(4) The person committed the murder pursuant to an agreement that he or she would receive money or any other thing of value for committing the murder;
(5) The person solicited another person to commit the murder and had paid or had agreed to pay money or any other thing of value for committing the murder;
(6) The person committed the murder to obtain or maintain his or her membership or to advance his or her position in the hierarchy of an organization, association, or identifiable group;
(7) The murder was committed during the course of or as a result of a shooting where the discharge of the firearm, as defined in RCW 9.41.010, is either from a motor vehicle or from the immediate area of a motor vehicle that was used to transport the shooter or the firearm, or both, to the scene of the discharge;
(8) The victim was:
(a) A judge; juror or former juror; prospective, current, or former witness in an adjudicative proceeding; prosecuting attorney; deputy prosecuting attorney; defense attorney; a member of the indeterminate sentence review board ((of prison terms and paroles)); or a probation or parole officer; and
(b) The murder was related to the exercise of official duties performed or to be performed by the victim;
(((7))) (9) The person committed the murder to conceal the commission of a crime or to protect or conceal the identity of any person committing a crime, including, but specifically not limited to, any attempt to avoid prosecution as a persistent offender as defined in RCW 9.94A.030;
(((8))) (10) There was more than one victim and the murders were part of a common scheme or plan or the result of a single act of the person;
(((9))) (11) The murder was committed in the course of, in furtherance of, or in immediate flight from one of the following crimes:
(a) Robbery in the first or second degree;
(b) Rape in the first or second degree;
(c) Burglary in the first or second degree or residential burglary;
(d) Kidnapping in the first degree; or
(e) Arson in the first degree;
(((10))) (12) The victim was regularly employed or self-employed as a newsreporter and the murder was committed to obstruct or hinder the investigative, research, or reporting activities of the victim.
NEW SECTION. Sec. 18. OFFENDER NOTIFICATION AND WARNING. Any and all law enforcement agencies and personnel, criminal justice attorneys, sentencing judges, and state and local correctional facilities and personnel may, but are not required to, give any and all offenders either written or oral notice, or both, of the sanctions imposed and criminal justice changes regarding armed offenders, including but not limited to the subjects of:
(1) Felony crimes involving any deadly weapon special verdict under RCW 9.94A.125;
(2) Any and all deadly weapon enhancements under RCW 9.94A.310 (3) or (4), or both, as well as any federal firearm, ammunition, or other deadly weapon enhancements;
(3) Any and all felony crimes requiring the possession, display, or use of any deadly weapon as well as the many increased penalties for these crimes including the creation of theft of a firearm and possessing a stolen firearm;
(4) New prosecuting standards established for filing charges for all crimes involving any deadly weapons;
(5) Removal of good time for any and all deadly weapon enhancements; and
(6) Providing the death penalty for those who commit first degree murder: (a) To join, maintain, or advance membership in an identifiable group; (b) as part of a drive-by shooting; or (c) to avoid prosecution as a persistent offender as defined in RCW 9.94A.030.
NEW SECTION. Sec. 19. REPEALER. The following acts or parts of acts are each repealed:
(1) 1994 1st sp.s. c 7 s 510;
(2) 1994 1st sp.s. c 7 s 511; and
(3) 1994 1st sp.s. c 7 s 512.
NEW SECTION. Sec. 20. CODIFICATION. Sections 4 through 6 of this act are each added to chapter 9.94A RCW.
NEW SECTION. Sec. 21. SHORT TITLE. This act shall be known and cited as the hard time for armed crime act.
NEW SECTION. Sec. 22. SEVERABILITY. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
NEW SECTION. Sec. 23. CAPTIONS. Captions as used in this act do not constitute any part of the law.
Initiative Number 159 was referred to the Committee on Corrections.
MOTION
On motion of Representative Foreman, the remaining bills, memorial and resolution listed on today's introduction sheet under the fourth order of business were referred to the committees so designated.
RESOLUTION
HOUSE RESOLUTION NO. 94-4602, by Representatives Foreman, Ebersole, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Elliot, G. Fisher, R. Fisher, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Koster, Kremen, Lambert, Lisk, Mason, Mastin, McMahan, McMorris, Mielke, Mitchell, Morris, Mulliken, Ogden, Padden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, D. Schmidt, K. Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, Stevens, Talcott, Thibaudeau, B. Thomas, L. Thomas, Thompson, Tokuda, Valle, Van Luven, Veloria and Wolfe
WHEREAS, Professional and volunteer fire fighters serve selflessly to protect citizens throughout the state of Washington and the United States of America; and
WHEREAS, The brave men and women who perform as fire fighters willingly accept the grave dangers inherent in their job in order to protect our lives and our property; and
WHEREAS, Many fire fighters have sacrificed their limbs and even their lives while courageously discharging the difficult duties of their profession; and
WHEREAS, On January 5, 1995, the Seattle Fire Department responded to a warehouse fire and began to contain and extinguish the flames; and
WHEREAS, While attempting to fight the fire from inside the building, four heroic fire fighters died when an explosion occurred, the floor collapsed, and they were trapped in the deadly flames; and
WHEREAS, The four skilled fire fighters who died were James T. Brown of Port Orchard, Randall R. Terlicker of Mill Creek, Walter D. Kilgore of Kirkland, and Gregory M. Shoemaker of Maple Valley; and
WHEREAS, They unselfishly gave their lives in the line of duty while attempting to preserve the safety and well-being of the community and its citizens;
NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives of the state of Washington honor James T. Brown, Randall R. Terlicker, Walter D. Kilgore, and Gregory M. Shoemaker for the dedicated service that characterized their lives and for the outstanding example of sacrifice they set for others; and
BE IT FURTHER RESOLVED, That the House of Representatives of the state of Washington offer condolences and prayers to the families and friends of James T. Brown, Randall R. Terlicker, Walter D. Kilgore, and Gregory M. Shoemaker during this time of grief for their loved ones; and
BE IT FURTHER RESOLVED, That copies of this Resolution be immediately transmitted by the Chief Clerk of the House of Representatives to the families of James T. Brown, Randall R. Terlicker, Walter D. Kilgore, and Gregory M. Shoemaker.
There being no objection, the resolution was moved.
Representatives Chopp and Robertson spoke in favor of the adoption of the resolution.
House Resolution No. 4602 was adopted.
There being no objection, the House advanced to the eleventh order of business.
STANDING COMMITTEE ASSIGNMENTS
The Speaker announced the following standing committee appointments.
Member Assignments to
House Standing Committees
1995
Appelwick, Marlin -- Law & Justice; Rules.
Backlund, Bill -- Transportation; Health Care; Rules.
Ballard, Clyde -- Rules.
Ballasiotes, Ida -- Corrections; Trade & Economic Development.
Basich, Bob -- Natural Resources; Appropriations.
Beeksma, Barney -- Appropriations; Natural Resources, Financial Institutions & Insurance.
Benton, Don -- Transportation; Higher Education; Financial Institutions & Insurance.
Blanton, Jerry -- Transportation; Higher Education; Corrections.
Boldt, Marc -- Finance; Children & Family Services; Agriculture & Ecology.
Brown, Lisa -- Transportation; Children & Family Services; Rules.
Brumsickle, Bill -- Education; Appropriations.
Buck, Jim -- Transportation; Children & Family Services; Natural Resources.
Cairnes, Jack -- Transportation; Natural Resources; Commerce & Labor.
Campbell, Tom -- Finance; Energy & Utilities; Financial Institutions & Insurance.
Carlson, Don -- Higher Education; Appropriations.
Carrell, Michael -- Finance; Children & Family Services; Law & Justice.
Casada, Sarah -- Energy & Utilities; Health Care.
Chandler, Gary -- Agriculture & Ecology;; Transportation; Energy & Utilities.
Chappell, David -- Appropriation; Law & Justice; Agriculture & Ecology.
Chopp, Frank -- Transportation; Capital Budget; Government Operations.
Clements, Jim -- Appropriations; Education; Agriculture & Ecology.
Cody, Eileen -- Health Care; Law & Justice; Commerce & Labor.
Cole, Grace -- Education; Corrections; Commerce & Labor.
Conway, Steve -- Health Care; Commerce & Labor; Rules.
Cooke, Suzette -- Children & Family Services; Appropriations.
Costa, Jeralita -- Capital Budget; Law & Justice; Financial Institutions & Insurance.
Crouse, Larry -- Appropriations; Health Care; Energy & Utilities.
Dellwo, Dennis -- Health Care; Appropriations; Financial Institutions & Insurance.
Delvin, Jerome -- Higher Education; Law & Justice; Agriculture & Ecology.
Dickerson, Mary Lou -- Finance; Education; Corrections.
Dyer, Philip -- Health Care; Financial Institutions & Insurance.
Ebersole, Brian -- Rules.
Elliot, Ian -- Transportation; Education; Natural Resources.
Fisher, Greg -- Appropriations; Education; Natural Resources.
Fisher, Ruth -- Transportation; Government Operations; Agriculture & Ecology.
Foreman, Dale -- Appropriations; Rules.
Fuhrman, Steve -- Natural Resources; Education; Commerce & Labor.
Goldsmith, Gene -- Higher Education; Government Operations; Commerce & Labor.
Grant, William -- Appropriations; Rules.
Hankins, Shirley -- Transportation; Capital Budget; Energy & Utilities.
Hargrove, Steve -- Appropriations; Government Operations; Commerce & Labor.
Hatfield, Brian -- Transportation; Education; Trade & Economic Development.
Hickel, Tim -- Appropriations; Law & Justice; Trade & Economic Development.
Honeyford, Jim -- Capital Budget; Government Operations; Agriculture & Ecology.
Horn, Jim -- Rules; Transportation; Commerce & Labor.
Huff, Tom -- Appropriations; Energy & Utilities; Financial Institutions & Insurance.
Hymes, Cheryl -- Finance; Health Care; Government Operations.
Jacobsen, Ken -- Higher Education; Appropriations; Natural Resources.
Johnson, Peggy -- Transportation; Education; Agriculture & Ecology.
Kessler, Lynn -- Energy & Utilities; Higher Education; Financial Institutions & Insurance.
Koster, John -- Transportation; Corrections; Agriculture & Ecology.
Kremen, Pete -- Energy & Utilities; Agriculture & Ecology; Rules.
Lambert, Kathy -- Appropriations; Children & Family Services; Law & Justice.
Lisk, Barbara -- Commerce & Labor; Appropriations.
Mason, Dawn -- Finance; Higher Education; Trade & Economic Development.
Mastin, Dave -- Agriculture & Ecology; Higher Education.
McMahan, Lois -- Transportation; Education; Law & Justice.
McMorris, Cathy -- Appropriations; Capital Budget; Agriculture & Ecology; Rules.
Mielke, Todd -- Energy & Utilities; Financial Institutions & Insurance; Rules.
Mitchell, Maryann -- Transportation; Capital Budget; Energy & Utilities.
Morris, Betty Sue -- Finance; Health Care; Law & Justice.
Mulliken, Joyce -- Finance; Higher Education; Government Operations.
Ogden, Val -- Capital Budget; Transportation.
Padden, Mike -- Law & Justice; Children & Family Services; Rules.
Patterson, Julie -- Transportation; Children & Family Services; Energy & Utilities.
Pelesky, Grant Owen -- Appropriation; Education; Financial Institutions & Insurance.
Pennington, John -- Finance; Capital Budget; Natural Resources.
Poulsen, Erik -- Appropriations; Education; Agriculture & Ecology.
Quall, Dave -- Corrections; Education; Transportation.
Radcliff, Renee -- Education; Corrections; Trade & Economic Development.
Reams, Bill H. -- Government Operations; Appropriations.
Regala, Debbie -- Capital Budget; Natural Resources; Agriculture & Ecology.
Robertson, Eric -- Transportation; Law & Justice; Agriculture & Ecology.
Romero, Sandra Singery -- Commerce & Labor; Transportation; Natural Resources.
Rust, Nancy -- Government Operations; Appropriations; Agriculture & Ecology.
Schmidt, Dave -- Transportation; Government Operations; Trade & Economic Development.
Schmidt, Karen -- Transportation; Corrections; Rules.
Schoesler, Mark G. -- Finance; Corrections; Agriculture & Ecology; Rules.
Scott, Patricia "Pat" -- Transportation; Government Operations; Rules.
Sehlin, Barry -- Capital Budget; Appropriations.
Sheahan, Larry -- Appropriations; Higher Education; Law & Justice; Rules.
Sheldon, Tim -- Trade & Economic Development; Natural Resources.
Sherstad, Mike -- Health Care; Corrections; Trade & Economic Development.
Silver, Jean -- Appropriations; Capital Budget.
Skinner, Mary -- Transportation; Health Care; Trade & Economic Development.
Smith, Scott -- Education; Law & Justice; Financial Institutions & Insurance.
Sommers, Helen -- Appropriations; Government Operations.
Stevens, Val -- Children & Family Services; Natural Resources; Trade & Economic Development; Rules.
Talcott, Gigi -- Appropriations; Education; Rules.
Thibaudeau, Pat --Children & Family Services; Appropriations.
Thomas, Brian -- Finance; Education; Natural Resources.
Thomas, Les -- Financial Institutions & Insurance; Capital Budget; Government Operations.
Thompson, Bill -- Education; Natural Resources; Commerce & Labor.
Tokuda, Kip -- Transportation; Children & Family Services; Corrections.
Valle, Georgette -- Appropriations; Capital Budget; Trade & Economic Development.
Van Luven, Steve -- Trade & Economic Development; Finance; Government Operations.
Veloria, Velma -- Education; Law & Justice; Trade & Economic Development.
Wolfe, Cathy -- Financial Institutions & Insurance; Appropriations; Government Operations.
Representative Romero: Thank you Mr. Speaker. I wanted the members to notice the apples that were so graciously donated by the Washington Apple Growers. This commemorates one great big deal in our state today. The first shipment of apples arrived in Japan for sale. It's going to really mean a lot for our Washington economy. I also wanted to say that we also received a delegation from the Heoko pre-fixture which came to visit the Legislature today and they were on board the famous Northwest flight which also commemorates the first for our state. So I really and truly hope you enjoy your apple and please remember what the symbolism is.
MOTION
On motion of Representative Foreman, the House adjourned until 9:55 a.m. Tuesday, January 10, 1995.
CLYDE BALLARD, Speaker
TIMOTHY A. MARTIN, Chief Clerk