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TENTH DAY

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MORNING SESSION

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Senate Chamber, Olympia, Wednesday, January 18, 1995

      The Senate was called to order at 10:00 a.m. by President Pritchard. The Secretary called the roll and announced to the President that all Senators were present except Senators Prentice and Roach. On motion of Senator Loveland, Senator Prentice was excused. On motion of Senator Ann Anderson, Senator Roach was excused.

      The Sergeant at Arms Color Guard, consisting of Pages Robert Jocky and Sara Wright, presented the Colors. Reverend Philip Norris, pastor of the Lacey Community Church, offered the prayer.

MOTION

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

REPORTS OF STANDING COMMITTEES

January 17, 1995

SB 5033             Prime Sponsor, Senator Rasmussen: Establishing a commission on pesticide registration. Reported by Committee on Agriculture and Agricultural Trade and Development

      MAJORITY Recommendation: That Substitute Senate Bill No. 5033 be substituted therefor, and the substitute bill do pass and be referred to Committee on Ways and Means. Signed by Senators Rasmussen, Chair; Loveland, Vice Chair; A. Anderson, Bauer, Morton, Newhouse and Snyder.

      Referred to Committee on Ways and Means.

January 17, 1995

SB 5128             Prime Sponsor, Senator Drew: Authorizing shellfish to be taken under a salmon charter license. Reported by Committee on Natural Resources

      MAJORITY Recommendation: Do pass. Signed by Senators Drew, Chair; Spanel, Vice Chair; Haugen, Morton, Oke, Owen, Snyder, Strannigan and Swecker.

      Passed to Committee on Rules for second reading.

REPORTS OF STANDING COMMITTEES

GUBERNATORIAL APPOINTMENTS

January 17, 1995

GA 9005            KATHRYN S. BAIL, reappointed June 16, 1994, for a term ending April 15, 1999, as Chair of the Indeterminate Sentence Review Board.

                           Reported by Committee on Law and Justice

      MAJORITY Recommendation: That said appointment be confirmed. Signed by Senators Smith, Chair; Cal Anderson, Vice Chair; Hargrove, Haugen, Johnson, Long, Roach and Schow.

      Passed to Committee on Rules.

January 17, 1995

GA 9019            JULIA L. GARRATT, appointed April 25, 1994, for a term ending April 15, 1999, as a member of the Indeterminate Sentence Review Board.

                           Reported by Committee on Law and Justice

      MAJORITY Recommendation: That said appointment be confirmed. Signed by Senators Smith, Chair; Cal Anderson, Vice Chair; Hargrove, Haugen, Johnson, Long, Roach and Schow.

      Passed to Committee on Rules.

January 17, 1995

GA 9097            SAMUEL R. JOHNSTON, reappointed March 9, 1993, for a term ending September 25, 1995, as a member of the Clemency and Pardons Board.

                           Reported by Committee on Law and Justice

      MAJORITY Recommendation: That said appointment be confirmed. Signed by Senators Smith, Chair; Cal Anderson, Vice Chair; Hargrove, Haugen, Johnson, Long, Roach and Schow.

      Passed to Committee on Rules.

January 17, 1995

GA 9110            JUDGE REGINALD T. ROBERTS, reappointed March 9, 1993, for a term ending September 25, 1996, as a member of the Clemency and Pardons Board.

                           Reported by Committee on Law and Justice

      MAJORITY Recommendation: That said appointment be confirmed. Signed by Senators Smith, Chair; Cal Anderson, Vice Chair; Hargrove, Haugen, Johnson, Long, Roach and Schow.

      Passed to Committee on Rules.

INTRODUCTION AND FIRST READING

SB 5271             by Senator Drew

AN ACT Relating to arrests by United States forest service and park service special agents without warrant; and amending RCW 10.88.330.

Referred to Committee on Natural Resources.

SB 5272             by Senators Spanel, Swecker, Fraser, C. Anderson, McAuliffe and Winsley (by request of Office of Marine Safety)

AN ACT Relating to regulatory reform using incentives for vessel owners and operators to reduce the risk of oil spills; adding a new section to chapter 88.46 RCW; and adding a new section to chapter 88.40 RCW.

Referred to Committee on Ecology and Parks.

SB 5273             by Senators Hale, Haugen, Winsley and Franklin (by request of Secretary of State Munro)

AN ACT Relating to canvassing of election returns; amending RCW 29.62.020 and 29.62.030; and adding a new section to chapter 29.62 RCW.

Referred to Committee on Government Operations.

SB 5274             by Senators Haugen, McCaslin, Winsley, Wood and Palmer

AN ACT Relating to distribution of moneys to the municipal research council; and reenacting RCW 82.44.160.

Referred to Committee on Government Operations.

SB 5275             by Senators Haugen, McCaslin and Winsley

AN ACT Relating to consolidation of cities and towns; amending RCW 35.10.460, 35.10.470, 35.10.480, 35.10.490, and 35.21.010; and adding a new section to chapter 35.10 RCW.

Referred to Committee on Government Operations.

SB 5276             by Senators McAuliffe, Drew, Bauer, Hochstatter, Sutherland, Long, Pelz, Rasmussen, Haugen, Fairley, Winsley and Kohl

AN ACT Relating to nomenclature in the common school education code; amending RCW 28A.150.220, 28A.150.260, 28A.150.260, 28A.150.275, 28A.150.370, 28A.150.390, 28A.155.010, 28A.155.020, 28A.155.030, 28A.155.040, 28A.155.050, 28A.155.060, 28A.155.070, 28A.155.080, 28A.155.090, 28A.160.040, 28A.160.160, 28A.160.180, 28A.190.030, 28A.310.190, 28A.320.080, 28A.330.100, 28A.525.030, 28A.525.162, 28A.545.040, 28A.545.100, 28A.630.400, 28A.630.835, 28A.630.840, 28A.630.845, and 28A.630.872; providing a contingent effective date; providing expiration dates; and providing a contingent expiration date.

Referred to Committee on Education.

SB 5277             by Senators Wojahn, Deccio, Hale, Franklin, Palmer, Heavey and Pelz

AN ACT Relating to compacts with Indian tribes for conducting gaming; amending RCW 9.46.360 and 43.06.010; and creating a new section.

Referred to Committee on Labor, Commerce and Trade.

SB 5278             by Senators Wojahn, Oke, Gaspard, Winsley, Franklin, Long, Rasmussen and Wood

AN ACT Relating to awards to persons found not guilty by reason of self defense; and amending RCW 9A.16.110.

Referred to Committee on Law and Justice.

SB 5279             by Senators Prentice, Roach, Prince, Spanel, Hale, Heavey, Kohl, Sellar and C. Anderson

AN ACT Relating to fees for making small loans; and amending RCW 31.04.005 and 31.04.105.

Referred to Committee on Financial Institutions and Housing.

SB 5280             by Senators Smith, Roach, West, Bauer, Schow, Finkbeiner, Johnson, Hale, Kohl, Deccio, Drew and Rasmussen

AN ACT Relating to tax deferrals for a new thoroughbred race track facility; and adding a new chapter to Title 82 RCW.

Referred to Committee on Labor, Commerce and Trade.

SB 5281             by Senators Heavey, Pelz, Roach, Deccio, Kohl, West, Drew and Rasmussen

AN ACT Relating to Washington thoroughbred racing; amending RCW 67.16.105; creating new sections; and declaring an emergency.

Referred to Committee on Labor, Commerce and Trade.

SB 5282             by Senators Fraser and Newhouse (by request of Department of Revenue)

AN ACT Relating to confidentiality of certain information of the department of revenue; amending RCW 82.32.330; creating a new section; providing an effective date; and declaring an emergency.

Referred to Committee on Law and Justice.

SB 5283             by Senators C. Anderson, McCaslin and Wojahn

AN ACT Relating to the optometry board; amending RCW 18.54.030; and declaring an emergency.

Referred to Committee on Health and Long-Term Care.

SB 5284             by Senators C. Anderson, McCaslin and Wojahn

AN ACT Relating to the optometry board; and amending RCW 18.54.070

Referred to Committee on Health and Long-Term Care.

SB 5285             by Senators Bauer, Wood, Sheldon and Kohl (by request of Higher Education Coordinating Board)

AN ACT Relating to the tuition recovery trust fund; amending RCW 28B.85.200 and 28B.85.210; and declaring an emergency.

Referred to Committee on Higher Education.

SB 5286             by Senators Bauer, Wood, Sheldon and Kohl (by request of Higher Education Coordinating Board)

AN ACT Relating to the state educational trust fund; and amending RCW 28B.10.821.

Referred to Committee on Higher Education.

SB 5287             by Senators Wood, Sheldon, Bauer, Kohl, Rasmussen and Hochstatter (by request of Higher Education Coordinating Board)

AN ACT Relating to student financial aid; and amending RCW 28B.80.160.

Referred to Committee on Higher Education.

SB 5288             by Senators Wood, Sheldon, Bauer, Kohl and Rasmussen (by request of Higher Education Coordinating Board)

AN ACT Relating to the Washington scholars program; amending RCW 28A.600.130, 28B.15.543, 28B.80.245, and 28B.80.246; providing an effective date; and declaring an emergency.

Referred to Committee on Higher Education.

SB 5289             by Senators Bauer, Wood, Sheldon, Kohl and Rasmussen (by request of Higher Education Coordinating Board)

AN ACT Relating to the future teachers conditional scholarship program; amending RCW 28B.102.020, 28B.102.060, and 28B.102.900; providing an effective date; and declaring an emergency.

Referred to Committee on Higher Education.

SB 5290             by Senators Kohl, Sheldon and Bauer (by request of Higher Education Coordinating Board)

AN ACT Relating to the doctoral fellowship for faculty diversity program; and adding a new chapter to Title 28B RCW.

Referred to Committee on Higher Education.

SB 5291             by Senators Sheldon and Hochstatter

AN ACT Relating to eliminating the requirement of port districts to file tariffs with the utilities and transportation commission; and amending RCW 53.08.070.

Referred to Committee on Transportation.

SB 5292             by Senators Sutherland and Finkbeiner

AN ACT Relating to civil penalties for violation of gas pipeline safety regulations; amending RCW 80.28.212; and prescribing penalties.

Referred to Committee on Energy, Telecommunications and Utilities.

SB 5293             by Senators Quigley, Loveland and Strannigan

AN ACT Relating to state indebtedness; amending RCW 39.42.060, 39.94.010, and 39.94.030; providing an effective date; and declaring an emergency.

Referred to Committee on Ways and Means.

SB 5294             by Senators Sheldon, Winsley, C. Anderson, Haugen, Palmer and Roach

AN ACT Relating to retirement provisions for municipal fire fighters; and amending RCW 41.24.030.

Referred to Committee on Government Operations.

SB 5295             by Senators Drew, McCaslin, Haugen, Winsley, Sheldon and C. Anderson

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.

SB 5296             by Senators Quigley, Moyer and Winsley (by request of Department of Health)

AN ACT Relating to health facilities and services; amending RCW 70.38.015, 70.38.025, 70.38.105, 70.38.115, 70.38.125, and 70.38.135; creating new sections; decodifying RCW 70.38.155, 70.38.156, 70.38.157, 70.38.914, 70.38.915, 70.38.916, 70.38.917, 70.38.918, and 70.38.919; repealing RCW 70.38.095, 70.38.105, 70.38.111, 70.38.115, 70.38.125, and 70.38.220; providing an effective date; and declaring an emergency.

Referred to Committee on Health and Long-Term Care.

SB 5297             by Senators Quigley, Moyer, Deccio, Franklin, Winsley and Wood (by request of Department of Health)

AN ACT Relating to the licensure of ambulatory surgical centers; adding a new chapter to Title 70 RCW; prescribing penalties; providing an effective date; and declaring an emergency.

Referred to Committee on Health and Long-Term Care.

SB 5298             by Senators C. Anderson, Deccio, Franklin and Palmer

AN ACT Relating to health care professionals doing business as professional service corporations or limited liability companies; and amending RCW 18.100.050 and 25.15.045.

Referred to Committee on Law and Justice.

SB 5299             by Senator Heavey

AN ACT Relating to civil actions for injury or death involving members of the law enforcement officers' and fire fighters' retirement system; adding new sections to chapter 41.26 RCW; recodifying RCW 41.26.270 and 41.26.281; and repealing RCW 41.26.480.

Referred to Committee on Labor, Commerce and Trade.

SB 5300             by Senators Heavey, Pelz and Oke

AN ACT Relating to cigarette sales and advertising; and amending RCW 70.155.040.

Referred to Committee on Health and Long-Term Care.

SB 5301             by Senators Heavey, Pelz, Winsley, Hochstatter and Oke

AN ACT Relating to compacts limiting tribal gaming activities; amending RCW 9.46.360; and creating a new section.

Referred to Committee on Labor, Commerce and Trade.

SB 5302             by Senator Heavey

AN ACT Relating to limiting premium liability of workers for industrial insurance; and amending RCW 51.16.140.

Referred to Committee on Labor, Commerce and Trade.

SB 5303             by Senators Heavey, Quigley, Winsley, Deccio, Hochstatter and Oke

AN ACT Relating to official travel by public officers and employees; amending RCW 42.52.010, 42.23.070, and 42.23.050; adding new sections to chapter 42.52 RCW; creating a new section; and prescribing penalties.

Referred to Committee on Government Operations.

SB 5304             by Senators Heavey, Sellar, Schow, Oke, Kohl, Roach, Wood, Sheldon, Winsley, Fraser and Long

AN ACT Relating to vehicle identification number inspections on out-of-state vehicles; and adding a new section to chapter 43.43 RCW.

Referred to Committee on Transportation.

SB 5305             by Senators Heavey, Schow, Sheldon, Oke, Wood and Winsley

AN ACT Relating to the use of county auditors and subagents by the director of licensing; and adding a new section to chapter 46.20 RCW.

Referred to Committee on Transportation.

SB 5306             by Senators Kohl, Roach, Schow, Winsley, Long, Wood, Heavey and Rasmussen

AN ACT Relating to taxation of landscape maintenance and horticultural services; amending RCW 82.04.050; and providing an effective date.

Referred to Committee on Ways and Means.

SB 5307             by Senators Kohl, Winsley, Schow, Long, Wood, Heavey, Roach and Hochstatter

AN ACT Relating to coin-operated laundry facilities; amending RCW 82.04.050; and providing an effective date.

Referred to Committee on Ways and Means.

SB 5308             by Senators Fairley, Moyer, Franklin and Deccio (by request of Department of Health)

AN ACT Relating to the use of examinations in the credentialing of health professionals; amending RCW 18.25.030, 18.32.050, 18.34.080, 18.29.021, 18.29.120, 18.53.060, 18.54.070, 18.64A.020, 18.74.035, 18.83.070, 18.83.072, 18.92.030, 18.92.100, 18.108.030, 18.108.050, and 18.108.073; and reenacting and amending RCW 18.74.023.

Referred to Committee on Health and Long-Term Care.

SB 5309             by Senators Morton, Rasmussen, Deccio and Hochstatter

AN ACT Relating to entry for the purposes of water pollution investigations on agricultural land; amending RCW 90.48.120; adding a new section to chapter 90.48 RCW; and creating a new section.

Referred to Committee on Ecology and Parks.

SB 5310             by Senators Haugen, Winsley, Wojahn and Prince (by request of Washington State Historical Society)

AN ACT Relating to heritage capital projects; adding a new section to chapter 27.34 RCW; and creating a new section.

Referred to Committee on Government Operations.

SB 5311             by Senators Haugen and McCaslin

AN ACT Relating to repayment of cost of counsel provided to indigent persons; and amending RCW 10.101.005 and 10.101.020.

Referred to Committee on Law and Justice.

SB 5312             by Senators Rasmussen, Oke, Winsley, Haugen and Palmer

AN ACT Relating to children possessing firearms; amending RCW 9.41.042; and adding a new section to chapter 77.32 RCW.

Referred to Committee on Law and Justice.

SB 5313             by Senators Rasmussen, Owen, Roach, Winsley and Hargrove

AN ACT Relating to farm vehicle exceptions to commercial driver's license requirements; and amending RCW 46.25.050.

Referred to Committee on Transportation.

SB 5314             by Senators Rasmussen, Morton, Loveland, Newhouse and Fraser (by request of Department of Agriculture)

AN ACT Relating to weights and measures; amending RCW 19.94.010, 19.94.160, 19.94.165, 19.94.175, 19.94.185, 19.94.190, 19.94.216, 19.94.255, 19.94.280, 19.94.320, 19.94.360, and 19.94.410; adding new sections to chapter 19.94 RCW; adding a new section to chapter 15.80 RCW; providing an effective date; and declaring an emergency.

Referred to Committee on Agriculture and Agricultural Trade and Development.

SB 5315             by Senators Rasmussen, Morton, Loveland, Newhouse and Roach (by request of Department of Agriculture)

AN ACT Relating to agriculture and marketing; amending RCW 15.36.012, 15.36.071, 15.36.171, 15.36.221, 15.36.411, 15.36.441, 15.36.551, 69.04.060, 69.04.070, 69.07.100, 69.07.085, 69.25.020, 69.25.050, 69.25.150, 69.25.170, 69.25.250, 69.25.310, 69.25.320, 69.25.340, 15.53.901, 15.53.9012, 15.53.9014, 15.53.9016, 15.53.9018, 15.53.902, 15.53.9022, 15.53.9024, 15.53.9038, 15.53.904, 15.53.9042, 15.53.9053, 16.57.220, 16.57.230, 16.57.240, 16.57.280, 16.57.290, 16.65.030, 15.44.033, and 43.88.240; reenacting and amending RCW 69.07.040 and 16.57.220; reenacting RCW 15.36.431; adding a new section to chapter 69.04 RCW; adding a new section to chapter 15.53 RCW; adding new sections to chapter 16.65 RCW; adding new sections to chapter 43.23 RCW; adding a new chapter to Title 69 RCW; repealing RCW 69.08.010, 69.08.020, 69.08.030, 69.08.040, 69.08.045, 69.08.050, 69.08.060, 69.08.070, 69.08.080, 69.08.090, 69.25.330, 15.53.9036, 15.53.905, and 15.53.9052; repealing 1994 c 46 s 21; prescribing penalties; providing effective dates; providing an expiration date; and declaring an emergency.

Referred to Committee on Agriculture and Agricultural Trade and Development.

SB 5316             by Senators Morton, Haugen, Rasmussen, Swecker, Newhouse, Prince, Hochstatter, West, Winsley, Deccio, Palmer and Roach

AN ACT Relating to water resource governance; amending RCW 43.20.230, 43.21A.020, 43.21A.061, 43.21A.064, 43.21A.067, 43.21A.445, 43.21B.110, 43.21B.300, 43.21B.310, 43.27A.020, 43.27A.090, 43.27A.130, 43.27A.190, 89.16.040, 89.16.045, 89.16.050, 89.16.055, 89.16.060, 89.16.080, 89.30.055, 89.30.058, 89.30.070, 89.30.427, 90.03.005, 90.03.015, 90.03.130, 90.03.247, 90.03.345, 90.03.360, 90.03.383, 90.03.386, 90.03.390, 90.03.471, 90.03.600, 90.08.040, 90.14.041, 90.14.043, 90.14.061, 90.14.065, 90.14.091, 90.14.101, 90.14.111, 90.14.130, 90.14.150, 90.14.180, 90.14.190, 90.14.200, 90.14.230, 90.16.060, 90.16.090, 90.22.010, 90.22.030, 90.22.040, 90.24.010, 90.24.030, 90.24.040, 90.24.050, 90.24.060, 90.38.010, 90.40.090, 90.42.020, 90.44.035, 90.44.130, 90.44.400, 90.44.410, 90.44.410, 90.44.420, 90.44.430, 90.44.450, 90.46.005, 90.46.020, 90.46.030, 90.46.040, 90.54.010, 90.54.100, 90.54.110, 90.54.120, 90.54.130, 90.54.140, 90.54.150, 90.66.040, 90.66.080, and 90.54.040; reenacting and amending RCW 43.17.010, 43.17.020, and 43.83B.300; adding a new section to chapter 43.21A RCW; adding a new section to chapter 90.03 RCW; adding new sections to chapter 90.54 RCW; adding new sections to chapter 43.27A RCW; adding a new chapter to Title 43 RCW; creating new sections; providing effective dates; providing an expiration date; and declaring an emergency.

Referred to Committee on Senate Select Committee on Water Policy.

SB 5317             by Senators Morton, Haugen, West, Winsley, Deccio, Rasmussen and Roach

AN ACT Relating to water resource governance; amending RCW 43.20.230, 43.21A.020, 43.21A.061, 43.21A.064, 43.21A.067, 43.21A.445, 43.21B.110, 43.21B.300, 43.21B.310, 43.27A.020, 43.27A.090, 43.27A.130, 43.27A.190, 89.16.040, 89.16.045, 89.16.050, 89.16.055, 89.16.060, 89.16.080, 89.30.055, 89.30.058, 89.30.070, 89.30.427, 90.03.005, 90.03.015, 90.03.130, 90.03.247, 90.03.345, 90.03.360, 90.03.383, 90.03.386, 90.03.390, 90.03.471, 90.03.600, 90.08.040, 90.14.041, 90.14.043, 90.14.061, 90.14.065, 90.14.091, 90.14.101, 90.14.111, 90.14.130, 90.14.150, 90.14.180, 90.14.190, 90.14.200, 90.14.230, 90.16.060, 90.16.090, 90.22.010, 90.22.030, 90.22.040, 90.24.010, 90.24.030, 90.24.040, 90.24.050, 90.24.060, 90.38.010, 90.40.090, 90.42.020, 90.44.035, 90.44.130, 90.44.400, 90.44.410, 90.44.410, 90.44.420, 90.44.430, 90.44.450, 90.46.005, 90.46.020, 90.46.030, 90.46.040, 90.54.010, 90.54.100, 90.54.110, 90.54.120, 90.54.130, 90.54.140, 90.54.150, 90.66.040, and 90.66.080; reenacting and amending RCW 43.17.010, 43.17.020, and 43.83B.300; adding a new section to chapter 43.21A RCW; adding a new section to chapter 90.03 RCW; adding a new chapter to Title 43 RCW; creating a new section; providing effective dates; providing an expiration date; and declaring an emergency.

Referred to Committee on Senate Select Committee on Water Policy.

SB 5318             by Senators Morton, Haugen, West, Winsley, Deccio, Rasmussen, Palmer and Roach

AN ACT Relating to adjudication and regulation of water rights; amending RCW 90.03.015, 90.03.110, 90.03.120, 90.03.130, 90.03.140, 90.03.200, 43.21A.064, and 90.14.140; adding new sections to chapter 90.03 RCW; adding a new section to chapter 43.27A RCW; creating a new section; and repealing RCW 90.03.160, 90.03.170, and 90.03.190.

Referred to Committee on Senate Select Committee on Water Policy.

SB 5319             by Senators Morton, Haugen, West, Winsley, Deccio, Rasmussen and Palmer

AN ACT Relating to regional water resource planning process; amending RCW 90.54.040; and adding new sections to chapter 90.54 RCW.

Referred to Committee on Senate Select Committee on Water Policy.

SB 5320             by Senator McCaslin

AN ACT Relating to the use of physical force against intruders; adding a new section to chapter 9A.16 RCW; and creating a new section.

Referred to Committee on Law and Justice.

SB 5321             by Senator Loveland

AN ACT Relating to county officials; amending RCW 84.04.060 and 84.56.340; and repealing RCW 36.33.180.

Referred to Committee on Government Operations.

SB 5322             by Senators Gaspard, Roach, McDonald, Rinehart, Heavey, Johnson, Franklin, Loveland, West and Winsley

AN ACT Relating to a death benefit award for certain law enforcement officers, fire fighters, and commissioned employees of the Washington state patrol who die in the line of duty; adding a new section to chapter 41.04 RCW; adding a new section to chapter 41.26 RCW; adding a new section to chapter 43.43 RCW; and declaring an emergency.

Referred to Committee on Ways and Means.

SB 5323             by Senator Owen

AN ACT Relating to the regulation of private school buses; amending RCW 46.32.010 and 46.37.193; adding a new section to chapter 46.04 RCW; and adding a new section to chapter 46.37 RCW.

Referred to Committee on Transportation.

SB 5324             by Senators Pelz, A. Anderson, West and Bauer

AN ACT Relating to the definition of a school bus driver; and amending RCW 28A.160.210.

Referred to Committee on Labor, Commerce and Trade.

MOTION

      On motion of Senator Spanel, the Senate reverted to the fourth order of business.

MESSAGE FROM THE HOUSE

January 16, 1995

MR. PRESIDENT:

      The House has adopted HOUSE CONCURRENT RESOLUTION NO. 4402, and the same is herewith transmitted.

SHARON HAYWARD, Deputy Chief Clerk

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

INTRODUCTION AND FIRST READING OF HOUSE BILL

HCR 4402          by Representatives Foreman and Appelwick

Calling for a Joint Session to receive an address from the Washington State Supreme Court Chief Justice Barbara Durham.

MOTIONS

      On motion of Senator Spanel, the rules were suspended, House Concurrent Resolution No. 4402 was advanced to second reading and read the second time.

      On motion of Senator Spanel, the rules were suspended, House Concurrent Resolution No. 4402 was advanced to third reading, the second reading considered the third and the concurrent resolution was adopted.

      HOUSE CONCURRENT RESOLUTION NO. 4402 was adopted by voice vote.

MOTION

      At 10:16 a.m., on motion of Senator Spanel, the Senate was declared to be at ease.

      The Senate was called to order at 11:52 a.m. by President Pritchard.

MOTION

      On motion of Senator Spanel, the Senate advanced to the eighth order of business.

MOTION

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

SENATE RESOLUTION 1995-8601

By Senators Gaspard and Snyder

      BE IT RESOLVED, That the Rules of the Senate for the 1993 Regular Session of the 53rd Legislature be adopted, as amended, as the Rules for the 1995 Regular Session of the 54th Legislature, to read as follows:

PERMANENT RULES

OF THE

SENATE

FIFTY-FOURTH LEGISLATURE

1995

SECTION I - OFFICERS-MEMBERS-EMPLOYEES

      Rule          1           Duties of the President

      Rule          2           President Pro Tempore

      Rule          3           Secretary of the Senate

      Rule          4           Sergeant at Arms

      Rule          5           Subordinate Officers

      Rule          6           Employees

      Rule          7           Conduct of Members and Officers

SECTION II - OPERATIONS AND MANAGEMENT

      Rule          8           Payment of Expenses - Facilities and Operations

      Rule          9           Use of Senate Chambers

      Rule        10           Admission to the Senate

      Rule        11           Printing of Bills

      Rule        12           Furnishing Full File of Bills

      Rule        13           Regulation of Lobbyists

      Rule        14           Security Management

SECTION III - RULES AND ORDER

      Rule        15           Time of Convening

      Rule        16           Quorum

      Rule        17           Order of Business

      Rule        18           Special Order

      Rule        19           Unfinished Business

      Rule        20           Motions and Senate Floor Resolutions (How Presented)

      Rule        21           Precedence of Motions

      Rule        22           Voting

      Rule        23           Announcement of Vote

      Rule        24           Call of the Senate

      Rule        25           One Subject in a Bill

      Rule        26           No Amendment by Mere Reference to Title of Act

      Rule        27           Reading of Papers

      Rule        28           Comparing Enrolled and Engrossed Bills

SECTION IV - PARLIAMENTARY PROCEDURE

      Rule        29           Rules of Debate

      Rule        30           Recognition by the President

      Rule        31           Call for Division of a Question

      Rule        32           Point of Order - Decision Appealable

      Rule        33           Question of Privilege

      Rule        34           Protests

      Rule        35           Suspension of Rules

      Rule        36           Previous Question

      Rule        37           Reconsideration

      Rule        38           Motion to adjourn

      Rule        39           Yeas and Nays - When Must be Taken

      Rule        40           Reed's Parliamentary Rules

SECTION V - COMMITTEES

      Rule        41           Committees - Appointment and Confirmation

      Rule        42           Subcommittees

      Rule        43           Subpoena Power

      Rule        44           Duties of Committees

      Rule        45           Committee Rules

      Rule        46           Committee Meetings During Sessions

      Rule        47           Reading of Reports

      Rule        48           Recalling Bills from Committees

      Rule        49           Bills Referred to Rules Committee

      Rule        50           Rules Committee

      Rule        51           Employment Committee

      Rule        52           Committee of the Whole

      Rule        53           Appropriation Budget Bills

SECTION VI - BILLS, RESOLUTIONS, MEMORIALS AND GUBERNATORIAL

APPOINTMENTSRule54Definitions

      Rule        55           Prefiling

      Rule        56           Introduction of Bills

      Rule        57           Amendatory Bills

      Rule        58           Joint Resolutions and Memorials

      Rule        59           Senate Concurrent Resolutions

      Rule        60           Committee Bills

      Rule        61           Committee Reference

      Rule        62           Reading of Bills

      Rule        63           First Reading

      Rule        64           Second Reading/Amendments

      Rule        65           Third Reading

      Rule        66           Scope and Object of Bill Not to be Changed

      Rule        67           Matter Related to Disagreement Between the Senate and House

      Rule        68           Bills Committed for Special Amendment

      Rule        69           Confirmation of Gubernatorial Appointees

SECTION I

OFFICERS-MEMBERS-EMPLOYEES

Duties of the President

        Rule 1.    1.             The president shall take the chair and call the senate 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. (See also Art. 3, Sec. 16, State Constitution.)

        2.             The president shall preserve order and decorum, and in case of any disturbance or disorderly conduct within the chamber, legislative area, legislative offices or buildings, and legislative hearing and meeting rooms, shall order the sergeant at arms to suppress the same, and may order the arrest of any person creating any disturbance within the senate chamber.

        3.             The president shall have charge of and see that all officers and employees perform their respective duties, and shall have general control of the senate chamber and wings. (See also Art. 2, Sec. 10, State Constitution.)

        4.             The president may speak to points of order in preference to members, arising from the president's seat for that purpose, and shall decide all questions of order subject to an appeal to the senate by any member, on which appeal no member shall speak more than once without leave of the senate.

        5.             The president shall, in open session, sign all acts, addresses and joint resolutions. The president shall sign all writs, warrants and subpoenas issued by order of the senate, all of which shall be attested by the secretary. (See also Art. 2, Sec. 32, State Constitution.)

        6.             The president shall appoint all conference, special, joint and hereinafter named standing committees on the part of the senate. The appointment of the conference, special, joint and standing committees shall be confirmed by the senate. In the event the senate refuses to confirm any conference, special, joint or standing committee or committees, such committee or committees shall be elected by the senate.

        7.             The president shall, on each day, announce to the senate the business in order, and no business shall be taken up or considered until the order to which it belongs shall be declared.

        8.             The president shall decide and announce the result of any vote taken.

        9.             When a vote of the senate is equally divided, the lieutenant governor, when presiding, shall have the deciding vote on questions other than the final passage of a bill. (See also Art. 2, Sec. 10 and 22, State Constitution.)

President Pro Tempore

        Rule 2.    1.             Upon the organization of the senate the members shall elect one of their number as president pro tempore who shall have all the powers and authority and who shall discharge all the duties of lieutenant governor acting as president during the lieutenant governor's absence. The senate shall also elect a vice-president pro tempore who will serve in the absence of the lieutenant governor and the president pro tempore. (See Art. 2, Sec. 10, State Constitution.)

        2.             In the absence of the president pro tempore, and vice president pro tempore, or with their consent, the president shall have the right to name any senator to perform the duties of the chair, but such substitution shall not extend beyond an adjournment, nor authorize the senator so substituted to sign any documents requiring the signature of the president.

Secretary of the Senate

        Rule 3.    1.             The senate shall elect a secretary, who shall appoint a deputy secretary, both of whom shall be officers of the senate and shall perform the usual duties pertaining to their offices, and they shall hold office until their successors have been elected or appointed.

        2.             The secretary is the Personnel Officer of the senate and shall appoint, subject to the approval of the senate, all other senate employees and the hours of duty and assignments of all senate employees shall be under the secretary's directions and instructions and they may be dismissed at the secretary's discretion.

        3.             The secretary of the senate, prior to the convening of the next regular session, shall prepare his office to receive bills which the holdover members and members-elect may desire to prefile commencing with the first Monday in December preceding any regular session or twenty days prior to any special session of the legislature.

Sergeant at Arms

        Rule 4.    1.             The senate shall elect a sergeant at arms who shall perform the usual duties pertaining to that office, and shall hold office until a successor has been elected.

        2.             The sergeant at arms shall not admit to the floor of the senate during the time the senate is not convened any person other than specifically requested by a senator, the president, or the secretary of the senate, in writing or when personally accompanied by a senator.

Subordinate Officers

        Rule 5.    The subordinate officers of the senate shall perform such duties as usually pertain to their respective positions in legislative bodies under the direction of the president, and such other duties as the senate may impose upon them. Under no circumstances shall the compensation of any employee be increased for past services. (See also Art. 2, Sec. 25, State Constitution.)

Employees

        Rule 6.    1.             No senate employee shall lobby in favor of or against any matter under consideration.

        2.             Senate employees are governed by joint rules and chapters 42.17 (the Public Disclosure Act) and 42.52 RCW (the Ethics in Public Service Act.

Conduct of Members and Officers

        Rule 7.    1.             Indecorous conduct, boisterous or unbecoming language will not be permitted in the senate at any time.

        2.             In cases of breach of decorum or propriety, any senator, officer or other person shall be liable to such censure or punishment as the senate may deem proper, and if any senator be called to order for offensive or indecorous language or conduct, the person calling the senator to order shall report the language excepted to which shall be taken down or noted at the secretary's desk. No member shall be held to answer for any language used upon the floor of the senate if business has intervened before exception to the language was thus taken and noted.

        3.             If any senator in speaking, or otherwise, transgresses the rules of the senate, the president shall, or any senator may, call that senator to order, and a senator so called to order shall resume the senator's seat and not proceed without leave of the senate, which leave, if granted, shall be upon motion "that the senator be allowed to proceed in order," when, if carried, the senator shall speak to the question under consideration.

        4.             No senator shall be absent from the senate without leave, except in case of accident or sickness, and if any senator or officer shall be absent the senator's per diem shall not be allowed or paid, and no senator or officer shall obtain leave of absence or be excused from attendance without the consent of a majority of the members present.

        5.             In the event of a motion or resolution to censure or punish, or any procedural motion thereto involving a senator, that senator shall not vote thereon. The senator shall be allowed to answer to such motion or resolution. An election or vote by the senate on a motion to censure or punish a senator shall require the vote of a majority of all senators elected or appointed to the senate. A vote to expel a member shall require a two-thirds concurrence of all members elected or appointed to the senate. All votes shall be taken by yeas and nays and the votes shall be entered upon the journal. (See also Art. 2, Sec. 9, State Constitution.)

SECTION II

OPERATIONS AND MANAGEMENT

Payment of Expenses - Facilities and Operations

        Rule 8.    1.             After the reorganization caucuses of the Senate, the majority caucus shall designate four members and the minority caucus shall designate three members to serve on the Facilities and Operations Committee. The chair of the majority caucus shall be the chair of the Facilities and Operations Committee. The operation of the Senate shall transfer to the newly designated members after the reorganization caucuses of the Senate.

        2.             All necessary expenses of the senate incurred during the session shall be signed for by the secretary and approved by a majority of the committee on facilities and operations. The committee on facilities and operations shall carefully consider all items of expenditure ordered or contracted on the part of the senate, and report upon the same prior to the voucher being signed by the secretary of the senate authorizing the payment thereof. The committee on facilities and operations shall issue postage only as follows:

        a)            To elected or appointed members of the senate in an amount sufficient to allow performance of their legislative duties.

        b)            To the secretary of the senate in an amount sufficient to carry out the business of the senate.

Use of Senate Chambers

        Rule 9.    The senate chamber and its facilities shall not be used for any but legislative business, except by permission of the senate while in session, or by the facilities and operations committee when not in session.

Admission to the Senate

        Rule 10.  The sergeant at arms shall admit only the following individuals to the floor and adjacent areas of the senate for the period of time beginning one-half hour before convening and ending when the senate has adjourned or recessed for an hour or more:

        The governor and/or designees,

        Members of the house of representatives,

        State elected officials,

        Officers and authorized employees of the legislature,

        Honored guests being presented to the senate,

        Former members of the senate who are not registered lobbyists pursuant to chapter 42.17 RCW,

        Representatives of the press,

        Persons specifically requested by a senator to the president in writing or only as long as accompanied by a senator.

Printing of Bills

        Rule 11.  The number of bills printed and reprinted shall be at the discretion of the secretary of the senate, with the approval of the facilities and operations committee.

Furnishing Full File of Bills

        Rule 12.  Persons, firms, corporations and organizations within the state, desirous of receiving copies of all printed senate bills, shall make application therefor to the secretary of the senate. The bill clerk shall send copies of all printed senate bills to such persons, firms, corporations and organizations as may be ordered by the secretary of the senate. The secretary of the senate is authorized to recoup costs.

Regulation of Lobbyists

        Rule 13.  All persons who engage in lobbying of any kind as defined in chapter 42.17 RCW shall be subject to the rules of the senate and legislature when lobbying before the senate. Any person who fails to conform to the senate or joint rules may have their privilege to lobby and all other privileges revoked upon a majority vote of the committee on rules for such time as is deemed appropriate by the committee.

        Any person registered as a lobbyist pursuant to chapter 42.17 RCW who intervenes in or attempts to influence any personnel decision of the senate regarding any employee may suffer an immediate revocation of all privileges before the senate or such other privileges and for such time as may be deemed appropriate by the senate committee on rules. This restriction shall not prohibit a registered lobbyist from making written recommendations for staff positions.

Security Management

        Rule 14.  The sergeant at arms may develop methods to protect the Senate, including its members, staff, and the visiting public, by establishing procedures to curtail the use or possession of any weapon in a manner that is prohibited by law or by the rules of the Department of General Administration.

SECTION III

RULES AND ORDER

Time of Convening

        Rule 15.  The senate shall convene at 10:00 a.m. each working day, unless adjourned to a different hour. The senate shall adjourn not later than 10:00 p.m. of each working day. The senate shall recess ninety minutes for lunch each working day. When reconvening on the same day the senate shall recess ninety minutes for dinner each working evening. This rule may be suspended by a majority.

Quorum

        Rule 16.  A majority of all members elected to the senate shall be necessary to constitute a quorum to do business. Less than a quorum may adjourn from day to day until a quorum can be had. (See Art. 2, Sec. 8, State Constitution.)

Order of Business

        Rule 17.  After the roll is called and journal read and approved, business shall be disposed of in the following order:

        FIRST.               Reports of standing committees.

        SECOND.               Reports of select committees.

        THIRD.                  Messages from the governor and other state officers.

        FOURTH.               Messages from the house of representatives.

        FIFTH.                   Introduction, first reading and reference of bills, joint memorials, joint resolutions and concurrent                             resolutions.

        SIXTH.                   Second reading of bills.

        SEVENTH.            Third reading of bills.

        EIGHTH.                Presentation of petitions, memorials and floor resolutions.

        NINTH.                  Presentation of motions.

        The order of business established by this rule may be changed and any order of business already dealt with may be reverted or advanced to by a majority vote of those present.

        All questions relating to the priority of business shall be decided without debate.

        Messages from the governor, other state officers, and from the house of representatives may be considered at any time with the consent of the senate.

Special Order

        Rule 18.  The president shall call the senate to order at the hour fixed for the consideration of a special order, and announce that the special order is before the senate, which shall then be considered unless it is postponed by a majority vote of the members present, and any business before the senate at the time of the announcement of the special order shall take its regular position in the order of business.

Unfinished Business

        Rule 19.  The unfinished business at the preceding adjournment shall have preference over all other matters, excepting special orders, and no motion or any other business shall be received without special leave of the senate until the former is disposed of.

Motion and Senate Floor Resolutions

(How Presented)

        Rule 20.  1.             No motion shall be entertained or debated until announced by the president and every motion shall be deemed to have been seconded. It shall be reduced to writing and read by the secretary, if desired by the president or any senator, before it shall be debated, and by the consent of the senate may be withdrawn before amendment or action.

        2.             Senate floor resolutions shall be acted upon in the same manner as motions. All senate floor resolutions shall be on the secretary's desk at least twenty-four hours prior to consideration.

Precedence of Motions

        Rule 21.  When a motion has been made and stated by the chair the following motions are in order, in the rank named:

PRIVILEGED MOTIONS

        Adjourn or recess

        Reconsider

        Demand for call of the senate

        Demand for roll call

        Demand for division

        Question of privilege

        Orders of the day

INCIDENTAL MOTIONS

        Points of order and appeal

        Method of consideration

        Suspend the rules

        Reading papers

        Withdraw a motion

        Division of a question

SUBSIDIARY MOTIONS

        1st Rank:                To lay on the table

        2nd Rank:               For the previous question

        3rd Rank:                To postpone to a day certain

                                        To commit or recommit

                                        To postpone indefinitely

        4th Rank:                To amend

        No motion to postpone to a day certain, to commit, or to postpone indefinitely, being decided, shall again be allowed on the same day and at the same stage of the proceedings, and when a question has been postponed indefinitely it shall not again be introduced during the session.

        A motion to lay an amendment on the table shall not carry the main question with it unless so specified in the motion to table.

        At no time shall the senate entertain a Question of Consideration.

Voting

        Rule 22.  1.             In all cases of election by the senate, the votes shall be taken by yeas and nays, and no senator or other person shall remain by the secretary's desk while the roll is being called or the votes are being counted. No senator shall be allowed to vote except when within the bar of the senate, or upon any question upon which he or she is in any way personally or directly interested, nor be allowed to explain a vote or discuss the question while the yeas and nays are being called, nor change a vote after the result has been announced. (See also Art. 2, Secs. 27 and 30, State Constitution.)

        2.             A member not voting by reason of personal or direct interest, or by reason of an excused absence, may explain the reason for not voting by a brief statement not to exceed fifty words in the journal.

        3.             The yeas and nays shall be taken when called for by one-sixth of all the senators present, and every senator within the bar of the senate shall vote unless excused by the unanimous vote of the members present, and the votes shall be entered upon the journal. (See also Art. 2, Sec. 21. State Constitution.)

        When once begun the roll call may not be interrupted for any purpose other than to move a call of the senate. (See also Rule 24.)

        4.             A senator having been absent during roll call may ask to have his or her name called. Such a request must be made before the result of the roll call has been announced by the president.

        5.             The passage of a bill or action on a question is lost by a tie vote, but when a vote of the senate is equally divided, the lieutenant governor, when presiding, shall have the deciding vote on questions other than the final passage of a bill. (See also Art. 2, Secs. 10 and 22, State Constitution.)

        6.             The order of the names on the roll call shall be alphabetical by last name.

        7.             All votes in a committee shall be recorded, and the record shall be preserved as prescribed by the secretary of the senate. One-sixth of the committee may demand an oral roll call.

Announcement of Vote

        Rule 23.  The announcement of all votes shall be made by the president.

Call of the Senate

        Rule 24.  Although a roll call is in progress, a call of the senate may be moved by three senators, and if carried by a majority of all present the secretary shall call the roll, after which the names of the absentees shall again be called. The doors shall then be locked and the sergeant at arms directed to take into custody all who may be absent without leave, and all the senators so taken into custody shall be presented at the bar of the senate for such action as the senate may deem proper.

One Subject in a Bill

        Rule 25.  No bill shall embrace more than one subject and that shall be expressed in the title. (See also Art. 2, Sec. 19, State Constitution.)

No Amendment by Mere Reference to Title of Act

        Rule 26.  No act shall ever be revised or amended by mere reference to its title, but the act revised or the section amended shall be set forth at full length. (See also Art. 2, Sec. 37, State Constitution.)

Reading of Papers

        Rule 27.  When the reading of any paper is called for, and is objected to by any senator, it shall be determined by a vote of the senate, without debate.

        Any and all copies of reproductions of newspaper or magazine editorials, articles or cartoons or publications or material of any nature distributed to senators' desks must bear the name of at least one senator granting permission for the distribution. This shall not apply to materials normally distributed by the secretary of the senate or the majority or minority caucuses.

Comparing Enrolled and Engrossed Bills

        Rule 28.  Any senator shall have the right to compare an enrolled bill with the engrossed bill and may note any objections in the Journal.

SECTION IV

PARLIAMENTARY PROCEDURE

Rules of Debate

        Rule 29.  When any senator is about to speak in debate, or submit any matter to the senate, the senator shall rise, and standing in place, respectfully address the President, and when recognized shall, in a courteous manner, speak to the question under debate, avoiding personalities . No senator shall impeach the motives of any other member or speak more than twice (except for explanation) during the consideration of any one question, on the same day or a second time without leave, when others who have not spoken desire the floor, but incidental and subsidiary questions arising during the debate shall not be considered the same question. A majority of the members present may further limit the number of times a member may speak on any question and may limit the length of time a member may speak but, unless a demand for the previous question has been sustained, a member shall not be denied the right to speak at least once on each question, nor shall a member be limited to less than three minutes on each question. In any event, the senator who presents the motion may open and close debate on the question.

Recognition by the President

        Rule 30.  When two or more senators rise at the same time to address the chair, the president shall name the one who shall speak first, giving preference, when practicable, to the mover or introducer of the subject under consideration.

Call for Division of a Question

        Rule 31.  Any senator 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 senate; but a motion to strike out and insert shall not be divided.

Point of Order - Decision Appealable

        Rule 32.  Every decision of points of order by the president shall be subject to appeal by any senator, and discussion of a question of order shall be allowed. In all cases of appeal the question shall be: "Shall the decision of the chair stand as the judgment of the senate?"

Question of Privilege

        Rule 33.  Any senator may rise to a question of privilege and explain a personal matter by leave of the president, but shall not discuss any pending question in such explanations, nor shall any question of personal privilege permit any senator to introduce any person or persons in the galleries. The president upon notice received may acknowledge the presence of any distinguished person or persons.

        A question of privilege shall involve only subject matter which affects the particular senator personally and in a manner unique and peculiar to that senator.

Protests

        Rule 34.  Any senator or senators may protest against the action of the senate upon any question. Such protest may be entered upon the journal if it does not exceed 200 words. The senator protesting shall file the protest with the secretary of the senate within 48 hours following the action protested.

Adoption and Suspension of Rules

        Rule 35.  1.             The permanent senate rules adopted at the first regular session during a legislative biennium shall govern any session subsequently convened during the same legislative biennium. Adoption of permanent rules may be by majority of the senate without notice and a majority of the senate may change a permanent rule without notice at the beginning of any session, as determined pursuant to Article 2, Section 12 of the State Constitution. No permanent rule or order of the senate shall be rescinded or changed without a majority vote of the members, and one day's notice of the motion.

        2.             A permanent rule or order may be temporarily suspended for a special purpose by a vote of two-thirds of the members present unless otherwise specified herein. When the suspension of a rule is called, and after due notice from the president no objection is offered, the president may announce the rule suspended, and the senate may proceed accordingly. Motion for suspension of the rules shall not be debatable, except, the mover of the motion may briefly explain the purpose of the motion and at the discretion of the president a rebuttal may be allowed.

Previous Question

        Rule 36.  The previous question shall not be put unless demanded by three senators, and it shall then be in this form: "Shall the main question be now put?" When sustained by a majority of senators present it shall preclude all debate, except the senator who presents the motion may open and close debate on the question and the vote shall be immediately taken on the question or questions pending before the senate, and all incidental question or questions of order arising after the motion is made shall be decided whether on appeal or otherwise without debate.

Reconsideration

        Rule 37.  1.             After the final vote on any measure, before the adjournment of that day's session, any member who voted with the prevailing side may give notice of reconsideration unless a motion to immediately transmit the measure to the house has been decided in the affirmative and the measure is no longer in possession of the senate. Such motion to reconsider shall be in order only under the order of motions of the day immediately following the day upon which such notice of reconsideration is given, and may be made by any member who voted with the prevailing side.

        2.             A motion to reconsider shall have precedence over every other motion, except a motion to adjourn; and when the senate adjourns while a motion to reconsider is pending or before passing the order of motions, the right to move a reconsideration shall continue to the next day of sitting. On and after the tenth day prior to adjournment sine die of any session, as determined pursuant to Article 2, Section 12, or concurrent resolution, or in the event that the measure is subject to a senate rule or resolution or a joint rule or concurrent resolution, which would preclude consideration on the next day of sitting a motion to reconsider shall only be in order on the same day upon which notice of reconsideration is given and may be made at any time that day. Motions to reconsider a vote upon amendments to any pending question may be made and decided at once.

Motion to Adjourn

        Rule 38.  Except when under call of the senate, a motion to adjourn shall always be in order. The name of the senator moving to adjourn and the time when the motion was made shall be entered upon the journal.

Yeas and Nays - When Must be Taken

        Rule 39.  The yeas and nays shall be taken when called for by one-sixth of all the senators present, and every senator within the bar of the senate shall vote unless excused by the unanimous vote of the members present, and the votes shall be entered upon the journal. (See also Art. 2, Sec. 21, State Constitution.)

        When once begun the roll call may not be interrupted for any purpose other than to move a call of the senate. (See also Senate Rules 22 and 24.)

Reed's Parliamentary Rules

        Rule 40.  The rules of parliamentary practice as contained in Reed's Parliamentary Rules shall govern the senate in all cases to which they are applicable, and in which they are not inconsistent with the rules and orders of this senate and the joint rules of this senate and the house of representatives.

SECTION V

COMMITTEES

Committees - Appointment and Confirmation

        Rule 41.  The president shall appoint all conference, special, joint and standing committees on the part of the senate. The appointment of the conference, special, joint and standing committees shall be confirmed by the senate.

        In the event the senate shall refuse to confirm any conference, special, joint or standing committee or committees, such committee or committees shall be elected by the senate.

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

                    1.                Agriculture and Agricultural Trade and Development. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .              7

                    2.                Ecology and Parks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .              6

                    3.                Education. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .             7

                    4.                Energy, Telecommunications and Utilities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .              5

                    5.                Financial Institutions and Housing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .              7

                    6.                Government Operations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .             7

                    7.                Health and Long-Term Care. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .              9

                    8.                Higher Education. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .             9

                    9.                Human Services and Corrections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .            11

                  10.                Labor, Commerce and Trade. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .             9

                  11.                Law and Justice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .            11

                  12.                Natural Resources. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .            11

                  13.                Rules. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .           19

                  14.                Transportation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .            13

                  15.                Ways and Means. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .            25

Subcommittees

        Rule 42.  Committee chairs may create subcommittees of the standing committee and designate subcommittee chairs thereof to study subjects within the jurisdiction of the standing committee. The committee chair shall approve the use of committee staff and equipment assigned to the subcommittee. Subcommittee activities shall further be subject to facilities and operations committee approval to the same extent as are the actions of the standing committee from which they derive their authority.

Subpoena Power

        Rule 43.  Any of the above referenced committees, including subcommittees thereof, or any special committees created by the senate, 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. The committee chair shall file with the committee on rules, prior to issuance of any process, a statement of purpose setting forth the name or names of those subject to process. The rules committee shall consider every proposed issuance of process at a meeting of the rules committee immediately following the filing of the statement with the committee. The process shall not be issued prior to consideration by the rules committee. The process shall be limited to the named individuals and the committee on rules may overrule the service on an individual so named.

Duties of Committees

        Rule 44.  The several committees shall fully consider measures referred to them.

        The committees shall acquaint themselves with the interest of the state specially represented by the committee, and from time to time present such bills and reports as in their judgment will advance the interests and promote the welfare of the people of the state: PROVIDED, That no executive action on bills may be taken during an interim.

Committee Rules

        Rule 45.  1.             At least five days notice shall be given of all public hearings held by any committee other than the rules committee. Such notice shall contain the date, time and place of such hearing together with the title and number of each bill, or identification of the subject matter, to be considered at such hearing. By a majority vote of the committee members present at any committee meeting such notice may be dispensed with. The reason for such action shall be set forth in a written statement preserved in the records of the meeting.

        2.             No committee may hold a public hearing during a regular or extraordinary session on a proposal identified as a draft unless the draft has been made available to the public at least twenty-four hours prior to the hearing. This rule does not apply during the five days prior to any cutoff established by concurrent resolution nor does it apply to any measure exempted from the resolution.

        3.             During its consideration of or vote on any bill, resolution or memorial, the deliberations of any committee or subcommittee of the senate shall be open to the public. In case of any disturbance or disorderly conduct at any such deliberations, the chair shall order the sergeant at arms to suppress the same and may order the meeting closed to any person or persons creating such disturbance.

        4.             A majority of any committee shall constitute a quorum. Committees shall be considered to have a quorum present unless the question is raised. No committee shall transact official business absent a quorum except to conduct a hearing.

        5.             Bills reported to the senate from a standing committee must have a majority report, which shall be prepared upon a printed standing committee report form; shall carry one of the following recommendations, shall be adopted at a regularly or specially called meeting during a legislative session and shall be signed by a majority of the committee:

                        a.             Do pass.

                        b.             Do pass as amended.

                        c.             That a substitute bill be substituted therefor, and the substitute bill do pass.

                        d.             That the bill be referred to another committee.

                        e.             Without recommendation.

        6.             A majority report of a committee must carry the signatures of a majority of the members of the committee. In the event a committee has a quorum pursuant to subsection 3 of this rule, a majority of the members present may act on a measure, subject to obtaining the signatures of a majority of the members of the committee on the majority report.

        7.             Any measure which does not receive a majority vote of the members present may be reconsidered at that meeting and may again be considered upon motion of any committee member if one day's notice of said motion is provided to all committee members.

        8.             Members of the committee not concurring in the majority report may prepare a written minority report containing a different recommendation which shall be signed by those members of the committee subscribing thereto.

        9.             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 bill the first time and have the same ordered printed.

        A motion for the substitution of the substitute bill for the original bill shall not be in order until the committee on rules places the original bill on the second reading calendar.

        10.           No vote in any committee shall be taken by secret ballot nor shall any committee have a policy of secrecy as to any vote on action taken in such committee.

        11.           All reports of standing committees must be on the secretary's desk one hour prior to convening of the session in order to be read at said session.

Committee Meetings During Sessions

        Rule 46.  No committee shall sit during the daily session of the senate unless by special leave.

        No committee shall sit during any scheduled caucus.

Reading of Reports

        Rule 47.  The majority report, and minority report, if there be one, together with the names of the signers thereof, shall be read by the secretary, unless the reading be dispensed with by the senate, and all committee reports shall be spread upon the journal.

Recalling Bills from Committees

        Rule 48.  Any standing committee of the senate may be relieved of further consideration of any bill, regardless of prior action of the committee, by a majority vote of the senators elected. The senate may then make such orderly disposition of the bill as they may direct by a majority vote of the members of the senate.

Bills Referred to Rules Committee

        Rule 49.  All bills reported by a committee to the senate shall then be referred to the committee on rules for second reading without action on the report unless otherwise ordered by the senate. (See also Rules 63 and 64.)

Rules Committee

        Rule 50.  The lieutenant governor shall be a voting member and the chair of the committee on rules. The committee on rules shall have charge of the daily second and third reading calendar of the senate and shall direct the secretary of the senate the order in which the bills shall be considered by the senate and the committee on rules shall have the authority to directly refer any bill before them to any other standing committee. Such referral shall be reported out to the senate on the next day's business.

        The senate may change the order of consideration of bills on the second or third reading calendar.

        The calendar, except in emergent situations, as determined by the committee on rules, shall be on the desks and in the offices of the senators each day and shall cover the bills for consideration on the next following day.

Employment Committee

        Rule 51.  The employment committee for committee staff shall consist of five members, three from the majority party and two from the minority party. The chair shall be appointed by the majority leader. The committee shall, in addition to its other duties, appoint a staff director for committee services with the concurrence of four of its members. All other decisions shall be determined by majority vote. The committee shall operate within staffing, budget levels and guidelines as authorized and adopted by the facilities and operations committee.

Committee of the Whole

        Rule 52.  At no time shall the senate sit as a committee of the whole.

        The senate may at any time, by the vote of the majority of the members present, sit as a body for the purpose of taking testimony on any measure before the senate.

Appropriation Budget Bills

        Rule 53.  No amendment to the budget, capital budget or supplemental budget, not incorporated in the bill as reported by the ways and means committee, shall be adopted except by the affirmative vote of sixty percent of the senators elected.

SECTION VI

BILLS, RESOLUTIONS, MEMORIALS AND GUBERNATORIAL APPOINTMENTS

Definitions

        Rule 54.  "Measure" means a bill, joint memorial, joint resolution, or concurrent resolution.

        "Bill" when used alone means bill, joint memorial, joint resolution, or concurrent resolution.

        "Majority" shall mean a majority of those members present unless otherwise stated.

Prefiling

        Rule 55.  Holdover members and members-elect to the senate may prefile bills with the secretary of the senate on any day commencing with the first Monday in December preceding any session year; or twenty days prior to any special session of the legislature. Such bills will be printed, distributed and prepared for introduction on the first legislative day. No bill, joint memorial or joint resolution shall be prefiled by title and/or preamble only. (See also Rule 3, Sub. 3.)

Introduction of Bills

        Rule 56. All bills, joint resolutions and joint memorials introduced shall be endorsed with a statement of the title and the name of the member introducing the same. Any member desiring to introduce a bill, joint resolution or joint memorial shall file the same with the secretary of the senate by noon of the day before the convening of the session at which said bill, joint resolution or joint memorial is to be introduced.

        After the expiration of deadlines for bill introductions provided for by resolution, no bill shall be introduced, except as the legislature shall direct by a vote of two-thirds of all the members elected to each house, said vote to be taken by yeas and nays and entered upon the journal, or unless the same be at a special session. The time limitation for introduction of bills shall not apply to substitute bills reported by standing committees for bills pending before such committees and general appropriation and revenue bills. (See also Art. 2, Sec. 36, State Constitution.)

Amendatory Bills

        Rule 57.  Bills introduced in the senate intended to amend existing statutes shall have the words which are amendatory to such existing statutes underlined. Any matter to be deleted from the existing statutes shall be indicated by setting such matter forth in full, enclosed by double parentheses, and such deleted matter shall be lined out with hyphens. No bill shall be printed or acted upon until the provisions of this rule shall have been complied with.

        Sections added by amendatory bill to an existing act, or chapter of the official code, need not be underlined but shall be designated "NEW SECTION" in upper case type and such designation shall be underlined. New enactments need not be underlined.

Joint Resolutions and Memorials

        Rule 58.  Joint resolutions and joint memorials, up to the signing thereof by the president of the senate, shall be subject to the rules governing the course of bills.

Senate Concurrent Resolutions

        Rule 59.  Concurrent resolutions shall be subject to the rules governing the course of bills and may be adopted without a roll call. Concurrent resolutions authorizing investigations and authorizing the expenditure or allocation of any money must be adopted by roll call and the yeas and nays recorded in the journal. Concurrent resolutions are subject to final passage on the day of the first reading without regard to Senate Rule 62.

Committee Bills

        Rule 60.  Committee bills introduced by a standing committee during a legislative session may be filed with the secretary of the senate and introduced, and the signature of each member of the committee shall be endorsed upon the cover of the original bill.

        Committee bills shall be read the first time by title, ordered printed, and referred to the committee on rules for second reading.

Committee Reference

        Rule 61.  When a motion is made to refer a subject, and different committees are proposed, the question shall be taken in the following order:

FIRST:            A standing committee.

SECOND:      A select committee.

Reading of Bills

        Rule 62.  Every bill shall be read on three separate days unless the senate deems it expedient to suspend this rule. On and after the tenth day preceding adjournment sine die of any session, or three days prior to any cut-off date for consideration of bills, as determined pursuant to Article 2, Section 12 of the Constitution or concurrent resolution, this rule may be suspended by a majority vote. (See also Rule 59).

First Reading

        Rule 63.  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, bills shall be referred to an appropriate committee pursuant to Rule 61.

        Upon being reported back by committee, all bills shall be referred to the committee on rules for second reading, unless otherwise ordered by the senate. (See Rule 49.)

        A bill shall be reported back by the committee chair upon written petition therefor signed by a majority of its members. The petition shall designate the recommendation as provided in Rule 45, Sub. 4.

        No committee chair shall exercise a pocket veto of any bill.

        Should there be a two-thirds majority report of the committee membership against the bill, a vote shall be immediately ordered for the indefinite postponement of the bill.

Second Reading/Amendments

        Rule 64.  Upon second reading, the bill shall be read section by section, in full, and be subject to amendment.

        Any member may, if sustained by three members, remove a bill from the consent calendar as constituted by the committee on rules. A bill removed from the consent calendar shall take its place as the last bill in the order of consideration of bills on the second reading calendar.

        No amendment shall be considered by the senate until it shall have been sent to the secretary's desk in writing and read by the secretary.

        All amendments adopted on the second reading shall then be securely fastened to the original bill.

        All amendments rejected by the senate shall be spread upon the journal, and the journal shall show the disposition of all amendments.

        When no further amendments shall be offered, the president shall declare the bill has passed its second reading, and shall be referred to the committee on rules for third reading.

Third Reading

        Rule 65.  Bills on third reading shall be read in full by sections, and no amendment shall be entertained.

        When a bill shall pass, it shall be certified to by the secretary, together with the vote upon final passage, noting the day of its passage thereon.

        The vote must be taken by yeas and nays, the names of the senators voting for and against the same to be entered upon the journal and the majority of the members elected to the senate must be recorded thereon as voting in its favor to secure its passage by the senate.

Scope and Object of Bill Not to be Changed

        Rule 66.  No amendment to any bill shall be allowed which shall change the scope and object of the bill. (See also Art. 2, Sec. 38, State Constitution.) Substitute bills shall be considered amendments for the purposes of this rule.

Matters Related to Disagreement Between the Senate and House

        Rule 67.  When there is a disagreement between the senate and house on a measure before the senate, the senate may act upon the measure with the following motions which have priority in the following order:

        To concur

        To non-concur

        To recede

        To insist

        To adhere

        These motions are in order as to any single amendment or to a series of amendments. (See Reed's Rules 247 through 254.)

        A senate bill, passed by the house with amendment or amendments which shall change the scope and object of the bill, upon being received in the senate, shall be referred to an appropriate committee and shall take the same course as for original bills, unless a motion to ask the house to recede, to insist or to adhere is made prior to the measure being referred to committee.

Bills Committed for Special Amendment

        Rule 68.  A bill may be committed with or without special instructions to amend at any time before taking the final vote.

Confirmation of Gubernatorial Appointees

        Rule 69.  When the names of appointees to state offices are transmitted to the Secretary of the Senate for senate confirmation, the communication from the governor shall be recorded and referred to the appropriate standing committee.

        The standing committee, or subcommittee, pursuant to rule 42, shall require each appointee referred to the committee for consideration to complete the standard questionnaire to be used to ascertain the appointee's general background and qualifications. The committee may also require the appointee to complete a supplemental questionnaire related specifically to the qualifications for the position to which he has been appointed.

        The standing committee, or subcommittees, pursuant to rule 42, shall hold a public hearing on the appointment. The appointee may be required to appear before the committee on request. When appearing, the appointee shall be required to testify under oath or affirmation. The chair of the committee or the presiding member shall administer the oath or affirmation in accordance with RCW 44.16. (See also Article 2, Sec. 6 of the State Constitution.)

         Nothing in this rule shall be construed to prevent a standing committee, or subcommittee, pursuant to rule 42, upon a two-thirds vote of its members, from holding executive sessions when considering an appointment.

        When the committee on rules presents the report of the standing committee before the senate, the question shall be the confirmation of the name proposed, and the roll shall then be called and the yeas and nays entered upon the journal. In the event a message is received from the governor requesting return of an appointment or appointments to the office of the governor prior to confirmation, the senate shall vote upon the governor's request and the appointment or appointments shall be returned to the governor if the request is approved by a majority of the elected. (Article 13 of the State Constitution.)

MOTION

        At 11:54 a.m., on motion of Senator Spanel, the Senate adjourned until 12:00 noon, Thursday, January 19, 1995.

JOEL PRITCHARD, President of the Senate

MARTY BROWN, Secretary of the Senate