FIRST DAY

 


NOON SESSION

 

Senate Chamber, Olympia, Monday, January 14, 2013

 

At 12:00 noon, pursuant to law, the Senate of the 2011 Regular Session of the Sixty-Third Legislature of the State of Washington assembled in the Senate Chamber at the State Capitol. Lieutenant Governor Brad Owen, President of the Senate, called the Senate to order.

The Washington State Patrol Honor Guard consisting of Sergeant Ted Dehart, Olympia Criminal Investigation Division; Lieutenant Mike Turcott, Bremerton; Trooper Melissa Braaten, Homeland Security Division, Marysville; Trooper Jimmy Craig, North Seattle, Roanoke; Trooper Matt Fehler, Spokane Criminal Investigation Division and Trooper Chad Hoff, Special Operations Division presented the Colors.

The President led the Senate in the Pledge of Allegiance.

INTRODUCTION OF SPECIAL GUESTS

 

The President welcomed and introduced Auburn Mountainview High School a cappella trio members Nicole Costa, Brandon Henderson and Taylor Liabraaten who performed the National Anthem under the direction of Ms. Karen Frerichs

 

Pastor Jon Sanne from the Calvary Chapel in Olympia offered the prayer.

 

The Washington State Patrol Honor Guard retired from the chamber.

 

REMARKS BY THE PRESIDENT

 

President Owen: “I think it would be appropriate that we recognize these phenomenal singers, the a capella group, and say ‘Thank you’ for the great job that they did. Most excellent, thank you very much. And just a reminder, members, that was Auburn Mountainview a capella trio and they are guests of Senator Fain’s.  Thank you, Senator Fain, for bringing them to us.”

 

REMARKS BY THE PRESIDENT

 

President Owen: “Ladies and Gentlemen of the Senate, we are here to do a lot of important work this session. It’s always a privilege to be able to stand up here and preside before all of you. The President would like to welcome you back and welcome all the new members and wish you great luck in your deliberations for the future.”

 

 

INTRODUCTION OF SPECIAL GUESTS

 

The President welcomed and introduced Miss Macy Allaire, 2012 Lakefair Queen, who was seated at the rostrum.

With the permission of the Senate, business was suspended to allow Lakefair Queen Macy Allaire to address the Senate and welcome the senators to Olympia.

REMARKS BY MISS MACY ALLAIRE

 

Miss Macy Allaire: “Thank you for having me. Good afternoon everyone. I hope you’re having a good morning so far. As the reigning 2013 Capital Lakefair Queen, it is my pleasure and my privilege to welcome you to an exciting 2013 Senate session in Olympia, Washington. This is a big year for Washington as we recently passed laws that will create large changes for this state as well as welcoming in a new Governor. As a member of the Legislature you carry the weight and the well-being of everyone here in the state; children; businesses; disabled; retirees; workers; owners; consumers; victims; elderly; and the environment. It is your responsibility to regulate, to authorize, to prescribe, to provide, to sanction, to grant, to declare and to restrict certain elements for the well-being of the state as a whole. As you’re representing the state here, I’m representing the Tumwater, Olympia, Lacey, Puget Sound area and the community. Capital Lakefair is a one-hundred percent, academic-based, community scholarship pageant. It is my privilege and honor to serve as Capital Lakefair’s fifty-fifth Lakefair Queen. My school, Olympia High School, has not produced a Queen for the last eight years so I am proud to represent my school in this program. Capital Lakefair is more than rides and food and vendors. It is a community event in which people of all ages and backgrounds and various service clubs and organizations come together to celebrate our Puget Sound area. Lakefair generates a great amount of money which is then put towards numerous local non-profit organizations such as the Other Bank and the YWCA. Lakefair also puts money towards a royalty scholarship program by selecting a court of six girls from local high schools and later a Lakefair Queen. As a 2012 Lakefair Queen, I’m unconditionally gracious for receiving the highest royalty scholarship of five thousand dollars. Of course, this money isn’t just given to us, the Capitalarian’s make us work for our earnings. Capital Lakefair has given me opportunities and experiences I would not have had otherwise. The Royalty Court and I have spoken with thirteen local service organizations and had the opportunity to meet many community leaders as well as my privilege of speaking here today. This is not an experience I could of gained from my part-time jobs. It’s programs like Capital Lakefair that provide opportunities for all areas of the community to come together and form relationships with one another that hold our region together. Olympia and the Puget Sound area is one of the most beautiful areas in this State of Washington and the Northwest region with its miles of beaches, local shops, extensive hiking and biking trails and friendly people. I hope that you enjoy your time here as much as I know that I do. Here’s to a successful community-building 2013 Legislative Session. Thank you.”

INTRODUCTION OF SPECIAL GUESTS

 

The President welcomed and introduced Mr. Bob Barnes, Executive Director and Mrs. Serry Barnes, Capital Lakefair Royalty Chair, representatives of Capital Lakefair, the non-profit, volunteer, organization run by Capitalarians and the family of Miss Macy Allaire, 2012 Lakefair Queen: her father, Mr. Chuck Allaire; her mother, Mrs. Jane Allaire; her brother Charlie and sister Sally who were all present in the gallery.

 

LETTERS OF RESIGNATION

 

WASHINGTON STATE SENATE

Senator Joseph Zarelli

18th Legislative District

 

May 29, 2012

 

Mr. Tom Hoemann

Washington State

Secretary of the Senate

309A Legislative Building

Olympia, WA  98504

 

RE: Resignation

 

Mr. Hoemann, please accept this letter as indication of my resignation to the Washington State Senate, effective the 31st day of May 2012.

It has been with great pleasure and honor that I have been elected to serve the people of the 18th Legislative District in Southwest Washington over the last 17 years. However, given my choice to not seek re-election this fall I think that it would better serve my constituents to have, available to them, a member who has chosen to run and could provide greater continuity of service through the remainder of this year and beyond the fall elections.

Thank you for your service and friendship these last many years.

 

Sincerely,

JOSEPH P. ZARELLI, State Senator, 18th Legislative District

 

CLARK AND COWLITZ COUNTY SIGNATURE REPORT

Joint Resolution 2012-06-08

 

WHEREAS, Senator Joseph Zarelli has submitted his resignation for the Senate seat for the 18th Legislative District and that seat is now vacant; and

WHEREAS, the Washington State Republican Party has submitted a list of three names for consideration by the Joint Boards of Commissioners for Clark County and Cowlitz County; and

WHEREAS, the Joint Boards of County Commissioners for Clark County and Cowlitz County have convened in joint session and duly considered the three names submitted by the Washington State Republican Party, now, therefore;

IT IS HEREBY RESOLVED by Joint Boards of County Commissioners for the counties of the 18th Legislative District meeting in special session, that Anna M. (Ann) Rivers be and is hereby appointed to fill the vacant Senate seat of the 18th Legislative District.

IT IS FURTHER RESOLVED that the clerk of the joint board forward this resolution to the Governor and the Secretary of State.

 

Approved this 25th day of June, 2012

 

Signed by the Board of County Commissioners of Clark County, Washington

 

Marc Boldt, Chairman

Steve Stuart, Commissioner

Tom Mielke, Commissioner

 

Signed by the Board of County Commissioners of Cowlitz County, Washington

 

George Raiter, Chairman

Mike Karnofski, Commissioner

James Misner, Commissioner

 

WASHINGTON STATE SENATE

Senator Cheryl Pflug

5th Legislative District

June 7, 2012

Governor Christine Gregoire

PO Box 40002

Olympia, WA   98504-0002

 

RE: Resignation from the Washington State Senate as of June 30, 2012

 

Dear Governor Gregoire:

 

After serving almost 14 years in the Legislature, I find that it is time for new challenges. I have served my community through the representation of the people of the fifth legislative district, and have found the work very rewarding. However, I am ready to move in a new direction, and I thank you for the exciting opportunity to serve on the Growth Management Hearings Board.

My term as a member of the Growth Management Hearings Board begins on July 1. Therefore, pursuant to RCW 42.12.020, please accept my resignation from the Washington State Senate effective Saturday, June 30, 2012.

If you have any questions, or if I may provide any additional information, please do not hesitate to contact me.

 

Sincerely,

CHERYL PFLUG

State Senator, 5th Legislative District

Ranking Member, Senate Judiciary

 

METROPOLITAN KING COUNTY COUNCIL

516 Third Avenue, Room 1200

Seattle,  WA 98104-3272

 

July 9, 2012

 

Mr. Tom Hoemann

Secretary of the Washington State Senate

PO Box 40482

Olympia, WA 98504-0482

 

Dear Mr. Hoemann:

 

Enclosed is a copy of King County Motion 13688, which appoints Dino Rossi to the vacancy in the 5th Legislative District senate seat.

 

Sincerely,

Anne Noris, Clerk of the Council

 

KING COUNTY SIGNATURE REPORT

 

July 9, 2012

 

MOTION 13688

 

Proposed No. 2012-0223.2

Sponsors Lambert

 

A MOTION making an appointment to fill the vacancy in the 5th legislative district of the Washington state Senate.

WHEREAS, a vacancy exists in the position of state senator for the 5th legislative district due to the resignation of Senator Cheryl Pflug following her appointment by Governor Gregoire to serve on the Washington State Growth Management Hearings Board; and

WHEREAS, the 5th legislative district Republican precinct committee officers have met to consider candidates for the position; and

WHEREAS, the King County Republican Central Committee has submitted the names of three nominees to fill the vacancy;

NOW, THEREFORE, BE IT MOVED by the Council of King County:

 

Dino Rossi is here by appointed to the position of state senator for the 5th legislative district.

 

Motion 13688 was introduced on 6/11/2012 and passed as amended by the Metropolitan King County Council on 7/9/2012, by the following vote:

 

Yes: 9 – Mr. Phillips, Mr. von Reichbauer, Mr. Gossett, Ms. Hague, Ms. Patterson, Ms. Lambert, Mr. Ferguson, Mr. Dunn and Mr. McDermott

No: 0

Excused: 0

 

King County Council

King County, Washington

Larry Gossett, Chair

 

ATTEST:

Anne Noris, Clerk of the Council

 

WASHINGTON STATE SENATE

Senator Derek Kilmer

26th Legislative District

 

December 10, 2012

 

Governor Christine Gregoire

P. O. Box 40002

Olympia, WA 98504-0002

 

Re Resignation from the Washington State Senate

 

Dear Governor Gregoire:

 

I came to Olympia eight years ago to represent the people of the 26th Legislative District and work on issues of importance to them. Over the last eight years I’ve been proud to work on efforts to encourage economic development, to ensure our students get an education that will help them succeed, and to support military families and veterans, I am proud of our successes, and confident progress will continue.

Most of all, I am hopeful for my little girls, Sophie and Tess. I want a better future for them – where they can get a world-class education, where they can get a great job, and where they will share in all the opportunity our state and our nation can offer. That hope for them and for all families is what drove me to service in the Legislature. I’ve been privileged to work with you and the members of the Legislature to make progress on behalf of the children and families of our great state.

I am grateful to the citizens of the 26th district for giving me the opportunity to represent them. And I am grateful to the people of the 6th Congressional District for choosing me to represent them in the next session of the United States Congress. In order to fulfill my duties as a U. S. Representative, I am resigning from the Washington State Senate, pursuant to RCW 42.12.010, effective immediately.

It has been a great honor and privilege to serve my community in the Legislature.

 

Sincerely,

DEREK KILMER, State Senator, 26th Legislative District

 

Cc:    Senator Lisa Brown

          Senator Ed Murray

          Tom Hoemann

 

WASHINGTON STATE SENATE

Senator Bob Morton

7th Legislative District

 

December 31, 2012

 

Governor Christine Gregoire

Insurance Building

 

Re: Resignation from the Washington State Senate as of December 31, 2012

 

Dear Governor Gregoire:

 

After more than twenty years representing the seventh legislative district in the Senate, I find that it is time for me to retire. Therefore, pursuant to RCW 42.12.020, please accept my resignation from the Washington State Senate effective Monday, December 31, 2012.

If you have any questions, or if I may provide any additional information, please do not hesitate to contact me.

 

Cordially yours,

BOB MORTON, State Senator, 7th Legislative District

 

Cc:    Senator Rodney Tom, Coalition Majority Leader

          Senator Mark Schoesler, Republican Leader

          Senator Ed Murray, Democratic Leader

          Tom Hoemann, Secretary of the Senate

 

STEVENS COUNTY COMMISSIONERS

215 South Oak Street

Colville, WA 99114-2861

 

January 7, 2013

 

Mr. Tom Hoemann

Secretary of the Senate

P. O. Box 40482

Olympia, WA 98504-0482

 

Dear Secretary Hoemann:

 

The fifteen County Commissioners from the 7th Legislative District met in Colville, Washington at 1:00 p.m. on January 3, 2013 to interview the candidates for Senator Bob Morton’s open Senate seat.

Commissioners present: Todd Mielke, Shelly O’Quinn and Al French from Spokane County; Mike Manus, Karen Skoog and Steve Kiss from Pend Oreille County; Jim Detro, Sheilah Kennedy and Ray Campbell from Okanogan County; Brian Dansel, Mike Blankenship and Brad Miller from Ferry County; Wes McCart, Don Dashiell and Steve Parker from Stevens County. By unanimous vote, Stevens County Commissioner Don Dashiell was selected to serve as Chairman of the special meeting.

The three candidates selected by the Republican Precinct Committee Officers of the 7th Legislative District and presented to the counties by the Washington State Republican Party were present. Following interviews, John S. Smith was selected as Senator Bob Morton’s successor by the following vote:

 

AYE: 13

NAY 0

ABSTAIN 2

ABSENT 0

 

Copies of resumes received from John Smith are enclosed. Each county will submit a certificate of appointment and a resolution of appointment this week. 

 

Please let us know if you need anything further.

 

Sincerely,

Donald Dashiell

 

Resolution No. 2-2013

 

BEFORE THE BOARD OF STEVENS COUNTY COMMISSIONERS

IN THE MATTER OF APPOINTING PERSONS TO FILL VACANT ELECTED POSITONS

APPOINTING JOHN S. SMITH TO FILL THE SENATE SEAT OF BOB MORTON

 

WHEREAS, the Board finds Senator Bob Morton submitted his resignation for his Senate seat for the 7th Legislative District and that seat is now vacant; and

WHEREAS, the Board finds the Washington State Republican Party has submitted a list of three names for consideration by the Joint Boards of Commissioners for Stevens, Spokane, Ferry, Pend Oreille and Okanogan counties; and

WHEREAS, the Board finds the Joint Boards of the five counties met on January 3, 2013, to fill the vacant Senate seat and voted to appoint John S. Smith;

NOW, THEREFORE, IT IS HEREBY RESOLVED AND ORDERED that John S. Smith is appointed to fill the vacant Senate seat of the 7th Legislative District. The Clerk of the Board is authorized and directed to forward this resolution to the Secretary of the Washington State Senate.

Passed by the Board of Stevens Count Commissions meeting in regular session at Colville, Washington, by the following vote, then signed by its membership and attested to by its Clerk in authorization of such passage the 8th day of January, 2013.

 

YEA; 3

NAY; 0

ABSTAIN; 0

and

ABSENT; 0

 

BOARD OF COUNTY COMMISSIONERS OF STEVENS COUNTY, WASHINGTON

 

Don Dashiell, Chairman

Wes McCart, Commissioner

Steve Parker, Commissioner

 

ATTEST:

Polly Coleman, Clerk of the Board

 

MOTION

 

On motion of Senator Frockt, the Senate advanced to the third order of business.


 

MESSAGE FROM SECRETARY OF STATE

 

The Honorable

President of the Senate

The Legislature of the State of Washington

Olympia, Washington

Mr. President: 

I, Sam Reed, Secretary 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 Senator at the State General Election held in the State of Washington on the 6th day of November, 2012, as shown by the official returns of said election now on file in the office of the Secretary of State.

SENATORS ELECTED NOVEMBER 6, 2012

District        Counties Represented Name                                                                                                                                Party Preference

1                  King, Snohomish                    Rosemary McAuliffe                                                                                           Prefers Democratic Party

2                  Pierce, Thurston                                                              Randi Becker                                                                                                 Prefers Republican Party

3                  Spokane                                                                          Andy Billig                                                                                                   Prefers Democratic Party

4                  Spokane                                                                          Mike Padden                                                                                                Prefers Republican Party

5                  King                                                                                Mark Mullet                                                                                                 Prefers Democratic Party

9                  Adams*, Asotin*, Franklin, Garfield*,                          Mark G. Schoesler                                                                                            Prefers G.O.P. Party

                    Spokane, Whitman *

10                Island*, Skagit, Snohomish                    Barbara Bailey                                                                                                 Prefers Republican Party

11                King                                                                                Bob Hasegawa                                                                                            Prefers Democratic Party

12                Chelan*, Douglas*, Grant, Okanogan                           Linda Evans Parlette                                                                                                Prefers G.O.P. Party

14                Clark, Klickitat*, Skamania*, Yakima                           Curtis King                                                                                                    Prefers Republican Party

16                Benton, Columbia*, Franklin,                                        Mike Hewitt                                                                                                 Prefers Republican Party

                    Walla Walla*

17                Clark                                                                               Don Benton                                                                                                Prefers Republican Party

18                Clark                                                                               Ann Rivers                                                                                                  Prefers Republican Party

19                Cowlitz, Grays Harbor, Lewis,                                       Brian Hatfield                                                                                               Prefers Democratic Party

                    Pacific*, Wahkiakum*

20                Clark, Cowlitz, Lewis, Thurston                                    John E. Braun                                                                                                  Prefers Republican Party

22                Thurston                                                                          Karen Fraser                                                                                                  Prefers Democratic Party

23                Kitsap                    Christine Rolfes                                                                                                  Prefers Democratic Party

24                Clallam*, Grays Harbor, Jefferson*                               Jim Hargrove                                                                                             Prefers Democratic Party

25                Pierce                                                                              Bruce Dammeier                                                                                           Prefers Republican Party

27                Pierce                    Jeannie Darneille                                                                                             Prefers Democratic Party

28                Pierce                                                                              Mike Carrell                                                                                                 Prefers G.O.P. Party

39                King, Skagit, Snohomish                                                Kirk Pearson                                                                                               Prefers Republican Party

40                San Juan*, Skagit, Whatcom                                          Kevin Ranker                                                                                                Prefers Democratic Party

41                King                                                                                Steve Litzow                                                                                                 Prefers Republican Party

46                King                                                                                David Frockt                                                                                                  Prefers Democratic Party

                                                                                                                                                                 (2 Year Unexpired Term)

49                Clark                    Annette Cleveland                                                                                            Prefers Democratic Party

IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed the Seal of the State of Washington at Olympia, this 8th day of January, 2013.

SAM REED

Secretary of State


 

 

The Secretary called the roll of the following holdover members of the Senate and all were present: Senators Baumgartner, Chase, Conway, Delvin, Eide, Ericksen, Fain, Harper, Hill, Hobbs, Holmquist Newbry, Honeyford, Keiser, Kline, Kohl-Welles, Murray, Nelson, Roach, Sheldon, Shin and Tom.

 

APPOINTMENT OF SPECIAL COMMITTEE

 

The President of the Senate appointed a committee of honor consisting of Senators Padden and Kline to escort The Honorable Associate Chief Justice Charles Johnson to the rostrum.

The President welcomed and introduced The Honorable Charles Johnson, Associate Chief Justice of the Supreme Court of the state of Washington, who was present to administer the oath of office to the newly elected Senators.

 

The Secretary called the roll on the newly re-elected members of the Senate and all were present: Senators Becker, Benton, Carrell, Fraser, Hargrove, Hatfield, Hewitt, King, Litzow, McAuliffe, Padden, Parlette, Ranker, Rolfes and Schoesler.

INTRODUCTION OF SPECIAL GUESTS

 

The President welcomed and introduced Secretary of State, Sam Reed, who was seated at the rostrum.

 

The Sergeant at Arms escorted each of the newly re-elected members of the Senate to the rostrum of the Senate to receive their oath of office.

Associate Chief Justice Charles Johnson thereupon administrated the oath of office to each newly re-elected member.

The President presented each newly re-elected senator a certificate of election.

The Sergeant at Arms escorted each newly re-elected member to their seat on the floor of the Senate.

 

The Secretary called the roll on each newly elected member of the Senate and all were present: Senators Bailey, Billig, Braun, Cleveland, Dammeier, Darneille, Hasegawa, Mullet, Pearson and Rivers.

 

The Sergeant at Arms escorted each of the newly elected member of the Senate to the rostrum of the Senate to receive their oath of office.

Associate Chief Justice Charles Johnson thereupon administrated the oath of office to each newly elected member.

The President presented each newly elected Senator a certificate of election.

The Sergeant at Arms escorted the newly elected members to their seat on the floor of the Senate.

 

The Secretary called the roll on the members elected to the Senate to fill unexpired terms and appointed to fill vacant seats: Senators Frockt and Smith.

 

The Sergeant at Arms escorted each of the members elected to fill unexpired terms and appointed to fill vacant seats to the rostrum of the Senate to receive their oath of office.

Associate Chief Justice Charles Johnson thereupon administrated the oath of office to each member elected to fill unexpired terms and appointed to fill vacant seats.

The President presented each senator a certificate of election.

The Sergeant at Arms escorted each new senator to their seat on the floor of the Senate.

 

REMARKS BY THE PRESIDENT

 

President Owen: “Mr. Secretary, thank you very much for assisting this with us today. I know you are a short-timer now but I give you the opportunity to say a few words, if you would like to.”

REMARKS BY THE SECRETARY OF STATE SAM REED

 

Sam Reed: “Thank you. I will have a chance to speak tomorrow at the Joint Session but I did want to thank you senators and some of you former House members with whom I’ve worked over the last twelve years. I am deeply grateful for your fairness on both sides of the aisle. I felt that I’ve been treated, and my office has been treated, with great respect over the years. I appreciate your conscientiousness in the last four very difficult years but thank you very much. I’ve thoroughly enjoyed working with you. Thank you so much.”

 

MOTION

 

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

 

MOTION

 

Senator Frockt moved adoption of the following resolution:

 

SENATE RESOLUTION
8602

 

By Senator Frockt

      BE IT RESOLVED, That the Rules of the Senate for the 2011 Regular Session of the 62nd Legislature, as amended in the 2011 2nd Special Session and the 2012 Regular Session, be adopted as amended as the Rules of the Senate for the 2013 Regular Session of the 63rd Legislature, to read as follows:

 

      PERMANENT RULES
      OF THE
      SENATE
      SIXTY-THIRD LEGISLATURE
      2013

 

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

ENGROSSED 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 APPOINTMENTS

        Rule 54

Definitions

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.  The use of cellular or digital telephones is prohibited within the senate chamber during floor session and within a hearing room during a committee hearing, and this prohibition shall be enforced in the same manner as any other breach of order and decorum.

 

      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.  The use of cellular or digital telephones is prohibited within the senate chamber during floor session and within a hearing room during a committee hearing.

 

      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 or appointed 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, except that if a cutoff established by concurrent resolution occurs during the special order, the senate may complete the measure that was before the senate when consideration of the special order was commenced.

 

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.

 

Motions 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. The senate shall consider no more than one floor resolution per day in session:  Provided, That this rule shall not apply to floor resolutions essential to the operation of the senate; and further Provided, That there shall be no limit on the number of floor resolutions considered on senate pro forma session days.  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.  Members' names shall only be added to the resolution if the member signs the resolution.  Members shall have until thirty minutes after the senate is convened the following day the senate is in a regular or pro forma session to add their names to the floor resolution.  A motion may be made to close the period for signatures at an earlier time.

 

 

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, recess, or go at ease

      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.

 

      8. If a member of the majority is going to be absent due to a health matter or other emergency, then a member of the minority may publicly announce on the floor of the senate that he or she will cast votes as he or she believes the absent member would have voted in order to avoid results that would only occur because of the unanticipated absence.

 

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; provided that a senator may refer to another member using the title "Senator" and the surname of the other member.  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 president 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.  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:

 

 

Standing Committee                                                                                                              Total Membership

 

1. Agriculture, Water & Rural Economic Development....................................................................................... 8

 

2. Commerce & Labor......................................................................................................................................... 8

 

3. Early Learning & K-12 Education........................................................................................................ ((11)) 12

 

((3. Economic Development, Trade & Innovation............................................................................................. 9))

 

4. Energy, Environment &Telecommunications......................................................................................... ((9)) 10

 

5. Financial Institutions((, Housing)) & Insurance........................................................................................ ((7)) 8

 

6. Governmental Operations((, Tribal Relations & Elections))..................................................................... ((7)) 8

 

7. Health ((& Long-Term)) Care................................................................................................................ ((9)) 10

 

8. Higher Education ((& Workforce Development))..................................................................................... ((9)) 8

 

9. Human Services & Corrections................................................................................................................ ((7)) 8

 

10. ((Judiciary)) Law & Justice.................................................................................................................... ((9)) 8

 

((11. Labor, Commerce & Consumer Protection.................................................................................................. 7

 

12. Energy,)) 11. Natural Resources & ((Marine Waters)) Parks.................................................................. ((7)) 8

 

((13.)) 12. Rules...................................................................................... ((20)) 22 (plus the Lieutenant Governor)

 

13. Trade & Economic Development................................................................................................................... 8

 

14. Transportation.............................................................................................................................................. 16

 

15. Ways & Means.................................................................................................................................. ((20)) 26

 

Each standing committee shall be cochaired, with one chair chosen by the majority caucus and one chair chosen by the minority caucus.  Membership on each standing committee shall include equal representation from the majority caucus and the minority caucus.

 

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. No committee shall amend a measure, adopt a substitute bill, or vote upon any measure or appointment absent a quorum.  A committee may conduct a hearing absent a quorum.  A majority of any committee shall constitute a quorum and committees shall be considered to have a quorum present unless the question is raised.  Any question as to quorum not raised at the time of the committee action is deemed waived.

 

      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 be adopted at a regularly or specially called meeting during a legislative session and shall be signed by a majority of the committee; and shall carry only one of the following recommendations:

 

      a. Do pass;

      b. Do pass as amended;

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

      d. Without recommendation.

 

      In addition to one of the above-listed recommendations, a report may also recommend that a bill be referred to another committee.

 

      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 4 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, appointment, substitute bill, or amendment still within a committee's possession before it has been reported out to the full senate may be reconsidered to correct an error, change language, or otherwise accurately reflect the will of the committee in its majority and minority reports to the full senate.  Any such reconsideration may be made at any time, by any member of the committee, provided that the committee has not yet reported the measure, appointment, substitute bill, or amendment out to the full senate.  Any such reconsideration made after a vote has been taken or signatures obtained will require a new vote and signature sheet.  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.  For purposes of this rule, a committee is deemed to have reported a measure, appointment, substitute bill, or amendment out when it has delivered its majority and minority reports to the senate workroom.  After such delivery, the committee no longer has possession of the measure, appointment, substitute bill, or amendment and no further committee action, including reconsideration, may be taken.

 

      8. Any member of the committee not concurring in the majority report may sign a 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.  Unless the signatory of a minority report expressly indicates a "do not pass" recommendation, the member's vote shall be deemed to be "without recommendation."  In every case where a majority report form is circulated for signature, a minority report form shall also be circulated.

 

      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.  During any special session of the legislature, this rule may be suspended by a majority vote.

 

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 or appointed.  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.  Reserved

 

      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.

 

      To be considered during a regular session, a bill must be introduced at least ten days before final adjournment of the legislature, unless the legislature directs otherwise 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. 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.

 

      When statutes are being repealed, the Revised Code of Washington section number to be repealed, the section caption and the session law history, from the most current to the original, shall be cited.

 

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 Rules 62, 63, and 64.

 

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, or during any special session of the legislature, 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. 5.

 

      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.  A point of order raising the question of scope and object may be raised at any time during consideration of an amendment prior to voting on the amendment.  A proposed amendment to an unamended title-only bill shall be within the scope and object of the bill if the subject of the amendment fits within the language in the title.

 

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.

 

      Any hearing on a gubernatorial appointment, held by the standing  committee, or subcommittees, pursuant to rule 42, shall be a public hearing.  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 members elected or appointed.  (Article 13 of the State Constitution.)

      Senators Frockt, McAuliffe, Hatfield and Murray spoke in favor of adoption of the resolution.

      Senator Tom spoke against adoption of the resolution.

      The President declared the question before the Senate to be the adoption of Senate Resolution No. 8602.

 

Senator Frockt demanded a roll call.

The President declared that one-sixth of the members supported the demand and the demand was sustained.

 

The President declared the question before the Senate to be the motion by Senator Frockt to adopt Senate Resolution No. 8602.

 

The Secretary called the roll on the motion by Senator Frockt to adopt Senate Resolution No. 8602 and the resolution was not adopted by the following vote: Yeas, 23; Nays, 25; Absent, 0; Excused, 0.

Voting yea: Senators Billig, Chase, Cleveland, Conway, Darneille, Eide, Fraser, Frockt, Hargrove, Harper, Hasegawa, Hatfield, Hobbs, Keiser, Kline, Kohl-Welles, McAuliffe, Mullet, Murray, Nelson, Ranker, Rolfes and Shin

      Voting nay: Senators Bailey, Baumgartner, Becker, Benton, Braun, Carrell, Dammeier, Delvin, Ericksen, Fain, Hewitt, Hill, Holmquist Newbry, Honeyford, King, Litzow, Padden, Parlette, Pearson, Rivers, Roach, Schoesler, Sheldon, Smith and Tom

 

MOTION

 

Senator Fain moved adoption of the following resolution:

SENATE RESOLUTION
8601

 

By Senator Fain

      BE IT RESOLVED, That the Rules of the Senate for the 2011 Regular Session of the 62nd Legislature, as amended in the 2011 2nd Special Session and the 2012 Regular Session, be adopted as amended as the Rules of the Senate for the 2013 Regular Session of the 63rd Legislature, to read as follows:

 

 

      PERMANENT RULES
      OF THE
      SENATE
      SIXTY-THIRD LEGISLATURE
      2013

 

 

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

ENGROSSED 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 APPOINTMENTS

        Rule 54

Definitions

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.  The use of cellular or digital telephones is prohibited within the senate chamber during floor session and within a hearing room during a committee hearing, and this prohibition shall be enforced in the same manner as any other breach of order and decorum.

 

      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 president pro tempore shall serve as the vice chair of the committee on rules.  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.

 

3. A "majority caucus" is a caucus whose members constitute a majority of the senate and may include members from different political caucuses.  The establishment of a majority caucus is evidenced by a majority of the members of the senate demonstrating the intent to caucus together and to lead the senate.  Those members not part of the majority caucus constitute the minority caucus or caucuses.

 

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.)) The director of senate security shall perform the functions of the sergeant at arms for the senate.

 

      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.  The use of cellular or digital telephones is prohibited within the senate chamber during floor session and within a hearing room during a committee hearing.

 

      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)) deputy leader 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 or at any time after the reorganization caucuses if a different caucus becomes the majority caucus.

 

      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 or appointed 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, except that if a cutoff established by concurrent resolution occurs during the special order, the senate may complete the measure that was before the senate when consideration of the special order was commenced.

 

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.

 

Motions 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. The senate shall consider no more than one floor resolution per day in session:  Provided, That this rule shall not apply to floor resolutions essential to the operation of the senate; and further Provided, That there shall be no limit on the number of floor resolutions considered on senate pro forma session days.  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.  Members' names shall only be added to the resolution if the member signs the resolution.  Members shall have until thirty minutes after the senate is convened the following day the senate is in a regular or pro forma session to add their names to the floor resolution.  A motion may be made to close the period for signatures at an earlier time.

 

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, recess, or go at ease

      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.

 

      8. If a member of the majority is going to be absent due to a health matter or other emergency, then a member of the minority may publicly announce on the floor of the senate that he or she will cast votes as he or she believes the absent member would have voted in order to avoid results that would only occur because of the unanticipated absence.

 

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; provided that a senator may refer to another member using the title "Senator" and the surname of the other member.  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 president 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.  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:

 


 

Standing Committee                                                                                                              Total Membership

 

1. Agriculture, Water & Rural Economic Development............................................................................... ((8)) 7

 

2. Commerce & Labor......................................................................................................................................... 7

 

3. Early Learning & K-12 Education.................................................................................................................. 11

 

((3. Economic Development, Trade & Innovation............................................................................................. 9))

 

4. Energy, Environment &Telecommunications................................................................................................... 9

 

5. Financial Institutions((, Housing)) & Insurance................................................................................................ 7

 

6. Governmental Operations((, Tribal Relations & Elections))............................................................................. 7

 

7. Health ((& Long-Term)) Care.......................................................................................................................... 9

 

8. Higher Education ((& Workforce Development))..................................................................................... ((9)) 7

 

9. Human Services & Corrections........................................................................................................................ 7

 

10. ((Judiciary)) Law & Justice.................................................................................................................... ((9)) 7

 

((11. Labor, Commerce & Consumer Protection.................................................................................................. 7

 

12. Energy,)) 11. Natural Resources & ((Marine Waters)) Parks.......................................................................... 7

 

((13.)) 12. Rules...................................................................................... ((20)) 21 (plus the Lieutenant Governor)

 

13. Trade & Economic Development................................................................................................................... 7

 

14. Transportation.............................................................................................................................................. 16

 

15. Ways & Means.................................................................................................................................. ((20)) 23


 

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. No committee shall amend a measure, adopt a substitute bill, or vote upon any measure or appointment absent a quorum.  A committee may conduct a hearing absent a quorum.  A majority of any committee shall constitute a quorum and committees shall be considered to have a quorum present unless the question is raised.  Any question as to quorum not raised at the time of the committee action is deemed waived.

 

      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 be adopted at a regularly or specially called meeting during a legislative session and shall be signed by a majority of the committee; and shall carry only one of the following recommendations:

 

      a. Do pass;

      b. Do pass as amended;

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

      d. Without recommendation.

 

      In addition to one of the above-listed recommendations, a report may also recommend that a bill be referred to another committee.

 

      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 4 of this rule, subject to the limitation of subsection 12 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, appointment, substitute bill, or amendment still within a committee's possession before it has been reported out to the full senate may be reconsidered to correct an error, change language, or otherwise accurately reflect the will of the committee in its majority and minority reports to the full senate.  Any such reconsideration may be made at any time, by any member of the committee, provided that the committee has not yet reported the measure, appointment, substitute bill, or amendment out to the full senate.  Any such reconsideration made after a vote has been taken or signatures obtained will require a new vote and signature sheet.  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.  For purposes of this rule, a committee is deemed to have reported a measure, appointment, substitute bill, or amendment out when it has delivered its majority and minority reports to the senate workroom.  After such delivery, the committee no longer has possession of the measure, appointment, substitute bill, or amendment and no further committee action, including reconsideration, may be taken.

 

      8. Any member of the committee not concurring in the majority report may sign a 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.  Unless the signatory of a minority report expressly indicates a "do not pass" recommendation, the member's vote shall be deemed to be "without recommendation."  In every case where a majority report form is circulated for signature, a minority report form shall also be circulated.

 

      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.  During any special session of the legislature, this rule may be suspended by a majority vote.

 

12. When a standing committee is operated by cochairs, the committee may not vote upon any measure or appointment without the consent of each cochair.

 

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 or appointed.  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 president pro tempore shall be a voting member and the vice 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.  Reserved

 

      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.

 

      To be considered during a regular session, a bill must be introduced at least ten days before final adjournment of the legislature, unless the legislature directs otherwise 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. 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.

 

      When statutes are being repealed, the Revised Code of Washington section number to be repealed, the section caption and the session law history, from the most current to the original, shall be cited.

 

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 Rules 62, 63, and 64.

 

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, or during any special session of the legislature, 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. 5.

 

      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.  A point of order raising the question of scope and object may be raised at any time during consideration of an amendment prior to voting on the amendment.  A proposed amendment to an unamended title-only bill shall be within the scope and object of the bill if the subject of the amendment fits within the language in the title.

 

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.

 

      Any hearing on a gubernatorial appointment, held by the standing  committee, or subcommittees, pursuant to rule 42, shall be a public hearing.  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 members elected or appointed.  (Article 13 of the State Constitution.)

      Senator Parlette spoke in favor of adoption of the resolution.

      Senators Keiser, Conway, Kohl-Welles, Hargrove, Ranker and Murray spoke against adoption of the resolution.

      The President declared the question before the Senate to be the adoption of Senate Resolution No. 8601.

 

Senator Frockt demanded a roll call.

The President declared that one-sixth of the members supported the demand and the demand was sustained.

 

The Secretary called the roll on the motion by Senator Fain to adopt Senate Resolution No. 8601 carried and the resolution was adopted by the following vote: Yeas, 25; Nays, 23; Absent, 0; Excused, 0.

Voting yea: Senators Bailey, Baumgartner, Becker, Benton, Braun, Carrell, Dammeier, Delvin, Ericksen, Fain, Hewitt, Hill, Holmquist Newbry, Honeyford, King, Litzow, Padden, Parlette, Pearson, Rivers, Roach, Schoesler, Sheldon, Smith and Tom

      Voting nay: Senators Billig, Chase, Cleveland, Conway, Darneille, Eide, Fraser, Frockt, Hargrove, Harper, Hasegawa, Hatfield, Hobbs, Keiser, Kline, Kohl-Welles, McAuliffe, Mullet, Murray, Nelson, Ranker, Rolfes and Shin

 

PERSONAL PRIVILEGE

 

Senator Ranker:  “I just realized that with the last vote I just became ‘ranking Ranker’ so I would like to go over to the other side and try and fix this.”

 

PERSONAL PRIVILEGE

 

Senator Murray:  “Thank you Mr. President, several members from the other side came over and expressed their concern about this morning’s comments. I wanted to express my appreciation for you coming over. So, you’re all still invited to the wedding.”

ELECTION OF PRESIDENT PRO TEMPORE

 

The President declared the nominations for the office of President Pro Tempore of the Senate to be opened.

 

REMARKS BY SENATOR SCHOESLER

 

Senator Schoesler:  “Thank you Mr. President, I would like to nominate Senator Sheldon to the office of President Pro Tempore. Twenty years ago last month I met Senator Sheldon for the first time. Over the last twenty plus years I’ve found someone who toured gold mines in Northeast Washington with us, The wheat industry and other agricultural industries of Eastern Washington. Someone who’s worked on our state’s energy policy from the local PUD level to regional power issues that impact every citizen and every job in the state of Washington. We’ve watched him as a leader in local government. We’ve watched him as a leader in the timber industry and jobs in general. Senator Sheldon brings this twenty plus years of experience to the senate and will make an excellent President Pro Tempore for this body. I urge your support.”

 

REMARKS BY SENATOR TOM

 

Senator Tom:  “Thank you Mr. President, I would like to second the nomination. Senator Sheldon makes a great choice. He is a Wharton grad. A very accomplish individual but also has a very unique background as far as not only does he understand the intellectual aspects of what we do but he also has the commonality as far as being involved in the logging community. So it’s kind of a unique dynamic that you have there. For those of us who love to golf, here’s a little tidbit on Senator Sheldon. A lot of us are hackers, Tim actually played collegiate golf so if you want a real golfer Tim’s a real golfer. But I think he offers us a great avenue as far as where we are, what we’re trying to accomplish and his respect for the institution. He’s been here several years, a long time, and I think he will help us move forward and really bring that cooperation, bring that collaboration back to the senate. Thank you.”

 

MOTION

 

On motion of Senator Fain, the nominations for the office of President Pro Tempore of the Senate were closed.

 

ROLL CALL

 

The Secretary called the roll of the electing of the President Pro Tempore and Senator Tim Sheldon was elected President Pro Tempore:  Sheldon, 38; Nays, 10; Absent, 0; Excused, 0.

Voting Sheldon: Senators Bailey, Baumgartner, Becker, Benton, Billig, Braun, Carrell, Cleveland, Dammeier, Delvin, Eide, Ericksen, Fain, Frockt, Hargrove, Harper, Hatfield, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, King, Kohl-Welles, Litzow, Mullet, Murray, Padden, Parlette, Pearson, Rivers, Roach, Rolfes, Schoesler, Sheldon, Shin, Smith and Tom

      Voting nay: Senators Chase, Conway, Darneille, Fraser, Hasegawa, Keiser, Kline, McAuliffe, Nelson and Ranker

 

APPOINTMENT OF SPECIAL COMMITTEE

 

The President of the Senate appointed a committee of honor consisting of Senators Hargrove and Braun to escort Senator Sheldon to the rostrum to receive his oath of office.

 

Associate Chief Justice Charles Johnson thereupon administered the oath of office to Senator Sheldon.

The President presented a certificate of election to Senator Sheldon.

 

REMARKS BY SENATOR SHELDON

 

Senator Sheldon:  “Thank you. I very much appreciate your support. After being here twenty two years and it’s great to follow in the direction, and I’ll look to the big guy back here, my former Senator from the Thirty-fifth, our esteemed President Brad Owen who’s done a wonderful job for us over the years. If I can do a job, when he’s gone, anything like he has done I think I will succeed. Thank you.”

 

The committee of honor escorted Senator Sheldon to his seat on the floor of the Senate.

 

REMARKS BY THE PRESIDENT

 

President Owen: “Senator Sheldon, the President hopes you screw up so they want me back. Not really.”

ELECTION OF VICE PRESIDENT PRO TEMPORE

 

The President declared nominations to be open for the office of Vice President Pro Tempore of the Senate.

 

REMARKS BY SENATOR SHELDON

 

Senator Sheldon:  “Thank you Mr. President. Senator Shin is one of our-longest serving members and one of our most distinguished. From a humble beginning and a wonderful person and personal story. Senator Shin is recognized throughout his district and throughout our state and in many other countries for all the goodwill he’s brought. An emissary, I think, of trade and hope. He’s the author of several books. He is esteemed person and a very good friend of mine and I hope that join me in voting for Paull Shin for Vice President Pro Tempore.”

 

REMARKS BY SENATOR NELSON

 

Senator Nelson:  “Thank you Mr. President. I would like to second the nomination of Senator Shin for Vice President Pro Tempore. We all know how well respected Senator Shin is in this body. Whether it is his work on higher education, economic development and trade, his work has benefited all the citizens of this state and in his ongoing role of Vice President Pro Tempore Senator Shin will continue to provide the Senate with leadership and statesmanship. For those observing these proceedings I also want to add a personal thank you to Senator Shin in addition to the work he does here in this chamber he reaches out to adoptees throughout the world. He has been changing the lives of so many children. Senate Shin is a statesman and a leader here and in the world at large and I second his nomination.”

 

MOTION

 

On motion of Senator Fain, the nominations for the office of President Pro Tempore were closed.

 

ROLL CALL

 

The Secretary called the roll and Senator Paull Shin was elected Vice President Pro Tempore: Yeas, 48; Nays, 0; Absent, 0; Excused, 0.

Voting Shin: Senators Bailey, Baumgartner, Becker, Benton, Billig, Braun, Carrell, Chase, Cleveland, Conway, Dammeier, Darneille, Delvin, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Keiser, King, Kline, Kohl-Welles, Litzow, McAuliffe, Mullet, Murray, Nelson, Padden, Parlette, Pearson, Ranker, Rivers, Roach, Rolfes, Schoesler, Sheldon, Shin, Smith and Tom

 

APPOINTMENT OF SPECIAL COMMITTEE

 

The President of the Senate appointed a committee of honor consisting of Senators Smith and Fraser to escort Senator Shin to the rostrum to receive his oath of office.

 

Associate Chief Justice Charles Johnson thereupon administered the oath of office to Senator Shin.

The President presented a certificate of election to Senator Shin.

 

REMARKS BY SENATOR SHIN

 

Senator Shin:  “In humility I stand before you with a profound appreciation in my heart. I can’t fathom and believe, can you imagine that an orphan boy in Korea, no schooling or even a grade school education being adopted by American solider came to this country, started with the ABCs, GED and the Ph. D. Professor for thirty-one years. Now I’ve been in the Senate, legislature for eighteen years. Calling this, I don’t know what to say. My heart is filled with emotion, with gratitude and all I can is thank you America and thank you. My father, Dr. Ray Paull, Amy dentist who, when I was crying in the mountains alone, hugged me and adopted me. Brought me to this country for education that I received and services I performed and all of you, the love and friendship I share with you. I will do best I can as you call me to do so and then but all I can say is that, thank you. Thank you very much.”

 

The committee of honor escorted Senator Shin to his seat on the floor of the Senate.

 

ELECTION OF SECRETARY OF SENATE

 

The President declared nominations to be open for the office of Secretary of the Senate.

 

REMARKS BY SENATOR BENTON

 

Senator Benton:  “Thank you Mr. President. I stand before my colleagues today to nominate for this position an extremely qualified candidate. Hunter Goodman is an accomplished attorney. He’s worked in government at the local level and he’s worked in government at the state level. Many of you know him as the Deputy or Assistant Attorney General but more importantly, and I think this is important for all the citizens of the state of Washington, Hunter also has private business background as the principal of an international freight forwarding company. He brings tremendous private business enterprise skills. Those coupled with his long service in government in terms of administration, brings to us I think one of the most qualified individuals we could find in terms of administrative skills to fulfill our goal of operating and running an efficient and effective Senate that adjourns on time. I’m happy to bring his nomination to you and I ask for your support for Hunter Goodman as the new Secretary of the Senate. Thank you Mr. President.”

 

REMARKS BY SENATOR SHELDON

 

Senator Sheldon:  “Thank you Mr. President. I rise to second the nomination of Hunter Goodman for office of the Secretary of the Senate. We’re very familiar with Hunter. He’s worked in the legislature, around the legislature for a while certainly and around the capital and most certainly as Attorney General Rob McKenna’s legislative liaison and Deputy Chief of staff. We’ve gotten to know Hunter. He’s done a really a great job. He has wonderful leadership skills and management skills and good relationships on both sides of the aisle and he’ll do a wonderful job for us. Of course, we always say great things about people when they’re nominated like this but I have to note though, maybe you don’t know that Hunter was a running back for the University of Southern California Trojans and I had to wonder a little bit about that for a little while but then I got for Christmas a Husky highlight reel which I played over and over and I think I still feel comfortable so I urge you to vote for Mr. Hunter Goodman.”

 

MOTION

 

On motion of Senator Fain, the nominations for the office of Secretary of the Senate were closed.

 

ROLL CALL

 

The Secretary called the roll and Hunter Goodman was elected Secretary of the Senate:: Goodman, 44; Nays, 1; Absent, 3; Excused, 0.

Voting Goodman: Senators Bailey, Baumgartner, Becker, Benton, Billig, Braun, Carrell, Chase, Cleveland, Conway, Dammeier, Darneille, Delvin, Eide, Ericksen, Fain, Fraser, Frockt, Hargrove, Harper, Hasegawa, Hatfield, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, King, Kline, Kohl-Welles, Litzow, Mullet, Padden, Parlette, Pearson, Ranker, Rivers, Roach, Rolfes, Schoesler, Sheldon, Shin, Smith and Tom

      Voting nay: Senator Nelson

      Absent: Senators Keiser, McAuliffe and Murray

 

APPOINTMENT OF SPECIAL COMMITTEE

 

The President of the Senate appointed a committee of honor consisting of Senators Benton and Frockt to escort Hunter Goodman to the rostrum to receive his oath of office.

 

Associate Chief Justice Charles Johnson thereupon administered the oath of office to Hunter Goodman.

The President presented a certificate of election to Hunter Goodman.

 

The committee of honor escorted Hunter Goodman to his seat on the rostrum.

 

PERSONAL PRIVILEGE

 

Senator Fraser:  “Mr. President, last Friday a man walked quietly out the door of the legislative building to begin a well-earned retirement. A man who spent a thirty year career here with the state senate and most recently served as Secretary of the Senate during the last eight years. He played an exceptionally critical role in the senate as our new Secretary of the Senate will. For those of you who are unfamiliar with his role, there’s a reason why we elect such a person and there’s a reason why they take an oath of office. This is a critical role as chief of administrative officer for the senate. A person responsible to make sure all the senate functions well and enables each Senator to live up to their oath of office to serve the citizens of the state. Tom Hoemann served with dedication, with intelligence, with an exceptional knowledge of the institution, with integrity, with a wonderful low-key administrative style that enabled him to work with everybody and deal with the myriad of unexpected circumstances that always come up in a legislative body. So I would like to clearly note that he served with distinction, with integrity, always lived up to the premise that the Secretary of the Senate serves the entire senate and I hope others join with me, I know many, everybody does, to wish him a very pleasant and wonderful retirement. Thank you.”

 

REMARKS BY THE PRESIDENT

 

President Owen: “Before the President recognizes, let me take care of one thing so that the Justice can go back to work in the Temple of Justice. Thank you very much for your patience and your job for us today.”

 

APPOINTMENT OF SPECIAL COMMITTEE

 

The President of the Senate appointed a committee of honor consisting of Senators Padden and Harper to escort Associate Chief Justice Charles Johnson from the Senate Chamber.

 

PERSONAL PRIVILEGE

 

Senator Parlette:  “Thank you Mr. President. I also would like to speak some good words about Tom Hoemann. He’s been very helpful. As Ranking on the F&O Committee, he was always available for both the chair and also for me and I really appreciate it. The most painful thing I had to do was call him over a weekend and say ‘I’m sorry Tom, but I’m moving in your office and you have until Monday morning to get out;’ That was awful. Anyway, we will miss him, I know he has plans for retirement and he certainly has served us well. Thank you.”

 

PERSONAL PRIVILEGE

 

Senator Eide:  “Well, I, too, would like to thank Tom Hoemann. I have been in leadership for sixteen years and for the last seven being the floor leader and this man that sat up at that rostrum was my life line. He was there at a moment’s notice helping me look good on this floor. Number one, Tom Hoemann is way too young to retire because I think he’s only a year or two older than I am. I just wanted to take this time for all of us, he’s been here a very long time. Thirty years is a long time for someone to be in this institution. He will be sorely missed. And Tom I’m still going to call you.”

 

MOTION

 

Senator Fain moved adoption of the following resolution:

 

SENATE RESOLUTION
8600

By Senators Tom and Murray

      BE IT RESOLVED, That a committee consisting of two members of the Senate be appointed by the President of the Senate to notify the Governor that the Senate is organized and ready to conduct business.

      The President declared the question before the Senate to be the adoption of Senate Resolution No. 8600.

The motion by Senator Fain carried and the resolution was adopted by voice vote.

 

APPOINTMENT OF SPECIAL COMMITTEE

 

In accordance with Senate Floor Resolution No. 8600, the President appointed Senators Bailey and Rolfes to notify the Governor that the Legislature was organized and ready to conduct business.

 

MOTION

 

On motion of Senator Fain, the appointments were confirmed.

 

MOTION

 

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

 

MESSAGE FROM THE HOUSE

 

January 14, 2013

 

MR. PRESIDENT:

The House has adopted:

HOUSE CONCURRENT RESOLUTION NO. 4400,

and the same is herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MESSAGE FROM THE HOUSE

 

January 14, 2013

 

MR. PRESIDENT:

The House has adopted:

HOUSE CONCURRENT RESOLUTION NO. 4401,

and the same is herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MESSAGE FROM THE HOUSE

 

January 14, 2013

 

MR. PRESIDENT:

The House has adopted:

HOUSE CONCURRENT RESOLUTION NO. 4402,

and the same is herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MOTION

 

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

 

INTRODUCTION AND FIRST READING

 

SB 5000             by Senator Honeyford

 

AN ACT Relating to aeronautic safety; adding a new section to chapter 14.16 RCW; and prescribing penalties.

 

Referred to Committee on Transportation.

 

SB 5001             by Senators Honeyford, Tom and Holmquist Newbry

 

AN ACT Relating to requiring senate confirmation of growth management hearings board members; and amending RCW 36.70A.250.

 

Referred to Committee on Governmental Operations.

 

SB 5002             by Senators Honeyford, Fraser and Ericksen

 

AN ACT Relating to mosquito control districts; and amending RCW 17.28.160.

 

Referred to Committee on Governmental Operations.

 

SB 5003             by Senator Ericksen

 

AN ACT Relating to reducing the cost of transportation projects by providing a sales and use tax exemption; adding a new section to chapter 82.08 RCW; and adding a new section to chapter 82.12 RCW.

 

Referred to Committee on Transportation.

 

SB 5004             by Senator Ericksen

 

AN ACT Relating to restricting gubernatorial appointment of legislators to boards, commissions, and councils; amending RCW 43.06.010, 36.70A.250, 43.21B.020, 43.52.374, 51.52.010, 66.08.012, 80.01.010, and 82.03.020; reenacting and amending RCW 9.95.003 and 80.50.030; and adding a new section to chapter 43.06 RCW.

 

Referred to Committee on Governmental Operations.

 

SB 5005             by Senators Ericksen and Sheldon

 

AN ACT Relating to fiscal relief for cities and counties in times of declining revenues; amending RCW 71.20.110, 73.08.080, 82.14.049, 82.14.350, 82.14.370, 82.14.400, 82.14.420, 82.14.460, 84.34.230, 84.52.069, 84.52.135, 84.55.050, 9.46.113, and 67.28.1815; adding a new section to chapter 36.01 RCW; adding a new section to chapter 35.21 RCW; and adding a new section to chapter 35A.37 RCW.

 

Referred to Committee on Governmental Operations.

 

SB 5006             by Senators Rolfes, Honeyford, Hatfield and Delvin

 

AN ACT Relating to uncontested rate modifications for utilities and transportation commission regulated water companies; and adding a new section to chapter 80.28 RCW.

 

Referred to Committee on Energy, Environment & Telecommunications.

 

SB 5007             by Senators Mullet and Benton

 

AN ACT Relating to the settling of certain insurer transactions; amending RCW 48.31.020; and adding a new section to chapter 48.31 RCW.

 

Referred to Committee on Financial Institutions & Insurance.

 

SB 5008             by Senators Hobbs, Benton and Hatfield

 

AN ACT Relating to portable electronics insurance; amending RCW 48.18.100, 48.19.030, and 48.120.015; and adding a new section to chapter 48.120 RCW.

 

Referred to Committee on Financial Institutions & Insurance.

 

SB 5009             by Senators Hobbs, Litzow, Keiser, Ranker, Conway, Fraser, Darneille, Nelson, Rolfes, Kline, Hasegawa, Harper, Kohl-Welles, Billig, Mullet, McAuliffe, Chase, Hatfield, Eide, Cleveland, Murray and Frockt

 

AN ACT Relating to preserving health insurance coverage for the voluntary termination of a pregnancy by requiring health plans issued or renewed on or after January 1, 2014, that provide coverage for maternity care or services to provide a covered person with substantially equivalent coverage to permit the voluntary termination of a pregnancy, by prohibiting a health plan from limiting in any way a woman's access to services related to the voluntary termination of a pregnancy other than terms and conditions generally applicable to the health plan's coverage of maternity care or services including applicable cost sharing, by not limiting in any way a woman's constitutionally or statutorily protected right to voluntarily terminate a pregnancy, by clarifying that health plans are not required to cover abortions that would be unlawful under RCW 9.02.120, by providing an exemption for a multistate plan that does not cover the voluntary termination of pregnancies under federal law, by making the provisions of this act inapplicable to the minimum extent necessary to avoid noncompliance with federal requirements that are a prescribed condition to the allocation of federal funds to the state, and by clarifying that nothing in this act affects the statutory right of objection based on conscience or religion as set forth in RCW 48.43.065 or 70.47.160; and adding a new section to chapter 48.43 RCW.

 

Referred to Committee on Health Care.

 

SB 5010             by Senators Padden, Sheldon and Carrell

 

AN ACT Relating to community custody conditions for marijuana; and reenacting and amending RCW 9.94A.703.

 

Referred to Committee on Law & Justice.

 

SB 5011             by Senators Benton, Delvin, Padden, Sheldon and Smith

 

AN ACT Relating to prohibiting the state of Washington and its political subdivisions from adopting and developing environmental and developmental policies that infringe or restrict private property rights without due process; and adding a new section to chapter 36.70A RCW.

 

Referred to Committee on Law & Justice.

 

SB 5012             by Senators Benton, Bailey, Carrell, Delvin, Ericksen, Padden, Sheldon and Becker

 

AN ACT Relating to verifying lawful status of individuals upon obtaining or renewing their state-issued drivers' licenses or related identification; and adding a new section to chapter 46.20 RCW.

 

Referred to Committee on Transportation.

 

SB 5013             by Senator Benton

 

AN ACT Relating to annexations; amending RCW 35.10.217, 35.13.150, 35.13.180, 35.13.182, 35.13.185, 35.13.190, 35.13.210, 35.13.440, 35.13.470, 35.13.480, 35.13.490, 35.21.790, 35.21.890, 35A.14.295, 35A.14.297, 35A.14.299, 35A.14.300, 35A.14.310, 35A.14.440, 35A.14.460, 35A.14.470, 35A.14.480, 35A.14.490, and 35A.21.210; and repealing RCW 35.13.1821 and 35.13.1822.

 

Referred to Committee on Governmental Operations.

 

SB 5014             by Senators Benton, Becker and Holmquist Newbry

 

AN ACT Relating to eminent domain; and adding a new chapter to Title 8 RCW.

 

Referred to Committee on Law & Justice.

 

SB 5015             by Senator Benton

 

AN ACT Relating to aggravated first degree murder; amending RCW 10.95.020; and prescribing penalties.

 

Referred to Committee on Law & Justice.

 

SB 5016             by Senators Benton, Sheldon, Hewitt, Hasegawa and Holmquist Newbry

 

AN ACT Relating to eliminating the periodic replacement requirement for license plates; amending RCW 46.16A.200, 46.17.200, and 46.18.130; and reenacting and amending RCW 46.18.140.

 

Referred to Committee on Transportation.

 

SB 5017             by Senators Benton and Carrell

 

AN ACT Relating to eliminating the certificate of need review for all health care facilities except hospitals; amending RCW 70.38.018, 70.38.025, 70.38.105, 70.38.115, 70.38.118, 70.38.125, and 70.38.135; and repealing RCW 70.38.111.

 

Referred to Committee on Health Care.

 

SB 5018             by Senators Benton and Carrell

 

AN ACT Relating to eliminating the requirement to purchase public art with appropriations made for construction of public buildings; and repealing RCW 43.17.200, 43.17.205, 43.17.210, 43.19.455, 28A.335.210, 28B.10.025, and 28B.10.027.

 

Referred to Committee on Ways & Means.

 

SB 5019             by Senator Benton

 

AN ACT Relating to the use of public resources by office holders during campaigns; and amending RCW 42.52.180 and 42.52.185.

 

Referred to Committee on Governmental Operations.

 

SB 5020             by Senators Sheldon and Carrell

 

AN ACT Relating to indigent defense; amending RCW 10.101.020; and reenacting and amending RCW 10.101.010.

 

Referred to Committee on Law & Justice.

 

SB 5021             by Senators Padden and Carrell

 

AN ACT Relating to changing the crime of riot to the crime of criminal mischief; amending RCW 9A.84.010; prescribing penalties; and providing an effective date.

 

Referred to Committee on Law & Justice.

 

SB 5022             by Senators Padden, Sheldon and Carrell

 

AN ACT Relating to changing retail theft with extenuating circumstances to retail theft with special circumstances; amending RCW 9A.56.360; prescribing penalties; and providing an effective date.

 

Referred to Committee on Law & Justice.

 

SB 5023             by Senator Padden

 

AN ACT Relating to college DUI courts; amending RCW 2.28.175; creating a new section; and providing an effective date.

 

Referred to Committee on Law & Justice.

 

SB 5024             by Senators King, Eide and McAuliffe

 

AN ACT Relating to transportation funding and appropriations; amending RCW 47.64.170, 47.64.270, 46.68.030, 46.68.070, 46.68.170, 46.68.325, 46.68.370, 47.12.244, 47.12.340, 47.56.876, 47.66.070, and 82.44.190; amending 2012 c 86 ss 201, 202, 203, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 301, 302, 303, 305, 306, 307, 308, 309, 310, 401, 402, 404, 405, 406, and 407 (uncodified); amending 2011 c 367 ss 702, 710, and 711 (uncodified); reenacting and amending RCW 46.68.060 and 70.105D.070; creating new sections; making appropriations and authorizing expenditures for capital improvements; and declaring an emergency.

 

Referred to Committee on Transportation.

 

SCR 8400           by Senators Schoesler and Fraser

 

Calling joint sessions for various purposes.

 

SUPPLEMENTAL INTRODUCTION AND FIRST READING

 

HCR 4400          by Representatives Sullivan and Kretz

 

Adopting joint rules.

 

HCR 4401          by Representatives Sullivan and Kretz

 

Establishing cutoff dates.

 

HCR 4402          by Representatives Sullivan and Kretz

 

Calling two joint sessions of the legislature.

 

MOTION

 

On motion of Senator Fain, and without objection, all measures listed on the Introduction and First Reading and the supplemental report were referred to the committees as designated with the exception of House Concurrent Resolution No. 4400, House Concurrent Resolution No. 4401, House Resolution No. 4402 and Senate Concurrent Resolution No. 8400 which were placed on the second reading calendar under suspension of the rules, and Senate Bill No. 5011 was held at the desk.

 

REPORT OF COMMITTEE

 

The Senate Committee composed of Senators Bailey and Rolfes appeared before the bar of the Senate and reported that the Governor had been notified under the provisions of Senate Floor Resolution No. 8600 that the Legislature was organized and ready to conduct business

 

The President received the report of the committee and the committee was discharged.

 

MOTION

 

On motion of Senator Fain, the Senate advanced to the sixth order of business.

 

SECOND READING

 

 

HOUSE CONCURRENT RESOLUTION NO. 4402, by Representatives Sullivan and Kretz

 

Calling two joint sessions of the legislature.

 

The measure was read the second time.

 

MOTION

 

On motion of Senator Fain, the rules were suspended, House Concurrent Resolution No. 4402 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the final passage of House Concurrent Resolution No. 4402.

 

HOUSE CONCURRENT RESOLUTION NO. 4402 was adopted on third reading by voice vote.

 

SECOND READING

 

 

SENATE CONCURRENT RESOLUTION NO. 8400, by Senators Schoesler and Fraser

 

Calling joint sessions for various purposes.

 

The measure was read the second time.

 

MOTION

 

On motion of Senator Fain, the rules were suspended, Senate Concurrent Resolution No. 8400 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the final passage of Senate Concurrent Resolution No. 8400.

 

SENATE CONCURRENT RESOLUTION NO. 8400 was adopted on third reading by voice vote.

 

SECOND READING

 

HOUSE CONCURRENT RESOLUTION NO. 4401, by Representatives Sullivan and Kretz

 

Establishing cutoff dates.

 

The measure was read the second time.

 

MOTION

 

On motion of Senator Fain, the rules were suspended, House Concurrent Resolution No. 4401 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the final passage of House Concurrent Resolution No. 4401.

 

HOUSE CONCURRENT RESOLUTION NO. 4401 was adopted on third reading by voice vote.

 

SECOND READING

 

 

HOUSE CONCURRENT RESOLUTION NO. 4400, by Representatives Sullivan and Kretz

 

Adopting joint rules.

 

The measure was read the second time.

 

MOTION

 

On motion of Senator Fain, the rules were suspended, House Concurrent Resolution No. 4400 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the final passage of House Concurrent Resolution No. 4400.

 

HOUSE CONCURRENT RESOLUTION NO. 4400 was adopted on third reading by voice vote.

 

STANDING COMMITTEE ASSIGNMENTS

 

The President announced the following 2013 Standing Committee Assignments.

 

2013 PROPOSED SENATE STANDING COMMITTEE ASSIGNMENTS

 

Agriculture, Water & Rural Economic Development

Hatfield, Chair ;Honeyford, Ranking Member; Delvin; Eide; Hobbs; Schoesler; Shin

 

Commerce & Labor

Holmquist Newbry, Chair; Braun, Vice Chair; Conway, Ranking Member; Keiser; King; Hasegawa; Hewitt

 

Early Learning & K-12 Education

Litzow, Chair; Dammeier, Vice Chair; McAuliffe, Ranking Member; Rolfes, Assistant Ranking Member; Billig; Cleveland; Delvin; Fain; Hill; Mullet; Rivers

 

Energy, Environment & Telecommunications

Ericksen, Chair; Ranker, Ranking Member; Billig; Chase; Cleveland; Delvin; Honeyford; Sheldon; Litzow

 

Financial Institutions & Insurance

Hobbs, Chair; Benton, Ranking Member; Fain; Hatfield; Mullet; Nelson; Roach

 

Governmental Operations

Roach, Chair; Hasegawa, Ranking Member; Conway; Benton; Braun; Fraser; Rivers

 

Health Care

Becker, Chair; Keiser, Ranking Member; Bailey; Cleveland; Dammeier; Ericksen; Frockt; Parlette ; LD 26

 

Higher Education

Bailey, Chair; Kohl-Welles, Ranking Member; Baumgartner; Becker; Frockt; McAuliffe; Tom

 

Human Services & Corrections

Carrell, Chair; Darneille, Ranking Member; Baumgartner; Hargrove; Harper; Padden; Pearson

 

Law & Justice

Padden, Chair; Kline, Ranking Member; Carrell; Darneille; Kohl-Welles; Pearson; Roach

 

Natural Resources & Parks

Pearson, Chair; Rolfes, Ranking Member; Hargrove; Hewitt; Kline; Parlette; Smith

 

Rules

Sheldon (Vice Chair); Bailey; Becker; Benton; Billig; Carrell; Dammeier; Darneille; Ericksen; Fain; Fraser; Frockt; Harper; Keiser; King; Kohl-Welles; Murray; Parlette; Rivers; Schoesler; Tom

 

Trade & Economic Development

Braun, Chair; Chase, Ranking Member; Baumgartner; Holmquist Newbry; Shin; Smith; LD 26

 

Transportation

King, Co-Chair; Eide, Co-Chair; Benton, Vice Co-Chair; Hobbs, Vice Co-Chair; Fain, Budget Leadership Cabinet; Billig; Carrell; Delvin; Ericksen; Harper; Litzow ; Mullet; Rolfes; Sheldon; Smith; LD 26

 

Ways & Means

Hill, Chair; Baumgartner, Vice Chair; Honeyford, Capital Budget Chair; Hargrove, Ranking Member; Nelson, Assistant Ranking Member; Bailey; Becker; Braun; Conway; Dammeier; Fraser; Hasegawa; Hatfield; Hewitt; Keiser; Kohl-Welles; Murray; Padden; Parlette; Ranker; Rivers; Schoesler; Tom

 

MOTION

 

On motion of Senator Fain the appointments were confirmed.

 

MOTION

 

On motion of Senator Fain, the Senate reverted to the third order of business.

 

MESSAGE FROM THE SECRETARY OF STATE

CANVASS OF THE RETURNS

OF THE GENERAL ELECTION

HELD ON NOVEMBER 6, 2012

 

        I, Sam Reed, Secretary of State of the State of Washington, do hereby certify that according to the provisions of RCW 29A.60.260, I have canvassed the returns of the 3,172,939 ballots cast by the 3,904,959 registered voters of the state for and against the initiatives, referenda, constitutional amendments, and advisory measures which were submitted to the vote of the people at the state general election held on the 6th day of November, 2012, as received from the County Auditors.

Initiative Measure No. 1185

Initiative Measure No. 1185 concerns tax and fee increases imposed by state government.

This measure would restate existing statutory requirements that legislative actions raising taxes must be approved by two-thirds legislative majorities or receive voter approval, and that new or increased fees require majority legislative approval.

Yes              1,892,969

No               1,069,083

Initiative Measure No. 1240

Initiative Measure No. 1240 concerns creation of a public charter school system.

This measure would authorize up to forty publicly-funded charter schools open to all students, operated through approved, nonreligious, nonprofit organizations, with government oversight; and modify certain laws applicable to them as public schools.

Yes              1,525,807

No               1,484,125

Referendum Measure No. 74

The legislature passed Engrossed Substitute Senate Bill 6239 concerning marriage for same-sex couples, modified domestic-partnership law, and religious freedom, and voters have filed a sufficient referendum petition on this bill.

This bill would allow same-sex couples to marry, preserve domestic partnerships only for seniors, and preserve the right of clergy or religious organizations to refuse to perform, recognize, or accommodate any marriage ceremony.

Approved                1,659,915

Rejected                  1,431,285

 

Initiative Measure No. 502

Initiative Measure No. 502 concerns marijuana.

This measure would license and regulate marijuana production, distribution, and possession for persons over twenty-one; remove state-law criminal and civil penalties for activities that it authorizes; tax marijuana sales; and earmark marijuana-related revenues.

Yes              1,724,209

No               1,371,235

 

Engrossed Senate Joint Resolution No. 8221

The Legislature has proposed a constitutional amendment on implementing the Commission on State Debt recommendations regarding Washington's debt limit.

This amendment would, starting July 1, 2014, phase-down the debt limit percentage in three steps from nine to eight percent and modify the calculation date, calculation period, and the term general state revenues.

Approved                1,748,436

Rejected                  1,031,039

Senate Joint Resolution No. 8223

The Legislature has proposed a constitutional amendment on investments by the University of Washington and Washington State University.

This amendment would create an exception to constitutional restrictions on investing public funds by allowing these universities to invest specified public funds as authorized by the legislature, including in private companies or stock.

Approved    1,258,969

Rejected                1,602,785

 

Advisory Vote No. 1, Engrossed Senate Bill 6635

The legislature eliminated, without a vote of the people, a business and occupation tax deduction for certain financial institutions’ interest on residential loans, costing $170,000,000 in its first ten years, for government spending.

Repealed                 1,552,134

Maintained              1,175,863

 

Advisory Vote No. 2, Substitute House Bill 2590

The legislature extended, without a vote of the people, expiration of a tax on possession of petroleum products and reduced the tax rate, costing $24,000,000 in its first ten years, for government spending.

Repealed                 1,476,491

Maintained              1,207,812

 

        I further certify that according to the provisions of RCW 29A.60.250, I have canvassed the returns of the ballots cast for all federal and statewide offices, and those legislative and judicial offices whose jurisdiction encompasses more than one county in the General Election held on the 6th day of November, 2012, as received from the County Auditors, and that the votes cast for candidates for these offices are as follows:

 


 

U.S. President/Vice President

Barack Obama/Joe Biden

Democratic Party

1,755,396

Mitt Romney/Paul Ryan

Republican Party

1,290,670

Gary Johnson/James P. Gray

Libertarian Party

42,202

Virgil Goode/James N. Clymer

Constitution Party

8,851

Jill Stein/Cheri Honkala

Green Party

20,928

Peta Lindsay/Yari Osorio

Socialism & Liberation Party

1,318

James Harris/Alyson Kennedy

Socialist Workers Party

1,205

Ross C. (Rocky) Anderson/
Luis J. Rodriguez

Justice Party

4,946

 

U.S. Senator

Maria Cantwell

(Prefers Democratic Party)

1,855,493

Michael Baumgartner

(Prefers Republican Party)

1,213,924

Congressional District 1 - U.S. Representative

John Koster

(Prefers Republican Party)

151,187

Suzan DelBene

(Prefers Democratic Party)

177,025

Congressional District 2 - U.S. Representative

Rick Larsen

(Prefers Democratic Party)

184,826

Dan Matthews

(Prefers Republican Party)

117,465

Congressional District 3 - U.S. Representative

Jaime Herrera Beutler

(Prefers Republican Party)

177,446

Jon T. Haugen

(Prefers Democratic Party)

116,438

Congressional District 4 - U.S. Representative

Doc Hastings

(Prefers Republican Party)

154,749

Mary Baechler

(Prefers Democratic Party)

78,940


Congressional District 5 - U.S. Representative

Cathy McMorris Rodgers

(Prefers Republican Party)

191,066

Rich Cowan

(Prefers Democratic Party)

117,512

Congressional District 6 - U.S. Representative

Derek Kilmer

(Prefers Democratic Party)

186,661

Bill Driscoll

(Prefers Republican Party)

129,725

Congressional District 7 - U.S. Representative

Jim McDermott

(Prefers Democratic Party)

298,368

Ron Bemis

(Prefers Republican Party)

76,212

Congressional District 8 - U.S. Representative

Dave Reichert

(Prefers Republican Party)

180,204

Karen Porterfield

(Prefers Democratic Party)

121,886

Congressional District 9 - U.S. Representative

Adam Smith

(Prefers Democratic Party)

192,034

Jim Postma

(Prefers Republican Party)

76,105

Congressional District 10 - U.S. Representative

Denny Heck

(Prefers Democratic Party)

163,036

Richard (Dick) Muri

(Prefers Republican Party)

115,381

Congressional District 1 One Month Short Term - U.S. Representative

John Koster

(Prefers Republican Party)

141,591

Suzan DelBene

(Prefers Democratic Party)

216,144

Governor

Jay Inslee

(Prefers Democratic Party)

1,582,802

Rob McKenna

(Prefers Republican Party)

1,488,245

Lieutenant Governor

Brad Owen

(Prefers Democrat Party)

1,575,133

Bill Finkbeiner

(Prefers Republican Party)

1,359,212

Secretary of State

Kim Wyman

(Prefers Republican Party)

1,464,741

Kathleen Drew

(Prefers Democratic Party)

1,442,868

State Treasurer

Jim McIntire

(Prefers Democratic Party)

1,695,401

Sharon Hanek

(Prefers Republican Party)

1,192,150

State Auditor

James Watkins

(Prefers Republican Party)

1,344,137

Troy Kelley

(Prefers Democratic Party)

1,512,620

Attorney General

Bob Ferguson

(Prefers Democratic Party)

1,564,443

Reagan Dunn

(Prefers Republican Party)

1,361,010

Commissioner of Public Lands

Peter J. Goldmark

(Prefers Democratic Party)

1,692,083

Clint Didier

(Prefers Republican Party)

1,188,411

Superintendent of Public Instruction

Randy I. Dorn

2,164,163

Insurance Commissioner

Mike Kreidler

(Prefers Democratic Party)

1,662,555

John R. Adams

(Prefers Republican Party)

1,188,926

Legislative District 1 - State Senator

Rosemary McAuliffe

(Prefers Democratic Party)

37,316

Dawn McCravey

(Prefers Republican Party)

29,932

Legislative District 1 - State Representative Pos. 1

Derek Stanford

(Prefers Democratic Party)

37,824

Sandy Guinn

(Prefers Republican Party)

27,559

Legislative District 1 - State Representative Pos. 2

Luis Moscoso

(Prefers Democratic Party)

38,346

Mark T. Davies

(States No Party Preference)

24,373

Legislative District 2 - State Senator

Randi Becker

(Prefers Republican Party)

31,946

Bruce L. Lachney

(Prefers Democratic Party)

24,286

Legislative District 2 - State Representative Pos. 1

Gary Alexander

(Prefers Republican Party)

32,174

Greg Hartman

(Prefers Democratic Party)

23,291

Legislative District 2 - State Representative Pos. 2

J.T. Wilcox

(Prefers Republican Party)

44,770

Legislative District 7 - State Representative Pos. 1

Shelly Short

(Prefers Republican Party)

50,821

Legislative District 7 - State Representative Pos. 2

Joel Kretz

(Prefers Republican Party)

36,747

Robert (Bob) Wilson

(Prefers Republican Party)

20,337

Legislative District 9 - State Senator

Mark G. Schoesler

(Prefers G.O.P. Party)

39,390

Legislative District 9 - State Representative Pos. 1

Susan Fagan

(Prefers Republican Party)

39,428

Legislative District 9 - State Representative Pos. 2

Joe Schmick

(Prefers Republican  Party)

39,620

Legislative District 10 - State Senator

Barbara Bailey

(Prefers Republican Party)

37,810

Mary Margaret Haugen

(Prefers Democratic Party)

33,778

Legislative District 10 - State Representative Pos. 1

Norma Smith

(Prefers Republican Party)

42,581

Aaron Simpson

(Prefers Democratic Party)

27,061

Legislative District 10 - State Representative Pos. 2

Dave Hayes

(Prefers Republican Party)

36,086

Tom Riggs

(Prefers Democratic Party)

32,885

Legislative District 12 - State Senator

Linda Evans Parlette

(Prefers Gop Party)

44,318

Legislative District 12 - State Representative Pos. 1

Cary Condotta

(Prefers Republican Party)

32,767

Stan Morse

(Prefers Republican Party)

17,736

Legislative District 12 - State Representative Pos. 2

Mike Armstrong

(Prefers Republican Party)

25,253

Brad Hawkins

(Prefers Republican Party)

26,186

Legislative District 13 - State Representative Pos. 1

Judith (Judy) Warnick

(Prefers Republican Party)

37,557


Legislative District 13 - State Representative Pos. 2

Matt Manweller

(Prefers Republican Party)

31,880

Kaj Selmann

(Prefers Democratic Party)

14,627

Legislative District 14 - State Senator

Curtis King

(Prefers Republican Party)

40,394

Legislative District 14 - State Representative Pos. 1

Norm Johnson

(Prefers Republican Party)

32,930

Paul Spencer

(Prefers Democratic Party)

18,583

Legislative District 14 - State Representative Pos. 2

Charles Ross

(Prefers Republican Party)

33,676

Mathew K.M. Tomaskin

(Prefers Democratic Party)

17,669

Legislative District 16 - State Senator

Mike Hewitt

(Prefers Republican Party)

32,717

Scott Nettles

(Prefers Democratic Party)

14,197

Legislative District 16 - State Representative Pos. 1

Maureen Walsh

(Prefers Republican Party)

25,503

Mary Ruth Edwards

(Prefers Republican Party)

18,307

Legislative District 16 - State Representative Pos. 2

Terry R. Nealey

(Prefers Republican Party)

37,331

Legislative District 19 - State Senator

Brian Hatfield

(Prefers Democratic Party)

34,590

Rick Winsman

(Prefers Republican Party)

21,056

Legislative District 19 - State Representative Pos. 1

Dean Takko

(Prefers Democratic Party)

33,981

Dixie Kolditz

(Prefers Republican Party)

21,212

Legislative District 19 - State Representative Pos. 2

Brian E. Blake

(Prefers Democratic Party)

31,266

Tim Sutinen

(Prefers Independent Party)

22,740

Legislative District 20 - State Senator

Dan Swecker

(Prefers Republican Party)

24,075

John E. Braun

(Prefers Republican Party)

29,943


Legislative District 20 - State Representative Pos. 1

Richard DeBolt

(Prefers Republican Party)

45,137

Legislative District 20 - State Representative Pos. 2

Ed Orcutt

(Prefers Republican Party)

34,548

John Morgan

(Prefers Republican Party)

15,755

Legislative District 24 - State Senator

Jim Hargrove

(Prefers Democratic Party)

44,417

Larry Carter

(Prefers Independent Party)

23,455

Legislative District 24 - State Representative Pos. 1

Kevin Van De Wege

(Prefers Democratic Party)

43,085

Craig Durgan  

(States No Party Preference)

23,980

Legislative District 24 - State Representative Pos. 2

Steve Tharinger

(Prefers Democratic Party)

40,045

Steve Gale

(Prefers Republican Party)

28,470

Legislative District 26 - State Representative Pos. 1

Jan Angel

(Prefers Republican Party)

39,234

Karin Ashabraner

(Prefers Democratic Party)

27,164

Legislative District 26 - State Representative Pos. 2

Larry Seaquist

(Prefers Democratic Party)

35,384

Doug Richards

(Prefers Republican Party)

30,675

Legislative District 30 - State Representative Pos. 1

Linda Kochmar

(Prefers Republican Party)

24,142

Roger Flygare

(Prefers Democratic Party)

23,487

Legislative District 30 - State Representative Pos. 2

Katrina Asay

(Prefers Republican Party)

21,454

Roger Freeman

(Prefers Democratic Party)

26,155

Legislative District 31 - State Representative Pos. 1

Cathy Dahlquist

(Prefers Republican Party)

37,187

Brian L. Gunn

(Prefers Democratic Party)

22,018

Legislative District 31 - State Representative Pos. 2

Christopher Hurst

(Prefers Independent Dem. Party)

32,462

Lisa Connors

(Prefers Republican Party)

26,237

Legislative District 32 - State Representative Pos. 1

Cindy Ryu

(Prefers Democratic Party)

45,276

Randy J. Hayden

(Prefers Republican Party)

17,429

Legislative District 32 - State Representative Pos. 2

Ruth Kagi

(Prefers Democratic Party)

45,495

Robert Reedy

(Prefers Republican Party)

16,917

Legislative District 35 - State Representative Pos. 1

Kathy Haigh

(Prefers Democratic Party)

33,263

Dan Griffey

(Prefers Republican Party)

31,439

Legislative District 35 - State Representative Pos. 2

Drew C. MacEwen

(Prefers Republican Party)

32,975

Lynda Ring-Erickson

(Prefers Democratic Party)

30,638

Legislative District 39 - State Senator

Kirk Pearson

(Prefers Republican Party)

33,449

Scott Olson

(Prefers Democratic Party)

24,603

Legislative District 39 - State Representative Pos. 1

Dan Kristiansen

                   (Prefers Republican Party)

 32,044

Linda Wright

                   (Prefers Democrat Party)

25,799

Legislative District 39 - State Representative Pos. 2

Eleanor Walters

                   (Prefers Democratic Party)

26,705

Elizabeth Scott

                   (Prefers Republican Party)

30,667

Legislative District 40 - State Senator

Kevin Ranker

                (Prefers Democratic Party)

40,677

John Swapp

                (Prefers Independent-Gop Party)

23,959

Legislative District 40 - State Representative Pos. 1

Kristine Lytton

                (Prefers Democratic Party)

44,113

Brandon Robinson

                (States No Party Preference)

15,810

Legislative District 40 - State Representative Pos. 2

 

Jeff Morris

                (Prefers Democratic Party)

43,868

 

Howard A. Pellett

                (Prefers Green Party)

14,333

 

 

Supreme Court - Justice Position 2

 

Susan Owens

2,098,447

 

 

Supreme Court - Justice Position 8

 

Steve Gonzalez

2,082,194

 

 

Supreme Court - Justice Position 9

 

Sheryl Gordon McCloud

1,355,144

 

Richard B. Sanders

1,097,846

 

 

Court of Appeals, Division 1, District 3 - Judge Position 1

 

Mary Kay Becker

132,652

 

 

Court of Appeals, Division 2, District 2 - Judge Position 2

 

Pamela (Pam) Loginsky

135,034

 

Thomas Bjorgen

148,088

 

 

Court of Appeals, Division 2, District 3 - Judge Position 1

 

Joel Penoyar

188,183

 

 

Court of Appeals, Division 3, District 1 - Judge Position 1

 

Laurel Siddoway

181,130

 

 

Court of Appeals, Division 3, District 3 - Judge Position 2

 

Teresa C. Kulik

102,499

 

 

Asotin, Columbia, Garfield Superior Court - Judge Position 1

 

William D. (Bill) Acey

10,807

 

 

Ferry, Pend Oreille, Stevens Superior Court - Judge Position 1

 

Patrick A. Monasmith

20,669

 

 

Ferry, Pend Oreille, Stevens Superior Court - Judge Position 2

 

Allen Nielson

20,340

 

 

Klickitat, Skamania Superior Court - Judge Position 1

 

Brian Altman

9,732

 

 

Pacific, Wahkiakum Superior Court - Judge Position 1

 

Mike Sullivan

8,002

 

Dennis Gordon

2,942

 


 

The total number of votes cast for the office of Governor in the November 6, 2012, General Election equals 3,079,639. In accordance with Article II, Section 1 of the Washington State Constitution and RCW 29A.72.150, the number of signatures of legal voters on a petition measure is determined by the total votes cast for the office of Governor at the preceding election. Signature petitions for initiatives must be equal to or exceed eight percent of and four percent of the votes cast for a referendum. To meet the eight percent requirement during the next four years, sponsors of initiative measures must submit a minimum of 246,372 valid signatures and to meet the four percent requirement, sponsors of referendum measures must submit a minimum of 123,186 valid signatures.

 

In testimony whereof, I have hereunto set my hand and affixed the seal of the State of Washington on this 8th day of January, 2013, at Olympia, the State Capital.

SAM REED
Secretary of State

 

(Seal)

MESSAGE FROM THE SECRETARY OF STATE

 

The Honorable Brad Owen

President of the State Senate

Legislature of the State of Washington

Olympia, Washington 98504

 

Dear President Owen:

 

We respectfully transmit for your consideration the following regular session bills which were partially vetoed by the Governor, together with the official veto message setting forth her objection to the section or items of the bill, as required by Article III, Section 12, of the Washington State Constitution.

 

                     Engrossed Substitute Senate Bill No. 5978

                     Senate Bill No. 6159

                     Second Substitute Senate Bill No. 6263

                     Engrossed Substitute Senate Bill No. 6486

                     Substitute Senate Bill No. 6508

 

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of the state of Washington this 16th day of November 2012.

 

SAM REED,

Secretary of State

 

MESSAGE FROM THE SECRETARY OF STATE

 

The Honorable Brad Owen

President of the State Senate

Legislature of the State of Washington

Olympia, Washington 98504

 

Dear President Owen:

 

We respectfully transmit for your consideration the following first special session bill which has been partially vetoed by the Governor, together with the official veto message setting forth her objection to the section or items of the bill, as required by Article III, Section 12, of the Washington State Constitution

 

                     Second Engrossed Substitute Senate Bill No. 6406

 

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of the state of Washington this 16th day of November 2012.

 

SAM REED,

Secretary of State

 

 

MESSAGE FROM THE SECRETARY OF STATE

 

The Honorable Brad Owen

President of the State Senate

Legislature of the State of Washington

Olympia Washington 98504

 

Dear President Owen:

 

We respectfully transmit for your consideration the following second special session bills which were partially vetoed by the Governor, together with the official veto message setting forth her objection to the section or items of the bill, as required by Article III, Section 12, of the Washington State Constitution.

 

              Engrossed Senate Bill No. 6074

 

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of the state of Washington this 16th day of November 2012.

 

SAM REED,

Secretary of State

MESSAGE FROM THE SECRETARY OF STATE

 

PROVISIONAL CERTIFICATION OF INITIATIVE TO THE LEGISLATURE NO. 517

 

Pursuant to Article II, Section 1 of the Washington State Constitution and RCW 29A.72.230, prior to the deadline of January 4, the Office of the Secretary of State received signature petitions submitted in support of Initiative to the Legislature No. 517, “Protect the Initiative Act.”

 

The Office of the Secretary of State is currently examining the signatures. 241,153 valid signatures are required by Article II, Section 1 of the Washington State Constitution.

 

I hereby attach a true and correct copy of Initiative to the Legislature No. 517.

 

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the state of Washington this 4th day of January 2013.

 

SAM REED,

Secretary of State

 

MESSAGE FROM THE SECRETARY OF STATE

 

PROVISIONAL CERTIFICATION OF INITIATIVE TO THE LEGISLATURE NO. 522

 

Pursuant to Article II, Section 1 of the Washington State Constitution and RCW 29A.72.230, prior to the deadline of January 4, the Office of the Secretary of State received signature petitions submitted in support of Initiative to the Legislature No. 522, “The People’s Right to Know Genetically Food Act.”

 

The Office of the Secretary of State is currently examining the signatures. 241,153 valid signatures are required by Article II, Section 1 of the Washington State Constitution.

 

I hereby attach a true and correct copy of Initiative to the Legislature No. 522.

 

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the state of Washington this 4th day of January 2013.

 

SAM REED,

Secretary of State

MESSAGE FROM THE GOVERNOR

PARTIAL VETO ON ENGROSSED SUBSTITUTE SENATE BILL NO. 5978

 

March 30, 2012

 

To the Honorable President and Members,

The Senate of the State of Washington

 

Ladies and Gentlemen:

 

I am returning herewith, without my approval as to Section 218, Engrossed Substitute Senate Bill 5978 entitled:

 

"AN ACT Relating to medicaid fraud."

 

Engrossed Substitute Senate Bill 5978 creates a new State Medicaid Fraud False Claims Act.  The federal Deficit Reduction Act of 2005 provides that the federal government will give to the state ten percent of any funds recovered as part of Medicaid enforcement actions brought under a state law comparable to the federal False Claims Act. 

 

The emergency clause in Section 218 providing for Engrossed Substitute Senate Bill 5978 to take effect immediately is not necessary.  The bill will be effective ninety days after the adjournment of the session at which it was enacted, which will be June 7, 2012.  There is no need to provide an earlier effective date.  The Legislature has not yet provided funding to implement the provisions of this bill; the Health Care Authority and the Attorney General’s Office will need time to prepare for implementation; and the State can request federal approval under the Deficit Reduction Act of 2005 in a timely manner without the emergency clause.

 

For these reasons, I have vetoed Section 218 of Engrossed Substitute Senate Bill 5978.

 

With the exception of Section 218, Engrossed Substitute Senate Bill 5978 is approved.

 

Respectfully submitted,

Christine Gregoire, Governor

 

MESSAGE FROM THE GOVERNOR

PARTIAL VETO ON SENATE BILL NO. 6159

 

March 30, 2012

 

To the Honorable President and Members,

The Senate of the State of Washington

 

Ladies and Gentlemen:

 

I am returning herewith, without my approval as to Section 2, Senate Bill 6159 entitled:

 

"AN ACT Relating to a business and occupation tax deduction for amounts received with

respect to dispute resolution services."

 

Senate Bill 6159 allows dispute resolution centers to deduct amounts they receive as contributions from federal, state, and local government or nonprofit organizations from the measure of the business and occupation tax.  Nonprofit organizations may also deduct from the measure of tax amounts received from federal, state, or local governments for distribution to a qualified dispute resolution center.

 

Section 2 would apply this deduction from the measure of the tax both prospectively and retroactively.  The retroactive application of the bill would reward delinquent taxpayers, while those who paid on time would not receive a refund under the prohibition on the gift of state funds in Article VIII, Section 5 of the Washington Constitution, as interpreted by the Washington Supreme Court.

 

For this reason, I have vetoed Section 2 of Senate Bill 6159.

 

With the exception of Section 2, Senate Bill 6159 is approved.

 

Respectfully submitted,

Christine Gregoire, Governor

 

MESSAGE FROM THE GOVERNOR

PARTIAL VETO ON SECOND SUBSTITUE SENATE BILL NO. 6263

 

 

March 30, 2012

 

To the Honorable President and Members,

The Senate of the State of Washington

 

Ladies and Gentlemen:

 

I am returning herewith, without my approval as to Sections 5 and 6, Second Substitute Senate Bill 6263 entitled:

 

"AN ACT Relating to facilitating marine management planning."

 

Sections 5 and 6 of the bill would establish the membership and duties of a new Washington State Coastal Solutions Council.  Among other duties, this Council would provide a forum to seek consistency in state, local, and tribal policies concerning coastal waters issues; engage other governments on behalf of the state; and provide policy recommendations to the governor, the Legislature, and state and local agencies on specific coastal waters resource management issues.

 

It is unclear how the Council would exercise these substantial duties in relation to the agencies with jurisdiction, which could participate only as nonvoting members.  While the Council would be located within the Governor’s Office, the Council would determine its own membership and be an autonomous body.  As we look to regain our strength in the post-recession economy, now is not the time to be creating new state commissions.  I remain committed to an efficient, lean government that will better serve the citizens of this state.

 

I fully agree with the legislative intent to directly engage our coastal communities and give them a stronger voice in shaping their future.  To that purpose, I will assign a representative from my office to actively participate in the existing Coastal Advisory Board convened by the Department of Ecology.

 

For these reasons, I have vetoed Sections 5 and 6 of Second Substitute Senate Bill 6263.

 

With the exception of Sections 5 and 6, Second Substitute Senate Bill 6263 is approved.

 

Respectfully submitted,

Christine Gregoire, Governor

 

MESSAGE FROM THE GOVERNOR

PARTIAL VETO ON ENGROSSED SUBSTITUTE SENATE BILL NO. 6486

 

March 30, 2012

 

To the Honorable President and Members,

The Senate of the State of Washington

 

Ladies and Gentlemen:

 

I am returning herewith, without my approval as to Section 2, Engrossed Substitute Senate Bill 6486 entitled:

 

"AN ACT Relating to collective bargaining for postdoctoral researchers at certain state

 universities."

 

Section 2 provides this act is null and void if specific funding is not provided in the omnibus appropriations act.  A veto of this section is necessary to ensure collective bargaining rights for postdoctoral and clinical employees at the University of Washington and Washington State University.  Further, if specific funding is not provided in the omnibus appropriations act, the administrative costs associated with the collective bargaining can be paid within existing funds or allocated to the funds that support the employees, many of which are not within the State General Fund.   

 

For this reason, I have vetoed Section 2 of Engrossed Substitute Senate Bill 6486.

 

With the exception of Section 2, Engrossed Substitute Senate Bill 6486 is approved.

 

Respectfully submitted,

Christine Gregoire, Governor

 

MESSAGE FROM THE GOVERNOR

PARTIAL VETO ON SUBSTITUTE SEATE BILL NO. 6508

 

March 30, 2012

 

 

To the Honorable President and Members,

The Senate of the State of Washington

 

Ladies and Gentlemen:

 

I am returning herewith, without my approval as to Section 3, Substitute Senate Bill 6508 entitled:

 

"AN ACT Relating to department of social and health services waivers of overpayment

recoveries."

 

Section 3 requires the Office of Fraud and Accountability within the Department of Social and Health Services to collaborate with the Auditor’s Office and the Department of Early Learning to identify, review, and provide the Legislature with recommendations for integrated monitoring and detection systems to prevent overpayments of public assistance.  The Office of Fraud and Accountability was created for the specific purpose of focusing on the prevention and investigation of abuse and fraud in the use of public assistance benefits.  To avoid diluting this focus, the Secretary of the Department of Social and Health Services should determine what resources of the Department are best used in advancing measures to prevent non-fraudulent overpayments of public assistance. 

 

For this reason, I have vetoed Section 3 of Substitute Senate Bill 6508.

 

With the exception of Section 3, Substitute Senate Bill 6508 is approved.

 

Respectfully submitted,

Christine Gregoire, Governor

 

MESSAGE FROM THE GOVERNOR

PARTIAL VETO ON ENGROSSED SENATE BILL NO. 6074

 

April 23, 2012

 

To the Honorable President and Members,

The Senate of the State of Washington

 

Ladies and Gentlemen:

 

I am returning, without my approval as to Sections 1020, 3017, 6001(5)(b), and 6002, Engrossed Senate Bill 6074 entitled:

 

                “AN ACT Relating to funding capital project.”

 

Section 1020, pages 16-18, Office of Financial Management, Loan Program Consolidation Board

This proviso creates a loan program consolidation board to recommend a plan to consolidate under a single financing authority all existing state lending programs, including infrastructure and student loan programs. There have been five prior studies reviewing consolidation of infrastructure programs within the last six years. The most recent study was completed by the Public Works Board following the 2011 legislative session and provides ample information for a potential consolidation. Additionally, I do not believe it is appropriate for student loan programs to be comingled with infrastructure programs targeted to local governments and community groups. The Student Achievement Council is tasked to convene a work group on the higher education loan program and can better focus on reforming that program to meet the needs of today’s students. For these reason, I have vetoed Section 1020.

 

Section 3017, page 36, and Section 6001(5)(b), page 55, State Parks and Recreation Commission, Lake Sammamish Concession and Event Facility

The State Parks and Recreation Commission is provided $1 million in general obligation bonds and authorization to enter into a certificate of participation financing contract for $ 2.1 million to build a concession and event facility at Lake Sammamish. It is not anticipated that the revenue initially generated by the event center will be adequate to cover the associated debt and operating costs. Additionally, other revenue generated by the State Parks and Recreation Commission is not stable enough to cover these costs if facility revenues are inadequate. For these reason, I have vetoed Section 3017 and Section 6001 (5)(b), but I encourage the commission to resubmit this project for consideration for the next supplemental capital budget if the revenue outlook improves.

 

Section 6002, pages 55-56, Department of Commerce

The Department of Commerce is directed to work with stakeholders to develop recommendations for a completive grant program to assist zoos, aquariums and technology and science centers in acquiring, constructing or rehabilitating their facilities. A funding mechanism for these organizations was the subject of legislation that failed to pass this session.

 

For this reason, I have vetoed Section 6002, but I encourage the organizations to continue to work with legislators, rather than the department, to address their concerns with developing a capital funding program for their facility needs.

 

Although I am approving the remainder of the capital budget, I am concerned about the long-term implications of over-approaching the State and Local Toxics Control Accounts, the Aquatic Lands Enhancement Account, and other natural resource accounts in both the capital and operating budgets. I have directed the Office of Financial Management to work with the Department of Ecology and the Recreation and Conservation Office to develop a plan to manage these accounts to prevent a cash deficit. However, there is a risk that lower revenue collections or accelerated project costs could create the need to suspend project to balance the accounts. While I value the economic activity and jobs that are created in the capital budget, I ask the Legislature to return to budgeting practices that result in sustainable capital plans with positive fund balances.

 

With the exception of Sections 1020, 3017, 6001(5)(b), and 6002, Engrossed Senate Bill No. 6074 is approved.

 

Respectfully submitted,

Christine Gregoire, Governor

 

MESSAGE FROM THE GOVERNOR

PARTIAL VETO ON SECOND ENGROSSED SUBSTITUTE SENATE BILL NO. 6406

 

May 2, 2012

 

To the Honorable President and Members,

The Senate of the State of Washington

 

Ladies and Gentlemen:

 

I am returning herewith, without my approval as to Sections 305 and 306 Second Engrossed Substitute Senate Bill 6406 entitled:

 

                “AN ACT Relating to modifying programs that provide for protection of the state’s natural resources.”

 

This bill streamlines regulatory programs for managing and protecting the state’s natural environment while increasing the sustainability of program funding and maintaining current levels of natural resource protection.

 

Section 301 of the bill requires the Department of Ecology to prepare rules to update the categorical exemptions for environmental review under the State Environmental Policy Act (SEPA), revise the SEPA environmental checklist, and improve integration of SEPA with the provisions of the Growth Management Act. In updating the checklist, Section 301(2)(c) of the bill directs the Department of Ecology to “not include any new subjects into the scope of the checklist, including climate change and greenhouse gases.”

 

I have been assured that the intent of this language is confined to its plain meaning: This subsection addresses only how the Department of Ecology may modify the environmental checklist in its update of WAC 197-11-960. This language does not impact in any way the scope of the environmental analysis required at the threshold determination stage of the SEPA process or the scope of the environmental analysis required in an environmental impact statement. Letters I have received from legislators involved in the drafting of this language confirm that the Legislature’s intent was to address only the scope of the environmental checklist and not to amend any substantive SEPA requirements.

 

This understanding and interpretation of the bill are set forth in letters to me from legislators directly involved in passage of the legislation, including an April 23, 2012, letter from Senator Sharon Nelson and Representative Dave Upthegrove, respective chairs of the Senate and House Environment Committees; an April 26, 2012, letter from Representatives Richard DeBolt, Joel Kretz, Bruce Chandler, Shelly Short, David Taylor, J. T. Wilcox, and Ed Orcutt; and an April 27, 2012, letter from Senators Jim Honeyford and Mark Schoesler.

 

This is also the understanding and interpretation set forth in an April 19, 2012, letter to me from Representative Joe Fitzgibbon, the prime sponsor of House Bill No. 2253, where this language first appeared. I have also received letters from stakeholders who participated in legislative proceedings related to this provision. These stakeholders include the Association of Washington Cities, Washington State Association of Counties, Futurewise, Association of Washington Business, and the Washington Chapter of the American Planning Association. These letters affirm that the intent of Section 301 was to eliminate existing duplication between state natural resource programs, and not to amend any substantive SEPA requirements. An April 20, 2012, joint letter from representatives of four environmental organizations notes that ESSB 6406 was the product of “a long and ultimately constructive negotiation amongst a diverse set of stakeholders,” including their organizations” People for Puget Sound, Washington Conservation Voters, the Washington Environmental Council, and Climate Solutions. This letter quotes the language of Section 301(2)(c)(ii) and states: “Throughout the bill negotiations, there was agreement amongst all parties that the intent of this subsection was to ensure simply that no new line items were added to the SEPA checklist in the process of the checklist update directed by section 301.” However, the letter indicates that after the passage of this bill by the Senate and House, advisers to these organizations raised concerns that the language could be read to make broader changes in SEPA law.

 

After careful review, I have concluded that these assurances that the Legislature did not intend to limit the scope of SEPA review of adverse effects of climate change and greenhouse gases are fully supported. Section 1 of the bill expresses the Legislature’s intent to maintain current levels of natural resource protection. Additionally, Section 301(2)(c) specifically references the environmental checklist found in WAC 197-11-960. The Legislature did not reference other steps in the SEPA process such as the threshold determination addressed in different sections of chapter 197-11 WAC. Nothing in the letters I have received or in the legislative discussion of this provision negates this understanding.

 

My action in approving Section 301 is taken with the intent that it will operate only to prohibit inclusion of any new subjects in the scope of the checklist, and that the subjects of climate change and greenhouse gases will be considered in the environmental analysis required at the threshold determination stage of the SEPA process and in the environmental analysis required in a SEPA environmental impact statement. After consulting legal advisers, it is my understanding that this is the proper reading of this section of the bill and that this understanding will be considered by the courts when ascertaining legislative intent, as outline in Lynch v. State, 19 Wn.2d 802 (1944). Without this understanding, I would have vetoed Section 301.

 

Concern has also been raised that there is a need for a meaningful civil enforcement capacity to support the state’s Hydraulic Project Approval (HPA) program. I share this concern and have asked the Washington Department of Fish and Wildlife to clarify the current enforcement mechanisms through rule revision within the ongoing HPA rule update, and to implement an effectiveness survey to measure results.

 

I am also asking the Department to deliver the survey results to the Office of Financial Management, the Governor’s Office, and the Legislature, with the intent to inform actions needed to create a more effective civil enforcement HPA program.

 

Amendments to the bill in the final day of the 2012 1st Special Session removed the explicit authority for local governments to collect a fee to recover their costs for a SEPA environmental impact statement prepared in support of certain land use plans. However, remnants of the original fee proposal that are no longer meaningful were left in the bill. Section 305 allows local governments to recover the costs of a SEPA environmental impact statement for certain land use plans from either state funds or private donations. Local governments are already authorized to accept funding from these sources. Section 306 refers to fees that are no longer authorized in Section 305. These two sections of the bill have the potential to create confusion with the existing authorities of local governments.

 

For these reasons, I have vetoed Sections 305 and 306 of Second Engrossed Substitute Senate Bill No. 6406.

 

With the exception of Sections 305 and 306 of Second Engrossed Substitute Senate Bill No. 6406 is approved.

 

Respectfully submitted,

Christine Gregoire, Governor

 

MOTION

 

Senator Fain moved the vetoes and partial vetoes be held at the desk.

 

PERSONAL PRIVILEGE

 

Senator Fraser:  “Thank you Mr. President. As we look around and visit the floor and all the offices, everything looks in place and orderly and tidy but the reason this is the case is because we had a small army of people during the last week helping with a lot of moves, there were many offices that moved, we switched sides on the floor, we switched caucus rooms. There were a lot of moves last week and it couldn’t of happened without the exceptional dedicated, hard work and very fast work of many people, I can’t name names but I’d at least like to identify there you might say their employment affiliation. Senate administrative office, Secretary of the Senates office, legislative support services, the administration section, the supply and operations sections, the technology section, our legislative service center, the computer support telecommunications support, information technology support, member offices, very many of them were involved, caucus staff and also would like to recognize the hard and dedicated work of state department of Enterprise Services, administrative staff mangers, supervisors who played a key role in the very successful move. So, I would like to compliment everybody involved and thank everybody involved including members of the staff of offices that moved. Thank you.”

 

PERSONAL PRIVILEGE

 

Senator Parlette:  “I would like to echo the good words of the Senator from the Twenty-Second District and say that in my own experience I could not believe it. If you had one of those huge recycle bins and you put it right outside your office, it was gone in a minute and brought back empty for you to do another one. So, everybody really did a great job and we should be thankful. Thank you.”

 

PERSONAL PRIVILEGE

 

Senator Tom:  “thank you Mr. President. I am excited about the great opportunity that we have in front of us this session. It’s evident that there’s going to be issues that we disagree on but I think more importantly it’s the tone that we have set today, a tone of cooperation, a tone of collaboration. I want to thank Senator Murray and your caucus for the professionalism and the dignity that you’ve held this institution today in the manner we have gone about in this debate. You know, we have a lot of pressing issues in front of us if you look at as far as the joblessness, the education systems, the budget sustainability’s. It’s going to take all of us to move forward in a direction that our citizens expect us to go. It’s going to take all of us working side by side so that government functions for everyone. Albert Einstein was once asked ‘What is the most pressing question facing mankind today’ and his answer was kind of interesting, you would think Einstein one of the greatest minds of the twentieth century could of come up with a lot of different things but here was his answer, ‘Is the universe a friendly place?’ is the universe a friendly place, it is that tone that I hope that we can have in mind as we go forward this session, as we work on each other’s bills, as we work on those difficult issues. Can we make sure that this Senate is a friendly place because if we can we can do great things, we can do great things together and we can do great things for the people of this state. Thank you Mr. President.”

 

MOTION

 

At 2:57 p.m., on motion of Senator Fain, the Senate adjourned until 10:00 a.m. Tuesday, January 15, 2013.

 

BRAD OWEN, President of the Senate

 

HUNTER GOODMAN, Secretary of the Senate

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 





4400

Adopted................................................................................ 33

Introduction & 1st Reading................................................... 32

Messages.............................................................................. 30

Other Action......................................................................... 32

Second Reading................................................................... 33

4401

Adopted................................................................................ 33

Introduction & 1st Reading................................................... 32

Messages.............................................................................. 30

Other Action......................................................................... 32

Second Reading................................................................... 32

4402

Adopted................................................................................ 32

Introduction & 1st Reading................................................... 32

Messages.............................................................................. 30

Other Action......................................................................... 32

Second Reading................................................................... 32

5000

Introduction & 1st Reading................................................... 30

5001

Introduction & 1st Reading................................................... 30

5002

Introduction & 1st Reading................................................... 30

5003

Introduction & 1st Reading................................................... 30

5004

Introduction & 1st Reading................................................... 30

5005

Introduction & 1st Reading................................................... 30

5006

Introduction & 1st Reading................................................... 30

5007

Introduction & 1st Reading................................................... 30

5008

Introduction & 1st Reading................................................... 30

5009

Introduction & 1st Reading................................................... 30

5010

Introduction & 1st Reading................................................... 31

5011

Introduction & 1st Reading................................................... 31

Other Action......................................................................... 32

5012

Introduction & 1st Reading................................................... 31

5013

Introduction & 1st Reading................................................... 31

5014

Introduction & 1st Reading................................................... 31

5015

Introduction & 1st Reading................................................... 31

5016

Introduction & 1st Reading................................................... 31

5017

Introduction & 1st Reading................................................... 31

5018

Introduction & 1st Reading................................................... 31

5019

Introduction & 1st Reading................................................... 31

5020

Introduction & 1st Reading................................................... 31

5021

Introduction & 1st Reading................................................... 31

5022

Introduction & 1st Reading................................................... 31

5023

Introduction & 1st Reading................................................... 32

5024

Introduction & 1st Reading................................................... 32

8400

Adopted................................................................................ 32

Introduction & 1st Reading................................................... 32

Other Action......................................................................... 32

Second Reading................................................................... 32

8600

Adopted................................................................................ 29

Introduced............................................................................ 29

8601

Adopted................................................................................ 27

Introduced............................................................................ 16

8602

Introduced.............................................................................. 6

Not Adopted......................................................................... 16

PRESIDENT OF THE SENATE

Remarks by the President....................................... 1, 6, 27, 29

WASHINGTON STATE SENATE

Election for Vice President Pro Tempore............................ 27

Election of President Pro Tempore...................................... 27

Intro. Special Guest, Auburn Mountainview A Capella Trio 1

Intro. Special Guest, Macy Allaire, Lakefair Queen............. 1

Intro. Special Guest, Sam Reed............................................. 5

Intro. Special Guests, Lakefair Royalty................................. 1

Message from the Governor, Veto/Partial Vetoes............... 43

Message from the Secretary of State, Canvass of Returns.. 33

Message from the Secretary of State, Initiative 522............ 43

Message from the Secretary of State, vetoes/Partial vetoes 42

Message fromt the Secretary of State, Initiative 517........... 42

Personal Privilege, Senator Eide.......................................... 29

Personal Privilege, Senator Fraser................................. 29, 46

Personal Privilege, Senator Murray..................................... 27

Personal Privilege, Senator Parlette............................... 29, 46

Personal Privilege, Senator Ranker...................................... 27

Personal Privilege, Senator Tom.......................................... 46

Remarks by Miss Macy Allaire............................................. 1

Remarks by Sam Reed........................................................... 6

Remarks by Senator Benton................................................. 28

Remarks by Senator Nelson................................................. 28

Remarks by Senator Schoesler............................................. 27

Remarks by Senator Sheldon......................................... 27, 28

Remarks by Senator Shin..................................................... 28

Remarks by Senator Tom..................................................... 27