Legislature(1995 - 1996)

1996-02-28 House Journal

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1996-02-28                     House Journal                      Page 2931
HB 226                                                                       
The following was read the second time:                                        
                                                                               
HOUSE BILL NO. 226                                                            
An Act permitting the provision of different retirement and health            
benefits to employees based on marital status.                                 
                                                                               
with the:                                                 Journal Page         
                                                                               
	STA RPT 4DP 1AM                                                   808         
	ZERO FISCAL NOTE (ADM/ALL DEPTS)                                  808         
	HES RPT  CS(HES) NT 1DP 4NR 1AM                                  1422         
	ZERO FISCAL NOTE (ADM) 3/20/95                                   1423         
	JUD RPT  CS(JUD) NT 1DP 4NR 2AM                                  1526         
	ZERO FISCAL NOTE (ADM/ALL DEPTS) 3/20/95                         1526         
	FIN RPT  CS(FIN) NT 5DP 1DNP 1NR 1AM                             2578         
	ZERO FISCAL NOTE (ADM/ALL DEPTS)                                 2578         
                                                                               
Representative Vezey moved and asked unanimous consent that the                
following committee substitute be adopted in lieu of the original bill:        
                                                                               
CS FOR HOUSE BILL NO. 226(FIN)                                                
An Act permitting the provision of different retirement and health            
benefits to certain employees by differentiating between benefits              
provided to employees with spouses or children and to other                    
employees.                                                                     
                                                                               
Representative Brown objected.                                                 
                                                                               
The question being:  Shall the House adopt CSHB 226(FIN)?  The                 
roll was taken with the following result:                                      
                                                                               
HB 226                                                                         
Second Reading                                                                 
Adopt Finance CS                                                               
                                                                               
YEAS:  24   NAYS:  15   EXCUSED:  0   ABSENT:  1                             
                                                                               
Yeas:  Austerman, Barnes, Bunde, G.Davis, Foster, Green, Hanley,               
Ivan, James, Kelly, Kohring, Kott, Martin, Moses, Mulder, Ogan,                
Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Vezey,               
Williams                                                                       
                                                                               

1996-02-28                     House Journal                      Page 2932
HB 226                                                                       
Nays:  Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf,         
Kubina, Long, Mackie, Navarre, Nicholia, Robinson, Toohey, Willis              
                                                                               
                                                                               
Absent:  Masek                                                                 
                                                                               
                                                                               
And so, CSHB 226(FIN) was adopted.                                             
                                                                               
                                                                               
Amendment No. 1 was offered  by Representative Kelly:                           
                                                                               
Page 2, line 28:                                                               
	Delete "or parental status"                                                   
	Insert "status or parenthood"                                                 
                                                                               
Representative Kelly moved and asked unanimous consent that                    
Amendment No. 1 be adopted.  There being no objection, it was so               
ordered.                                                                       
                                                                               
                                                                               
Amendment Nos. 2 and 3 were not offered.                                       
                                                                               
                                                                               
Amendment No. 4 was offered  by Representative Brown:                           
                                                                               
Page 1, lines 2 - 3 (title amendment):                                         
	Delete "certain employees by differentiating between benefits                
provided to employees with spouses or children and to other                    
employees"                                                                    
	Insert "employees based on marital status except to marital or               
domestic partners of employees"                                               
                                                                               
Page 2, line 28:                                                               
	Delete "or parental"                                                          
                                                                               
Page 2, line 29, through page 3, line 2:                                       
	Delete all material and insert:                                               
		"(1)  an employer may, without violating this chapter,                      
refuse to provide benefits to a person based on marital status                 
unless the person                                                              

1996-02-28                     House Journal                      Page 2933
HB 226                                                                       
		(A)  is legally married to an employee; or                                 
		(B)  is the domestic partner of an employee as                             
established under                                                              
	(d)  of this section; and                                                    
		(2)  a labor organization may, without violating this                       
chapter, negotiate to preclude or may directly preclude the                    
provision of benefit to a person based on marital status unless the            
person                                                                         
		(A)  is legally married to an employee; or                                 
		(B)  is the domestic partner of an employee as                             
established under (d) of this section.                                         
	(d)  An employee may not establish a domestic partnership for                
purposes of this section unless both the employee and the                      
individual with whom the domestic partnership is established are               
unmarried, at least 18 years of age, and mentally competent to                 
consent to contract.                                                           
	(e)  In this section, "domestic partner" means an individual                 
who                                                                            
		(1)  is an employee's only domestic partner and who                         
intends, and who is intended by the employee, to remain the                    
employee's domestic partner indefinitely;                                      
		(2)  is not related to the employee by blood to a degree                    
that would prohibit legal marriage in the state;                               
		(3)  resides in the same residence as the employee and                      
intends, and is intended by the employee, to do so indefinitely;               
		(4)  is, as established by at least five of the criteria set out            
in this paragraph,  jointly responsible with the employee for the              
employee's common welfare and financial obligations and for                    
whom the employee is jointly responsible in similar fashion; the               
criteria are                                                                   
                                                                               
		(A)  having entered into a legally binding domestic                        
partnership agreement with the employee;                                       
		(B)  holding a joint deed, mortgage agreement, or                          
lease of real property with the employee;                                      
		(C)  holding joint ownership of a motor vehicle with                       
the employee;                                                                  
		(D)  having a joint bank account with the employee;                        
		(E)  having a joint credit account or other joint                          
liabilities with the employee;                                                 
                                                                               

1996-02-28                     House Journal                      Page 2934
HB 226                                                                       
		(F)  having a co-parenting agreement with the                              
employee, having adopted a child of the employee, or being                     
the natural parent of a child of the employee;                                 
		(G)  being designated by the employee as primary                           
beneficiary on the employee's life insurance;                                  
		(H)  being designated by the employee as primary                           
beneficiary of the employee's retirement benefits in case of                   
the employee's death;                                                          
		(I)  being designated as the primary beneficiary under                     
the employee's will; and                                                       
		(J)  being named by the employee under a durable                           
health care or property power of attorney."                                    
                                                                               
Representative Brown moved and asked unanimous consent that                    
Amendment No. 4 be adopted.                                                    
                                                                               
Representative Kelly objected.                                                 
                                                                               
Representative Vezey rose to a point of order, stating that debate             
should be confined to the amendment before the House.                          
                                                                               
The Speaker stated the point was well taken.                                   
                                                                               
                                                                               
Representative Brice rose to a point of order.                                 
                                                                               
The Speaker cautioned the member to confine remarks to the                     
amendment.                                                                     
                                                                               
                                                                               
The Speaker invoked Rule 102 of Mason's Manual.                                
                                                                               
                                                                               
The question being:  Shall Amendment No. 4 be adopted?  The roll               
was taken with the following result:                                           
                                                                               
CSHB 226(FIN) am                                                               
Second Reading                                                                 
Amendment No. 4                                                                
                                                                               
YEAS:  15   NAYS:  25   EXCUSED:  0   ABSENT:  0                             

1996-02-28                     House Journal                      Page 2935
HB 226                                                                       
                                                                               
Yeas:  Brice, Brown, Bunde, Davies, B.Davis, Elton, Finkelstein,               
Grussendorf, Kubina, Mackie, Navarre, Nicholia, Robinson, Toohey,              
Willis                                                                         
                                                                               
Nays:  Austerman, Barnes, G.Davis, Foster, Green, Hanley, Ivan,                
James, Kelly, Kohring, Kott, Long, Martin, Masek, Moses, Mulder,               
Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Vezey,         
Williams                                                                       
                                                                               
And so, Amendment No. 4 was not adopted.                                       
                                                                               
                                                                               
Representative Vezey moved and asked unanimous consent that CSHB
226(FIN) am be considered engrossed, advanced to third reading and             
placed on final passage.                                                       
                                                                               
                                                                               
Objection was heard.                                                           
                                                                               
                                                                               
The question being:  Shall CSHB 226(FIN) am be advanced to third               
reading on the same day?  The roll was taken with the following                
result:                                                                        
                                                                               
                                                                               
CSHB 226(FIN) am                                                               
Second Reading                                                                 
Advance to Third Reading                                                       
                                                                               
YEAS:  26   NAYS:  14   EXCUSED:  0   ABSENT:  0                             
                                                                               
                                                                               
Yeas:  Austerman, Barnes, Bunde, G.Davis, Foster, Green, Hanley,               
Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder,               
Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey,        
Vezey, Williams                                                                
                                                                               
Nays:  Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf,         
Kubina, Long, Mackie, Navarre, Nicholia, Robinson, Willis                      
                                                                               
And so, lacking the necessary 30 votes, CSHB 226(FIN) am failed to             
advance and will be in third reading on tomorrow's calendar.