WHEREAS, The Senate adopted permanent rules for the 2003-05 biennium under Engrossed Senate Floor Resolution 8601;

      WHEREAS, Pursuant to Senate Rule 35, the Senate has received one day's notice from Senator West of his intent to move adoption of amendments to Senate Rule 1 and Senate Rule 7 in the manner set forth below; and

      WHEREAS, The Senate desires to preserve decorum and the integrity of the Senate, allowing consideration of issues and debate to take place in a respectful manner in which all members and the public can participate without interruption or distraction;

      NOW, THEREFORE, BE IT RESOLVED, That Rule 1 as set forth in Engrossed Senate Floor Resolution 8601 is amended as follows:

      "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."

      NOW, THEREFORE, BE IT RESOLVED, That Rule 7 as set forth in Engrossed Senate Floor Resolution 8601 is amended as follows:

      "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."

      Senators West and Brown spoke to Senate Resolution 8638.

MOTION

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

SENATE RESOLUTION 8646

By Senators Hargrove, Stevens, Roach, Carlson, Haugen, Mulliken, Franklin, Parlette, Regala, Kastama, Thibaudeau, McAuliffe, Fraser, Fairley, Spanel, Kohl-Welles and Rasmussen

      WHEREAS, The state of Washington lost a tireless advocate for children and families with the death of Rosalyn "Rosie" Oreskovich on February 28, 2003; and

      WHEREAS, Rosie earned degrees from the University of Montana and the University of Washington; and

      WHEREAS, Rosie began her career with the Department of Social and Health Services in 1976 as an "after-hours" social worker and advanced through the ranks as a supervisor and area manager. Rosie served as a coordinator of the Children's Mental Health Service in King County and was responsible for implementing mental health reform, including the Early and Periodic Screening, Diagnosis and Treatment (EPSDT) initiative and was a leader in the development of a publicly funded mental health system; and

      WHEREAS, Rosie returned to DSHS in 1994 as the assistant secretary for the Children's Administration and subsequently established the "Kids Come First Action Agenda," was responsible for increasing the number of foster homes, the percentage of foster children placed with relatives, made it possible for more children to be safely reunited with their parents and doubled the number of former foster children ages 18 through 21 who received independent living services; and

      WHEREAS, Her leadership and commitment to instilling best practice reforms enabled the Vancouver, WA DSHS Division of Children and Family Services office to become the first state child welfare agency in the West to achieve accreditation status by meeting rigorous and nationally recognized standards of social work; and

      WHEREAS, Rosie was a respected national speaker on child welfare issues and served on the executive committee of the National Association of Public Child Welfare Administrators; and

      WHEREAS, Thousands of children and their families are leading better lives because Rosie led a dedicated staff through the difficult and demanding tasks necessary to nurture children in need while working to heal and reunite families; and

      WHEREAS, Rosie was held in the highest regard by staff and elected officials as well as colleagues in Washington state and nationally;

      NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate recognize and honor the lifetime contributions and the legacy of caring for children and families made to the great state of Washington by Rosie Oreskovich.

      Senators Hargrove, Stevens and Thibaudeau spoke to Senate Resolution 8648.

MOTION

      On motion of Senator Sheahan, the Senate reverted to the sixth order of business.

MOTION

      On motion of Senator Hewitt, Senator West was excused.

SECOND READING

      SENATE BILL NO. 5400, by Senator Swecker

      Creating a geoduck aquaculture research project.

MOTIONS

      On motion of Senator Morton, Substitute Senate Bill No. 5400 was substituted for Senate Bill No. 5400 and the substitute bill was placed on second reading and read the second time.

      Senator Morton moved that the following striking amendment by Senators Morton and Swecker be adopted:

       Strike everything after the enacting clause and insert the following:

       "NEW SECTION. Sec. 1. A new section is added to chapter 79.96 RCW to read as follows:

       (1) By January 1, 2004, the department and the department of fish and wildlife shall initiate an agreement to conduct joint research projects with the geoduck harvesters association, holders of aquatic farm registrations, and recognized treaty tribes of Washington, hereinafter referred to as cooperators, for an initial term of ten years, with the option of an additional term of ten years, to examine the subtidal geoduck aquaculture industry in the state of Washington.

       (2) The geoduck aquaculture research project must use scientific methods to determine sustainability of geoduck aquaculture and assess potential impacts to the aquatic ecosystem.

       (3) The department shall lease the use of state-owned aquatic lands for the geoduck aquaculture research project and shall determine the location of leases and project design jointly with the cooperators. Each cooperator leasing land shall provide geoduck clam seed produced in hatcheries located in Washington state, materials, and labor for their respective lease. The department will establish lease fees on a per acre basis, not to exceed one thousand dollars per acre.

       (a) The department shall designate no fewer than five areas of aquatic lands owned by the state to lease on which to implement the geoduck aquaculture research project. The department and cooperators shall determine the size and location of the areas, which shall comprise approximately fifty acres, of approximately ten acres each.

       (b) Identification of areas with density of geoduck clams below the level that constitutes a natural bed must be made in accordance with the tribes, pursuant to applicable federal court order. The treaty tribes retain the right, as provided under court order, to inspect study areas.

       (4) At the end of the first year of the geoduck aquaculture research project and each year thereafter, the department shall provide a progress report on the project to the standing legislative committees with jurisdiction. The second report and all subsequent reports must include an assessment of geoduck aquaculture, its impact on the aquatic ecosystem, and recommendations regarding continuation or expansion of the research project. Each report must include the perspective of the association, the geoduck aquaculture industry, and the tribes."

POINT OF INQUIRY

      Senators Betti Sheldon: “Senator Morton, are the counties going to have any opportunity to participate in the discussion of this study? As you know, we in Kitsap have a very active interest in the geoduck harvest.”

      Senator Morton: “There is no limit as to who can participate in discussions. Those that will be a part of signing the agreement will be harvesters. There are two groups of people. There is one that is an association that is incorporated now and then there is another that will have to organize further before they can sign a legal document. Then the other two entities are the Department of Fish and Wildlife and the Department of Natural Resources.”

      Senator Betti Sheldon: “So, that would exclude local government? Is that what you are saying?”

      Senator Morton: “Local government is not specifically mentioned. The tribes are specifically mentioned as part of it. Local government is not. Yes, they could participate. I suppose they could ask to be a part of it, but in this bill, you are right, they are not specifically mentioned.”

      Senator Betti Sheldon: “Thank you.”

      The President declared the question before the Senate to be the adoption of the striking amendment by Senators Morton and Swecker to Substitute Senate Bill No. 5400.

      The motion by Senator Morton carried and the striking amendment was adopted.

MOTIONS

      On motion of Senator Morton, the following title amendment was adopted:

       On page 1, beginning on line 1 of the title, after "geoducks;" strike the remainder of the title and insert "and adding a new section to chapter 79.96 RCW."

      On motion of Senator Morton, the rules were suspended, Engrossed Substitute Senate Bill No. 5400 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5400.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5400 and the bill passed the Senate by the following vote Yeas, 39; Nays, 10; Absent, 0; Excused, 0.

     Voting yea: Senators Benton, Brandland, Carlson, Deccio, Doumit, Eide, Esser, Finkbeiner, Franklin, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Rasmussen, Roach, Rossi, Schmidt, Sheahan, Sheldon, T., Shin, Stevens, Swecker, West, Winsley and Zarelli - 39.

     Voting nay: Senators Brown, Fairley, Fraser, Kohl-Welles, Prentice, Reardon, Regala, Sheldon, B., Spanel and Thibaudeau - 10.

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5400, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

MOTION

      On motion of Senator Hewitt, Senators Deccio and Rossi were excused.

SECOND READING

      SENATE BILL NO. 5578, by Senators Winsley, T. Sheldon, Brandland, Reardon, Franklin, Esser, Haugen and Hargrove

Allowing for bed hold for boarding home residents.

MOTIONS

      On motion of Senator Winsley, Substitute Senate Bill No. 5578 was substituted for Senate Bill No. 5578 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Winsley, the rules were suspended, Substitute Senate Bill No. 5578 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5578.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5578 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 47.

     Excused: Senators Deccio and Rossi - 2.

      SUBSTITUTE SENATE BILL NO. 5578, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

      SENATE BILL NO. 5969, by Senators Haugen, Swecker and Rasmussen

Providing natural resource protection in Skagit county.

MOTIONS

      On motion of Senator Swecker, Substitute Senate Bill No. 5969 was substituted for Senate Bill No. 5969 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Swecker, the following striking amendment by Senators Swecker and Haugen was adopted:

       Strike everything after the enacting clause and insert the following:

       "NEW SECTION. Sec. 1. The legislature finds that counties have been given the authority to designate agricultural lands of long-term commercial significance and that such lands are protected as a matter of state law. The legislature finds that counties have also been given the authority to designate fish habitat and that these areas are to be protected as a matter of state law. In addition, the legislature finds that the department of fish and wildlife has been granted authority to protect fish habitat in streams.

       The legislature finds that several fish habitat restoration processes have been established for the specific purpose of developing plans acceptable to the local communities to restore fish habitat and that several millions of dollars of public funds have been dedicated to projects supported by the local community, including many in Skagit county.

       The legislature finds that instead of using fish habitat restoration processes, the department of fish and wildlife has attempted in Skagit county to use regulatory statutes that are limited to the protection of fish habitat. However, these regulatory statutes do not require the restoration or enhancement of habitat.

       The legislature finds that historical interpretations by the agency have changed without a corresponding change in the underlying statute. Further, the term "protection" has been determined to be equivalent to a no net loss standard in the administrative code pertaining to hydraulic project approvals. Likewise, the legislature finds that the protection requirement for agricultural land designated as having long- term commercial significance has been interpreted by the state supreme court in a similar fashion of no reduction and no net loss.

       The legislature further finds that for over fifty years that fishway statutes have been in effect, they have not been applied to tide gates on agricultural drainage facilities.

       The legislature finds that a collaborative process to examine reasonable and feasible alternatives to enhance tidal fish habitat should be used to focus and expedite efforts where there is a gain in tidal fish habitat without harming designated agricultural lands. The legislature also finds that pilot projects may be needed to test creative solutions to achieve the dual goals of enhancing tidal fish habitat while protecting designated agricultural lands.

       NEW SECTION. Sec. 2. The purposes of this act are:

       (1) To protect lands designated by the county as agricultural land of long-term commercial significance from the effects of saltwater intrusion and diminishment of drainage capability for drainage infrastructure, including flood gates, pump stations, ditches, and tide gates;

       (2) To require examination of opportunities to enhance tidal fish habitat on hundreds of acres of publicly owned land while maintaining habitat for migratory birds and that opportunities on publicly owned lands outside the dikes be considered first; and

       (3) To allow tide gates located on bona fide streams to proceed through a fish habitat restoration planning process to find opportunities to use fish habitat while avoiding harm to existing land uses.

       NEW SECTION. Sec. 3. A new section is added to chapter 77.55 RCW to read as follows:

       (1) From funds appropriated to the department of fish and wildlife for salmon restoration activities, the fish and wildlife commission, in coordination with the Skagit county legislative authority and diking and drainage district commissioners, and local landowners, shall establish the Skagit tidal fish habitat pilot project to jointly develop a strategy and to propose projects to enhance tidal fish habitat and address the management, operation, and maintenance of tide gates on streams in Skagit county while assuring no net loss of agricultural lands or their productivity. The strategy and proposed projects must be submitted to the appropriate standing committees of the legislature by December 1, 2004. The strategy must consider the following elements:

       (a) An inventory of existing tide gates located on bona fide streams in Skagit county. The inventory must include location, age, type, and maintenance history of the tide gate, and other factors as determined by the commission, the county, diking and drainage districts, and local landowners;

       (b) An assessment of the role of tide gates located on bona fide streams in the Skagit county; the role of tidal fish habitat for various life stages of salmon; the quantity and characterization of tidal fish habitat currently accessible to fish; the quantity and characterization of the present tidal fish habitat created at the time the dikes and outlets were constructed; the quantity of potential tidal fish habitat on public lands and alternatives to enhance this habitat; the effects of salt water intrusion on agricultural land including the effects of backfeeding of salt water through the underground drainage system; the role of tide gates in drainage systems including relieving excess water from saturated soil and providing reservoir functions between tides; the effect of saturated soils on production of crops; the characteristics of properly functioning tidal fish habitat; the description of agricultural lands designated by the county as having long-term commercial significance and the effect of that designation; the description and identification of natural water courses and the effect of that designation; and the economic impacts to existing land uses for various alternatives for tide gate alteration; and

       (c) A long-term proposal for fish habitat enhancement to meet the two goals of salmon recovery and no net loss of designated agricultural lands. The fish and wildlife commission, the Skagit county legislative authority, and diking and drainage district commissioners shall jointly convene a work group of interested parties, including local landowners, tribal councilmembers, local governments, federal fishery agencies, diking and drainage districts, and representatives of the local lead entity under RCW 77.85.050, to develop the strategy and proposed projects, based on the inventory and assessment under (a) and (b) of this subsection. Legislators shall be appointed to the work group, with an equal number from each of the four major caucuses in the house of representatives and the senate as determined by the speaker of the house of representatives and the president of the senate. The proposal shall include methods to increase fish passage and enhance tidal habitat on public lands, voluntary methods to increase fish passage on private lands, a priority list of fish passage projects on bona fide streams, and recommendations for funding of high priority projects.

       (2) The strategy shall proceed in four phases as follows:

       (a) Examining opportunities and proposing projects for tidal fish habitat improvements on public land outside the dike;

       (b) Examining opportunities and proposing projects for tidal fish habitat improvements on public land inside the dike;

       (c) Examining opportunities and proposing projects for tidal fish habitat improvements on areas that have bona fide streams; and

       (d) Examining voluntary opportunities for tidal fish habitat improvements where there are no bona fide streams.

       (3) The department of fish and wildlife may not require fish passage under RCW 77.55.060 or as a condition of hydraulic project approval for maintenance, improvement, or replacement of agricultural drainage systems under this chapter unless the condition is consistent with the strategy developed under this section and the strategy has been approved by the legislature.

       (4) Any condition requiring fish passage in an existing hydraulic project approval issued for a tide gate in Skagit county under this chapter is stayed unless the condition is consistent with the strategy developed under this section and the strategy has been approved by the legislature.

       (5) For the purpose of this section, "stream" or "bona fide stream" means the Skagit river, the Samish river, Carpenter creek, and Colony creek."

MOTIONS

      On motion of Senator Swecker, the following title amendment was adopted:

      On page 1, line 1 of the title, after "county;" strike the remainder of the title and insert "adding a new section to chapter 77.55 RCW; and creating new sections."

      On motion of Senator Swecker, the rules were suspended, Engrossed Substitute Senate Bill No. 5969 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5969.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5969 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 47.

     Excused: Senators Deccio and Rossi - 2.

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5969, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

      SENATE BILL NO. 5340, by Senators Horn, Haugen and T. Sheldon (by request of Governor Locke)

Modifying the commute trip reduction program.

      The bill was read the second time.

MOTION

      On motion of Senator Horn, the rules were suspended, Senate Bill No. 5340 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5340.

ROLL CALL

      The Secretary called the roll on the final passage of Senate Bill No. 5340 and the bill passed the Senate by the following vote: Yeas, 26; Nays, 23; Absent, 0; Excused, 0.

     Voting yea: Senators Benton, Brandland, Deccio, Esser, Finkbeiner, Hale, Hargrove, Hewitt, Honeyford, Horn, Johnson, McCaslin, Morton, Mulliken, Oke, Parlette, Prentice, Roach, Rossi, Schmidt, Sheahan, Sheldon, T., Stevens, Swecker, West and Zarelli - 26.

     Voting nay: Senators Brown, Carlson, Doumit, Eide, Fairley, Franklin, Fraser, Haugen, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Rasmussen, Reardon, Regala, Sheldon, B., Shin, Spanel, Thibaudeau and Winsley - 23.

      SENATE BILL NO. 5340, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

      SENATE BILL NO. 5120, by Senators Rossi, Kline, Oke, Roach, Esser, Swecker, Deccio, Stevens, Benton, Hale, Hewitt, Mulliken, Honeyford, Johnson, Schmidt, Sheahan and Horn

Changing provisions relating to ignition interlock devices.

MOTIONS

      On motion of Senator McCaslin, Substitute Senate Bill No. 5120 was substituted for Substitute Senate Bill No. 5120 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator McCaslin, the rules were suspended, Substitute Senate Bill No. 5120 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5120.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5120 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 49.

      SUBSTITUTE SENATE BILL NO. 5120, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

      SENATE BILL NO. 5497, by Senators Esser, Haugen and Oke (by request of Department of Transportation)

Modifying relocation assistance provisions.

MOTIONS

      On motion of Senator Esser, Substitute Senate Bill No. 5497 was substituted for Senate Bill No. 5497 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Esser, the rules were suspended, Substitute Senate Bill No. 5497 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5497.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5497 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 49.

      SUBSTITUTE SENATE BILL NO. 5497, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

      SENATE BILL NO. 5492, by Senators Mulliken, Keiser and Winsley

Revising provisions for sale of timeshares.

MOTIONS

      On motion of Senator Mulliken, Substitute Senate Bill No. 5492 was substituted for Senate Bill No. 5492 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Mulliken, the following striking amendment was adopted:

       Strike everything after the enacting clause and insert the following:

       "NEW SECTION. Sec. 1. A new section is added to chapter 64.36 RCW to read as follows:

       (1) An effective registration pursuant to this chapter is required for any party to offer to sell a timeshare interest. A promoter who offers to sell or sells revocable timeshare interests in incomplete projects or facilities is limited by and must comply with all of the requirements of RCW 64.36.025. If a promoter seeks to enter into irrevocable purchase agreements with purchasers for timeshare interests in incomplete projects or facilities, the promoter must meet the requirements in this section in addition to RCW 64.36.020 and the following limitations and conditions apply:

       (a) The promoter is limited to offering or selling only fee simple deeded timeshare interests;

       (b) Construction on the project must have begun and be at least twenty percent complete and must be completed no later than within two years of the date of the initial offer to sell the timeshare interest;

       (c) The promoter must establish an escrow or trust account for the purpose of protecting the funds or other property paid, pledged, or deposited by purchasers;

       (d) The promoter's solicitations, advertisements, and promotional materials must clearly and conspicuously disclose that "THE PROJECT IS NOT YET COMPLETED; IT IS STILL UNDER CONSTRUCTION"; and

       (e) The promoter's solicitations, advertisements, and promotional materials and the timeshare interest purchase agreement must clearly and conspicuously provide for and disclose the last possible estimated date for completion of construction.

       (2) The timeshare interest purchase agreement must contain the following language in fourteen point bold face type: "If the project is not completed by [estimated date of completion], the purchaser has the right to void the purchase agreement and is entitled to a full, unqualified refund of all moneys paid."

       (3) One hundred percent of all funds or other property that is received from or on behalf of purchasers of timeshare interests prior to the occurrence of events required in this section must be deposited pursuant to an escrow or trust agreement approved by the director. Funds may be released from the escrow or trust account to the purchaser if the purchaser cancels within the cancellation period, or to the promoter only when all three of the following conditions occur:

       (a) The purchaser's cancellation period has expired;

       (b) Closing has occurred; and

       (c) Construction is complete and the facility is ready to occupy.

       (4) In lieu of depositing purchaser funds into an escrow or trust account, the promoter may post with the department a bond equal to the amount of Washington resident purchaser funds or other property. The amount of the bond must be adjusted upwards as the promoter makes additional sales and must at all times equal the amount of funds or other property that have been paid by Washington resident purchasers.

       (5) Any purchaser has the right to void the timeshare purchase agreement and request a full, unqualified refund if construction of the timeshare project is not completed within two years from the date of the initial offer to sell the timeshare interest or by the last estimated date of construction contained in the timeshare purchase agreement, whichever is earlier.

       (6) If the completed timeshare project is materially and adversely different from the project that was promised to purchasers at the time that the purchase agreements were signed, the director may declare any or all of the purchaser contracts void. Before declaring the contracts void, the director shall give the promoter the opportunity for a hearing in accordance with chapters 34.05 and 18.235 RCW.

       (7) If the promoter intends to or does pledge or borrow against funds or properties, which are held in trust or escrow or protected by a bond, to help finance in whole or in part the construction of the timeshare project or to help pay for operating costs, this must be fully, plainly, and conspicuously disclosed in all advertising, in all written or oral solicitations for the sale of the timeshare interests, in the registration with the director, and in the purchase agreement or contract.

       (8) A promoter who obtains an effective registration for a revocable timeshare interest reservation must meet the requirements of this section in order to complete an irrevocable purchase agreement."

MOTIONS

      On motion of Senator Mulliken, the following title amendment was adopted:

       On page 1, line 1 of the title, after "timeshares;" strike the remainder of the title and insert "and adding a new section to chapter 64.36 RCW."

      On motion of Senator Mulliken, the rules were suspended, Engrossed Substitute Senate Bill No. 5492 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5492.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5492 and the bill passed the Senate by the following vote:   Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 49.

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5492, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

MOTION

      On motion of Senator Eide, Senator Brown was excused.

MOTION

      On motion of Senator Hewitt, Senator Rossi was excused.

SECOND READING

      SENATE BILL NO. 5251, by Senators Brandland, Thibaudeau, Shin and Kline

Modifying foreign judgment provisions.

MOTIONS

      On motion of Senator McCaslin, Substitute Senate Bill No. 5251 was substituted for Senate Bill No. 5251 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator McCaslin, the rules were suspended, Substitute Senate Bill No. 5251 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5251.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5251 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 1; Excused, 2.

     Voting yea: Senators Benton, Brandland, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 46.

     Absent: Senator Mulliken - 1.

     Excused: Senators Brown and Rossi - 2.

      SUBSTITUTE SENATE BILL NO. 5251, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

      SENATE BILL NO. 6011, by Senator Rossi

Providing a business and occupation tax for staffing services businesses.

MOTIONS

      On motion of Senator West, Substitute Senate Bill No. 6011 was substituted for Senate Bill No. 6011 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Regala , the following striking amendment by Senators Rossi and Regala was adopted:

       Strike everything after the enacting clause and insert the following:

       "NEW SECTION. Sec. 1. A new section is added to chapter 82.04 RCW to read as follows:

       (1) Upon every person engaging in this state in the business of providing staffing services that would otherwise be subject to tax under RCW 82.04.290(2); as to such persons the amount of tax with respect to such business shall be equal to the gross income of the business, multiplied by the rate of .484 percent. If the staffing activities are conducted both within and without this state, the amount of tax on such person shall be equal to the apportioned gross income of the business multiplied by the rate of .484 percent.

       (2) The apportioned gross income shall be calculated by multiplying the apportionable income by a fraction, the numerator of which is the sum of the property factor, if any, the payroll factor, if any, and the sales factor, if any, and the denominator of which is three reduced by the number of factors that have a denominator of zero. The apportionment factors shall be calculated according to rules adopted by the department consistent with the principles and concepts contained in chapter 82.56 RCW but are not required to be identical to those contained in chapter 82.56 RCW. If the provisions of this section do not fairly represent the extent of the taxpayer's business activity in this state, the taxpayer may petition for or the department may require the use of an alternative apportionment method, if reasonable, such as separate accounting, the exclusion of any one or more of the factors, or the inclusion of one or more additional factors.

       (3) The definitions in this subsection apply to this section.

       (a) "Apportionable income" means the gross income of the taxpayer, which includes but is not limited to all amounts received for providing the temporary workers, subject to tax under subsection (1) of this section, less the exemptions and deductions allowable under this chapter.

       (b) "Staffing services" means an arrangement in which the taxpayer recruits and hires employees from the labor market and assigns them on a temporary basis to perform services for another to support or supplement the customer's work force, or to provide assistance in special work situations such as employee absences, skill shortages, and seasonal workloads, or to perform special assignments or projects, all under the direction and supervision of the customer. "Staffing services" does not include employee leasing or employee placement services.

       Sec. 2. RCW 82.04.290 and 2001 1st sp.s. c 9 s 6 are each amended to read as follows:

       (1) Upon every person engaging within this state in the business of providing international investment management services, as to such persons, the amount of tax with respect to such business shall be equal to the gross income or gross proceeds of sales of the business multiplied by a rate of 0.275 percent.

       (2) Upon every person engaging within this state in any business activity other than or in addition to those enumerated in RCW 82.04.230, 82.04.240, 82.04.250, 82.04.255, 82.04.260, 82.04.270, 82.04.298, 82.04.2905, 82.04.280, 82.04.2907, ((and)) 82.04.272, section 1 of this act, and subsection (1) of this section; as to such persons the amount of tax on account of such activities shall be equal to the gross income of the business multiplied by the rate of 1.5 percent.

       This section includes, among others, and without limiting the scope hereof (whether or not title to materials used in the performance of such business passes to another by accession, confusion or other than by outright sale), persons engaged in the business of rendering any type of service which does not constitute a "sale at retail" or a "sale at wholesale." The value of advertising, demonstration, and promotional supplies and materials furnished to an agent by his principal or supplier to be used for informational, educational and promotional purposes shall not be considered a part of the agent's remuneration or commission and shall not be subject to taxation under this section."

MOTIONS

      On motion of Senator West, the following title amendment was adopted:

       On page 1, line 2 of the title, after "businesses;" strike the remainder of the title and insert "amending RCW 82.04.290; and adding a new section to chapter 82.04 RCW."

      On motion of Senator West, the rules were suspended, Engrossed Substitute Senate Bill No. 6011 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

POINT OF INQUIRY

      Senator Regala: “Senator West, I understand that Engrossed Substitute Senate Bill No. 6011 deals with the issue of the business and occupation taxation of companies that provide temporary staffing services. I also understand that there is pending litigation between a staffing service company and the Department of Revenue regarding whether some staffing services are subject to the retail sales tax. Would this bill affect the outcome of that litigation?”

      Senator West: “Senator Regala, Engrossed Substitute Senate Bill No. 6011 lowers the business and occupation tax rate on companies that provide temporary staffing services if the activities would otherwise be subject to the general 1.5 percent business and occupation tax rate on services. Activities taxable under the general 1.5 percent service rate are not subject to the retail sales tax. The issue in that litigation is whether or not temporary staffing services that are defined as retail sales would be taxable under the retailing classification of the business and occupation tax and consequently subject to the retail sales tax. This bill does not address any temporary staffing services that may be subject to tax under the retailing classification. Therefore, this bill does not affect, and is not intended to affect, the outcome of that pending litigation.”

      Further debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 6011.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6011 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 1; Absent, 0; Excused, 2.

     Voting yea: Senators Benton, Brandland, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 46.

     Voting nay: Senator Fraser - 1.

     Excused: Senators Brown and Rossi - 2.

      ENGROSSED SUBSTITUTE SENATE BILL NO. 6011, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

      SENATE BILL NO. 5742, by Senators Honeyford, Benton and Esser

Establishing procedures for rehiring retirees of the public employees' retirement system plan 1 and the teachers' retirement system plan

MOTIONS

      On motion of Senator Honeyford, Substitute Senate Bill No. 5742 was substituted for Senate Bill No. 5742 and the substitute bill was placed on second reading and read the second time.

MOTION

      Senator McAuliffe moved that the following amendment by Senators McAuliffe, Honeyford and Carlson be adopted:

       On page 10, beginning on line 25, after "year." strike all material down to and including "and:" on line 28 and insert the following:

       "(3) Any retired teacher or retired administrator who enters service in any public educational institution in Washington state at least (i) forty-five days for certificated instructional staff, or (ii) sixty days for other staff, after his or her date of separation and:'

      Debate ensued.

      The President declared the question before the Senate to be the adoption of the amendment by Senators McAuliffe, Honeyford and Carlson on page 10, beginning on line 25, to Substitute Senate Bill No. 5742.

      The motion by Senator McAuliffe carried and the amendment was adopted.

MOTION

      On motion of Senator Carlson, the following amendment by Senators Carlson, Winsley, Spanel, Honeyford, McAuliffe, Fraser, Jacobsen and Parlette was adopted:

       On page 10, line 31, strike "qualified applicants" insert "well-qualified applicants"

MOTION

      Senator McAuliffe moved that the following amendment be adopted:

       On page 11, beginning on line 2, after "and" strike all material down to and including "retirement." on line 13 and insert the following:

       "(d) The employee has not already rendered a cumulative total of more than (i) three thousand one hundred sixty-five hours of service for certificated instructional staff, or (ii) one thousand nine hundred hours of service for all other staff, while receiving pension payments, beyond an annual threshold of eight hundred sixty-seven hours;

shall cease to receive pension payments while engaged in that service after the retiree has rendered service for more than one thousand five hundred hours in a school year. The cumulative total limitations under this subsection apply prospectively to those retiring after the effective date of this act and retroactively to those who retired prior to the effective date of this act, and shall be calculated from the date of retirement."

      Debate ensued.

POINT OF INQUIRY

      Senator Carlson: “Senator McAuliffe, I would like to know what the relationship of this amendment would be for the administrators and superintendents of school districts and how they would be affected by your amendment?”

      Senator McAuliffe: “Thank you, for your question. This amendment is crafted just for certified staff, so that would only be the teachers. It would not include administrators or other staff, other than your ESA’s.”

      The President declared the question to be the adoption of the amendment by Senator McAuliffe on page 11, line 2, to Substitute Senate Bill No. 5742.

      The motion by Senator McAuliffe failed and the amendment was not adopted on a rising vote.

MOTION

      On motion of Senator Honeyford, the rules were suspended, Engrossed Substitute Senate Bill No. 5742 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5742.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5742 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

     Voting yea: Senators Benton, Brandland, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 47.

     Excused: Senators Brown and Rossi - 2.

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5742, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

      SENATE JOINT MEMORIAL NO. 8012, by Senators Fraser, Morton and Kline

Asking the federal energy regulatory commission to withdraw a new pricing policy proposal.

      The joint memorial was read the second time.

MOTION

      On motion of Senator Fraser, the rules were suspended, Senate Joint Memorial No. 8012 was advanced to third reading, the second reading considered the third and the joint memorial was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Senate Joint Memorial No. 8012.

ROLL CALL

      The Secretary called the roll on the final passage of Senate Joint Memorial No. 8012 and the joint memorial passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

     Voting yea: Senators Benton, Brandland, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 47.

     Excused: Senators Brown and Rossi - 2.

      SENATE JOINT MEMORIAL NO. 8012, having received the constitutional majority, was declared passed.

SECOND READING

      SENATE BILL NO. 5500, by Senators Johnson, Haugen, Esser, Thibaudeau, McCaslin and Horn

Facilitating interlocal agreements for court services among municipalities.

MOTIONS

      On motion of Senator McCaslin, Substitute Senate Bill No. 5500 was substituted for Senate Bill No. 5500 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator McCaslin, the rules were suspended, Substitute Senate Bill No. 5500 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5500.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5500 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 3; Absent, 0; Excused, 2.

     Voting yea: Senators Benton, Brandland, Carlson, Deccio, Doumit, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Roach, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 44.

     Voting nay: Senators Eide, Kline and Reardon - 3.

     Excused: Senators Brown and Rossi - 2.

      SUBSTITUTE SENATE BILL NO. 5500, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

      SENATE BILL NO. 5160, by Senators Morton, Mulliken, McCaslin, Benton, Honeyford, Stevens, Sheahan, Deccio, Swecker, Hale, Parlette and T. Sheldon

Authorizing certain counties to withdraw from the growth management act.

MOTIONS

      On motion of Senator Morton, Substitute Senate Bill No. 5160 was substituted for Senate Bill No. 5160 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Morton, the rules were suspended, Substitute Senate Bill No. 5160 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5160.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5160 and the bill passed the Senate by the following vote: Yeas, 34; Nays, 13; Absent, 0; Excused, 2.

     Voting yea: Senators Benton, Brandland, Carlson, Deccio, Doumit, Eide, Esser, Finkbeiner, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Johnson, Kastama, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Rasmussen, Reardon, Roach, Schmidt, Sheahan, Sheldon, T., Shin, Stevens, Swecker, West, Winsley and Zarelli - 34.

     Voting nay: Senators Fairley, Franklin, Fraser, Jacobsen, Keiser, Kline, Kohl-Welles, McAuliffe, Prentice, Regala, Sheldon, B., Spanel and Thibaudeau - 13.

     Excused: Senators Brown and Rossi - 2.

      SUBSTITUTE SENATE BILL NO. 5160, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

      SENATE BILL NO. 5959, by Senators Esser, Poulsen, Schmidt, Eide, Stevens, T. Sheldon, Reardon and Finkbeiner

Providing access permits for the deployment of personal wireless facilities off limited access highways.

      The bill was read the second time.

MOTION

      On motion of Senator Esser, the rules were suspended, Senate Bill No. 5959 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 roll call on the final passage of Senate Bill No. 5959.

ROLL CALL

      The Secretary called the roll on the final passage of Senate Bill No. 5959 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

     Voting yea: Senators Benton, Brandland, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 47.

     Excused: Senators Brown and Rossi - 2.

      SENATE BILL NO. 5959, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

       SENATE BILL NO. 5379, by Senators Stevens, Hargrove, Carlson, Regala, Parlette, McAuliffe and Winsley

Revising rules for public access to dependency hearings.

      The bill was read the second time.

MOTION

      On motion of Senator Stevens, the following striking amendment by Senators Stevens and Hargrove was adopted:

       Strike everything after the enacting clause and insert the following:

       "Sec. 1. RCW 13.34.115 and 2000 c 122 s 12 are each amended to read as follows:

       All hearings ((may)) shall be public, and conducted at any time or place within the limits of the county((, and such cases may not be heard in conjunction with other business of any other division of the superior court. The public shall be excluded, and only such persons may be admitted who are found by the judge to have a direct interest in the case or in the work of the court. Unless the court states on the record the reasons to disallow attendance, the court shall allow a child's relatives and, if a child resides in foster care, the child's foster parent, to attend all hearings and proceedings pertaining to the child for the sole purpose of providing oral and written information about the child and the child's welfare to the court)).

       If the court finds that there is reasonable cause to believe that the health, safety, or welfare of the child would be jeopardized by conducting a public hearing, the court may exclude the public. In addition, both parents may request that the court exclude the public, subject to the court's discretion.

       Stenographic notes or any device which accurately records the proceedings may be required as provided in other civil cases pursuant to RCW 2.32.200."

MOTIONS

      On motion of Senator Stevens, the following title amendment was adopted:

      On page 1, line 1 of the title, after "hearings;" strike the remainder of the title and insert "and amending RCW 13.34.115."

      On motion of Senator Stevens, the rules were suspended, Engrossed Senate Bill No. 5379 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 5379.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5379 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

     Voting yea: Senators Benton, Brandland, Carlson, Deccio, Doumit, Eide, Esser, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.

     Excused: Senator Brown - 1.

      ENGROSSED SENATE BILL NO. 5379, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

MOTION

      On motion of Senator Eide, Senator Prentice was excused.

SECOND READING

      SENATE BILL NO. 5152, by Senators Benton, Honeyford, Mulliken, Stevens and Zarelli

      Modifying the authority of the Columbia River Gorge Commission.

MOTIONS

      On motion of Senator Honeyford, Substitute Senate Bill No. 5152 was substituted for Senate Bill No. 5152 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Honeyford, the rules were suspended, Substitute Senate Bill No. 5152 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5152.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5152 and the bill passed the Senate by the following vote: Yeas, 27; Nays, 21; Absent, 0; Excused, 1.

     Voting yea: Senators Benton, Brandland, Deccio, Doumit, Esser, Finkbeiner, Hale, Hargrove, Hewitt, Honeyford, Horn, Jacobsen, Johnson, McCaslin, Morton, Mulliken, Oke, Parlette, Roach, Rossi, Schmidt, Sheahan, Sheldon, T., Stevens, Swecker, West and Zarelli - 27.

     Voting nay: Senators Brown, Carlson, Eide, Fairley, Franklin, Fraser, Haugen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Rasmussen, Reardon, Regala, Sheldon, B., Shin, Spanel, Thibaudeau and Winsley - 21.

     Excused: Senator Prentice - 1.

      SUBSTITUTE SENATE BILL NO. 5152, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

      SENATE BILL NO. 5346, by Senators Haugen, Swecker, Doumit, Morton, Rasmussen, Hargrove, Horn and Spanel

Requiring compensation for damage by required changes to tide gate operation.

      The bill was read the second time.

MOTION

      On motion of Senator Swecker, the rules were suspended, Senate Bill No. 5346 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5346.

ROLL CALL

      The Secretary called the roll on the final passage of Senate Bill No. 5346 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 6; Absent, 0; Excused, 0.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, McAuliffe, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Prentice, Rasmussen, Reardon, Roach, Rossi, Schmidt, Sheahan, Sheldon, T., Shin, Spanel, Stevens, Swecker, West, Winsley and Zarelli - 43.

     Voting nay: Senators Fairley, Kline, Kohl-Welles, Regala, Sheldon, B. and Thibaudeau - 6,

      SENATE BILL NO. 5346, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

MOTION

      At 11:17 a.m., on motion of Senator Sheahan, the Senate recessed until 1:00 p.m.

      The Senate was called to order at 1:00 p.m. by President Owen

MOTION

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

MOTION

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

SENATE RESOLUTION 8644

By Senators Oke, Swecker, Jacobsen, Doumit, Fraser, Honeyford, Spanel, Fairley, Johnson, Haugen, B. Sheldon, Kastama, Rasmussen, McAuliffe, Regala and Kohl-Welles