WHEREAS, One Hundred and Fifty years ago on November 23, 1852, a group of forty-four pioneers assembled at a small settlement called Monticello at present day Longview and petitioned the United States Congress to divide the Oregon Territory and create a New Territory; and

      WHEREAS, One Hundred and fifty years ago on March 2, 1853, President Fillmore signed the bill creating the territory of Washington; and

      WHEREAS, We honor the thousands upon thousands of settlers who came here with their hopes and dreams--truly the American dream in its pioneer form--who settled this state and created the cities and towns, with the best intentions of self-governance and loyalty to our nation, laying the groundwork for the state we are today; and

      WHEREAS, We honor those who inhabited this land thousands of years prior to the first landings of the Spanish in 1775. Their strong sense of family, reverence for the wildlife and the environment, pride in who they are, and continued hope for their thriving communities belies the struggle and difficulties the advent of the European explorer brought to them. They are, in their own right, the early pioneers who brought to our history a tradition that lives today--not only in their cultural centers and museums--but in their daily lives and communities; and

      WHEREAS, We honor those who brought the notion of self-governance and populist spirit, who became towering figures in the history of their respective communities and provided each with a notion of government that was based on the best ideals of our nation at the time, fair play, and the rule of law over the rule of man; and

      WHEREAS, We honor all those who keep this history alive in small community-based museums and historical societies to large heritage complexes as staff and volunteers. It is in the best sense of community service that people donate so much of their time to keep many of these organizations alive and thriving; and

      WHEREAS, We honor the generations of school children throughout Washington who are our future. Our history cannot live in just those adults who show interest, it must be cultivated in our youth through the family and our educational institutions. It is our history and the particular episodes in that history that set us apart from the rest of this nation, just as it is that history which integrates us into the fabric of the United States of America; and

      WHEREAS, We honor our communities, even those created after 1889, that make up this great state. Just as governance started with a band of forty-four people assembled here one hundred-fifty years ago, so too our sesquicentennial observance depends on those local communities throughout this state who will take this commemoration as its own and make it a theme for fairs, community celebrations, tribal gatherings, historical writings, and other events too numerous to name; and

      WHEREAS, The Governor, through Executive Order 02-02, set up the Sesquicentennial Commission with membership from across the state and headed by Secretary of State Sam Reed and First Lady Mona Locke;

      NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate call on the people of the state of Washington to honor its early settlers and the indigenous people of the region by celebrating and commemorating our Territorial Sesquicentennial in the grand manner befitting this One Hundred Fiftieth Anniversary of Washington's Charter as a part of the United States.

      Senators Carlson, Fraser, Jacobsen, Brown, Deccio and Regala spoke to Senate Resolution 8627.

INTRODUCTION OF SPECIAL GUESTS

      The President welcomed and introduced Secretary of State Sam Reed, Chair of the State's Sesquicentennial Committee, who was seated on the rostrum.

      With permission of the Senate, business was suspended to permit Secretary Reed to address the Senate.

      The President thanked the Secretary of State for his remarks and for his outstanding work on the committee.

MOTION

      At 8:59 a.m., on motion of Senator Sheahan, the Senate was declared to be at ease.

      The Senate was called to order at 10:00 a.m. by President Owen.

MOTION

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

SECOND READING

      SENATE BILL NO. 5147, by Senators Winsley and Prentice (by request of Insurance Commissioner Kreidler)

Regulating automobile insurance.

      The bill was read the second time.

MOTION

      On motion of Senator Benton, the rules were suspended, Senate Bill No. 5147 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. 5147.

ROLL CALL

      The Secretary called the roll on the final passage of Senate Bill No. 5147 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.

      SENATE BILL NO. 5147, 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.

PERSONAL PRIVILEGE

      Senator West: “A point of personal privilege, Mr. President. I just want to call the attention of the Senate to the fact that outside in the plaza area, there is an experimental car that has been brought to Olympia. The manufacturer of this prototype car is from my legislative district in Spokane. It is called the ‘Ultra Narrow Car.’ It is approximately about forty inches wide; it is a two passenger car. You sit one in front of the other. It is a commuter car. It is designed to relieve traffic congestion and the gentleman that has the car is out there. You can sit in the car and if you are really good, you might even be able to talk him into letting you drive the car. I have had that experience. It is quite a thrill. It is battery operated and goes from zero to sixty in like nothing flat--nothing flat. Anyway, I would like to have you Senators take a look at the car when you get a chance.”

SECOND READING

      SENATE BILL NO. 5308, by Senators Mulliken, T. Sheldon, Morton and McCaslin

Restricting growth management hearings board review of plan and regulation compliance to adoption actions only.

      The bill was read the second time.

MOTION

      On motion of Senator Mulliken, the rules were suspended, Senate Bill No. 5308 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. 5308.

ROLL CALL

      The Secretary called the roll on the final passage of Senate Bill No. 5308 and the bill passed the Senate by the following vote: Yeas, 33; Nays, 16; Absent, 0; Excused, 0.

     Voting yea: Senators Benton, Brandland, Carlson, Deccio, Doumit, Eide, Esser, Finkbeiner, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Johnson, McCaslin, Morton, Mulliken, Oke, Parlette, Prentice, Reardon, Roach, Rossi, Schmidt, Sheahan, Sheldon, T., Shin, Stevens, Swecker, West, Winsley and Zarelli - 33.

     Voting nay: Senators Brown, Fairley, Franklin, Fraser, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Rasmussen, Regala, Sheldon, B., Spanel and Thibaudeau - 16.

      SENATE BILL NO. 5308, 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. 5720, by Senators Winsley, Prentice, Benton, Kline and Rasmussen

Allowing merchants to require additional identification when conducting credit and debit card sales.

      The bill was read the second time.

MOTION

      On motion of Senator Winsley, the rules were suspended, Senate Bill No. 5720 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. 5720.

ROLL CALL

      The Secretary called the roll on the final passage of Senate Bill No. 5720 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.

      SENATE BILL NO. 5720, 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. 5146, by Senators Winsley and Prentice (by request of Insurance Commissioner Kreidler)

Making clarifying, nonsubstantive amendments to and correcting outdated references in the insurance code.

      The bill was read the second time.

MOTION

      On motion of Senator Winsley, the rules were suspended, Senate Bill No. 5146 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. 5146.

ROLL CALL

      The Secretary called the roll on the final passage of Senate Bill No. 5146 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.

      SENATE BILL NO. 5146, 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

      SUBSTITUTE HOUSE BILL NO. 1832, by House Committee on Commerce and Labor (originally sponsored by Representatives Conway, Chandler, Wood, Kenney and Condotta) (by request of Employment Security Department)

Correcting rate class 16 in schedule B by amending RCW 50.29.025 and making no other changes.

      The bill was read the second time.

MOTION

      On motion of Senator Honeyford, the rules were suspended, Substitute House Bill No. 1832 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 House Bill No. 1832.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute House Bill No. 1832 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 HOUSE BILL NO. 1832, 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. 5714, by Senators Benton and Prentice

Providing financial institution law parity.

MOTIONS

      On motion of Senator Sheahan, Substitute Senate Bill No. 5714 was substituted for Senate Bill No. 5714 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Benton, the rules were suspended, Substitute Senate Bill No. 5714 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. 5714.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5714 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. 5714, 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. 5367, by Senators Haugen, Swecker, Jacobsen, Oke and Esser (by request of Utilities and Transportation Commission)

Apportioning railroad crossing installation and maintenance costs.

      The bill was read the second time.

MOTION

      On motion of Senator Horn, the rules were suspended, Senate Bill No. 5367 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. 5367.

ROLL CALL

      The Secretary called the roll on the final passage of Senate Bill No. 5367 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.

      SENATE BILL NO. 5367, 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. 5079, by Senators Finkbeiner, Kohl-Welles, Oke, Winsley, Zarelli, Benton, Swecker, Esser, Hale, Johnson, Hewitt, McAuliffe, Rasmussen and Parlette

Promoting natural science, wildlife, and environmental education.

MOTIONS

      On motion of Senator Finkbeiner, Substitute Senate Bill No. 5079 was substituted for Senate Bill No. 5079 and the substitute bill was placed on second reading and read the second time.

      Senator Finkbeiner moved that the following striking amendment by Senators Finkbeiner and Hargrove be adopted:

       Strike everything after the enacting clause and insert the following:

       "NEW SECTION. Sec. 1. (1) Effective, natural science, wildlife, and environmental education programs provide the foundation for the development of literate children and adults, setting the stage for lifelong learning. Furthermore, integrating the basic subject areas of the common school curriculum in chapter 28A.230 RCW through natural science, wildlife, and environmental education offers many opportunities for achieving excellence in our schools. Well-designed programs, aligned with the state's essential academic learning requirements, contribute to the state's educational reform goals.

       (2) Washington is fortunate to have institutions and programs that currently provide quality natural science, wildlife, and environmental education and teacher training that is already aligned with the state's essential academic learning requirements.

       (3) The legislature intends to further the development of natural science, wildlife, and environmental education by establishing a competitive grant program, funded through state moneys to the extent those moneys are appropriated, or made available through other sources, for proven natural science, wildlife, and environmental education programs that are fully aligned with the state's essential academic learning requirements.

       NEW SECTION. Sec. 2. A new section is added to chapter 28A.300 RCW to read as follows:

       The Washington natural science, wildlife, and environmental education partnership account is hereby created in the custody of the state treasurer to provide natural science, wildlife, and environmental education opportunities for teachers and students to help achieve the highest quality of excellence in education through compliance with the essential academic learning requirements. Revenues to the account shall consist of appropriations made by the legislature or other sources. Grants and their administration shall be paid from the account. Only the superintendent of public instruction or the superintendent's designee may authorize expenditures from the account. The fund is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.

       NEW SECTION. Sec. 3. A new section is added to chapter 28A.300 RCW to read as follows:

       (1) The natural science, wildlife, and environmental education grant program is hereby created, subject to the availability of funds in the natural science, wildlife, and environmental education partnership account. The program is created to promote proven and innovative natural science, wildlife, and environmental education programs that are fully aligned with the state's essential academic learning requirements and includes but is not limited to instruction about renewable resources, responsible use of resources, and conservation.

       (2) The superintendent of public instruction shall establish and publish funding criteria for environmental, natural science, wildlife, forestry, and agricultural education grants. The office of superintendent of public instruction shall involve a cross-section of stakeholder groups to develop socially, economically, and environmentally balanced funding criteria. These criteria shall be based on compliance with the essential academic learning requirements and use methods that encourage critical thinking. The criteria must also include environmental, natural science, wildlife, forestry, and agricultural education programs with one or more of the following features:

       (a) Interdisciplinary approaches to environmental, natural science, wildlife, forestry, and agricultural issues;

       (b) Programs that target underserved, disadvantaged, and multicultural populations;

       (c) Programs that reach out to schools across the state that would otherwise not have access to specialized environmental, natural science, wildlife, forestry, and agricultural education programs;

       (d) Proven programs offered by innovative community partnerships designed to improve student learning and strengthen local communities.

       (3) Eligible uses of grants include, but are not limited to:

       (a) Continuing in-service and preservice training for educators with materials specifically developed to enable educators to teach essential academic learning requirements in a compelling and effective manner;

       (b) Proven, innovative programs that align the basic subject areas of the common school curriculum in chapter 28A.230 RCW with the essential academic learning requirements; the basic subject areas should be integrated by using environmental education, natural science, wildlife, forestry, agricultural, and natural environment curricula to meet the needs of various learning styles; and

       (c) Support and equipment needed for the implementation of the programs in this section.

       (4) Grants may only be disbursed to nonprofit organizations exempt from income tax under section 501(c) of the federal internal revenue code that can provide matching funds or in-kind services.

       (5) Grants may not be used for any partisan or political activities."

      Debate ensued.

      The President declared the question before the Senate to be the adoption of the striking amendment by Senators Finkbeiner and Hargrove to Substitute Senate Bill No. 5079.

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

MOTIONS

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

       On page 1, line 2 of the title, after "education;" strike the remainder of the title and insert "adding new sections to chapter 28A.300 RCW; and creating a new section."

      On motion of Senator Finkbeiner, the rules were suspended, Engrossed Substitute Senate Bill No. 5079 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. 5079.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5079 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. 5079, 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. 5179, by Senators Oke, Mulliken, Rasmussen and T. Sheldon

Allowing the use of body-gripping traps in certain circumstances.

MOTIONS

      On motion of Senator Oke, Substitute Senate Bill No. 5179 was substituted for Senate Bill No. 5179 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Oke, the rules were suspended, Substitute Senate Bill No. 5179 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

POINT OF INQUIRY

      Senator Franklin: “Senator Oke, I would just like to ask for a clarification. I have received mail that you may trap these animals and sell the fur. Along with that, of course, there have been other e-mails in regards to this whole issue of trapping. The second question, will everyone who sets a trap be required to have a permit?”

      Senator Oke: “Thank you, Senator Franklin, for the question. What we have before us is a bill that if you have a problem animal on your property, it allows you to go ahead and trap them. If you trap them and the animal is killed swiftly, that would allow you to sell that fur. In other words, if you take any type of animal out there, and I use the situation with my grandson with a BB gun, anything that he takes, we eat and anything that you take, I think you need to use. That is in there for the purpose of not wasting something. I would be against taking of something out there that needs to be controlled and then just wasting it. I hope that answers your question.”

      Senator Franklin: “And the second question that I asked? I asked you a second question about permits.”

      Senator Oke: “The permits are needed in certain situations. We do have permits not being required by those people that do this federally for us. That is about four different departments. This is what they do in the state of Washington--go out and control those areas that need to be controlled and this is allowed by this bill. Those are professionals and the trappers that are out there are professionals. They need to report to the department the number of the animals that they do capture, so we can keep control on it. The Fish and Wildlife Department totally supports this bill in its present form. They think that they can control our issues out there. Again, for the airports, I have seen a picture where a small plane hit a coyote. It wasn’t a pleasant event for the plane or for the coyote.”

      Senator Franklin: “Thank you for your answer.”

      Further debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5179.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5179 and the bill passed the Senate by the following vote: Yeas, 37; Nays, 12; Absent, 0; Excused, 0.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Finkbeiner, Franklin, Hale, Hargrove, Haugen, Hewitt, Honeyford, Horn, Jacobsen, Johnson, Kastama, McCaslin, Morton, Mulliken, Oke, Parlette, Poulsen, Rasmussen, Reardon, Regala, Roach, Rossi, Schmidt, Sheahan, Sheldon, T., Spanel, Stevens, Swecker, West, Winsley and Zarelli - 37.

     Voting nay: Senators Eide, Esser, Fairley, Fraser, Keiser, Kline, Kohl-Welles, McAuliffe, Prentice, Sheldon, B., Shin and Thibaudeau - 12.

      SUBSTITUTE SENATE BILL NO. 5179, 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, Senators Shin and Thibaudeau were excused.

SECOND READING

      SENATE BILL NO. 5409, by Senators Mulliken, T. Sheldon, Roach, Fairley, Schmidt, Kline, Swecker, Reardon, Deccio, Doumit, McCaslin, Parlette, Esser, Rasmussen and Shin

Providing for direct petition annexations.

MOTIONS

      On motion of Senator Mulliken, Substitute Senate Bill No. 5409 was substituted for Senate Bill No. 5409 and the substitute bill was placed on second reading and read the second time.

      Senator Mulliken moved that the following amendment be adopted:

       On page 12, after line 14, insert the following:

       "Sec. 14. RCW 35A.14.380 and 1981 c 332 s 8 are each amended to read as follows:

       If a portion of a fire protection district including at least sixty percent of the assessed valuation of the real property of the district is annexed to or incorporated into a code city, ownership of all of the assets of the district shall be vested in the code city, upon payment in cash, properties or contracts for fire protection services to the district within one year, of a percentage of the value of said assets equal to the percentage of the value of the real property in the entire district remaining outside the incorporated or annexed area.

       The fire protection district may elect, by a vote of a majority of the persons residing outside the annexed area who vote on the proposition, to require the annexing code city to assume responsibility for the provision of fire protection, and for the operation and maintenance of the district's property, facilities, and equipment throughout the district and to pay the code city a reasonable fee for such fire protection, operation, and maintenance.

       If all of a fire protection district is included in an area that incorporates as a city or town or is annexed to a city or town or fire protection district, all of the assets and liabilities of the fire protection district shall be transferred to the newly incorporated city or town on the date on which the fire protection district ceases to provide fire protection services pursuant to RCW 52.04.161 or to the city or town or fire protection district upon the annexation.

       NEW SECTION. Sec. 15. The following acts or parts of acts are each repealed:

       (1) RCW 35.02.200 (Annexation/incorporation of fire protection district--Ownership of assets of fire protection district--When less than sixty percent) and 1997 c 245 s 2;

       (2) RCW 35.02.202 (Annexation/incorporation of fire protection district--Delay of transfer) and 1991 c 360 s 7;

       (3) RCW 35.02.205 (Annexation/incorporation of fire protection district--Distribution of assets of district when less than five percent of district annexed--Distribution agreement--Arbitration) and 1993 c 262 s 4 and 1989 c 267 s 3; and

       (4) RCW 35A.14.400 (Ownership of assets of fire protection district--When less than sixty percent of assessed valuation is annexed or incorporated in code city) and 1989 c 267 s 2 and 1967 ex.s. c 119 s 35A.14.400."

       Renumber the remaining sections and correct any internal references.

POINT OF ORDER

      Senator Kline: “A point of order, Mr. President. I have read the amendment and I see it has to do with annexation of fire districts with fire protection districts only. I believe, under Rule 25, under the single subject rule, that we have a problem here and I would request your ruling as to whether this amendment, if it were to be adopted, would render Substitute Senate Bill No. 5409 with two subjects in violation of the rule. Thank you.”

      There being no objection, Senator Mulliken withdrew the amendment on page 12, after line 14, to Substitute Senate Bill No. 5409.

MOTION

      On motion of Senator Mulliken, the rules were suspended, Substitute Senate Bill No. 5409 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. 5409.

ROLL CALL

      The Secretary called the roll on final passage of Substitute Senate Bill No. 5409 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, 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., Spanel, Stevens, Swecker, West, Winsley and Zarelli - 47.

     Excused: Senators Shin and Thibaudeau - 2.

      SUBSTITUTE SENATE BILL NO. 5409, 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.

PERSONAL PRIVILEGE

      Senator Brandland: “Mr. President, a point of personal privilege. I came into my office just the other day and I discovered on my desk one of these (holding up a used toilet paper roller). On this is inscribed the note: ‘Dale, I need a refill, signed Bob.’ Now, Mr. President, I would like you to know that I have investigated and talked to Georgia Pacific and they cannot make this toilet paper fast enough for Bob. They are also very concerned about Bob and they are suggesting that maybe he needs to see a Doctor. He is spending entirely too much time in the bathroom. Thank you.”

PERSONAL PRIVILEGE

      Senator McCaslin: “A point of personal privilege. I appreciate the good Senator saying that I am a regular guy.”

MOTION

      On motion of Senator Eide, Senator Fairley was excused.

SECOND READING

      SENATE BILL NO. 5123, by Senators Johnson, Kline and Esser

Revising the Washington business corporation act.

      The bill was read the second time.

MOTION

      On motion of Senator Johnson, the rules were suspended, Senate Bill No. 5123 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. 5123.

ROLL CALL

      The Secretary called the roll on the final passage of Senate Bill No. 5123 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, 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., Spanel, Stevens, Swecker, West, Winsley and Zarelli - 46.

     Excused: Senators Fairley, Shin and Thibaudeau - 3.

      SENATE BILL NO. 5123, 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. 5240, by Senators Zarelli, McAuliffe, Schmidt, Eide, Benton, Carlson, Keiser, Mulliken, Kohl-Welles, Stevens, Winsley, Hale, Roach and Poulsen

Including a classified employee on the Washington professional educator standards board.

MOTIONS

      On motion of Senator Zarelli, Substitute Senate Bill No. 5240 was substituted for Senate Bill No. 5240 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Zarelli, the rules were suspended, Substitute Senate Bill No. 5240 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. 5240.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5240 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, 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 Fairley - 1.

      SUBSTITUTE SENATE BILL NO. 5240, 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. 5172, by Senators Esser, Kline, Johnson and Roach (by request of Office of the Code Reviser)

      Correcting obsolete references to fish and wildlife statutes.

      The bill was read the second time.

MOTION

      On motion of Senator McCaslin, the rules were suspended, Senate Bill No. 5172 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. 5172.

ROLL CALL

      The Secretary called the roll on the final passage of Senate Bill No. 5172 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

     Voting yea: Senators Benton, Brandland, Brown, Carlson, Deccio, Doumit, Eide, Esser, 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 Fairley - 1.

      SENATE BILL NO. 5172, 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. 5475, by Senators Horn, Shin, Sheahan, Kohl-Welles, Carlson and Winsley

Limiting courses of instruction that are exclusive to research institutions of higher education.

      The bill was read the second time.

MOTION

      On motion of Senator Horn, the rules were suspended, Senate Bill No. 5475 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. 5475.

ROLL CALL

      The Secretary called the roll on the final passage of Senate Bill No. 5475 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.

      SENATE BILL NO. 5475, 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. 5800, by Senators Brown, Sheahan, B. Sheldon, Finkbeiner, Doumit, Reardon, McCaslin, Keiser, Kohl-Welles, McAuliffe, Rasmussen, Schmidt, Shin, Thibaudeau and Winsley

Establishing the economic development commission.

MOTIONS

      On motion of Senator Tim Sheldon, Substitute Senate Bill No. 5800 was substituted for Senate Bill No. 5800 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Tim Sheldon, the rules were suspended, Substitute Senate Bill No. 5800 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. 5800.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5800 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. 5800, 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. 5358, by Senators West, Shin, Sheahan, Honeyford, Hewitt, Roach, Finkbeiner, Hale, Kline, McAuliffe, Winsley, Mulliken, Rasmussen and Schmidt

      Authorizing issuance of high school diplomas to veterans of the Korean conflict who were honorably discharged and left high school before graduation to serve in the Korean conflict.

MOTIONS

      On motion of Senator West, Substitute Senate Bill No. 5358 was substituted for Senate Bill No. 5358 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator West, the rules were suspended, Substitute Senate Bill No. 5358 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. 5358.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5358 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. 5358, 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 Sheahan, Senator Rossi was excused.

SECOND READING

      SENATE BILL NO. 5090, by Senators Carlson, Fraser, Spanel and Rasmussen (by request of Joint Committee on Pension Policy)

Determining which fire fighters or law enforcement officers may elect or be elected to certain pension and disability boards.

      The bill was read the second time.

MOTION

      On motion of Senator Carlson, the rules were suspended, Senate Bill No. 5090 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. 5090.

ROLL CALL

      The Secretary called the roll on the final passage of Senate Bill No. 5090 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

     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, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.

     Excused: Senator Rossi - 1.

      SENATE BILL NO. 5090, 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. 5766, by Senators Roach, Reardon, Kastama, Stevens, McCaslin, Esser, McAuliffe, Rasmussen and Hale

Providing businesses with notice of certain administrative rules.

MOTIONS

      On motion of Senator Roach, Substitute Senate Bill No. 5766 was substituted for Senate Bill No. 5766 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Kastama, the following amendment was adopted:

       On page 3, after "after" on line 3, delete the following: ","

MOTION

      On motion of Senator Roach, the rules were suspended, Engrossed Substitute Senate Bill No. 5766 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 Engrossed Substitute Senate Bill No. 5766.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5766 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

     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, Schmidt, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.

     Excused: Senator Rossi - 1.

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5766, 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 12:06 p.m., on motion of Senator Sheahan, the Senate adjourned until 8:30 a.m., Friday, March 7, 2003.

BRAD OWEN, President of the Senate

MILTON H. DOUMIT, Jr., Secretary of the Senate