THIRTY-FOURTH DAY

MORNING SESSION

Senate Chamber, Olympia, Saturday, February 16, 2008

      The Senate was called to order at 9:30 a.m. by President Owen. The Secretary called the roll and announced to the President that all Senators were present with the exception of Senators Kline and Rasmussen.

      The Sergeant at Arms Color Guard consisting of Interns Gabrielle Stilwater and Katie Southwick, presented the Colors. Senator Morton offered the prayer.

MOTION

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

MOTION

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

INTRODUCTION AND FIRST READING

SB 6950             by Senators Brown, Hewitt, Fraser, Brandland, Swecker, Hatfield, Rasmussen, Rockefeller, Stevens, Haugen, Zarelli, Pridemore, Parlette, Sheldon, Hobbs, Hargrove, Holmquist, Fairley, Prentice, Kauffman, Berkey, Kilmer, Kohl-Welles, Shin, Carrell, King, Schoesler, Morton, Delvin, Pflug, Honeyford and Eide

AN ACT Relating to limited waiver or suspension of statutory obligations during officially declared emergencies; amending RCW 43.06.220, 19.28.101, 43.22.350, 43.22.434, 43.22.480, 70.79.330, 70.87.030, 70.87.120, 74.04.660, 80.04.130, 80.28.060, 80.36.110, 81.04.130, 81.04.150, 81.28.050, 80.36.145, 80.36.320, 80.36.330, 80.36.350, 81.108.050, 81.108.060, 81.108.110, 80.36.135, 81.68.046, 81.84.070, 82.32.050, 82.32.080, 82.32.140, 83.100.050, 82.36.031, 82.38.150, 82.42.040, 84.56.020, 84.56.440, 66.20.010, and 66.20.010; adding a new section to chapter 39.34 RCW; adding a new section to chapter 82.50 RCW; adding a new section to chapter 84.33 RCW; creating a new section; providing an effective date; and providing expiration dates.

Referred to Committee on State Government & Tribal Affairs.

INTRODUCTION AND FIRST READING OF HOUSE BILLS

SHB 1534          by House Committee on State Government & Tribal Affairs (originally sponsored by Representatives Hunt, Williams, Armstrong and Moeller)

AN ACT Relating to candidates for elective office; amending RCW 29A.20.111, 29A.20.121, 29A.20.151, 29A.20.171, 29A.20.181, 29A.20.191, 29A.20.201, 29A.24.131, 29A.24.320, 29A.28.041, 29A.32.031, 29A.36.121, 29A.36.191, 29A.40.061, 29A.52.321, 29A.56.320, 29A.80.051, and 35.02.086; adding a new section to chapter 29A.24 RCW; recodifying RCW 29A.28.011 and 29A.28.021; and repealing RCW 29A.20.131, 29A.20.141, and 29A.20.161.

Referred to Committee on Government Operations & Elections.

ESHB 1561        by House Committee on Judiciary (originally sponsored by Representatives Jarrett, Clibborn, Goodman, Springer, Eddy, Rodne and Sullivan)

AN ACT Relating to the authority of a watershed management partnership to exercise powers of its forming governments; and adding a new section to chapter 39.34 RCW.

Referred to Committee on Judiciary.

HB 2210            by Representatives Skinner, Campbell, Haler, Ahern, Warnick, Hailey, Bailey, Dunn and Pearson

AN ACT Relating to state contracts with veteran-owned businesses; amending RCW 43.60A.010, 43.19.536, 39.80.040, and 47.28.030; adding new sections to chapter 43.60A RCW; adding a new section to chapter 43.19 RCW; adding a new section to chapter 28B.10 RCW; adding a new section to chapter 39.04 RCW; adding a new section to chapter 39.29 RCW; and creating new sections.

Referred to Committee on Government Operations & Elections.

SHB 2471          by House Committee on Appropriations (originally sponsored by Representatives Dickerson, VanDeWege, McCoy and Kenney)

AN ACT Relating to the Washington geological survey; amending RCW 43.92.010, 43.92.020, and 43.92.040; and creating a new section.

Referred to Committee on Ways & Means.

ESHB 2480        by House Committee on Transportation (originally sponsored by Representatives Clibborn, McIntire and Simpson)

AN ACT Relating to public transportation fares; amending RCW 35.58.020 and 36.57A.010; adding new sections to chapter 35.58 RCW; adding new sections to chapter 36.57A RCW; creating a new section; and prescribing penalties.

Referred to Committee on Transportation.

SHB 2501          by House Committee on Commerce & Labor (originally sponsored by Representatives Williams, Newhouse, Moeller and Upthegrove)

AN ACT Relating to beer and wine specialty shops; and amending RCW 66.24.371, 66.28.200, and 66.28.220.

Referred to Committee on Labor, Commerce, Research & Development.

E2SHB 2549      by House Committee on Appropriations (originally sponsored by Representatives Seaquist, Lantz, Morrell, Liias, Barlow and Green)

AN ACT Relating to establishing patient-centered primary care pilot projects; creating new sections; and providing an expiration date.

Referred to Committee on Ways & Means.

SHB 2560          by House Committee on Health Care & Wellness (originally sponsored by Representatives VanDeWege, Kessler, Cody, Morrell, Rolfes, Chase, Barlow, Green and Loomis)

AN ACT Relating to defining small employers for purposes of health insurance coverage; and reenacting and amending RCW 48.43.005.

Referred to Committee on Health & Long-Term Care.

SHB 2595          by House Committee on State Government & Tribal Affairs (originally sponsored by Representatives Rolfes, Linville, Moeller, Appleton, Ormsby, VanDeWege, Seaquist, Hurst, Sells, Haigh, Morrell, Campbell, Upthegrove, Liias, Chase, Barlow, Green and Kelley)

AN ACT Relating to veterans' relief; and amending RCW 73.08.005.

Referred to Committee on Government Operations & Elections.

EHB 2613          by Representatives Simpson, Hudgins, Ormsby, Hunt, Wood, Campbell and Chase

AN ACT Relating to reducing the environmental health impact of cleaning in state facilities; and adding a new chapter to Title 70 RCW.

Referred to Committee on Water, Energy & Telecommunications.

E2SHB 2631      by House Committee on Appropriations Subcommittee on General Government & Audit Review (originally sponsored by Representatives Linville, Kretz and Sullivan)

AN ACT Relating to the office of regulatory assistance; amending RCW 43.42.005, 43.42.020, 43.42.030, 43.42.050, 43.42.060, 43.42.070, 43.21A.690, 43.70.630, 43.300.080, and 70.94.085; reenacting and amending RCW 43.42.010 and 43.30.490; adding new sections to chapter 43.42 RCW; and creating a new section.

Referred to Committee on Government Operations & Elections.

SHB 2676          by House Committee on Agriculture & Natural Resources (originally sponsored by Representatives Morris, Quall, Linville and Pearson)

AN ACT Relating to dairy farm nutrient management; and amending RCW 90.72.030, 90.72.045, and 90.72.070.

Referred to Committee on Water, Energy & Telecommunications.

HB 2678            by Representatives Kessler, VanDeWege, Blake, Williams and McIntire

AN ACT Relating to restoring the preferential timber industry business and occupation tax rate to the manufacture of environmentally responsible surface material products from recycled paper; reenacting and amending RCW 82.04.260; and creating a new section.

Referred to Committee on Ways & Means.

HB 2700            by Representatives O'Brien, Morrell, VanDeWege, Green, Hurst, Pearson, Sullivan, Williams, Hankins and Kelley

AN ACT Relating to military department claims and accounts; amending RCW 38.24.010; and adding a new section to chapter 38.40 RCW.

Referred to Committee on Ways & Means.

SHB 2718          by House Committee on Transportation (originally sponsored by Representatives Appleton, Rolfes, Lantz, Cody, Eddy, Kenney, Quall, McIntire, Haigh, Seaquist, Eickmeyer, Linville, Ericks, Roberts, VanDeWege, Morris, Dickerson, Kessler, Bailey, Smith, Sells, Nelson and Hasegawa)

AN ACT Relating to reasonable fares for frequent users of Washington state ferries; and amending RCW 47.60.290 and 47.60.315.

Referred to Committee on Transportation.

SHB 2727          by House Committee on Judiciary (originally sponsored by Representatives Lantz, Pedersen, Rodne, Goodman, Williams and Green)

AN ACT Relating to the rights of deceased personalities; amending RCW 63.60.010, 63.60.020, and 63.60.030; and creating a new section.

Referred to Committee on Judiciary.

ESHB 2758        by House Committee on Technology, Energy & Communications (originally sponsored by Representatives Morris, Morrell and Hudgins)

AN ACT Relating to adding products to the energy efficiency code; amending RCW 19.260.030, 19.260.040, and 19.260.050; and adding a new section to chapter 19.260 RCW.

Referred to Committee on Water, Energy & Telecommunications.

SHB 2778          by House Committee on Commerce & Labor (originally sponsored by Representatives Conway, Wood, Condotta, Chandler and Williams)

AN ACT Relating to real estate licensure law; amending RCW 18.85.010, 18.85.030, 18.85.040, 18.85.050, 18.85.055, 18.85.060, 18.85.071, 18.85.080, 18.85.085, 18.85.090, 18.85.097, 18.85.100, 18.85.110, 18.85.120, 18.85.130, 18.85.140, 18.85.155, 18.85.165, 18.85.170, 18.85.180, 18.85.190, 18.85.200, 18.85.210, 18.85.215, 18.85.220, 18.85.225, 18.85.227, 18.85.230, 18.85.240, 18.85.261, 18.85.271, 18.85.281, 18.85.310, 18.85.315, 18.85.317, 18.85.320, 18.85.330, 18.85.340, 18.85.345, 18.85.350, 18.85.520, 18.85.530, and 18.85.560; adding new sections to chapter 18.85 RCW; recodifying RCW 18.85.010, 18.85.071, 18.85.080, 18.85.085, 18.85.040, 18.85.060, 18.85.210, 18.85.220, 18.85.030, 18.85.050, 18.85.055, 18.85.090, 18.85.560, 18.85.097, 18.85.110, 18.85.120, 18.85.130, 18.85.140, 18.85.155, 18.85.165, 18.85.170, 18.85.180, 18.85.190, 18.85.200, 18.85.215, 18.85.310, 18.85.320, 18.85.330, 18.85.315, 18.85.317, 18.85.100, 18.85.225, 18.85.227, 18.85.230, 18.85.240, 18.85.261, 18.85.271, 18.85.281, 18.85.340, 18.85.345, 18.85.350, 18.85.550, 18.85.520, 18.85.530, and 18.85.540; repealing RCW 18.85.095, 18.85.150, 18.85.400, 18.85.450, 18.85.460, 18.85.470, and 18.85.480; prescribing penalties; and providing an effective date.

Referred to Committee on Labor, Commerce, Research & Development.

HB 2780            by Representatives Haigh, Kristiansen, Armstrong, Hunt, Conway, Liias, Takko, Ormsby, Haler and Kenney

AN ACT Relating to alternative public works; amending RCW 39.10.230, 39.10.250, 39.10.270, 39.10.300, and 39.10.330; and repealing RCW 39.10.310.

Referred to Committee on Government Operations & Elections.

SHB 2788          by House Committee on Agriculture & Natural Resources (originally sponsored by Representatives VanDeWege, Blake, Orcutt, Kretz, Nelson, Grant, Williams, Eickmeyer, Linville and McCoy)

AN ACT Relating to the organization of definitions in Title 77 RCW; reenacting and amending RCW 77.08.010; and creating a new section.

Referred to Committee on Natural Resources, Ocean & Recreation.

SHB 2859          by House Committee on Health Care & Wellness (originally sponsored by Representatives Williams, Hinkle, Moeller and Green)

AN ACT Relating to the regulation of massage therapy; amending RCW 18.108.025; adding a new section to chapter 18.108 RCW; and providing an effective date.

Referred to Committee on Health & Long-Term Care.

SHB 2885          by House Committee on Commerce & Labor (originally sponsored by Representatives Williams, Conway, Newhouse, Sells, Chandler, Condotta and Moeller)

AN ACT Relating to industrial insurance for geoduck harvesters; amending RCW 51.12.100; and providing an effective date.

Referred to Committee on Labor, Commerce, Research & Development.

SHB 2899          by House Committee on Appropriations (originally sponsored by Representatives Darneille, Santos, Roberts, Williams, Green, Kagi, Simpson and Kenney)

AN ACT Relating to adult literacy education; adding new sections to chapter 28B.50 RCW; and creating new sections.

Referred to Committee on Ways & Means.

SHB 2925          by House Committee on Community & Economic Development & Trade (originally sponsored by Representatives Kenney, Pettigrew, Bailey, McDonald, Darneille, Upthegrove, Hasegawa, Loomis, Kelley, Hankins, Rolfes, Morrell, Schual-Berke and Santos)

AN ACT Relating to establishing a plan for improving the effectiveness of the office of minority and women's business enterprises; amending RCW 39.19.041; and creating a new section.

Referred to Committee on Ways & Means.

HB 3088            by Representatives Cody, Hinkle and Schual-Berke

AN ACT Relating to dental assistant education and training programs; and amending RCW 18.260.110.

Referred to Committee on Health & Long-Term Care.

E2SHB 3115      by House Committee on Appropriations Subcommittee on General Government & Audit Review (originally sponsored by Representatives Kenney, Skinner, Green, Wallace, Haler, Chase, Rodne, Conway, Morrell, Linville, VanDeWege, Loomis, Kelley, Rolfes, Liias, Ormsby and Darneille)

AN ACT Relating to small business incubators; amending RCW 43.176.010 and 43.176.020; adding new sections to chapter 43.176 RCW; and creating new sections.

Referred to Committee on Ways & Means.

SHB 3120          by House Committee on Finance (originally sponsored by Representatives Rolfes, Morrell, Liias and Williams)

AN ACT Relating to a sales and use tax exemption for environmentally certified residential and commercial construction; and creating a new section.

Referred to Committee on Ways & Means.

2SHB 3121        by House Committee on Appropriations (originally sponsored by Representatives Conway, Green, Hunt, Kenney, Roberts, Haler, Morrell, Hankins, Ericks, Appleton, Eddy, Wood, Sells, Chase, Ormsby, Hasegawa, Williams, Moeller, Campbell, Simpson, Rolfes, McIntire and Darneille)

AN ACT Relating to implementing the recommendations of the joint legislative task force on the underground economy in the construction industry; amending RCW 18.27.030, 18.27.100, 51.16.070, 50.13.060, 50.12.070, 51.48.103, and 51.48.020; amending 2007 c 288 s 2 (uncodified); adding a new section to chapter 39.12 RCW; adding new sections to chapter 18.27 RCW; adding a new section to chapter 43.22 RCW; creating new sections; and providing expiration dates.

Referred to Committee on Ways & Means.

ESHB 3122        by House Committee on Commerce & Labor (originally sponsored by Representatives Conway, Green, Hunt, Kenney, Roberts, Haler, Morrell, Ericks, Hankins, Eddy, Wood, Sells, Chase, Ormsby, Hasegawa, Appleton, Williams, Moeller, Simpson, Sullivan and McIntire)

AN ACT Relating to consolidating, aligning, and clarifying exception tests for determination of independent contractor status under unemployment compensation and workers' compensation laws; amending RCW 50.04.145, 51.08.070, 51.08.180, and 51.08.195; adding a new section to chapter 51.08 RCW; and creating a new section.

Referred to Committee on Labor, Commerce, Research & Development.

SHB 3126          by House Committee on Finance (originally sponsored by Representatives Loomis, Orcutt, Hunter, McIntire, Priest, Roach, Condotta, Kelley and Rolfes)

AN ACT Relating to the interaction of the streamlined sales and use tax legislation and the power of local governments to license and tax; amending RCW 35.22.280, 35.23.440, 35.27.370, and 35.102.050; and adding a new section to chapter 35A.21 RCW.

Referred to Committee on Ways & Means.

HB 3143            by Representative Liias

AN ACT Relating to increasing the membership of public transportation benefit area authorities; and amending RCW 36.57A.050.

Referred to Committee on Transportation.

HB 3210            by Representatives Jarrett, Wallace, Chase, Kenney and Seaquist

AN ACT Relating to a state comprehensive plan for workforce training and education; and amending RCW 28C.18.080.

Referred to Committee on Higher Education.

SHB 3255          by House Committee on Commerce & Labor (originally sponsored by Representatives Wood, Conway and Ormsby)

AN ACT Relating to workers' compensation coverage for work performed outside the state of Washington; and amending RCW 51.12.120.

Referred to Committee on Labor, Commerce, Research & Development.

HB 3362            by Representative Kelley

AN ACT Relating to tax incentives to encourage businesses to purchase highly energy efficient equipment; adding a new section to chapter 82.04 RCW; creating a new section; providing an effective date; and providing an expiration date.

Referred to Committee on Ways & Means.

HJM 4031          by Representatives Santos, Pettigrew and Kenney

Requesting that Congress and the President demand Ethiopia fulfill its human rights obligations.

Referred to Committee on Judiciary.

MOTION

      On motion of Senator Eide, all measures listed on the Introduction and First Reading report were referred to the committees as designated with the exceptions of Substitute House Bill No. 2676 which was referred to the Committee on Water, Energy & Telecommunications and Substitute House Bill No. 3120 which was referred to the Committee on Ways & Means.

MOTION

      On motion of Senator Eide, the rules were suspended and Senate Bill No. 6950 was placed on the second reading calendar.

MOTION

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

SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS

MOTION

      Senator Kilmer moved that Gubernatorial Appointment No. 9294, Edward Delmore, as a member of the Sentencing Guidelines Commission, be confirmed.

      Senator Kilmer spoke in favor of the motion.

MOTION

On motion of Senator Brandland, Senators Parlette and Pflug were excused.

APPOINTMENT OF EDWARD DELMORE

The President declared the question before the Senate to be the confirmation of Gubernatorial Appointment No. 9294, Edward Delmore as a member of the Sentencing Guidelines Commission.

      The Secretary called the roll on the confirmation of Gubernatorial Appointment No. 9294, Edward Delmore as a member of the Sentencing Guidelines Commission and the appointment was confirmed by the following vote: Yeas, 47; Nays, 0; Absent, 2; Excused, 0.

      Voting yea: Senators Benton, Berkey, Brandland, Brown, Carrell, Delvin, Eide, Fairley, Franklin, Fraser, Hargrove, Hatfield, Haugen, Hewitt, Hobbs, Holmquist, Honeyford, Jacobsen, Kastama, Kauffman, Keiser, Kilmer, King, Kohl-Welles, Marr, McAuliffe, McCaslin, McDermott, Morton, Murray, Oemig, Parlette, Pflug, Prentice, Pridemore, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Tom, Weinstein and Zarelli - 47

      Absent: Senators Kline and Rasmussen - 2

Gubernatorial Appointment No. 9294, Edward Delmore, having received the constitutional majority was declared confirmed as a member of the Sentencing Guidelines Commission.

MOTION

On motion of Senator Hewitt, Senators Kline and Rasmussen were excused.

SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS

MOTION

      Senator Marr moved that Gubernatorial Appointment No. 9322, Michael R. Kawamura, as a member of the Sentencing Guidelines Commission, be confirmed.

      Senator Marr spoke in favor of the motion.

APPOINTMENT OF MICHAEL R. KAWAMURA

The President declared the question before the Senate to be the confirmation of Gubernatorial Appointment No. 9322, Michael R. Kawamura as a member of the Sentencing Guidelines Commission.

      The Secretary called the roll on the confirmation of Gubernatorial Appointment No. 9322, Michael R. Kawamura as a member of the Sentencing Guidelines Commission and the appointment was confirmed by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Benton, Berkey, Brandland, Brown, Carrell, Delvin, Eide, Fairley, Franklin, Fraser, Hargrove, Hatfield, Haugen, Hewitt, Hobbs, Holmquist, Honeyford, Jacobsen, Kastama, Kauffman, Keiser, Kilmer, King, Kline, Kohl-Welles, Marr, McAuliffe, McCaslin, McDermott, Morton, Murray, Oemig, Parlette, Pflug, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Tom, Weinstein and Zarelli - 49

Gubernatorial Appointment No. 9322, Michael R. Kawamura, having received the constitutional majority was declared confirmed as a member of the Sentencing Guidelines Commission.

SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS

MOTION

      Senator Spanel moved that Gubernatorial Appointment No. 9342, Antasia Parker, as a member of the Board of Trustees, Western Washington University, be confirmed.

      Senator Spanel spoke in favor of the motion.

APPOINTMENT OF ANTASIA PARKER

The President declared the question before the Senate to be the confirmation of Gubernatorial Appointment No. 9342, Antasia Parker as a member of the Board of Trustees, Western Washington University.

      The Secretary called the roll on the confirmation of Gubernatorial Appointment No. 9342, Antasia Parker as a member of the Board of Trustees, Western Washington University and the appointment was confirmed by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Benton, Berkey, Brandland, Brown, Carrell, Delvin, Eide, Fairley, Franklin, Fraser, Hargrove, Hatfield, Haugen, Hewitt, Hobbs, Holmquist, Honeyford, Jacobsen, Kastama, Kauffman, Keiser, Kilmer, King, Kline, Kohl-Welles, Marr, McAuliffe, McCaslin, McDermott, Morton, Murray, Oemig, Parlette, Pflug, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Tom, Weinstein and Zarelli - 49

Gubernatorial Appointment No. 9342, Antasia Parker, having received the constitutional majority was declared confirmed as a member of the Board of Trustees, Western Washington University.

SECOND READING

      SENATE BILL NO. 6531, by Senator Haugen

      Addressing environmental mitigation in highway construction.

      The measure was read the second time.

MOTION

      On motion of Senator Murray, the rules were suspended, Senate Bill No. 6531 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Murray and Swecker spoke in favor of passage of the bill.

      The President declared the question before the Senate to be the final passage of Senate Bill No. 6531.

ROLL CALL

      The Secretary called the roll on the final passage of Senate Bill No. 6531 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Benton, Berkey, Brandland, Brown, Carrell, Delvin, Eide, Fairley, Franklin, Fraser, Hargrove, Hatfield, Haugen, Hewitt, Hobbs, Holmquist, Honeyford, Jacobsen, Kastama, Kauffman, Keiser, Kilmer, King, Kline, Kohl-Welles, Marr, McAuliffe, McCaslin, McDermott, Morton, Murray, Oemig, Parlette, Pflug, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Tom, Weinstein and Zarelli - 49

      SENATE BILL NO. 6531, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

PARLIAMENTARY INQUIRY

Senator Honeyford: “On the order of consideration the page numbers do not match up with the book so I’m searching and hunting.”

REPLY BY THE PRESIDENT

President Owen: “Let us verify that for you Senator see what the issue is. Senator Honeyford, you are correct. They’re going to, right now, get those matched up. We will try to announce them as we go along.”

SECOND READING

      SENATE BILL NO. 6569, by Senators Haugen, Swecker, Hatfield and Holmquist

      Permitting public transit vehicle stops at unmarked stop zones under certain circumstances.

MOTIONS

      On motion of Senator Murray, Substitute Senate Bill No. 6569 was substituted for Senate Bill No. 6569 and the substitute bill was placed on the second reading and read the second time.

      On motion of Senator Murray, the rules were suspended, Substitute Senate Bill No. 6569 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Murray, Swecker and Haugen spoke in favor of passage of the bill.

MOTION

On motion of Senator Delvin, Senator Carrell was excused.

POINT OF INQUIRY

Senator Roach: “Would the good Senator from the 10^th District yield to a question? You know I’m not on the Transportation Committee, didn’t see this, wasn’t at the hearing so this is a good faith question. What body of government decides where we are going to be putting these stops. I mean how do I know that is just isn’t where you want them. You say in front of a house of a disabled person, well, does that mean if they don’t have a safe spot in front of their home they would have to go some...? I’m not sure how this is going to be executed.”

Senator Haugen: “Well, actually it’s going to be our very safe bus drivers and all of our transit districts. It’s not going to be willy nilly. They are going to pick people up everywhere. They won’t be stopping where there is no shoulders but I will say that in some areas in the state of Washington there are some shoulders. There’s some areas where people can get on and they don’t have to go down to another spot which may be far away, but, believe me, this is done in a very safe manner. This is being done right today. All this does is authorize them. Perhaps your system, which is probably a big system, doesn’t respond like the rest of our very small systems who really know the people. They arrange to pick them up. So, I don’t think you’re going to see it happening willy nilly across the state. I urge your support.”

      Senator Roach spoke against passage of the bill.

      The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6569.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6569 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 1; Absent, 0; Excused, 1.

      Voting yea: Senators Benton, Berkey, Brandland, Brown, Delvin, Eide, Fairley, Franklin, Fraser, Hargrove, Hatfield, Haugen, Hewitt, Hobbs, Holmquist, Honeyford, Jacobsen, Kastama, Kauffman, Keiser, Kilmer, King, Kline, Kohl-Welles, Marr, McAuliffe, McCaslin, McDermott, Morton, Murray, Oemig, Parlette, Pflug, Prentice, Pridemore, Rasmussen, Regala, Rockefeller, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Tom, Weinstein and Zarelli - 47

      Voting nay: Senator Roach - 1

      Excused: Senator Carrell - 1

      SUBSTITUTE SENATE BILL NO. 6569, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

MOTION TO LIMIT DEBATE

Senator Eide: “Mr. President, I move that the members of the Senate be allowed to speak but once on each question before the Senate, that such speech be limited to three minutes and that members be prohibited from yielding their time, however, the maker of a motion shall be allowed to open and close debate. This motion shall be in effect through February 16, 2008.”

The President declared the question before the Senate to be the motion by Senator Eide to limit debate.

The motion by Senator Eide carried and debate was limited through February 16, 2008 by voice vote.

SECOND READING

      SENATE BILL NO. 6602, by Senators Haugen and Swecker

      Modifying certain provisions of the pilotage act. Revised for 1st Substitute: Modifying pilotage act and related provisions.

MOTIONS

      On motion of Senator Murray, Substitute Senate Bill No. 6602 was substituted for Senate Bill No. 6602 and the substitute bill was placed on the second reading and read the second time.

      On motion of Senator Murray, the rules were suspended, Substitute Senate Bill No. 6602 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senator Murray spoke in favor of passage of the bill.

      The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6602.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6602 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

      Voting yea: Senators Benton, Berkey, Brandland, Brown, Delvin, Eide, Fairley, Franklin, Fraser, Hargrove, Hatfield, Haugen, Hewitt, Hobbs, Holmquist, Honeyford, Jacobsen, Kastama, Kauffman, Keiser, Kilmer, King, Kline, Kohl-Welles, Marr, McAuliffe, McCaslin, McDermott, Morton, Murray, Oemig, Parlette, Pflug, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Tom, Weinstein and Zarelli - 48

      Excused: Senator Carrell - 1

      SUBSTITUTE SENATE BILL NO. 6602, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

MOTION

On motion of Senator Regala, Senator Fairley was excused.

SECOND READING

      SENATE BILL NO. 6678, by Senators Haugen, Prentice, Hobbs, Swecker, McCaslin, Brandland, Spanel, Jacobsen, Oemig, Fairley, Franklin, Fraser, King, Eide, Marr, Brown, Carrell, Berkey, Hatfield, Rasmussen, Rockefeller, Regala, Pridemore, Tom, Sheldon, Hargrove, Weinstein, Shin, Parlette, Murray, McAuliffe, Stevens, Kohl-Welles, Roach and Holmquist

      Authorizing the issuance of special license plates to mothers of United States armed forces members killed in combat. Revised for 1st Substitute: Authorizing the issuance of special license plates to parents of United States armed forces members who have died while in service to his or her country or as a result of such service.

MOTIONS

      On motion of Senator Haugen, Substitute Senate Bill No. 6678 was substituted for Senate Bill No. 6678 and the substitute bill was placed on the second reading and read the second time.

      On motion of Senator Haugen, the rules were suspended, Substitute Senate Bill No. 6678 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Haugen and Swecker spoke in favor of passage of the bill.

      The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6678.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6678 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

      Voting yea: Senators Benton, Berkey, Brandland, Brown, Delvin, Eide, Franklin, Fraser, Hargrove, Hatfield, Haugen, Hewitt, Hobbs, Holmquist, Honeyford, Jacobsen, Kastama, Kauffman, Keiser, Kilmer, King, Kline, Kohl-Welles, Marr, McAuliffe, McCaslin, McDermott, Morton, Murray, Oemig, Parlette, Pflug, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Tom, Weinstein and Zarelli - 47

      Excused: Senators Carrell and Fairley - 2

      SUBSTITUTE SENATE BILL NO. 6678, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SECOND READING

      SENATE BILL NO. 6761, by Senators Haugen, Swecker, Spanel and Rasmussen

      Regarding service areas for wetlands mitigation banks.

MOTIONS

      On motion of Senator Haugen, Substitute Senate Bill No. 6761 was substituted for Senate Bill No. 6761 and the substitute bill was placed on the second reading and read the second time.

      On motion of Senator Haugen, the rules were suspended, Substitute Senate Bill No. 6761 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Haugen and Swecker spoke in favor of passage of the bill.

      The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6761.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6761 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 2; Absent, 0; Excused, 1.

      Voting yea: Senators Benton, Berkey, Brandland, Brown, Delvin, Eide, Fairley, Franklin, Fraser, Hargrove, Hatfield, Haugen, Hewitt, Hobbs, Holmquist, Honeyford, Jacobsen, Kastama, Kauffman, Keiser, Kilmer, King, Kline, Kohl-Welles, Marr, McAuliffe, McCaslin, McDermott, Morton, Murray, Oemig, Parlette, Pflug, Prentice, Pridemore, Rasmussen, Regala, Rockefeller, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Tom and Weinstein - 46

      Voting nay: Senators Roach and Zarelli - 2

      Excused: Senator Carrell - 1

      SUBSTITUTE SENATE BILL NO. 6761, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SECOND READING

      SENATE BILL NO. 6321, by Senators Marr, Swecker and Haugen

      Transferring jurisdictional route transfer responsibilities from the transportation improvement board to the transportation commission.

      The measure was read the second time.

MOTION

      On motion of Senator Marr, the rules were suspended, Senate Bill No. 6321 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senator Marr spoke in favor of passage of the bill.

MOTION

On motion of Senator Regala, Senator Prentice was excused.

      The President declared the question before the Senate to be the final passage of Senate Bill No. 6321.

ROLL CALL

      The Secretary called the roll on the final passage of Senate Bill No. 6321 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

      Voting yea: Senators Benton, Berkey, Brandland, Brown, Delvin, Eide, Fairley, Franklin, Fraser, Hargrove, Hatfield, Haugen, Hewitt, Hobbs, Holmquist, Honeyford, Jacobsen, Kastama, Kauffman, Keiser, Kilmer, King, Kline, Kohl-Welles, Marr, McAuliffe, McCaslin, McDermott, Morton, Murray, Oemig, Parlette, Pflug, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Tom, Weinstein and Zarelli - 47

      Excused: Senators Carrell and Prentice - 2

      SENATE BILL NO. 6321, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SECOND READING

      SENATE BILL NO. 6857, by Senators Morton, Swecker, Haugen, King, Spanel, Parlette and Delvin

      Designating a select portion of state route number 97 as a heavy haul industrial corridor.

MOTIONS

      On motion of Senator Morton, Substitute Senate Bill No. 6857 was substituted for Senate Bill No. 6857 and the substitute bill was placed on the second reading and read the second time.

      On motion of Senator Morton, the rules were suspended, Substitute Senate Bill No. 6857 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senator Morton spoke in favor of passage of the bill.

      The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6857.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6857 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

      Voting yea: Senators Benton, Berkey, Brandland, Brown, Carrell, Delvin, Eide, Fairley, Franklin, Fraser, Hargrove, Hatfield, Haugen, Hewitt, Hobbs, Holmquist, Honeyford, Jacobsen, Kastama, Kauffman, Keiser, Kilmer, King, Kline, Kohl-Welles, Marr, McAuliffe, McCaslin, McDermott, Morton, Murray, Oemig, Parlette, Pflug, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Tom, Weinstein and Zarelli - 48

      Excused: Senator Prentice - 1

      SUBSTITUTE SENATE BILL NO. 6857, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SECOND READING

      SENATE BILL NO. 6324, by Senators Sheldon, Haugen and Shin

      Providing liability immunity for aerial search and rescue activities managed by the department of transportation.

MOTIONS

      On motion of Senator Sheldon, Substitute Senate Bill No. 6324 was substituted for Senate Bill No. 6324 and the substitute bill was placed on the second reading and read the second time.

      On motion of Senator Sheldon, the rules were suspended, Substitute Senate Bill No. 6324 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Sheldon and Swecker spoke in favor of passage of the bill.

      The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6324.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6324 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 1; Absent, 0; Excused, 1.

      Voting yea: Senators Benton, Berkey, Brandland, Brown, Carrell, Delvin, Eide, Fairley, Franklin, Fraser, Hargrove, Hatfield, Haugen, Hewitt, Hobbs, Holmquist, Honeyford, Jacobsen, Kastama, Kauffman, Keiser, Kilmer, King, Kline, Kohl-Welles, Marr, McAuliffe, McCaslin, McDermott, Morton, Murray, Oemig, Parlette, Pflug, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Tom and Zarelli - 47

      Voting nay: Senator Weinstein - 1

      Excused: Senator Prentice - 1

      SUBSTITUTE SENATE BILL NO. 6324, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SECOND READING

      SENATE BILL NO. 5363, by Senator Jacobsen

      Adding speed violations on arterial highways to the traffic safety camera law. Revised for 1st Substitute: Adding speed violations on certain arterial streets to the traffic safety camera law.

MOTION

      On motion of Senator Murray, Substitute Senate Bill No. 5363 was substituted for Senate Bill No. 5363 and the substitute bill was placed on the second reading and read the second time.

MOTION

      Senator Murray moved that the following striking amendment by Senators Jacobsen and Haugen be adopted:

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. It is the intent of the legislature that this act increase the tools available to the state's largest urban area to increase pedestrian and driver safety. More than six hundred pedestrians have been killed on Washington state streets and roadways in the past eight years. The city of Seattle experiences more than four hundred collisions involving pedestrians each year, and an average of six pedestrian fatalities a year. Excessive driver speed is often cited as a factor in traffic fatalities.

      The state's largest urban area is encouraged to use traffic safety cameras for the purpose of detecting speeding violations at locations with the highest pedestrian, bicycle, and vehicular traffic accident history.

      Sec. 2. RCW 46.63.170 and 2007 c 372 s 3 are each amended to read as follows:

      (1) The use of automated traffic safety cameras for issuance of notices of infraction is subject to the following requirements:

      (a) The appropriate local legislative authority must first enact an ordinance allowing for their use to detect one or more of the following: Stoplight, railroad crossing, or school speed zone violations, or speed violations on arterial streets in cities with a population over five hundred thousand only. At a minimum, the local ordinance must contain the restrictions described in this section and provisions for public notice and signage. Cities and counties using automated traffic safety cameras before July 24, 2005, are subject to the restrictions described in this section, but are not required to enact an authorizing ordinance.

       (b) Use of automated traffic safety cameras is restricted to two-arterial intersections, railroad crossings, ((and)) school speed zones, and arterial streets in cities with a population over five hundred thousand only.

      (c) Automated traffic safety cameras may only take pictures of the vehicle and vehicle license plate and only while an infraction is occurring. The picture must not reveal the face of the driver or of passengers in the vehicle.

      (d) A notice of infraction must be mailed to the registered owner of the vehicle within fourteen days of the violation, or to the renter of a vehicle within fourteen days of establishing the renter's name and address under subsection (3)(a) of this section. The law enforcement officer issuing the notice of infraction shall include with it a certificate or facsimile thereof, based upon inspection of photographs, microphotographs, or electronic images produced by an automated traffic safety camera, stating the facts supporting the notice of infraction. This certificate or facsimile is prima facie evidence of the facts contained in it and is admissible in a proceeding charging a violation under this chapter. The photographs, microphotographs, or electronic images evidencing the violation must be available for inspection and admission into evidence in a proceeding to adjudicate the liability for the infraction. A person receiving a notice of infraction based on evidence detected by an automated traffic safety camera may respond to the notice by mail.

      (e) The registered owner of a vehicle is responsible for an infraction under RCW 46.63.030(1)(e) unless the registered owner overcomes the presumption in RCW 46.63.075, or, in the case of a rental car business, satisfies the conditions under subsection (3) of this section. If appropriate under the circumstances, a renter identified under subsection (3)(a) of this section is responsible for an infraction.

      (f) Notwithstanding any other provision of law, all photographs, microphotographs, or electronic images prepared under this section are for the exclusive use of law enforcement in the discharge of duties under this section and are not open to the public and may not be used in a court in a pending action or proceeding unless the action or proceeding relates to a violation under this section. No photograph, microphotograph, or electronic image may be used for any purpose other than enforcement of violations under this section nor retained longer than necessary to enforce this section.

      (g) All locations where an automated traffic safety camera is used must be clearly marked by placing signs in locations that clearly indicate to a driver that he or she is entering a zone where traffic laws are enforced by an automated traffic safety camera.

      (h) If a county or city has established an authorized automated traffic safety camera program under this section, the compensation paid to the manufacturer or vendor of the equipment used must be based only upon the value of the equipment and services provided or rendered in support of the system, and may not be based upon a portion of the fine or civil penalty imposed or the revenue generated by the equipment.

      (2) Infractions detected through the use of automated traffic safety cameras are not part of the registered owner's driving record under RCW 46.52.101 and 46.52.120. Additionally, infractions generated by the use of automated traffic safety cameras under this section shall be processed in the same manner as parking infractions, including for the purposes of RCW 3.46.120, 3.50.100, 35.20.220, 46.16.216, and 46.20.270(3). However, the amount of the fine issued for an infraction generated through the use of an automated traffic safety camera shall not exceed the amount of a fine issued for other parking infractions within the jurisdiction.

      (3) If the registered owner of the vehicle is a rental car business, the law enforcement agency shall, before a notice of infraction being issued under this section, provide a written notice to the rental car business that a notice of infraction may be issued to the rental car business if the rental car business does not, within eighteen days of receiving the written notice, provide to the issuing agency by return mail:

      (a) A statement under oath stating the name and known mailing address of the individual driving or renting the vehicle when the infraction occurred; or

      (b) A statement under oath that the business is unable to determine who was driving or renting the vehicle at the time the infraction occurred because the vehicle was stolen at the time of the infraction. A statement provided under this subsection must be accompanied by a copy of a filed police report regarding the vehicle theft; or

       (c) In lieu of identifying the vehicle operator, the rental car business may pay the applicable penalty.

      Timely mailing of this statement to the issuing law enforcement agency relieves a rental car business of any liability under this chapter for the notice of infraction.

      (4) Nothing in this section prohibits a law enforcement officer from issuing a notice of traffic infraction to a person in control of a vehicle at the time a violation occurs under RCW 46.63.030(1) (a), (b), or (c).

      (5) For the purposes of this section, "automated traffic safety camera" means a device that uses a vehicle sensor installed to work in conjunction with an intersection traffic control system, a railroad grade crossing control system, or a speed measuring device, and a camera synchronized to automatically record one or more sequenced photographs, microphotographs, or electronic images of the rear of a motor vehicle at the time the vehicle fails to stop when facing a steady red traffic control signal or an activated railroad grade crossing control signal, or exceeds a speed limit ((in a school speed zone)) as detected by a speed measuring device."

      Senator Murray spoke in favor of adoption of the striking amendment.

      The President declared the question before the Senate to be the adoption of the striking amendment by Senators Jacobsen and Haugen to Substitute Senate Bill No. 5363.

      The motion by Senator Murray carried and the striking amendment was adopted by voice vote.

MOTION

      There being no objection, the following title amendment was adopted:

      On page 1, line 2 of the title, after "streets;" strike the remainder of the title and insert "amending RCW 46.63.170; and creating a new section."

MOTION

      On motion of Senator Murray, the rules were suspended, Engrossed Substitute Senate Bill No. 5363 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Murray, Swecker, Franklin, Jacobsen and Kline spoke in favor of passage of the bill.

      Senators Benton and Honeyford spoke against passage of the bill.

      The President declared the question before the Senate to be the final passage of Engrossed Substitute Senate Bill No. 5363.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5363 and the bill passed the Senate by the following vote: Yeas, 28; Nays, 21; Absent, 0; Excused, 0.

      Voting yea: Senators Berkey, Brown, Delvin, Eide, Fairley, Franklin, Fraser, Hargrove, Haugen, Jacobsen, Kilmer, Kline, Kohl-Welles, Marr, McAuliffe, McDermott, Morton, Murray, Prentice, Pridemore, Rasmussen, Regala, Rockefeller, Shin, Spanel, Swecker, Tom and Weinstein - 28

      Voting nay: Senators Benton, Brandland, Carrell, Hatfield, Hewitt, Hobbs, Holmquist, Honeyford, Kastama, Kauffman, Keiser, King, McCaslin, Oemig, Parlette, Pflug, Roach, Schoesler, Sheldon, Stevens and Zarelli - 21

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5363, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

MOTION

On motion of Senator Brandland, Senators Hewitt and McCaslin were excused.

MOTION

At 11:02 a.m., on motion of Senator Eide, the Senate was declared to be at ease subject to the call of the President.

The Senate was called to order at 11:45 a.m. by President Owen.

SECOND READING

      SENATE BILL NO. 6771, by Senators Haugen and Murray

      Eliminating regional transportation investment districts.

MOTION

      On motion of Senator Haugen, Substitute Senate Bill No. 6771 was substituted for Senate Bill No. 6771 and the substitute bill was placed on the second reading and read the second time.

MOTION

Senator Swecker moved that the following amendment by Senators Swecker and Haugen be adopted.

      On page 1, line 1 of the title, after "to", insert "temporarily"

      Senator Swecker spoke in favor of adoption of the amendment.

The President declared the question before the Senate to be the adoption of the amendment by Senators Swecker and Haugen on page 1, line 1 to Substitute Senate Bill No. 6771.

The motion by Senator Swecker carried and the amendment was adopted by voice vote.

MOTION

      On motion of Senator Haugen, the rules were suspended, Engrossed Substitute Senate Bill No. 6771 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Haugen, Swecker, Murray and Marr spoke in favor of passage of the bill.

      Senators Benton, Franklin and Pflug spoke against passage of the bill.

      The President declared the question before the Senate to be the final passage of Engrossed Substitute Senate Bill No. 6771.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6771 and the bill passed the Senate by the following vote: Yeas, 27; Nays, 22; Absent, 0; Excused, 0.

      Voting yea: Senators Berkey, Brown, Delvin, Eide, Fairley, Fraser, Hargrove, Hatfield, Haugen, Hobbs, Jacobsen, Keiser, King, Kline, Kohl-Welles, Marr, McAuliffe, McDermott, Murray, Prentice, Pridemore, Rockefeller, Sheldon, Shin, Spanel, Swecker and Weinstein - 27

      Voting nay: Senators Benton, Brandland, Carrell, Franklin, Hewitt, Holmquist, Honeyford, Kastama, Kauffman, Kilmer, McCaslin, Morton, Oemig, Parlette, Pflug, Rasmussen, Regala, Roach, Schoesler, Stevens, Tom and Zarelli - 22

      ENGROSSED SUBSTITUTE SENATE BILL NO. 6771, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SECOND READING

      SENATE BILL NO. 6932, by Senators Haugen, Swecker, Spanel, Jacobsen, Marr, Kilmer, Rockefeller and Shin

      Addressing ferry vessel and terminal planning.

MOTIONS

      On motion of Senator Haugen, Substitute Senate Bill No. 6932 was substituted for Senate Bill No. 6932 and the substitute bill was placed on the second reading and read the second time.

      On motion of Senator Haugen, the rules were suspended, Substitute Senate Bill No. 6932 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Haugen, Swecker and Pflug spoke in favor of passage of the bill.

      The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6932.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6932 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Benton, Berkey, Brandland, Brown, Carrell, Delvin, Eide, Fairley, Franklin, Fraser, Hargrove, Hatfield, Haugen, Hewitt, Hobbs, Holmquist, Honeyford, Jacobsen, Kastama, Kauffman, Keiser, Kilmer, King, Kline, Kohl-Welles, Marr, McAuliffe, McCaslin, McDermott, Morton, Murray, Oemig, Parlette, Pflug, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Tom, Weinstein and Zarelli - 49

      SUBSTITUTE SENATE BILL NO. 6932, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SECOND READING

      SENATE BILL NO. 6777, by Senators McDermott, Brown, Murray, Kohl-Welles and Pridemore

      Clarifying interests in certain state lands.

MOTION

      On motion of Senator McDermott, Substitute Senate Bill No. 6777 was substituted for Senate Bill No. 6777 and the substitute bill was placed on the second reading and read the second time.

MOTION

Senator Honeyford moved that the following striking amendment by Senator Honeyford be adopted.

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. (1) The legislature finds that there exists potential disagreement over the ownership of certain minerals located on land formerly owned by the state of Washington located on Maury Island in section 29, township 22N, range 03E, and conveyed by the state in deeds dated in 1910 and 1923. Although the fee simple ownership of these lands were clearly transferred into private hands, the conveyance instruments contained a mineral reservation whereby the ownership of the minerals located on the land remained in state ownership to be managed for the benefit of the state land trust beneficiaries. Although the conveyance instruments reserve to the state the ownership of all minerals of every kind, name, or description located in or upon the land, and although both the grantor and grantee have historically operated as though no there is no disagreement over the ownership status of the same, gravel, and rock, there has been no formal determination by the judicial system of the title to the sand, gravel, and rock resources located on these lands and whether sand, gravel, and rock resources are included in this mineral reservation.

      (2) It is the intent of this act to fulfill the state's fiduciary duty to the state land trust beneficiaries by determining any interest it may have in the mineral resources on these lands.

      (3)The department of natural resources shall initiate a judicial proceeding to determine the proper ownership of sand, gravel, and rock resources located on land formerly owned by the state of Washington and transferred into private ownership. This section applies to those parcels of land located on Maury Island within section 29, township 22N, range 03E and originally conveyed from state ownership by deeds recorded on or about February 18 1910, and January 26, 1923.

      (4) Until and unless a formal and final judicial opinion finds otherwise, the department of natural resources shall continue to operate, manage land, and enter into leases consistent with its historic interpretation of the land transfers in question.

      (5) This section expires January 1, 2011."

      Correct the title.

      Senator Honeyford spoke in favor of adoption of the striking amendment.

      Senator Rockefeller spoke against adoption of the striking amendment.

      Senator Honeyford demanded a roll call.

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

The President declared the question before the Senate to be the adoption of the striking amendment by Senator Honeyford to Substitute Senate Bill No. 6777.

ROLL CALL

      The Secretary called the roll on the adoption of the striking amendment by Senator Honeyford and the amendment was not adopted by the following vote: Yeas, 19; Nays, 30; Absent, 0; Excused, 0.

      Voting yea: Senators Benton, Brandland, Carrell, Delvin, Hargrove, Hewitt, Holmquist, Honeyford, King, McCaslin, Morton, Parlette, Pflug, Roach, Schoesler, Sheldon, Stevens, Swecker and Zarelli - 19

      Voting nay: Senators Berkey, Brown, Eide, Fairley, Franklin, Fraser, Hatfield, Haugen, Hobbs, Jacobsen, Kastama, Kauffman, Keiser, Kilmer, Kline, Kohl-Welles, Marr, McAuliffe, McDermott, Murray, Oemig, Prentice, Pridemore, Rasmussen, Regala, Rockefeller, Shin, Spanel, Tom and Weinstein - 30

MOTION

      On motion of Senator McDermott, the rules were suspended, Substitute Senate Bill No. 6777 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators McDermott, Brown and Rockefeller spoke in favor of passage of the bill.

      Senators Carrell, Stevens, Honeyford, Pflug and Delvin spoke against passage of the bill.

      The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6777.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6777 and the bill failed to pass the Senate by the following vote: Yeas, 23; Nays, 26; Absent, 0; Excused, 0.

      Voting yea: Senators Eide, Fairley, Franklin, Fraser, Hobbs, Kastama, Kauffman, Keiser, Kilmer, Kline, Kohl-Welles, Marr, McAuliffe, McDermott, Murray, Oemig, Prentice, Pridemore, Regala, Rockefeller, Spanel, Tom and Weinstein - 23

      Voting nay: Senators Benton, Berkey, Brandland, Brown, Carrell, Delvin, Hargrove, Hatfield, Haugen, Hewitt, Holmquist, Honeyford, Jacobsen, King, McCaslin, Morton, Parlette, Pflug, Rasmussen, Roach, Schoesler, Sheldon, Shin, Stevens, Swecker and Zarelli - 26

      SUBSTITUTE SENATE BILL NO. 6777, having failed to receive the constitutional majority, was declared lost.

NOTICE OF RECONSIDERATION

      Senator Brown gave notice of her intent to move to reconsider the vote by which Substitute Senate Bill No. 67776777-SOther Action failed to pass the senate.

MOTION

At 12:44 p.m., on motion of Senator Eide, the Senate was declared to be at ease subject to the call of the President.

AFTERNOON SESSION

The Senate was called to order at 12:57 p.m. by President Owen.

MOTION

      On motion of Senator Eide, the Senate advanced to the seventh order of business.

MOTION

      On motion of Senator Swecker, the rules were suspended, Senate Bill No. 5208 was returned to second reading for the purpose of amendment.

SECOND READING

      SENATE BILL NO. 5208, by Senators Swecker, Marr and Haugen

      Regarding bond amounts for certain department of transportation highway construction contracts.

      The measure was read the second time.

MOTION

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

      Strike everything after the enacting clause and insert the following:

      "Sec. 1. RCW 39.08.030 and 2007 c 218 s 89 are each amended to read as follows:

      (1) The bond mentioned in RCW 39.08.010 shall be in an amount equal to the full contract price agreed to be paid for such work or improvement, except under subsections (2) and (3) of this section, and shall be to the state of Washington, except as otherwise provided in RCW 39.08.100, and except in cases of cities and towns, in which cases such municipalities may by general ordinance fix and determine the amount of such bond and to whom such bond shall run: PROVIDED, The same shall not be for a less amount than twenty-five percent of the contract price of any such improvement, and may designate that the same shall be payable to such city, and not to the state of Washington, and all such persons mentioned in RCW 39.08.010 shall have a right of action in his, her, or their own name or names on such bond for work done by such laborers or mechanics, and for materials furnished or provisions and goods supplied and furnished in the prosecution of such work, or the making of such improvements: PROVIDED, That such persons shall not have any right of action on such bond for any sum whatever, unless within thirty days from and after the completion of the contract with an acceptance of the work by the affirmative action of the board, council, commission, trustees, officer, or body acting for the state, county or municipality, or other public body, city, town or district, the laborer, mechanic or subcontractor, or material supplier, or person claiming to have supplied materials, provisions or goods for the prosecution of such work, or the making of such improvement, shall present to and file with such board, council, commission, trustees or body acting for the state, county or municipality, or other public body, city, town or district, a notice in writing in substance as follows:

      Such notice shall be signed by the person or corporation making the claim or giving the notice, and said notice, after being presented and filed, shall be a public record open to inspection by any person, and in any suit or action brought against such surety or sureties by any such person or corporation to recover for any of the items hereinbefore specified, the claimant shall be entitled to recover in addition to all other costs, attorney's fees in such sum as the court shall adjudge reasonable: PROVIDED, HOWEVER, That no attorney's fees shall be allowed in any suit or action brought or instituted before the expiration of thirty days following the date of filing of the notice hereinbefore mentioned: PROVIDED FURTHER, That any city may avail itself of the provisions of RCW 39.08.010 through 39.08.030, notwithstanding any charter provisions in conflict herewith: AND PROVIDED FURTHER, That any city or town may impose any other or further conditions and obligations in such bond as may be deemed necessary for its proper protection in the fulfillment of the terms of the contract secured thereby, and not in conflict herewith.

      (2) Under the job order contracting procedure described in RCW ((39.10.130)) 39.10.420, bonds will be in an amount not less than the dollar value of all open work orders.

      (3) On highway construction contracts administered by the department of transportation with an estimated contract price of eighty million dollars or more, the department shall fix the amount of the bond to adequately protect one hundred percent of the state's exposure to loss. The amount of the bond shall not be less than eighty million dollars."

      Senator Swecker spoke in favor of adoption of the striking amendment.

      The President declared the question before the Senate to be the adoption of the striking amendment by Senators Swecker and Haugen to Senate Bill No. 5208.

      The motion by Senator Swecker carried and the striking amendment was adopted by voice vote.

MOTION

      There being no objection, the following title amendment was adopted:

      On page 1, line 2 of the title, after "contracts;" strike the remainder of the title and insert "and amending RCW 39.08.030."

MOTION

      On motion of Senator Swecker, the rules were suspended, Engrossed Senate Bill No. 5208 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senator Swecker spoke in favor of passage of the bill.

MOTION

On motion of Senator Regala, Senators Prentice and Rasmussen were excused.

      The President declared the question before the Senate to be the final passage of Engrossed Senate Bill No. 5208.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5208 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Benton, Berkey, Brandland, Brown, Carrell, Delvin, Eide, Fairley, Franklin, Fraser, Hargrove, Hatfield, Haugen, Hewitt, Hobbs, Holmquist, Honeyford, Jacobsen, Kastama, Kauffman, Keiser, Kilmer, King, Kline, Kohl-Welles, Marr, McAuliffe, McCaslin, McDermott, Morton, Murray, Oemig, Parlette, Pflug, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Tom, Weinstein and Zarelli - 49

      ENGROSSED SENATE BILL NO. 5208, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

MOTION

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

MOTION

On motion of Senator Brandland, Senator Carrell was excused.

SECOND READING

      SENATE BILL NO. 6445, by Senator Pridemore

      Allowing cost recovery for fire protection and public safety services rendered on navigable waters of the state to commercial vessels by fire protection agencies.

MOTIONS

      On motion of Senator Pridemore, Substitute Senate Bill No. 6445 was substituted for Senate Bill No. 6445 and the substitute bill was placed on the second reading and read the second time.

      On motion of Senator Pridemore, the rules were suspended, Substitute Senate Bill No. 6445 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senator Pridemore spoke in favor of passage of the bill.

MOTION

On motion of Senator Regala, Senator Weinstein was excused.

      The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6445.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6445 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 4; Absent, 0; Excused, 1.

      Voting yea: Senators Benton, Berkey, Brandland, Brown, Carrell, Delvin, Eide, Fairley, Franklin, Fraser, Hargrove, Haugen, Hewitt, Hobbs, Holmquist, Honeyford, Jacobsen, Kastama, Kauffman, Keiser, Kilmer, King, Kline, Kohl-Welles, Marr, McAuliffe, McCaslin, McDermott, Morton, Murray, Oemig, Parlette, Pflug, Prentice, Pridemore, Rasmussen, Roach, Rockefeller, Shin, Spanel, Stevens, Swecker, Tom and Zarelli - 44

      Voting nay: Senators Hatfield, Regala, Schoesler and Sheldon - 4

      Excused: Senator Weinstein - 1

      SUBSTITUTE SENATE BILL NO. 6445, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

MOTION

On motion of Senator Brandland, Senators Benton, Carrell and Pflug were excused.

SECOND READING

      SENATE BILL NO. 6609, by Senators Fairley, Rasmussen, Haugen, Jacobsen, Marr, Shin and Roach

      Exempting specialty agricultural structures from building code requirements. Revised for 1st Substitute: Limiting the charge for permits for specialty agricultural buildings.

MOTIONS

      On motion of Senator Fairley, Substitute Senate Bill No. 6609 was substituted for Senate Bill No. 6609 and the substitute bill was placed on the second reading and read the second time.

      On motion of Senator Fairley, the rules were suspended, Substitute Senate Bill No. 6609 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senator Fairley spoke in favor of passage of the bill.

      The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6609.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6609 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

      Voting yea: Senators Benton, Berkey, Brandland, Brown, Delvin, Eide, Fairley, Franklin, Fraser, Hargrove, Hatfield, Haugen, Hewitt, Hobbs, Holmquist, Honeyford, Jacobsen, Kastama, Kauffman, Keiser, Kilmer, King, Kline, Kohl-Welles, Marr, McAuliffe, McCaslin, McDermott, Morton, Murray, Oemig, Parlette, Pflug, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Tom and Zarelli - 47

      Excused: Senators Carrell and Weinstein - 2

      SUBSTITUTE SENATE BILL NO. 6609, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SECOND READING

      SENATE BILL NO. 6297, by Senators Prentice, Brandland and Sheldon

      Changing prosecuting attorney salaries. Revised for 1st Substitute: Changing elected prosecuting attorney salaries.

MOTIONS

      On motion of Senator Prentice, Substitute Senate Bill No. 6297 was substituted for Senate Bill No. 6297 and the substitute bill was placed on the second reading and read the second time.

      On motion of Senator Prentice, the rules were suspended, Substitute Senate Bill No. 6297 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Prentice and Parlette spoke in favor of passage of the bill.

      The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6297.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6297 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

      Voting yea: Senators Benton, Berkey, Brandland, Brown, Carrell, Delvin, Eide, Fairley, Franklin, Fraser, Hargrove, Hatfield, Haugen, Hewitt, Hobbs, Holmquist, Honeyford, Jacobsen, Kastama, Kauffman, Keiser, Kilmer, King, Kline, Kohl-Welles, Marr, McAuliffe, McCaslin, McDermott, Morton, Murray, Oemig, Parlette, Pflug, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Tom and Zarelli - 48

      Excused: Senator Weinstein - 1

      SUBSTITUTE SENATE BILL NO. 6297, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

MOTION

On motion of Senator Oemig, Substitute Senate Bill No. 6818 was not substituted for Senate Bill No. 6618 and the substitute bill was not adopted.

SECOND READING

      SENATE BILL NO. 6818, by Senators Oemig, Brandland, Tom, Zarelli, Kastama, Weinstein, Kilmer, Keiser and Kohl-Welles

      Promoting transparency in state expenditures.

      The measure was read the second time.

MOTION

      On motion of Senator Oemig, the rules were suspended, Senate Bill No. 6818 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Oemig and Stevens spoke in favor of passage of the bill.

      The President declared the question before the Senate to be the final passage of Senate Bill No. 6818.

ROLL CALL

      The Secretary called the roll on the final passage of Senate Bill No. 6818 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

      Voting yea: Senators Benton, Berkey, Brandland, Brown, Carrell, Delvin, Eide, Fairley, Franklin, Fraser, Hargrove, Hatfield, Haugen, Hewitt, Hobbs, Holmquist, Honeyford, Jacobsen, Kastama, Kauffman, Keiser, Kilmer, King, Kline, Kohl-Welles, Marr, McAuliffe, McCaslin, McDermott, Morton, Murray, Oemig, Parlette, Pflug, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Tom and Zarelli - 48

      Excused: Senator Weinstein - 1

      SENATE BILL NO. 6818, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SECOND READING

      SENATE BILL NO. 6317, by Senators Berkey and Kline

      Requiring the payment of interest upon failure to pay death benefits that are payable under the terms of a group life insurance policy.

MOTIONS

      On motion of Senator Berkey, Substitute Senate Bill No. 6317 was substituted for Senate Bill No. 6317 and the substitute bill was placed on the second reading and read the second time.

      On motion of Senator Berkey, the rules were suspended, Substitute Senate Bill No. 6317 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Berkey and Benton spoke in favor of passage of the bill.

      The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 6317.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 6317 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

      Voting yea: Senators Benton, Berkey, Brandland, Brown, Carrell, Delvin, Eide, Fairley, Franklin, Fraser, Hargrove, Hatfield, Haugen, Hewitt, Hobbs, Holmquist, Honeyford, Jacobsen, Kastama, Kauffman, Keiser, Kilmer, King, Kline, Kohl-Welles, Marr, McAuliffe, McCaslin, McDermott, Morton, Murray, Oemig, Parlette, Pflug, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Tom and Zarelli - 48

      Excused: Senator Weinstein - 1

      SUBSTITUTE SENATE BILL NO. 6317, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

SECOND READING

      SENATE BILL NO. 6849, by Senators Oemig, Weinstein, Tom, Delvin, Shin, Kilmer, Schoesler and Kohl-Welles

      Regarding resident student classification.

      The measure was read the second time.

MOTION

      On motion of Senator Oemig, the rules were suspended, Senate Bill No. 6849 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Oemig and Shin spoke in favor of passage of the bill.

MOTION

On motion of Senator Brandland, Senator Benton was excused.

      The President declared the question before the Senate to be the final passage of Senate Bill No. 6849.

ROLL CALL

      The Secretary called the roll on the final passage of Senate Bill No. 6849 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 1; Absent, 0; Excused, 2.

      Voting yea: Senators Berkey, Brandland, Brown, Delvin, Eide, Fairley, Franklin, Fraser, Hargrove, Hatfield, Haugen, Hewitt, Hobbs, Holmquist, Honeyford, Jacobsen, Kastama, Kauffman, Keiser, Kilmer, King, Kline, Kohl-Welles, Marr, McAuliffe, McCaslin, McDermott, Morton, Murray, Oemig, Parlette, Pflug, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Tom and Zarelli - 46

      Voting nay: Senator Carrell - 1

      Excused: Senators Benton and Weinstein - 2

      SENATE BILL NO. 6849, having received the constitutional majority, was declared passed. There being no objection, the title of the bill was ordered to stand as the title of the act.

MOTION

      At 1:39 p.m., on motion of Senator Eide, the Senate adjourned until 10:00 a.m. Monday, February 18, 2008.

BRAD OWEN, President of the Senate

THOMAS HOEMANN, Secretary of the Senate