WHEREAS, Lynn D. "Buck" Compton served his nation with courage and valor in World War II, having joined the United States Army in early 1943, and receiving an assignment to the 2nd platoon of Easy Company, 2nd Battalion, 506th Parachute Infantry Regiment, 101st Airborne Division; and

      WHEREAS, His heroic actions in defense of our country were recounted in the book "Band of Brothers" by Stephen Ambrose and later visualized on the screen in the critically acclaimed television miniseries of the same name, produced by Tom Hanks and starring Neil McDonough as Second Lieutenant Compton; and

      WHEREAS, On June 6, 1944, as part of the Allied D-Day Invasion of Hitler's Fortress Europe, Airborne divisions dropped into Normandy, with Second Lieutenant Compton and other paratroopers from Easy Company parachuted behind enemy lines under perilous conditions; and

      WHEREAS, In the face of overwhelming opposition, Second Lieutenant Compton and other soldiers relied upon superior tactics in assaulting a German battery, disabling four 105mm guns and routing the enemy, for which Second Lieutenant Compton was awarded the Silver Star, and eventually promoted to First Lieutenant; and

      WHEREAS, In September 1944, First Lieutenant Compton served with American and British Allies in Operation Market Garden, in which First Lieutenant Compton was wounded; and

      WHEREAS, First Lieutenant Compton, awarded the Purple Heart, returned to his unit in time for the Battle of the Bulge, beginning in late 1944, and later left Easy Company for another assignment, having bravely served his country and the cause of liberty; and

      WHEREAS, Buck Compton returned to civilian life after World War II, married and raised two children, attended law school, successfully prosecuted Sirhan Sirhan for the murder of Robert F. Kennedy, and served twenty years as a judge on the California Court of Appeals following an appointment by Governor Ronald Reagan;

      NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate officially honor and thank Lynn D. "Buck" Compton for his accomplished and continuing life of sacrifice and dedicated service in the defense and betterment of a grateful nation.

      Senators Benton and Hobbs spoke in favor of adoption of the resolution.

      The President declared the question before the Senate to be the adoption of Senate Resolution No. 8646.

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

INTRODUCTION OF SPECIAL GUESTS

The President welcomed and introduced Bob Compton who was seated at the rostrum.

With permission of the Senate, business was suspended to allow Bob Compton to address the Senate.

REMARKS BY BOB COMPTON

      Bob Compton: “Thank you for this honor. I can’t tell you how much I appreciate it and how flattered I am by it but I can only tell you I accept it only as a representative of thousands of other guys who did more or as much as I did in the war. 'A Band of Brothers' have given us some publicity and popularity or whatever you want to call it. Probably far beyond what we deserve except that we hope that we represent madicom or microcosm of all the people who had fought in World War II and that’s what we always hold ourselves out to be so. The other thing what we, my buddies at least in the 101^st we spend a lot of time talking to the young soldiers of today and what we like to tell them is that we believe to a man that they're fighting a more dangerous enemy and a more difficult enemy than we ever fought against and they deserve our best support but we think it’s a war that has to be won, that has to be fought. On behalf of my former brothers of arms, again I thank you for this honor.”

MOTION

At 10:23 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 11:48 a.m. by President Owen.

MOTION

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

MESSAGE FROM THE HOUSE

March 5, 2007

MR. PRESIDENT:

The Speaker has signed:

      HOUSE BILL NO. 1025,

and the same is here transmitted.

RICHARD NAFZIGER, Chief Clerk

SIGNED BY THE PRESIDENT

The President signed:

      HOUSE BILL NO. 1025,

MESSAGE FROM THE HOUSE

March 6, 2007

MR. PRESIDENT:

The House has passed the following bills:

      SUBSTITUTE HOUSE BILL NO. 1032,

      SUBSTITUTE HOUSE BILL NO. 1397,

      HOUSE BILL NO. 1449,

      HOUSE BILL NO. 1543,

      SUBSTITUTE HOUSE BILL NO. 1561,

      HOUSE BILL NO. 1674,

      HOUSE BILL NO. 1722,

      SUBSTITUTE HOUSE BILL NO. 1777,

      SUBSTITUTE HOUSE BILL NO. 1848,

and the same are herewith transmitted.

RICHARD NAFZIGER, Chief Clerk

MESSAGE FROM THE HOUSE

March 6, 2007

MR. PRESIDENT:

The House has passed the following bills:

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1047,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1114,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1131,

      ENGROSSED HOUSE BILL NO. 1347,

and the same are herewith transmitted.

RICHARD NAFZIGER, Chief Clerk

MESSAGE FROM THE HOUSE

March 6, 2007

MR. PRESIDENT:

The House has passed the following bills:

      SECOND SUBSTITUTE HOUSE BILL NO. 1088,

      HOUSE BILL NO. 1416,

      SECOND SUBSTITUTE SENATE BILL NO. 5093,

and the same are herewith transmitted.

RICHARD NAFZIGER, Chief Clerk

SIGNED BY THE PRESIDENT

The President signed:

      SECOND SUBSTITUTE SENATE BILL NO. 5093,

MESSAGE FROM THE HOUSE

March 6, 2007

MR. PRESIDENT:

The House has passed the following bills:

      SUBSTITUTE HOUSE BILL NO. 1192,

      HOUSE BILL NO. 1230,

      SECOND SUBSTITUTE HOUSE BILL NO. 1242,

      SUBSTITUTE HOUSE BILL NO. 1259,

      SUBSTITUTE HOUSE BILL NO. 1312,

      HOUSE BILL NO. 1331,

      HOUSE BILL NO. 1343,

and the same are herewith transmitted.

RICHARD NAFZIGER, Chief Clerk

MESSAGE FROM THE HOUSE

March 6, 2007

MR. PRESIDENT:

The House has passed the following bills:

      SECOND SUBSTITUTE HOUSE BILL NO. 1201,

      SUBSTITUTE HOUSE BILL NO. 1244,

      SUBSTITUTE HOUSE BILL NO. 1287,

      SUBSTITUTE HOUSE BILL NO. 1333,

      SECOND SUBSTITUTE HOUSE BILL NO. 1334,

      SECOND SUBSTITUTE HOUSE BILL NO. 1716,

      SECOND SUBSTITUTE HOUSE BILL NO. 1922

and the same are herewith transmitted.

RICHARD NAFZIGER, Chief Clerk

MESSAGE FROM THE HOUSE

March 6, 2007

MR. PRESIDENT:

The House has passed the following bills:

      HOUSE BILL NO. 1311,

      HOUSE BILL NO. 1344,

      HOUSE BILL NO. 1447,

      HOUSE BILL NO. 1599,

      HOUSE BILL NO. 1940

      HOUSE BILL NO. 1972,

      HOUSE BILL NO. 2090,

      HOUSE BILL NO. 2119,

      HOUSE BILL NO. 2154,

      SUBSTITUTE HOUSE BILL NO. 2225,

      HOUSE BILL NO. 2281,

      HOUSE BILL NO. 2283,

      SUBSTITUTE HOUSE BILL NO. 2312,

and the same are herewith transmitted.

RICHARD NAFZIGER, Chief Clerk

MESSAGE FROM THE HOUSE

March 6, 2007

MR. PRESIDENT:

The House has passed the following bills:

      HOUSE BILL NO. 2319,

and the same is herewith transmitted.

RICHARD NAFZIGER, Chief Clerk

MOTION

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

SECOND READING

      SENATE BILL NO. 5090, by Senators Kastama, Shin, Franklin, Kilmer, Marr, Kauffman, Murray and Rasmussen

      Promoting innovation partnership zones.

MOTIONS

      On motion of Senator Kastama, Second Substitute Senate Bill No. 5090 was substituted for Senate Bill No. 5090 and the second substitute bill was placed on the second reading and read the second time.

      On motion of Senator Kastama, the rules were suspended, Second Substitute Senate Bill No. 5090 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senator Kastama spoke in favor of passage of the bill.

      The President declared the question before the Senate to be the final passage of Second Substitute Senate Bill No. 5090.

ROLL CALL

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

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

      Absent: Senator Hargrove - 1

      SECOND SUBSTITUTE SENATE BILL NO. 5090, 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. 5092, by Senators Marr, Brown, Kilmer, Kauffman, Murray, Shin and Rasmussen

      Revising provisions for contracts with associate development organizations for economic development services.

MOTIONS

      On motion of Senator Marr, Second Substitute Senate Bill No. 5092 was substituted for Senate Bill No. 5092 and the second substitute bill was placed on the second reading and read the second time.

      On motion of Senator Marr, the rules were suspended, Second Substitute Senate Bill No. 5092 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

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

      The President declared the question before the Senate to be the final passage of Second Substitute Senate Bill No. 5092.

ROLL CALL

      The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 5092 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, Clements, Delvin, Eide, Fairley, Franklin, Fraser, Hargrove, Hatfield, Haugen, Hewitt, Hobbs, Holmquist, Honeyford, Jacobsen, Kastama, Kauffman, Keiser, Kilmer, Kline, Kohl-Welles, Marr, McAuliffe, McCaslin, Morton, Murray, Oemig, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Tom, Weinstein and Zarelli - 49

      SECOND SUBSTITUTE SENATE BILL NO. 5092, 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 recessed until 1:30 p.m.

AFTERNOON SESSION

      The Senate was called to order at 1:30 p.m. by President Owen.

SECOND READING

      SENATE BILL NO. 5461, by Senators Morton, Jacobsen, Fraser, Hatfield, Hargrove, Benton, Sheldon and Rasmussen

      Improving forest health on state trust lands by continuing the use of contract harvesting for silvicultural treatments.

MOTION

      On motion of Senator Eide, Substitute Senate Bill No. 5461 was substituted for Senate Bill No. 5461 and the substitute bill was placed on the second reading and read the second time.

MOTION

On motion of Senator Marr, Senator Poulsen was excused.

MOTION

      On motion of Senator Eide, the rules were suspended, Substitute Senate Bill No. 5461 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Morton and Rockefeller spoke in favor of passage of the bill.

MOTION

On motion of Senator Brandland, Senators Carrell, McCaslin, Roach and Swecker were excused.

      The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 5461.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5461 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 2; Excused, 2.

      Voting yea: Senators Benton, Berkey, Brandland, Brown, Carrell, Clements, Delvin, Eide, Fairley, Franklin, Fraser, Hargrove, Haugen, Hewitt, Hobbs, Holmquist, Honeyford, Jacobsen, Kastama, Kauffman, Keiser, Kilmer, Kohl-Welles, Marr, McAuliffe, McCaslin, Morton, Murray, Oemig, Parlette, Pflug, Prentice, Pridemore, Rasmussen, Regala, Rockefeller, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Tom, Weinstein and Zarelli - 45

      Absent: Senators Hatfield and Kline - 2

      Excused: Senators Poulsen and Roach - 2

      SUBSTITUTE SENATE BILL NO. 5461, 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.

STATEMENT FOR THE JOURNAL

Senator Hatfield: It was my intention to vote "YEA" on the final passage of Substitute Senate Bill No. 5461.

SENATOR HATFIELD, 19th Legislative District

MOTION

At 1:39 p.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 1:55 p.m. by President Owen.

MOTION

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

MESSAGE FROM THE HOUSE

March 7, 2007

MR. PRESIDENT:

The Speaker has signed:

      SECOND SUBSTITUTE SENATE BILL NO. 5093,

and the same is herewith transmitted.

RICHARD NAFZIGER, Chief Clerk

MOTION

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

SECOND READING

      SENATE JOINT MEMORIAL NO. 8012, by Senators Brown, Hewitt, Franklin, Fraser, Oemig, Kline, Kilmer, Swecker, Hobbs, Hatfield, Marr, Spanel, Regala, Kohl-Welles, Berkey, Pridemore, Rasmussen, McAuliffe, Sheldon and Shin

      Requesting the Washington Air and Army National Guard not be federalized.

MOTIONS

      On motion of Senator Brown, Substitute Senate Joint Memorial No. 8012 was substituted for Senate Joint Memorial No. 8012 and the substitute bill was placed on the second reading and read the second time.

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

      Senators Brown and Zarelli spoke in favor of passage of the bill.

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

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Joint Memorial No. 8012 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 7; Absent, 0; Excused, 0.

      Voting yea: Senators Benton, Berkey, Brandland, Brown, Clements, Delvin, Eide, Fairley, Franklin, Fraser, Hargrove, Hatfield, Haugen, Hewitt, Hobbs, Jacobsen, Kastama, Kauffman, Keiser, Kilmer, Kline, Kohl-Welles, Marr, McAuliffe, McCaslin, Murray, Oemig, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Spanel, Swecker, Tom and Weinstein - 42

      Voting nay: Senators Carrell, Holmquist, Honeyford, Morton, Parlette, Stevens and Zarelli - 7

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

MOTION

On motion of Senator Regala, Senator Brown was excused.

SECOND READING

      SENATE BILL NO. 5199, by Senators Berkey, Prentice, Benton, Hobbs, Hatfield, Schoesler, Parlette, Franklin and Keiser

      Restricting small loan practices.

      The measure was read the second time.

MOTION

      On motion of Senator Berkey, the rules were suspended, Senate Bill No. 5199 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 Senate Bill No. 5199.

ROLL CALL

      The Secretary called the roll on the final passage of Senate Bill No. 5199 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

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

      Excused: Senator Brown - 1

      SENATE BILL NO. 5199, 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. 5171, by Senators Schoesler, Pridemore, Fairley, McAuliffe, Shin, Prentice, Sheldon, Franklin, Kline and Rasmussen

      Establishing contribution rates in the Washington state patrol retirement system.

MOTIONS

      On motion of Senator Schoesler, Substitute Senate Bill No. 5171 was substituted for Senate Bill No. 5171 and the substitute bill was placed on the second reading and read the second time.

      On motion of Senator Schoesler, the rules were suspended, Substitute Senate Bill No. 5171 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Schoesler and Haugen 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. 5171.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5171 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, Clements, Delvin, Eide, Fairley, Franklin, Fraser, Hargrove, Hatfield, Haugen, Hewitt, Hobbs, Holmquist, Honeyford, Jacobsen, Kastama, Kauffman, Keiser, Kilmer, Kline, Kohl-Welles, Marr, McAuliffe, McCaslin, Morton, Murray, Oemig, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Tom, Weinstein and Zarelli - 49

      SUBSTITUTE SENATE BILL NO. 5171, 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. 5264, by Senators Haugen and Swecker

      Authorizing the transportation commission to name or rename state transportation facilities.

      The measure was read the second time.

MOTION

      On motion of Senator Haugen, the rules were suspended, Senate Bill No. 5264 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senator Haugen 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. 5264.

ROLL CALL

      The Secretary called the roll on the final passage of Senate Bill No. 5264 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 4; Absent, 0; Excused, 0.

      Voting yea: Senators Benton, Berkey, Brandland, Brown, Carrell, Clements, Delvin, Eide, Fairley, Franklin, Fraser, Hatfield, Haugen, Hewitt, Hobbs, Holmquist, Jacobsen, Kastama, Kauffman, Keiser, Kilmer, Kline, Kohl-Welles, Marr, McAuliffe, McCaslin, Morton, Oemig, Parlette, Pflug, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Tom, Weinstein and Zarelli - 45

      Voting nay: Senators Hargrove, Honeyford, Murray and Poulsen - 4

      SENATE BILL NO. 5264, 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. 5351, by Senators Kline and Spanel

      Changing travel reimbursement provisions affecting judges of the court of appeals.

      The measure was read the second time.

MOTION

      On motion of Senator Kline, the rules were suspended, Senate Bill No. 5351 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senator Kline 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. 5351.

ROLL CALL

      The Secretary called the roll on the final passage of Senate Bill No. 5351 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, Clements, Delvin, Eide, Fairley, Franklin, Fraser, Hargrove, Hatfield, Haugen, Hewitt, Hobbs, Holmquist, Honeyford, Jacobsen, Kastama, Kauffman, Keiser, Kilmer, Kline, Kohl-Welles, Marr, McAuliffe, McCaslin, Morton, Murray, Oemig, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Tom, Weinstein and Zarelli - 49

      SENATE BILL NO. 5351, 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. 5385, by Senators Shin, Jacobsen, Schoesler, Rockefeller, Delvin, Tom and Kohl-Welles

      Providing the Washington higher education facilities authority the ability to originate and purchase educational loans and to issue student loan revenue bonds.

      The measure was read the second time.

MOTION

Senator Shin moved that the following amendment by Senator Shin be adopted.

      On page 11, beginning on line 5, strike all of section 18

      Senator Shin spoke in favor of adoption of the amendment.

The President declared the question before the Senate to be the adoption of the amendment by Senator Shin on page 11, line 5 to Senate Bill No. 5385.

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

MOTION

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

      On page 1, beginning on line 4 of the title, after "RCW;" strike the remainder of the title and insert "and creating new sections."

MOTION

      On motion of Senator Shin, the rules were suspended, Engrossed Senate Bill No. 5385 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senator Shin spoke in favor of passage of the bill.

MOTION

On motion of Senator Regala, Senator Rockefeller was excused.

      The President declared the question before the Senate to be the final passage of Engrossed Senate Bill No. 5385.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5385 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, Clements, Delvin, Eide, Fairley, Franklin, Fraser, Hargrove, Hatfield, Haugen, Hewitt, Hobbs, Holmquist, Honeyford, Jacobsen, Kastama, Kauffman, Keiser, Kilmer, Kline, Kohl-Welles, Marr, McAuliffe, McCaslin, Morton, Murray, Oemig, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Tom, Weinstein and Zarelli - 49

      ENGROSSED SENATE BILL NO. 5385, 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.

      Senator Franklin assumed the chair.

SECOND READING

      SENATE BILL NO. 5228, by Senators Kline, McCaslin and Weinstein

      Protecting indirect purchasers for injuries arising from state antitrust law violations. Revised for 1st Substitute: Revising provisions concerning actions under the consumer protection act.

MOTIONS

      On motion of Senator Kline, Substitute Senate Bill No. 5228 was substituted for Senate Bill No. 5228 and the substitute bill was placed on the second reading and read the second time.

      On motion of Senator Kline, the rules were suspended, Substitute Senate Bill No. 5228 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Kline and McCaslin spoke in favor of passage of the bill.

      The President Pro Tempore declared the question before the Senate to be the final passage of Substitute Senate Bill No. 5228.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5228 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 2; Absent, 0; Excused, 0.

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

      Voting nay: Senators Carrell and Stevens - 2

      SUBSTITUTE SENATE BILL NO. 5228, 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. 5260, by Senators Jacobsen and Morton

      Allowing the parks and recreation commission to deny or revoke the issuance of a park pass in certain circumstances.

      The measure was read the second time.

MOTION

      On motion of Senator Jacobsen, the rules were suspended, Senate Bill No. 5260 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Jacobsen and Morton spoke in favor of passage of the bill.

      The President Pro Tempore declared the question before the Senate to be the final passage of Senate Bill No. 5260.

ROLL CALL

      The Secretary called the roll on the final passage of Senate Bill No. 5260 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, Clements, Delvin, Eide, Fairley, Franklin, Fraser, Hargrove, Hatfield, Haugen, Hewitt, Hobbs, Holmquist, Honeyford, Jacobsen, Kastama, Kauffman, Keiser, Kilmer, Kline, Kohl-Welles, Marr, McAuliffe, McCaslin, Morton, Murray, Oemig, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Tom, Weinstein and Zarelli - 49

      SENATE BILL NO. 5260, 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. 5243, by Senators Brandland, Hargrove, McAuliffe, Stevens, Rasmussen, Shin and Roach

      Increasing the length of confinement for a parole violation committed by certain juvenile sex offenders.

MOTIONS

      On motion of Senator Brandland, Substitute Senate Bill No. 5243 was substituted for Senate Bill No. 5243 and the substitute bill was placed on the second reading and read the second time.

      On motion of Senator Brandland, the rules were suspended, Substitute Senate Bill No. 5243 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Brandland and Regala spoke in favor of passage of the bill.

MOTION

On motion of Senator Regala, Senator Rockefeller was excused.

      The President Pro Tempore declared the question before the Senate to be the final passage of Substitute Senate Bill No. 5243.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5243 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, Clements, Delvin, Eide, Fairley, Franklin, Fraser, Hargrove, Hatfield, Haugen, Hewitt, Hobbs, Holmquist, Honeyford, Jacobsen, Kastama, Kauffman, Keiser, Kilmer, Kline, Kohl-Welles, Marr, McAuliffe, McCaslin, Morton, Murray, Oemig, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Tom, Weinstein and Zarelli - 48

      Excused: Senator Rockefeller - 1

      SUBSTITUTE SENATE BILL NO. 5243, 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 2:51 p.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 3:44 p.m. by President Owen.

SECOND READING

      SENATE BILL NO. 5483, by Senators Kauffman, Holmquist, Haugen, Clements, Rasmussen and Shin

      Retaining the distribution of city hardship assistance program funds to cities and towns for street maintenance.

MOTIONS

      On motion of Senator Kauffman, Substitute Senate Bill No. 5483 was substituted for Senate Bill No. 5483 and the substitute bill was placed on the second reading and read the second time.

      On motion of Senator Kauffman, the rules were suspended, Substitute Senate Bill No. 5483 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senator Kauffman spoke in favor of passage of the bill.

MOTION

On motion of Senator Regala, Senator Brown was excused.

      The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 5483.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5483 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 1; Absent, 2; Excused, 0.

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

      Voting nay: Senator Benton - 1

      Absent: Senators Haugen and Swecker - 2

      SUBSTITUTE SENATE BILL NO. 5483, 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. 5463, by Senators Jacobsen, Rockefeller, Morton, Shin and Rasmussen

      Modifying forest fire protection assessments.

MOTIONS

      On motion of Senator Jacobsen, Substitute Senate Bill No. 5463 was substituted for Senate Bill No. 5463 and the substitute bill was placed on the second reading and read the second time.

      On motion of Senator Jacobsen, the rules were suspended, Substitute Senate Bill No. 5463 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Jacobsen and Morton spoke in favor of passage of the bill.

MOTION

On motion of Senator Delvin, Senator Swecker was excused.

MOTION

On motion of Senator Regala, Senator Haugen was excused.

      The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 5463.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5463 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 1; Absent, 0; Excused, 2.

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

      Voting nay: Senator Honeyford - 1

      Excused: Senators Haugen and Swecker - 2

      SUBSTITUTE SENATE BILL NO. 5463, 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. 5468, by Senators Oemig, Zarelli, Regala and Schoesler

      Regarding the administration of tax programs administered by the department of revenue.

      The measure was read the second time.

MOTION

      On motion of Senator Oemig, the rules were suspended, Senate Bill No. 5468 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senator Oemig 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. 5468.

ROLL CALL

      The Secretary called the roll on the final passage of Senate Bill No. 5468 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, Carrell, Clements, Delvin, Eide, Fairley, Franklin, Fraser, Hargrove, Hatfield, Hewitt, Hobbs, Holmquist, Honeyford, Jacobsen, Kastama, Kauffman, Keiser, Kilmer, Kline, Kohl-Welles, Marr, McAuliffe, McCaslin, Morton, Murray, Oemig, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Spanel, Stevens, Tom, Weinstein and Zarelli - 47

      Excused: Senators Haugen and Swecker - 2

      SENATE BILL NO. 5468, 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. 5475, by Senators Poulsen, Honeyford, Regala and Kohl-Welles

      Modifying provisions affecting underground storage tanks.

MOTIONS

      On motion of Senator Poulsen, Substitute Senate Bill No. 5475 was substituted for Senate Bill No. 5475 and the substitute bill was placed on the second reading and read the second time.

      On motion of Senator Poulsen, the rules were suspended, Substitute Senate Bill No. 5475 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Poulsen and Jacobsen spoke in favor of passage of the bill.

MOTION

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

      The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 5475.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5475 and the bill passed the Senate by the following vote: Yeas, 37; Nays, 8; Absent, 0; Excused, 4.

      Voting yea: Senators Berkey, Brandland, Brown, Clements, Eide, Fairley, Franklin, Fraser, Hargrove, Hatfield, Hobbs, Jacobsen, Kastama, Kauffman, Keiser, Kilmer, Kline, Kohl-Welles, Marr, McAuliffe, Murray, Oemig, Parlette, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Sheldon, Shin, Spanel, Stevens, Tom, Weinstein and Zarelli - 37

      Voting nay: Senators Benton, Delvin, Hewitt, Holmquist, Honeyford, McCaslin, Morton and Schoesler - 8

      Excused: Senators Carrell, Haugen, Pflug and Swecker - 4

      SUBSTITUTE SENATE BILL NO. 5475, 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. 5635, by Senators Brandland, Kline and Delvin

      Revising provisions relating to limitations on polygraph tests.

      The measure was read the second time.

MOTION

      On motion of Senator Brandland, the rules were suspended, Senate Bill No. 5635 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Brandland and Kline 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. 5635.

ROLL CALL

      The Secretary called the roll on the final passage of Senate Bill No. 5635 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, Clements, Delvin, Eide, Fairley, Franklin, Fraser, Hargrove, Hatfield, Haugen, Hewitt, Hobbs, Holmquist, Honeyford, Jacobsen, Kastama, Kauffman, Keiser, Kilmer, Kline, Kohl-Welles, Marr, McAuliffe, McCaslin, Morton, Murray, Oemig, Parlette, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Tom, Weinstein and Zarelli - 47

      Excused: Senators Carrell and Pflug - 2

      SENATE BILL NO. 5635, 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. 5715, by Senators Benton, Berkey, Hobbs, Prentice, Hatfield, Franklin and Shin

      Concerning persons selling, soliciting, or negotiating insurance.

MOTIONS

      On motion of Senator Benton, Substitute Senate Bill No. 5715 was substituted for Senate Bill No. 5715 and the substitute bill was placed on the second reading and read the second time.

      On motion of Senator Benton, the rules were suspended, Substitute Senate Bill No. 5715 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Benton and Berkey 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. 5715.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5715 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 1; Excused, 2.

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

      Absent: Senator Kline - 1

      Excused: Senators Carrell and Pflug - 2

      SUBSTITUTE SENATE BILL NO. 5715, 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. 5717, by Senators Berkey, Hobbs, Prentice, Hatfield and Franklin

      Establishing a program of market conduct oversight within the office of the insurance commissioner.

MOTION

      On motion of Senator Berkey, Substitute Senate Bill No. 5717 was substituted for Senate Bill No. 5717 and the substitute bill was placed on the second reading and read the second time.

MOTION

Senator Berkey moved that the following amendment by Senators Berkey and Benton be adopted.

      On page 22, beginning on line 24, after "(11)" strike all material through "(12)))" on line 37, and insert "Data filed under RCW 48.140.020, 48.140.030, 48.140.050, and 7.70.140 that, alone or in combination with any other data, may reveal the identity of a claimant, health care provider, health care facility, insuring entity, or self-insurer involved in a particular claim or a collection of claims. For the purposes of this subsection:

      (a) "Claimant" has the same meaning as in RCW 48.140.010(2).

      (b) "Health care facility" has the same meaning as in RCW 48.140.010(6).

      (c) "Health care provider" has the same meaning as in RCW 48.140.010(7).

      (d) "Insuring entity" has the same meaning as in RCW 48.140.010(8).

      (e) "Self-insurer" has the same meaning as in RCW 48.140.010(11); and

      (12)"

      On page 22, line 38, after "under" strike "((RCW 48.135.060)) section 8 of this act" and insert "RCW 48.135.060"

      On page 22, after line 38, insert the following:

"(13) Documents, materials, or information obtained by the insurance commissioner under section 8 of this act;"

      On page 23, line 1, strike "(12)" and insert "(14)"

      On page 23, line 4, strike "(13)" and insert "(15)"

      Senator Berkey 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 Berkey and Benton on page 22, line 24 to Substitute Senate Bill No. 5717.

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

MOTION

      On motion of Senator Berkey, the rules were suspended, Engrossed Substitute Senate Bill No. 5717 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 Engrossed Substitute Senate Bill No. 5717.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5717 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, Clements, Delvin, Eide, Fairley, Franklin, Fraser, Hargrove, Hatfield, Haugen, Hewitt, Hobbs, Holmquist, Honeyford, Jacobsen, Kastama, Kauffman, Keiser, Kilmer, Kline, Kohl-Welles, Marr, McAuliffe, McCaslin, Morton, Murray, Oemig, Parlette, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Tom, Weinstein and Zarelli - 47

      Excused: Senators Carrell and Pflug - 2

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5717, 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. 5036, by Senators Eide, Weinstein, Brown, Rockefeller, Regala, Fraser, Murray, Berkey, Kauffman, Jacobsen, Keiser, Haugen, Rasmussen, Shin, Tom and Kohl-Welles

      Repealing the application of the sunset act to the intermediate driver's license program.

      The measure was read the second time.

MOTION

      On motion of Senator Eide, the rules were suspended, Senate Bill No. 5036 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senator Eide 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. 5036.

ROLL CALL

      The Secretary called the roll on the final passage of Senate Bill No. 5036 and the bill passed the Senate by the following vote: Yeas, 37; Nays, 10; Absent, 0; Excused, 2.

      Voting yea: Senators Benton, Berkey, Brandland, Brown, Clements, Eide, Fairley, Franklin, Fraser, Hatfield, Haugen, Hobbs, Jacobsen, Kastama, Kauffman, Keiser, Kilmer, Kline, Kohl-Welles, Marr, McAuliffe, McCaslin, Murray, Oemig, Parlette, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Shin, Spanel, Swecker, Tom and Weinstein - 37

      Voting nay: Senators Delvin, Hargrove, Hewitt, Holmquist, Honeyford, Morton, Schoesler, Sheldon, Stevens and Zarelli - 10

      Excused: Senators Carrell and Pflug - 2

      SENATE BILL NO. 5036, 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. 5086, by Senators Haugen, Swecker and Murray

      Increasing the population threshold for state highway maintenance responsibility in cities and towns.

      The measure was read the second time.

MOTION

      On motion of Senator Murray, the rules were suspended, Senate Bill No. 5086 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.

MOTION

On motion of Senator Regala, Senators Brown and Poulsen were excused.

      The President declared the question before the Senate to be the final passage of Senate Bill No. 5086.

ROLL CALL

      The Secretary called the roll on the final passage of Senate Bill No. 5086 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 1; Absent, 0; Excused, 3.

      Voting yea: Senators Benton, Berkey, Brandland, Brown, Clements, Delvin, Eide, Fairley, Franklin, Fraser, Hargrove, Hatfield, Haugen, Hewitt, Hobbs, Holmquist, Honeyford, Jacobsen, Kastama, Kauffman, Keiser, Kilmer, Kline, Kohl-Welles, Marr, McAuliffe, McCaslin, Murray, Oemig, Parlette, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Tom, Weinstein and Zarelli - 45

      Voting nay: Senator Morton - 1

      Excused: Senators Carrell, Pflug and Poulsen - 3

      SENATE BILL NO. 5086, 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. 5384, by Senators Fraser, Shin, Brandland, Delvin, Murray, Tom and Kohl-Welles

      Expanding the University of Washington's and Washington State University's local borrowing authority.

      The measure was read the second time.

MOTION

      On motion of Senator Fraser, the rules were suspended, Senate Bill No. 5384 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senator Fraser 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. 5384.

ROLL CALL

      The Secretary called the roll on the final passage of Senate Bill No. 5384 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

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

      Excused: Senators Carrell, Pflug and Poulsen - 3

      SENATE BILL NO. 5384, 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. 5957, by Senator Kohl-Welles

      Revising provisions relating to administrative practices concerning the information processing and communications systems of the legislature overseen by the joint legislative systems committee.

      The measure was read the second time.

MOTION

      On motion of Senator Kohl-Welles, the rules were suspended, Senate Bill No. 5957 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senator Kohl-Welles 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. 5957.

ROLL CALL

      The Secretary called the roll on the final passage of Senate Bill No. 5957 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, Carrell, Clements, Delvin, Eide, Fairley, Franklin, Fraser, Hargrove, Hatfield, Haugen, Hewitt, Hobbs, Holmquist, Honeyford, Jacobsen, Kastama, Kauffman, Keiser, Kilmer, Kline, Kohl-Welles, Marr, McAuliffe, McCaslin, Morton, Murray, Oemig, Parlette, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Tom, Weinstein and Zarelli - 47

      Excused: Senators Pflug and Poulsen - 2

      SENATE BILL NO. 5957, 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. 5405, by Senators Carrell, Kline and McCaslin

      Providing procedures for judicial orders concerning distraint of personal property.

MOTIONS

      On motion of Senator Carrell, Substitute Senate Bill No. 5405 was substituted for Senate Bill No. 5405 and the substitute bill was placed on the second reading and read the second time.

      On motion of Senator Carrell, the rules were suspended, Substitute Senate Bill No. 5405 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senator Carrell spoke in favor of passage of the bill.

MOTION

On motion of Senator Regala, Senator Brown was excused.

      The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 5405.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5405 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

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

      Excused: Senators Brown and Poulsen - 2

      SUBSTITUTE SENATE BILL NO. 5405, 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. 5401, by Senators Rasmussen, Swecker, Shin, Schoesler and Hatfield

      Licensing Christmas tree growers.

      The measure was read the second time.

MOTION

Senator Rasmussen moved that the following amendment by Senators Rasmussen, Brandland and Hargrove be adopted.

      On page 5, after line 18, strike all material through "section." on line 21, and insert the following:

      "(1) Any Christmas tree grower owning Christmas trees, whose business consists solely of retail sales to the ultimate consumer, is exempt from the requirements of this section if:

      (a) The grower has less than one acre of Christmas trees; or

      (b) The grower harvests, by u-cut or otherwise, fewer than four hundred Christmas trees per year."

      Senator Rasmussen 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 Rasmussen, Brandland and Hargrove on page 5, line 18 to Senate Bill No. 5401.

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

MOTION

      On motion of Senator Rasmussen, the rules were suspended, Engrossed Senate Bill No. 5401 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Rasmussen and Brandland spoke in favor of passage of the bill.

MOTION

On motion of Senator Brandland, Senator Carrell was excused.

      The President declared the question before the Senate to be the final passage of Engrossed Senate Bill No. 5401.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5401 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 1; Absent, 0; Excused, 3.

      Voting yea: Senators Benton, Berkey, Brandland, Clements, Delvin, Eide, Fairley, Franklin, Fraser, Hargrove, Hatfield, Haugen, Hewitt, Hobbs, Honeyford, Jacobsen, Kastama, Kauffman, Keiser, Kilmer, Kline, Kohl-Welles, Marr, McAuliffe, McCaslin, Morton, Murray, Oemig, Parlette, Pflug, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Spanel, Stevens, Swecker, Tom, Weinstein and Zarelli - 45

      Voting nay: Senator Holmquist - 1

      Excused: Senators Brown, Carrell and Poulsen - 3

      ENGROSSED SENATE BILL NO. 5401, 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 Benton: “We’re at a lull. We’re passing out amendments. Can you tell me why this? Are we at ease? Is the Senate at ease?"

REPLY BY THE PRESIDENT

President Owen: “We’re at the 'mill around.' What we are is, we’re just waiting for the amendments to get passed out so we can start the next bill Senator.”

PARLIAMENTARY INQUIRY

Senator Benton: “And that bill would be?”

REPLY BY THE PRESIDENT

President Owen: “As far as I know, that bill is Senate Bill No. 5297.”

PERSONAL PRIVILEGE

Senator Benton: “My point of personal privilege is that, it is my opinion, while we’re milling around waiting for all these amendments to come out, that the bill that we’re about to vote on will be one of the most significant bill this Senate will vote on affecting parents rights. I wanted to alert members of the floor and members of the-----”

POINT OF ORDER

Senator Brown: “Mr. President, I would ask you to consider whether or not the Senator’s remarks truly constitute a point of personal privilege or are rather remarks to a piece of legislation that is about to come before the body.”

REPLY BY THE PRESIDENT

President Owen: “Senator Benton, I do believe, that as you look at the rules on points of personal privilege, that you are exceeding the point of personal privilege, that your remarks will be more pertinent to the bill itself.”

PARLIAMENTARY INQUIRY

Senator Benton: “Thank you Mr. President, I appreciate your comments and I will speak to the bill when we get into debate on the bill. I just wanted to make sure that we’re actually moving in that direction and wanted to alert folks to be ready for that. Thank you.”

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 March 7, 2007.”

      Senator Schoesler spoke against the motion.

      Benton spoke against the motion.

POINT OF ORDER

Senator Brown: “I would ask the President to consider whether or not the Senator is impugning the motives by referring to arrogance of the members on this side of the aisle.”

REPLY BY THE PRESIDENT

President Owen: “The President would remind members that in any debate you are to speak to the issue at hand and without making comments to other members about other members.”

MOTION

      Senator Brown demanded that the previous question be put.

      The President declared that at least two additional senators joined the demand and the demand was sustained.

      The President declared the question before the Senate to be the motion of Senator Brown, “Shall the main question be now put?”

      The motion by Senator Brown that the previous question be put was sustained by voice vote.

      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 March 7, 2007.

PERSONAL PRIVILEGE

Senator McCaslin: “If we’re going to get into sex we senior citizens need more than three minutes.”

PERSONAL PRIVILEGE

Senator Rockefeller: “Senator McCaslin, I object.”

SECOND READING

      SENATE BILL NO. 5297, by Senators Haugen, Tom, Prentice, Keiser, Pridemore, Murray, Regala, Fraser, Kilmer, Rockefeller, McAuliffe, Shin, Weinstein, Kline, Marr, Kohl-Welles and Oemig

      Regarding providing medically and scientifically accurate sexual health education in schools.

MOTION

      On motion of Senator Eide, Substitute Senate Bill No. 5297 was substituted for Senate Bill No. 5297 and the substitute bill was placed on the second reading and read the second time.

MOTION

      Senator Haugen moved that the following striking amendment by Senators Haugen, McAuliffe and Brown be adopted:

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. (1) The legislature finds that young people should have the knowledge and skills necessary to build healthy relationships, and to protect themselves from unintended pregnancy and sexually transmitted diseases, including HIV infection. The primary responsibility for sexual health education is with parents and guardians. However, this responsibility also extends to schools and other community groups. It is in the public's best interest to ensure that young people are equipped with medically and scientifically accurate, age-appropriate information that will help them avoid unintended pregnancies, remain free of sexually transmitted diseases, and make informed, responsible decisions throughout their lives.

      (2) The legislature intends to support and advance the standards established in the January 2005 guidelines for sexual health information and disease prevention developed by the office of the superintendent of public instruction and the department of health. These guidelines are a fundamental tool to help school districts, teachers, guest speakers, health and counseling providers, community groups, parents, and guardians choose, develop, and evaluate sexual health curricula to better meet the health and safety needs of adolescents and young adults in their communities.

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

      (1) By September 1, 2008, every public school that offers sexual health education must assure that sexual health education is medically and scientifically accurate, age-appropriate, appropriate for students regardless of gender, race, disability status, or sexual orientation, and includes information about abstinence and other methods of preventing unintended pregnancy and sexually transmitted diseases. All sexual health information, instruction, and materials must be medically and scientifically accurate. Abstinence may not be taught to the exclusion of other materials and instruction on contraceptives and disease prevention. Sexual health education must be consistent with the January 2005 guidelines for sexual health information and disease prevention developed by the department of health and the office of the superintendent of public instruction.

      (2) As used in this act, "medically and scientifically accurate" means information that is verified or supported by research in compliance with scientific methods, is published in peer-review journals, where appropriate, and is recognized as accurate and objective by professional organizations and agencies with expertise in the field of sexual health including but not limited to the American college of obstetricians and gynecologists, the Washington state department of health, and the federal centers for disease control and prevention.

      (3) The superintendent of public instruction and the department of health shall make the January 2005 guidelines for sexual health information and disease prevention available to school districts, teachers, and guest speakers on their web sites. Within available resources, the superintendent of public instruction and the department of health shall make any related information, model policies, curricula, or other resources available as well.

      (4) The superintendent of public instruction, in consultation with the department of health, shall develop a list of sexual health education curricula that are consistent with the 2005 guidelines for sexual health information and disease prevention. This list shall be intended to serve as a resource for schools, teachers, or any other organization or community group, and shall be updated no less frequently than annually and made available on the web sites of the office of the superintendent of public instruction and the department of health.

      (5) Public schools that offer sexual health education are encouraged to review their sexual health curricula and choose a curriculum from the list developed under subsection (4) of this section. Any public school that offers sexual health education may identify, choose, or develop any other curriculum, if the curriculum chosen or developed complies with the requirements of this section.

      (6) Any parent or legal guardian who wishes to have his or her child excused from any planned instruction in sexual health education may do so upon filing a written request with the school district board of directors or its designee, or the principal of the school his or her child attends, or the principal's designee. In addition, any parent or legal guardian may review the sexual health education curriculum offered in his or her child's school by filing a written request with the school district board of directors, the principal of the school his or her child attends, or the principal's designee.

      (7) The office of the superintendent of public instruction shall, through its Washington state school health profiles survey or other existing reporting mechanism, ask public schools to identify any curricula used to provide sexual health education, and shall report the results of this inquiry to the legislature on a biennial basis, beginning with the 2008-09 school year.

      (8) The requirement to report harassment, intimidation, or bullying under RCW 28A.600.480(2) applies to this section.

      NEW SECTION. Sec. 3. This act may be known and cited as the healthy youth act."

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

MOTION

Senator Rasmussen moved that the following amendment by Senators Rasmussen, Clements and Shin to the striking amendment be adopted:

      On page 1, line 26 of the amendment, after "education" strike "must" and insert "may"

      On page 2, line 2 of the amendment, after "materials" strike "must" and insert "should"

      On page 2, line 3 of the amendment, after "may" strike "not"

      On page 2, line 5 of the amendment, after "education" strike "must be consistent" and insert "should be as consistent as practicable"

      Senators Rasmussen, Holmquist, Roach, Pflug, Sheldon, Zarelli and Benton spoke in favor of adoption of the amendment to the striking amendment.

      Senators McAuliffe and Keiser spoke against adoption of the amendment to the striking amendment.

Senator Schoesler demanded a roll call.

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

MOTION

      Senator Jacobsen demanded that the previous question be put.

      The President declared that at least two additional senators joined the demand and the demand was sustained.

      The President declared the question before the Senate to be the motion of Senator Jacobsen, “Shall the main question be now put?”

      The motion by Senator Jacobsen that the previous question be put was carried by voice vote.

The President declared the question before the Senate to be the adoption of the amendment by Senators Rasmussen, Clements and Shin on page 1, line 26 and page 2, line 2, to the striking amendment to Substitute Senate Bill No. 5297.

ROLL CALL

      The Secretary called the roll on the amendment by Senators Rasmussen, Clements and Shin to the striking amendment and the amendment was not adopted by the following vote: Yeas, 22; Nays, 27; Absent, 0; Excused, 0.

      Voting yea: Senators Benton, Brandland, Carrell, Clements, Delvin, Hargrove, Hewitt, Holmquist, Honeyford, Kastama, McCaslin, Morton, Parlette, Pflug, Rasmussen, Roach, Schoesler, Sheldon, Shin, Stevens, Swecker and Zarelli - 22

      Voting nay: Senators Berkey, Brown, Eide, Fairley, Franklin, Fraser, Hatfield, Haugen, Hobbs, Jacobsen, Kauffman, Keiser, Kilmer, Kline, Kohl-Welles, Marr, McAuliffe, Murray, Oemig, Poulsen, Prentice, Pridemore, Regala, Rockefeller, Spanel, Tom and Weinstein - 27

MOTION

Senator Zarelli moved that the following amendment by Senator Zarelli to the striking amendment be adopted.

      On page 2, line 5, after "prevention." insert "Every public school that offers comprehensive sexual health education shall offer both abstinence education and comprehensive sexual health programs. Each program may be taught as separate units and may or may not be taught in separate blocks of time."

      Renumber the sections consecutively and correct any internal references accordingly.

      Senators Zarelli, Holmquist, Roach, Parlette and Benton spoke in favor of adoption of the amendment to the striking amendment.

      Senators Haugen and Brown spoke against adoption of the amendment to the striking amendment.

      Senator Schoesler demanded a roll call.

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

MOTION

      Senator Jacobsen demanded that the previous question be put.

      The President declared that at least two additional senators joined the demand and the demand was sustained.

      The President declared the question before the Senate to be the motion of Senator Jacobsen, “Shall the main question be now put?”

      The motion by Senator Jacobsen that the previous question be put was carried by voice vote.

      Senator Zarelli again spoke in favor of the amendment to the striking amendment.

The President declared the question before the Senate to be the adoption of the amendment by Senator Zarelli on page 2, line 5 to the striking amendment to Substitute Senate Bill No. 5297.

ROLL CALL

      The Secretary called the roll on the adoption of the amendment by Senator Zarelli to the striking amendment and the amendment was not adopted by the following vote: Yeas, 23; Nays, 26; Absent, 0; Excused, 0.

      Voting yea: Senators Benton, Brandland, Carrell, Clements, Delvin, Hargrove, Hewitt, Hobbs, Holmquist, Honeyford, Kastama, McCaslin, Morton, Parlette, Pflug, Rasmussen, Roach, Schoesler, Sheldon, Shin, Stevens, Swecker and Zarelli - 23

      Voting nay: Senators Berkey, Brown, Eide, Fairley, Franklin, Fraser, Hatfield, Haugen, Jacobsen, Kauffman, Keiser, Kilmer, Kline, Kohl-Welles, Marr, McAuliffe, Murray, Oemig, Poulsen, Prentice, Pridemore, Regala, Rockefeller, Spanel, Tom and Weinstein - 26

MOTION

Senator Hobbs moved that the following amendment by Senator Hobbs and others to the striking amendment be adopted.

      On page 2, line 5 of the amendment, after "prevention." insert "A school may choose to use separate, outside speakers or prepared curriculum to teach different content areas or units within the comprehensive sexual health program as long as all speakers, curriculum, and materials used are in compliance with this section."

      Senators Hobbs, Kastama, Roach and Franklin spoke in favor of adoption of the amendment to the striking amendment.

      Senators Holmquist, Shin, Zarelli and Haugen spoke against adoption of the amendment to the striking amendment.

The President declared the question before the Senate to be the adoption of the amendment by Senator Hobbs and others on page 2, line 5 to the striking amendment to Substitute Senate Bill No. 5297.

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

WITHDRAWAL OF AMENDMENT

On motion of Senator Kastama, the amendment by Senators Kastama, Rasmussen and Shin on page 2, line 5 to the striking amendment to Substitute Senate Bill No. 5297 was withdrawn.

MOTION

Senator Holmquist moved that the following amendment by Senators Kastama, Rasmussen and Shin to the striking amendment be adopted.

      On page 2, line 5 of the amendment, after "education" strike "must" and insert "may"

      Senators Holmquist and Rasmussen spoke in favor of adoption of the amendment to the striking amendment.

POINT OF ORDER

Senator McAuliffe: “I object to talking about bureaucrats creating a guidelines. I think that is an accusation and not necessary on the Senate floor.”

REPLY BY THE PRESIDENT

President Owen: “Senator McAuliffe, her remarks to that is not inconsistent with your rules. She may speak in that fashion if she wishes. Senator Holmquist.”

      Senator Holmquist 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 amendment by Senators Kastama, Rasmussen and Shin on page 2, line 5 to the striking amendment to Senate Bill No. 5297.

ROLL CALL

      The Secretary called the roll on the adoption of the amendment by Senators Kastama, Rasmussen and Shin to the striking amendment and the amendment was not adopted by the following vote: Yeas, 21; Nays, 27; Absent, 1; Excused, 0.

      Voting yea: Senators Benton, Brandland, Carrell, Clements, Delvin, Hargrove, Hewitt, Holmquist, Honeyford, Kastama, McCaslin, Morton, Parlette, Pflug, Rasmussen, Roach, Schoesler, Sheldon, Stevens, Swecker and Zarelli - 21

      Voting nay: Senators Berkey, Brown, Eide, Fairley, Franklin, Fraser, Hatfield, Haugen, Hobbs, Jacobsen, Kauffman, Keiser, Kilmer, Kline, Kohl-Welles, Marr, McAuliffe, Murray, Oemig, Poulsen, Prentice, Pridemore, Regala, Rockefeller, Spanel, Tom and Weinstein - 27

      Absent: Senator Shin - 1

MOTION

Senator Zarelli moved that the following amendment by Senator Zarelli to the striking amendment be adopted.

      On page 2, line 5, after "prevention." insert "Every public school that offers comprehensive sexual health education shall offer both abstinence education and comprehensive sexual health programs. Each program may be taught as a separate unit provided that each unit receives equal time."

      Renumber the sections consecutively and correct any internal references accordingly.

      Senators Zarelli, Holmquist, Rockefeller, Parlette and Benton spoke in favor of adoption of the amendment to the striking amendment.

      Senators Haugen and McAuliffe spoke against adoption of the amendment to the striking amendment.

      Senator Schoesler 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 amendment by Senator Zarelli on page 2, line 5 to the striking amendment to Substitute Senate Bill No. 5297.

ROLL CALL

      The Secretary called the roll on the adoption of the amendment by Senator Zarelli to the striking amendment and the amendment was not adopted by the following vote: Yeas, 22; Nays, 27; Absent, 0; Excused, 0.

      Voting yea: Senators Benton, Brandland, Carrell, Clements, Delvin, Hargrove, Hewitt, Holmquist, Honeyford, McCaslin, Morton, Parlette, Pflug, Rasmussen, Roach, Rockefeller, Schoesler, Sheldon, Shin, Stevens, Swecker and Zarelli - 22

      Voting nay: Senators Berkey, Brown, Eide, Fairley, Franklin, Fraser, Hatfield, Haugen, Hobbs, Jacobsen, Kastama, Kauffman, Keiser, Kilmer, Kline, Kohl-Welles, Marr, McAuliffe, Murray, Oemig, Poulsen, Prentice, Pridemore, Regala, Spanel, Tom and Weinstein - 27

MOTION

Senator Pflug moved that the following amendment by Senator Pflug to the striking amendment be adopted.

      On page 2, line 10 after "supported by", strike all material through "health," on line 16, and insert "statistically significant research in compliance with scientific methods, and is recognized as accurate and objective by medical textbooks, by the American college of obstetricians and gynecologists,"

      Renumber the sections consecutively and correct any internal references accordingly.

      Senators Pflug and Carrell spoke in favor of adoption of the amendment to the striking amendment.

      Senator Franklin spoke against adoption of the amendment to the striking amendment.

      Senator Schoesler 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 amendment by Senator Pflug on page 2, line 10 to the striking amendment to Substitute Senate Bill No. 5297.

ROLL CALL

      The Secretary called the roll on the adoption of the amendment by Senator Pflug to the striking amendment and the amendment to was not adopted by the following vote: Yeas, 20; Nays, 29; Absent, 0; Excused, 0.

      Voting yea: Senators Benton, Brandland, Carrell, Clements, Delvin, Hargrove, Hewitt, Holmquist, Honeyford, McCaslin, Morton, Parlette, Pflug, Rasmussen, Roach, Schoesler, Sheldon, Stevens, Swecker and Zarelli - 20

      Voting nay: Senators Berkey, Brown, Eide, Fairley, Franklin, Fraser, Hatfield, Haugen, Hobbs, Jacobsen, Kastama, Kauffman, Keiser, Kilmer, Kline, Kohl-Welles, Marr, McAuliffe, Murray, Oemig, Poulsen, Prentice, Pridemore, Regala, Rockefeller, Shin, Spanel, Tom and Weinstein - 29

MOTION

Senator Zarelli moved that the following amendment by Senator Zarelli to the striking amendment be adopted.

      On page 3, line 2, after "complies with" strike "the requirements of this section" and insert "information about abstinence or other materials and instruction on contraceptives and disease prevention"

      Renumber the sections consecutively and correct any internal references accordingly.

      Senator Zarelli spoke in favor of adoption of the amendment to the striking amendment.

      Senator Schoesler demanded a roll call.

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

      Senator Haugen spoke against adoption of the amendment to the striking amendment.

      Senator Holmquist spoke in favor of adoption of the amendment to the striking amendment.

The President declared the question before the Senate to be the adoption of the amendment by Senator Zarelli on page 3, line 2 to the striking amendment to Substitute Senate Bill No. 5297.

ROLL CALL

      The Secretary called the roll on the adoption of the amendment by Senator Zarelli to the striking amendment and the amendment was not adopted by the following vote: Yeas, 21; Nays, 28; Absent, 0; Excused, 0.

      Voting yea: Senators Benton, Brandland, Carrell, Clements, Delvin, Hargrove, Hewitt, Holmquist, Honeyford, McCaslin, Morton, Parlette, Pflug, Rasmussen, Roach, Schoesler, Sheldon, Shin, Stevens, Swecker and Zarelli - 21

      Voting nay: Senators Berkey, Brown, Eide, Fairley, Franklin, Fraser, Hatfield, Haugen, Hobbs, Jacobsen, Kastama, Kauffman, Keiser, Kilmer, Kline, Kohl-Welles, Marr, McAuliffe, Murray, Oemig, Poulsen, Prentice, Pridemore, Regala, Rockefeller, Spanel, Tom and Weinstein - 28

MOTION

Senator Holmquist moved that the following amendment by Senator Holmquist to the striking amendment be adopted.

      On page 3, line 3, after "(6)" insert the following "The superintendent of the school district shall notify parents or guardians that their students will be receiving sexual health education, and shall present the curricula and materials to parents at a public meeting. The notification and the public meeting must occur at least one month prior to the beginning of classroom instruction."

      Renumber the sections consecutively and correct any internal references accordingly.

      Senator Holmquist spoke in favor of adoption of the amendment to the striking amendment.

      Senator Schoesler demanded a roll call.

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

      Senators Morton and Benton spoke in favor of adoption of the amendment to the striking amendment.

      Senator Haugen spoke against adoption of the amendment to the striking amendment.

POINT OF ORDER

Senator Rockefeller: “To guess that the speaker is impugning the motives of the rest of us. I don’t happen to agree with it.”

REPLY BY THE PRESIDENT

President Owen: “Senator Benton, please make sure your remarks are relative to the amendment not the motives of the members.”

      Senator Brown spoke against adoption of the amendment to the striking amendment.

      Senators Roach and Clements spoke in favor of the amendment to the striking amendment.

      Senator Holmquist again spoke in favor of adoption of the amendment to the striking amendment.

The President declared the question before the Senate to be the adoption of the amendment by Senator Holmquist on page 3, line 3 to the striking amendment to Substitute Senate Bill No. 5297.

ROLL CALL

      The Secretary called the roll on the adoption of the amendment by Senator Holmquist to the striking amendment and the amendment was not adopted by the following vote: Yeas, 22; Nays, 27; Absent, 0; Excused, 0.

      Voting yea: Senators Benton, Brandland, Carrell, Clements, Delvin, Hargrove, Hewitt, Holmquist, Honeyford, Kastama, McCaslin, Morton, Parlette, Pflug, Rasmussen, Roach, Schoesler, Sheldon, Shin, Stevens, Swecker and Zarelli - 22

      Voting nay: Senators Berkey, Brown, Eide, Fairley, Franklin, Fraser, Hatfield, Haugen, Hobbs, Jacobsen, Kauffman, Keiser, Kilmer, Kline, Kohl-Welles, Marr, McAuliffe, Murray, Oemig, Poulsen, Prentice, Pridemore, Regala, Rockefeller, Spanel, Tom and Weinstein - 27

MOTION

Senator Clements moved that the following amendment by Senator Clements to the striking amendment be adopted.

      On page 3, strike all of line 18 and 19 and insert the following:

      "Sec. 3. RCW 28A.600.480 and 2002 c 207 s 4 are each amended to read as follows:

      (1) No school employee, student, or volunteer may engage in reprisal, retaliation, or false accusation against a victim, witness, or one with reliable information about an act of harassment, intimidation, or bullying.

      (2) A school employee, student, or volunteer who has witnessed, or has reliable information that a student has been subjected to, harassment, intimidation, or bullying, whether verbal or physical, ((is encouraged to )) including as a result of being excused from any planned instruction in sexual health education, shall report such incident to an appropriate school official.

      (3) A school employee, student, or volunteer who promptly reports an incident of harassment, intimidation, or bullying to an appropriate school official, and who makes this report in compliance with the procedures in the district's policy prohibiting bullying, harassment, or intimidation, is immune from a cause of action for damages arising from any failure to remedy the reported incident."

      Renumber the sections consecutively and correct any internal references accordingly.

      On page 3, line 22 strike the title amendment.

      Senator Clements spoke in favor of adoption of the amendment to the striking amendment.

      Senator Schoesler demanded a roll call.

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

      Senator Haugen spoke against adoption of the amendment to the striking amendment.

MOTION

      On motion of Senator Parlette, Senators McCaslin and Delvin were excused.

The President declared the question before the Senate to be the adoption of the amendment by Senator Clements on page 3, line 18 to the striking amendment to Substitute Senate Bill No. 5297.

ROLL CALL

      The Secretary called the roll on the adoption of the amendment by Senator Clements to the striking amendment and the amendment was not adopted by the following vote: Yeas, 21; Nays, 27; Absent, 0; Excused, 1.

      Voting yea: Senators Benton, Brandland, Carrell, Clements, Hargrove, Hewitt, Holmquist, Honeyford, Kastama, McCaslin, Morton, Parlette, Pflug, Rasmussen, Roach, Schoesler, Sheldon, Shin, Stevens, Swecker and Zarelli - 21

      Voting nay: Senators Berkey, Brown, Eide, Fairley, Franklin, Fraser, Hatfield, Haugen, Hobbs, Jacobsen, Kauffman, Keiser, Kilmer, Kline, Kohl-Welles, Marr, McAuliffe, Murray, Oemig, Poulsen, Prentice, Pridemore, Regala, Rockefeller, Spanel, Tom and Weinstein - 27

      Excused: Senator Delvin - 1

MOTION

Senator Roach moved that the following amendment by Senator Roach to the striking amendment be adopted.

      On page 3, after line 19, insert the following:

"(9) Any teacher who submits specific written objections to any portion of the curriculum to the superintendent of the school district shall be permitted to omit that portion of the curriculum from his or her classroom instruction."

      Renumber the sections consecutively and correct any internal references accordingly.

      Senator Roach spoke in favor of adoption of the amendment to the striking amendment.

      Senator Schoesler 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 amendment by Senator Roach on page 3, line 19 to the striking amendment to Substitute Senate Bill No. 5297.

ROLL CALL

      The Secretary called the roll on the adoption of the amendment by Senator Roach to the striking amendment and the amendment was not adopted by the following vote: Yeas, 19; Nays, 29; Absent, 0; Excused, 1.

      Voting yea: Senators Benton, Brandland, Carrell, Clements, Hargrove, Hewitt, Holmquist, Honeyford, McCaslin, Morton, Parlette, Pflug, Rasmussen, 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, Murray, Oemig, Poulsen, Prentice, Pridemore, Regala, Rockefeller, Shin, Spanel, Tom and Weinstein - 29

      Excused: Senator Delvin - 1

MOTION

Senator Holmquist moved that the following amendment by Senator Holmquist to the striking amendment be adopted.

      On page 3, after line 21, insert the following:

      "NEW SECTION. Sec. 4. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2007, in the omnibus appropriations act, this act is null and void."

      Renumber the sections consecutively and correct any internal references accordingly.

      Senator Holmquist spoke in favor of adoption of the amendment to the striking amendment.

      Senator McAuliffe spoke against adoption of the amendment to the striking amendment.

      Senator Schoesler demanded a roll call.

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

POINT OF INQUIRY

Senator Holmquist: “Would the good lady chair of Early Learning, K-12 Committee yield to a question?

Senator McAuliffe: “No.”

The President declared the question before the Senate to be the adoption of the amendment by Senator Holmquist on page 3, line 21 to the striking amendment to Substitute Senate Bill No. 5297.

ROLL CALL

      The Secretary called the roll on the adoption of the amendment by Senator Holmquist to the striking amendment and the amendment was not adopted by the following vote: Yeas, 20; Nays, 29; Absent, 0; Excused, 0.

      Voting yea: Senators Benton, Brandland, Carrell, Clements, Delvin, Hargrove, Hewitt, Holmquist, Honeyford, McCaslin, Morton, Parlette, Pflug, Rasmussen, Roach, Schoesler, Sheldon, Stevens, Swecker and Zarelli - 20

      Voting nay: Senators Berkey, Brown, Eide, Fairley, Franklin, Fraser, Hatfield, Haugen, Hobbs, Jacobsen, Kastama, Kauffman, Keiser, Kilmer, Kline, Kohl-Welles, Marr, McAuliffe, Murray, Oemig, Poulsen, Prentice, Pridemore, Regala, Rockefeller, Shin, Spanel, Tom and Weinstein - 29

MOTION

Senator Roach moved that the following amendment by Senator Roach to the striking amendment be adopted.

      On page 3 after line 19 of the striking amendment, insert the following:

      "(9) The Superintendent of public instruction shall develop an email, fax, and/or written method for parents or guardians to communicate permission for a student to take part in mandated instruction in sex education. Without the permission of a parent or guardian a student may not be taught the sex education curriculum."

      Senator Roach spoke in favor of adoption of the amendment to the striking amendment.

      Senator Schoesler 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 amendment by Senator Roach on page 3, line 19 to the striking amendment to Substitute Senate Bill No. 5297.

ROLL CALL

      The Secretary called the roll on the adoption of the amendment by Senator Roach to the striking amendment and the amendment was not adopted by the following vote: Yeas, 19; Nays, 29; Absent, 1; Excused, 0.

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

      Voting nay: Senators Berkey, Brown, Eide, Fairley, Franklin, Fraser, Hatfield, Haugen, Hobbs, Jacobsen, Kauffman, Keiser, Kilmer, Kline, Kohl-Welles, Marr, McAuliffe, Murray, Oemig, Poulsen, Prentice, Pridemore, Regala, Rockefeller, Sheldon, Shin, Spanel, Tom and Weinstein - 29

      Absent: Senator Kastama - 1

      The President declared the question before the Senate to be the adoption of the striking amendment as amended by Senators Haugen, McAuliffe and Brown to Substitute Senate Bill No. 5297.

      The motion by Senator Haugen carried and the striking amendment as amended 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 "schools;" strike "amending RCW 28A.600.480;"

MOTION

      On motion of Senator Haugen, the rules were suspended, Engrossed Substitute Senate Bill No. 5297 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senators Haugen spoke in favor of passage of the bill.

      Senators Schoesler, Hargrove, Swecker, Rasmussen, Stevens, Shin, Honeyford and Roach spoke against passage of the bill.

POINT OF ORDER

Senator Haugen: “I would ask the speaker not to impugn our motives for introducing this legislation. Some of us do not consider ourselves the far left.”

REPLY BY THE PRESIDENT

President Owen: “Senator Roach, please keep your remarks to the bill at hand. Senator Roach.”

      Senators Kastama and Franklin spoke in favor of passage of the bill.

      Senators Benton and Carrell spoke against passage of the bill.

MOTION

      Senator Weinstein demanded that the previous question be put.

      The President declared that at least two additional senators joined the demand and the demand was sustained.

PARLIAMENTARY INQUIRY

Senator Holmquist: “Is it appropriate to speak against the motion before us?”

REPLY BY THE PRESIDENT

President Owen: “It’s not debateable.”

PARLIAMENTARY INQUIRY

Senator Holmquist: “Thank you Mr. President. May the Ranking Republican member on Early Learning & K-12 have an opportunity to close debate?”

REPLY BY THE PRESIDENT

President Owen: “No.”

REMARKS BY THE PRESIDENT

President Owen: “Senator Holmquist, for clarification: The rule is, at least our understanding of the rule is, that the person who opens the debate or is lead, in this case Senator Haugen, may close, as well when you have a motion to cut off debate.”

PARLIAMENTARY INQUIRY

Senator Holmquist: “Thank you Mr. President. I guess point of inquiry maybe. Is it customary to close debate without allowing ranking members to speak to the passage of the bill.”

REPLY BY THE PRESIDENT

President Owen: “When you have passed a motion to close debate, yes, that is correct. It is not only customary, it is the rules.”

      The President declared the question before the Senate to be the motion of Senator Weinstein, “Shall the main question be now put?”

      The motion by Senator Weinstein that the previous question be put was carried by voice vote.

      The President declared the question before the Senate to be the final passage of Engrossed Substitute Senate Bill No. 5297.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5297 and the bill passed the Senate by the following vote: Yeas, 30; Nays, 19; Absent, 0; Excused, 0.

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

      Voting nay: Senators Benton, Carrell, Clements, Delvin, Hargrove, Hewitt, Holmquist, Honeyford, McCaslin, Morton, Parlette, Rasmussen, Roach, Schoesler, Sheldon, Shin, Stevens, Swecker and Zarelli - 19

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5297, 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, Engrossed Substitute Senate Bill No. 5297 was immediately transmitted to the House of Representatives.

MOTION

      On motion of Senator Eide, Rule 15 was suspended for the remainder of the day for the purpose of allowing continued floor action.

EDITOR’S NOTE: Senate Rule 15 establishes the floor schedule and calls for a lunch and dinner break of 90 minutes each per day during regular daily sessions.

SECOND READING

      SENATE BILL NO. 5190, by Senators Hargrove, McCaslin and Shin

      Modifying provisions relating to the collection of legal financial obligations.

MOTIONS

      On motion of Senator Hargrove, Substitute Senate Bill No. 5190 was substituted for Senate Bill No. 5190 and the substitute bill was placed on the second reading and read the second time.

      On motion of Senator Hargrove, the rules were suspended, Substitute Senate Bill No. 5190 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Senator Hargrove spoke in favor of passage of the bill.

MOTION

      On motion of Senator Brandland, Senators Benton, Carrell, Delvin, Hewitt, Holmquist, Honeyford, McCaslin, Morton, Schoesler, Stevens, Swecker and Zarelli were excused.

MOTION

On motion of Senator Regala, Senator Jacobsen was excused.

      The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 5190.

ROLL CALL

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5190 and the bill passed the Senate by the following vote: Yeas, 40; Nays, 0; Absent, 0; Excused, 9.

      Voting yea: Senators Benton, Berkey, Brandland, Brown, Carrell, Clements, Eide, Fairley, Franklin, Fraser, Hargrove, Hatfield, Haugen, Hobbs, Kastama, Kauffman, Keiser, Kilmer, Kline, Kohl-Welles, Marr, McAuliffe, Morton, Murray, Oemig, Parlette, Pflug, Poulsen, Prentice, Pridemore, Rasmussen, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Spanel, Tom and Weinstein - 40

      Excused: Senators Delvin, Hewitt, Holmquist, Honeyford, Jacobsen, McCaslin, Stevens, Swecker and Zarelli - 9

      SUBSTITUTE SENATE BILL NO. 5190, 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 8:48 p.m., on motion of Senator Eide, the Senate adjourned until 9:45 a.m. Thursday, March 7, 2007.

BRAD OWEN, President of the Senate

THOMAS HOEMANN, Secretary of the Senate