1999-05-03                     Senate Journal                      Page 1206
SB 45                                                                        
SENATE BILL NO. 45 An Act relating to tort immunity for                        
personal injuries or death occurring on land; relating to the vacation         
by the state or a municipality of rights-of-way acquired by the state          
under former 43 U.S.C. 932; and providing for an effective date                
was read the second time.                                                      
                                                                               
Senator Torgerson, Cochair, moved and asked unanimous consent for              
the adoption of the Finance Committee Substitute offered on page               
1148. Without objection, CS FOR SENATE BILL NO. 45(FIN) An                     
Act providing that a person who grants certain conservation                    
easements to the state or other governmental body that provide                 
public access for recreational purposes and the grantee of the                 
easement are immune from tort liability, other than gross negligence           
or reckless or intentional misconduct, for damages to a person who             
uses the easement under certain conditions; relating to the vacation           
by the state or a municipality of rights-of-way acquired by the state          
under former 43 U.S.C. 932; and providing for an effective date                
was adopted and read the second time.                                          
                                                                               
Senator Halford offered Amendment No. 1 :                                       
                                                                               
Page 1, line 2:                                                                
	Delete "other governmental body"                                            
	Insert "a municipality"                                                     

1999-05-03                     Senate Journal                      Page 1207
SB 45                                                                        
Page 2, line 19:                                                               
	Delete "other governmental body"                                              
	Insert "a municipality"                                                       
                                                                               
Senator Halford moved for the adoption of Amendment No. 1.                     
Without objection, Amendment No. 1 was adopted.                                
                                                                               
Senator Mackie moved and asked unanimous consent that the bill be              
considered engrossed, advanced to third reading and placed on final            
passage. Without objection, it was so ordered.                                 
                                                                               
CS FOR SENATE BILL NO. 45(FIN) am was read the third time.                     
                                                                               
Senator Mackie moved and asked unanimous consent that President                
Pearce be shown as a cosponsor on the bill. Without objection, it              
was so ordered. Senator Taylor moved and asked unanimous consent               
that he be shown as a cosponsor on the bill. Without objection, it             
was so ordered.                                                                
                                                                               
The question being: Shall CS FOR SENATE BILL NO. 45(FIN) am                    
An Act providing that a person who grants certain conservation                 
easements to the state or a municipality that provide public access            
for recreational purposes and the grantee of the easement are immune           
from tort liability, other than gross negligence or reckless or                
intentional misconduct, for damages to a person who uses the                   
easement under certain conditions; relating to the vacation by the             
state or a municipality of rights-of-way acquired by the state under           
former 43 U.S.C. 932; and providing for an effective date pass the             
Senate? The roll was taken with the following result:                          
                                                                               
CSSB 45(FIN) am                                                                
Third Reading - Final Passage                                                  
Effective Date                                                                 
                                                                               
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Ellis, Elton, Green, Halford, Hoffman, Kelly Pete,       
Kelly Tim, Leman, Lincoln, Mackie, Miller, Parnell, Pearce,                    
Phillips, Taylor, Torgerson, Ward, Wilken                                      
                                                                               

1999-05-03                     Senate Journal                      Page 1208
SB 45                                                                        
and so, CS FOR SENATE BILL NO. 45(FIN) am passed the Senate.                   
                                                                               
Senator Mackie moved and asked unanimous consent that the vote                 
on the passage of the bill be considered the vote on the effective             
date clause. Without objection, it was so ordered and the bill was             
referred to the Secretary for engrossment.