The Chair opened final action on SB 439.

Senator Francisco proposed an amendment on flagging that would address the railroad's concern for safety first (Attachment 8).

Senator Francisco moved, seconded by Senator Holscher, that the amendment be approved.  The motion carried.  Division was called and there were five yeas and four nays. 

Senator Clifford proposed an amendment that would allow Co-ops to opt-in to these arrangements, and it would not alter the property interests of the railroads (Attachment 9).

Senator Clifford moved, seconded by Senator Bowser, that his combined amendments be approved.  The motion carried.

Senator Petersen proposed an amendment that would limit paralleling activities to only existing infrastructure (Attachment10).

Senator Petersen moved, seconded by Senator Francisco, that the amendment be approved.  The motion carried.

Senator Francisco moved, seconded by Senator Clifford, that SB 439 be approved as amended.  The motion carried.

Meeting adjourned at 2:31 p.m.