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FIFTH DAY
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MORNING SESSION
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Senate Chamber, Olympia, Friday, January 16, 1998
The Senate was called to order at 10:00 a.m. by President Owen. The Secretary called the roll and announced to the President that all Senators were present except Senators Bauer, Hargrove, Horn, McAuliffe, Prentice, Schow and West. On motion of Senator Franklin, Senators Bauer, Hargrove, McAuliffe and Prentice were excused. On motion of Senator Hale, Senator Schow was excused.
The Sergeant at Arms Color Guard, consisting of Pages Joseph Taylor and Margaret Elliott, presented the Colors. Reverend Walter Johnson, pastor of the Good Shepherd Missionary Church of Olympia, offered the prayer.
MOTION
On motion of Senator Johnson, the reading of the Journal of the previous day was dispensed with and it was approved.
REPORTS OF STANDING COMMITTEES
January 15, 1998
SB 5638 Prime Sponsor, Senator Fraser: Requiring a driver improvement interview when a person is involved in a fatal accident and is issued a traffic infraction. Reported by Committee on Law and Justice
MAJORITY Recommendation: Do pass. Signed by Senators Roach, Chair; Fairley, Goings, Hargrove, Kline, McCaslin, Stevens and Zarelli.
Passed to Committee on Rules for second reading.
January 15, 1998
SB 6133 Prime Sponsor, Senator Oke: Allowing persons who have reported stolen property to inspect records of pawnbrokers and second-hand dealers. Reported by Committee on Commerce and Labor
MAJORITY Recommendation: No recommendation and the bill be referred to Committee on Financial Institutions, Insurance and Housing. Signed by Senators Schow, Chair; Horn, Vice Chair; Anderson, Franklin, Fraser and Heavey.
Referred to Committee on Financial Institutions, Insurance and Housing.
January 15, 1998
SB 6142 Prime Sponsor, Senator Kline: Imposing administrative license suspensions on first-time DUI offenders. Reported by Committee on Law and Justice
MAJORITY Recommendation: Do pass. Signed by Senators Roach, Chair; Johnson, Vice Chair; Fairley, Goings, Kline, McCaslin and Stevens.
Passed to Committee on Rules for second reading.
January 15, 1998
SB 6169 Prime Sponsor, Senator Winsley: Regulating third-party appraisals. Reported by Committee on Commerce and Labor
MAJORITY Recommendation: No recommendation and the bill be referred to Committee on Financial Institutions, Insurance and Housing. Signed by Senators Schow, Chair; Horn, Vice Chair; Anderson, Franklin, Fraser and Heavey.
Referred to Committee on Financial Institutions, Insurance and Housing.
January 16, 1998
SB 6209 Prime Sponsor, Senator Prince: Regulating current use taxation. Reported by Committee on Government Operations
MAJORITY recommendation: That the bill be referred to Committee on Agriculture and Environment. Signed by Senators McCaslin, Chair; Hale, Vice Chair; Haugen, Horn, Patterson and T. Sheldon.
Referred to Committee on Agriculture and Environment.
January 15, 1998
SB 6257 Prime Sponsor, Senator Strannigan: Lowering statutory levels for legal alcohol intoxication. Reported by Committee on Law and Justice
MAJORITY Recommendation: Do pass. Signed by Senators Roach, Chair; Johnson, Vice Chair; Fairley, Goings, Hargrove, Kline, McCaslin, Stevens, Thibaudeau and Zarelli.
Passed to Committee on Rules for second reading.
January 15, 1998
SB 6299 Prime Sponsor, Senator Johnson: Identifying where actions for unlawful issuance of a check or draft may be brought. Reported by Committee on Law and Justice
MAJORITY Recommendation: Do pass. Signed by Senators Roach, Chair; Johnson, Vice Chair; Fairley, Hargrove, Kline, McCaslin, Stevens, Thibaudeau and Zarelli.
Passed to Committee on Rules for second reading.
MESSAGE FROM THE HOUSE
January 14, 1998
MR. PRESIDENT:
The House has passed:
HOUSE BILL NO. 1012,
HOUSE BILL NO. 1038,
HOUSE BILL NO. 1087,
SUBSTITUTE HOUSE BILL NO. 1093,
SUBSTITUTE HOUSE BILL NO. 1112,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1115,
SUBSTITUTE HOUSE BILL NO. 1121,
SUBSTITUTE HOUSE BILL NO. 1141,
HOUSE BILL NO. 1172,
SUBSTITUTE HOUSE BILL NO. 1174,
SUBSTITUTE HOUSE BILL NO. 1193,
SUBSTITUTE HOUSE BILL NO. 1195, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
INTRODUCTION AND FIRST READING
SB 6345 by Senators Johnson, Anderson, Finkbeiner, Hale, Deccio, Rossi, Sellar, Oke, Hochstatter, McCaslin, Swecker, Schow, Stevens, Strannigan and Wood
AN ACT Relating to charter schools; amending RCW 41.59.080; adding a new section to chapter 41.56 RCW; adding a new section to chapter 41.59 RCW; adding a new chapter to Title 28A RCW; and declaring an emergency.
Referred to Committee on Education.
SB 6346 by Senators Johnson and Heavey
AN ACT Relating to withdrawal from a regional transportation authority; and amending RCW 81.112.050.
Referred to Committee on Transportation.
SB 6347 by Senators Deccio, McDonald, McCaslin, Benton, Hochstatter, Rossi, Morton, Hale, Long, Oke, Roach, Swecker, Johnson, Schow, Stevens, West, Anderson, Wood, Horn and Sellar
AN ACT Relating to income averaging for eligibility for temporary assistance for needy families benefits; and adding a new section to chapter 74.08A RCW.
Referred to Committee on Health and Long-Term Care.
SB 6348 by Senators Hale and Haugen (by request of Department of Revenue)
AN ACT Relating to eliminating requirements for filing certificates or annual summaries for sales and use tax exemptions on manufacturing machinery and equipment; amending RCW 82.12.02565; reenacting and amending RCW 82.08.02565; and providing an effective date.
Referred to Committee on Government Operations.
SB 6349 by Senators Anderson, Patterson and Swecker
AN ACT Relating to membership on the committee that establishes external boundaries of critical water supply service areas; and amending RCW 70.116.040.
Referred to Committee on Agriculture and Environment.
SB 6350 by Senators Patterson, Roach, Kline, Long, Franklin, Anderson, Brown, Stevens, Kohl, Oke, Winsley, Swecker, Goings and Spanel
AN ACT Relating to delivery of a controlled substance to a pregnant woman; amending RCW 9.94A.390 and 13.40.150; and providing an effective date.
Referred to Committee on Law and Justice.
SB 6351 by Senators Goings and Oke (by request of Washington State Patrol)
AN ACT Relating to eliminating an obsolete reference to index cross-reference reporting; and amending RCW 46.52.120.
Referred to Committee on Transportation.
SB 6352 by Senators Wood and Haugen (by request of Washington State Patrol)
AN ACT Relating to examination eligibility requirements for Washington state patrol officers; and amending RCW 43.43.350.
Referred to Committee on Government Operations.
SB 6353 by Senators Sellar and Goings (by request of Washington State Patrol)
AN ACT Relating to use of sick leave before eligibility for disability requirements of Washington state patrol officers; and amending RCW 43.43.040.
Referred to Committee on Government Operations.
SB 6354 by Senators Deccio, Wojahn, Benton, Thibaudeau, Wood, Franklin, Sellar, West, Hale, Anderson, Kohl, Winsley, Haugen, Patterson and Goings
AN ACT Relating to moneys received by the state pursuant to litigation or settlements with the tobacco industry; adding a new section to chapter 43.72 RCW; and declaring an emergency.
Referred to Committee on Health and Long-Term Care.
SB 6355 by Senators Winsley, Prentice, Sellar, Heavey, Benton and Hale (by request of Department of Financial Institutions)
AN ACT Relating to share insurance for credit unions; amending RCW 31.12A.007, 31.12.407, and 31.12.408; adding new sections to chapter 31.12A RCW; adding a new section to chapter 31.12 RCW; and providing expiration dates.
Referred to Committee on Financial Institutions, Insurance and Housing.
SB 6356 by Senators Finkbeiner, Brown and Rossi (by request of Utilities and Transportation Commission)
AN ACT Relating to streamlining and clarifying regulatory requirements of telecommunication providers regulated by the utilities and transportation commission; amending RCW 80.36.310, 80.36.320, 80.36.330, 80.36.135, and 80.36.300; and adding a new section to chapter 80.36 RCW.
Referred to Committee on Energy and Utilities.
SB 6357 by Senators Finkbeiner, Brown and Jacobsen (by request of Utilities and Transportation Commission)
AN ACT Relating to excavation damage prevention and public safety; amending RCW 19.122.010, 19.122.020, and 19.122.070; and prescribing penalties.
Referred to Committee on Energy and Utilities.
SB 6358 by Senators Rossi, Finkbeiner, Brown and Jacobsen (by request of Utilities and Transportation Commission)
AN ACT Relating to utilities and transportation commission intrastate pipeline safety jurisdiction and penalties; adding new sections to chapter 81.88 RCW; and prescribing penalties.
Referred to Committee on Energy and Utilities.
SB 6359 by Senators Finkbeiner, Rossi, Brown and Jacobsen (by request of Utilities and Transportation Commission)
AN ACT Relating to filing of affiliated transactions with the utilities and transportation commission; and amending RCW 80.16.020, 80.16.030, 80.16.050, 80.16.060, 80.16.070, 81.16.020, 81.16.030, 81.16.050, 81.16.060, and 81.16.070.
Referred to Committee on Energy and Utilities.
SB 6360 by Senators Johnson and Kline
AN ACT Relating to processing fees for writs of garnishments that are not writs for continuing lien on earnings; amending RCW 6.27.005, 6.27.095, 6.27.100, and 6.27.110; and declaring an emergency.
Referred to Committee on Law and Justice.
SB 6361 by Senators Deccio, Wojahn, Benton, Franklin, Wood, Prentice and Winsley
AN ACT Relating to health care facility worker identification; and adding a new section to chapter 70.41 RCW.
Referred to Committee on Health and Long-Term Care.
SB 6362 by Senators Deccio, Wojahn, Wood and Winsley (by request of Department of Health)
AN ACT Relating to extending the time for the secretary of health to establish administrative procedures and requirements for health professions; and amending RCW 43.70.280.
Referred to Committee on Health and Long-Term Care.
SB 6363 by Senators Swecker and Oke
AN ACT Relating to eliminating fish passage barriers; amending RCW 75.50.160; adding a new section to chapter 75.50 RCW; adding a new section to chapter 79.38 RCW; creating new sections; making an appropriation; and declaring an emergency.
Referred to Committee on Natural Resources and Parks.
SB 6364 by Senators West, Benton, Strannigan, Finkbeiner, Rossi, Johnson, Hale, Oke and Swecker
AN ACT Relating to deposits to the emergency reserve fund; and creating a new section.
Referred to Committee on Ways and Means.
SB 6365 by Senators Kline, Roach, Long, Hargrove, Haugen, Johnson, Brown, Rasmussen, Jacobsen, Snyder, Winsley, Wojahn and Oke
AN ACT Relating to false claims against the government; adding a new chapter to Title 4 RCW; and prescribing penalties.
Referred to Committee on Law and Justice.
SB 6366 by Senators Kline, Kohl, Fairley, Brown, Patterson, Thibaudeau and Oke
AN ACT Relating to prohibiting investment of public pension and retirement funds in business firms manufacturing tobacco products; amending RCW 43.33A.110, 43.33A.130, 43.33A.140, and 43.84.150; adding a new section to chapter 43.33A RCW; and creating a new section.
Referred to Committee on Financial Institutions, Insurance and Housing.
SB 6367 by Senators Kline, Bauer and Thibaudeau
AN ACT Relating to refunds from the motor vehicle fund that are credited to the nonhighway and off-road vehicle activities program account; and amending RCW 46.09.170.
Referred to Committee on Transportation.
SB 6368 by Senators Kline, Patterson, Fairley, Kohl, Goings, Jacobsen, McAuliffe, Snyder, Thibaudeau, Oke, Swecker and Haugen
AN ACT Relating to impoundment and forfeiture of vehicles operated by persons driving or in actual physical control of a vehicle while under the influence of intoxicating liquor; amending RCW 46.55.113, 46.55.120, 46.61.5058, and 46.12.240; creating a new section; and prescribing penalties.
Referred to Committee on Law and Justice.
SB 6369 by Senators Kline, Winsley, Patterson, McAuliffe and Prentice
AN ACT Relating to occupational drivers' licenses; amending RCW 46.20.391 and 46.20.394; and adding a new section to chapter 46.20 RCW.
Referred to Committee on Law and Justice.
SB 6370 by Senators Kline, Winsley, Brown, McAuliffe, Prentice and Franklin
AN ACT Relating to occupational drivers' licenses; and amending RCW 46.20.391.
Referred to Committee on Law and Justice.
SB 6371 by Senators McCaslin, Haugen, Swecker, Bauer, Anderson, Winsley and Goings
AN ACT Relating to implementing the capital facilities elements of comprehensive plans adopted under the growth management act; amending RCW 36.70A.103, 82.45.060, and 43.84.092; adding a new section to chapter 36.70A RCW; and creating a new section.
Referred to Committee on Government Operations.
SB 6372 by Senators Thibaudeau, Patterson, Brown, McAuliffe, Heavey, Kohl and Spanel
AN ACT Relating to the business and occupation taxation of child care; amending RCW 82.04.339; creating a new section; and providing an effective date.
Referred to Committee on Ways and Means.
SB 6373 by Senators Wood, Thibaudeau, Franklin, McAuliffe, Brown, Prentice, Snyder, Rasmussen, Kohl, Oke and Swecker
AN ACT Relating to an end-of-life care center; adding a new chapter to Title 70 RCW; and making an appropriation.
Referred to Committee on Health and Long-Term Care.
SB 6374 by Senators Thibaudeau, Kohl and Patterson
AN ACT Relating to medicaid eligibility for children; reenacting and amending RCW 74.09.510 and 74.09.510; and making an appropriation.
Referred to Committee on Health and Long-Term Care.
SB 6375 by Senators Winsley, Prentice, Sellar, Hale and Benton
AN ACT Relating to the rates of interest and other fees charged by pawnbrokers; and amending RCW 19.60.060.
Referred to Committee on Financial Institutions, Insurance and Housing.
SB 6376 by Senators Patterson, Long, Heavey, Jacobsen, Thibaudeau, Goings, Kohl and Spanel
AN ACT Relating to contraceptive health care benefits; adding a new section to chapter 48.43 RCW; and creating a new section.
Referred to Committee on Health and Long-Term Care.
SB 6377 by Senators McCaslin, Patterson, Hale, T. Sheldon, Winsley, Snyder, Rasmussen, Prentice, Heavey, Sellar and Goings
AN ACT Relating to mobile or manufactured homes; amending RCW 43.63B.010, 43.63B.060, 35.63.110, 35A.63.100, 36.70.750, 46.70.011, 18.85.010, 18.85.330, 82.45.032, 65.20.910, 43.22.440, 46.04.302, and 65.20.020; adding new sections to chapter 43.63B RCW; adding a new section to chapter 36.70A RCW; creating new sections; and providing an effective date.
Referred to Committee on Financial Institutions, Insurance and Housing.
SB 6378 by Senators Horn, Haugen, McCaslin and T. Sheldon
AN ACT Relating to adoption by reference of codes by the state building code council that constitute the state building code; and amending RCW 19.27.031 and 19.27.074.
Referred to Committee on Government Operations.
SB 6379 by Senators Anderson, Spanel and Roach
AN ACT Relating to the retail sales tax exemption for sales of laundry service; and amending RCW 82.04.050.
Referred to Committee on Ways and Means.
SB 6380 by Senators Winsley, Prentice, Hale, Oke, Patterson and Goings (by request of Department of Community, Trade, and Economic Development)
AN ACT Relating to mobile home relocation assistance; amending RCW 59.21.010, 59.21.021, 59.21.025, 59.21.040, and 59.21.050; and repealing RCW 59.21.015.
Referred to Committee on Financial Institutions, Insurance and Housing.
SB 6381 by Senator Fairley
AN ACT Relating to eliminating the time limit on regular tax levies for medical care and services; amending RCW 84.52.069; and creating a new section.
Referred to Committee on Health and Long-Term Care.
SB 6382 by Senators Wood and Thibaudeau
AN ACT Relating to the endorsement of school sealant endorsed dental hygienists; adding new sections to chapter 18.29 RCW; and creating a new section.
Referred to Committee on Health and Long-Term Care.
SB 6383 by Senators Wood and Fairley
AN ACT Relating to inactive status for physical therapists; and adding a new section to chapter 18.74 RCW.
Referred to Committee on Health and Long-Term Care.
SB 6384 by Senators Wood and Fairley
AN ACT Relating to limited licensure for physical therapists; and adding a new section to chapter 18.74 RCW.
Referred to Committee on Health and Long-Term Care.
SB 6385 by Senators Roach, Fraser, Swecker, Oke, Winsley, Spanel, B. Sheldon, Fairley, Kline, Thibaudeau, Franklin and Patterson
AN ACT Relating to notification of pesticide application; amending RCW 17.21.020; and adding a new section to chapter 17.21 RCW.
Referred to Committee on Agriculture and Environment.
SB 6386 by Senators Fraser, Horn, Heavey, Fairley, Goings, T. Sheldon, Schow, Oke and Winsley
AN ACT Relating to notice of actions against drivers' licenses; amending RCW 46.25.040; and adding a new section to chapter 46.20 RCW.
Referred to Committee on Transportation.
SB 6387 by Senators Fraser, Swecker, Fairley, Rasmussen and Winsley
AN ACT Relating to authorizing deductions from retirement allowances for charitable purposes; and reenacting and amending RCW 41.40.052.
Referred to Committee on Ways and Means.
SB 6388 by Senators Fraser, Franklin, Prentice and Winsley
AN ACT Relating to mobile home park landlord-tenant agreements; amending RCW 59.20.160; and reenacting and amending RCW 59.20.060.
Referred to Committee on Financial Institutions, Insurance and Housing.
SB 6389 by Senators Fraser and Swecker
AN ACT Relating to the use of revenues under the county conservation futures levy; and amending RCW 84.34.230.
Referred to Committee on Agriculture and Environment.
SB 6390 by Senators Fraser, Patterson, Heavey, Swecker, Rasmussen, Winsley and Goings
AN ACT Relating to retail sales and use taxation; and amending RCW 82.08.010 and 82.12.010.
Referred to Committee on Ways and Means.
SB 6391 by Senators Wood, Haugen, Horn, Benton, Rasmussen, Oke, Prince, Patterson, Jacobsen, Goings, Prentice, Fraser, Morton, B. Sheldon and Bauer
AN ACT Relating to confidentiality of certain public transportation information; and adding a new section to chapter 42.17 RCW.
Referred to Committee on Transportation.
SB 6392 by Senators Strannigan, Long, West and Oke
AN ACT Relating to licensed overnight youth shelters; adding a new section to chapter 74.15 RCW; creating a new section; and making an appropriation.
Referred to Committee on Human Services and Corrections.
SB 6393 by Senators Winsley and Prentice (by request of Insurance Commissioner Senn)
AN ACT Relating to institutions conducting a charitable gift annuity business; amending RCW 48.38.010, 48.38.020, 48.38.040, 48.38.050, and 48.31.020; and adding new sections to chapter 48.38 RCW.
Referred to Committee on Financial Institutions, Insurance and Housing.
SB 6394 by Senators Hochstatter, Stevens, Oke and Swecker
AN ACT Relating to science textbooks; and adding a new section to chapter 28A.150 RCW.
Referred to Committee on Education.
SB 6395 by Senators Horn, Schow and Anderson
AN ACT Relating to civil penalties for accident prevention program violations; and amending RCW 49.17.180.
Referred to Committee on Commerce and Labor.
SB 6396 by Senators Wood, Kohl, Winsley, Haugen, Prince, Bauer and West
AN ACT Relating to the Washington center for real estate research; adding new sections to chapter 28B.30 RCW; adding new sections to chapter 43.131 RCW; and creating a new section.
Referred to Committee on Higher Education.
SB 6397 by Senators Fraser, Roach, Fairley, Kohl, Oke and Swecker
AN ACT Relating to rape victim protection; amending RCW 13.34.030, 26.26.060, 26.26.170, and 13.34.200; adding a new section to chapter 9A.44 RCW; and declaring an emergency.
Referred to Committee on Law and Justice.
SB 6398 by Senators McCaslin and Winsley (by request of Secretary of State Munro)
AN ACT Relating to testing of voting systems; and amending RCW 29.33.145, 29.33.350, and 29.33.360.
Referred to Committee on Government Operations.
SB 6399 by Senators Oke, Haugen, Morton and Rasmussen
AN ACT Relating to security of drivers' licenses; amending RCW 46.20.091, 46.20.117, 46.20.161, and 46.20.181; reenacting and amending RCW 46.63.020; adding a new section to chapter 46.04 RCW; adding new sections to chapter 46.20 RCW; adding a new section to chapter 42.17 RCW; creating a new section; prescribing penalties; and providing an effective date.
Referred to Committee on Transportation.
SB 6400 by Senators Brown, Finkbeiner, Oke and Thibaudeau (by request of Department of Social and Health Services)
AN ACT Relating to extending the Washington telephone assistance program; and amending 1993 c 249 s 3 (uncodified).
Referred to Committee on Energy and Utilities.
INTRODUCTION AND FIRST READING OF HOUSE BILLS
HB 1012 by Representatives Cairnes, Skinner, Hankins, Robertson, Chandler, Mitchell, B. Thomas, L. Thomas, Cooke and Mielke
Authorizing highway bonds.
Referred to Committee on Transportation.
HB 1038 by Representatives D. Schmidt, Scott and D. Sommers
Providing procedural requirements for recording documents in the office of the county auditor.
Referred to Committee on Government Operations.
HB 1087 by Representative Sheahan
Providing penalties for public consumption of liquor.
Referred to Committee on Law and Justice.
SHB 1093 by House Committee on Government Administration (originally sponsored by Representatives D. Schmidt, Costa, D. Sommers, Dunn, O'Brien and Anderson)
Making various changes in election laws.
Referred to Committee on Government Operations.
SHB 1112 by House Committee on Agriculture and Ecology (originally sponsored by Representatives Chandler, Mastin, Koster, Delvin, Mulliken, Johnson, B. Thomas and Honeyford)
Adjudicating water rights.
Referred to Committee on Agriculture and Environment.
ESHB 1115 by House Committee on Agriculture and Ecology (originally sponsored by Representatives Mastin, Chandler, McMorris, Koster, Delvin, Mulliken, Johnson, Dyer and Honeyford)
Altering appeal procedures for water-related actions of the department of ecology.
Referred to Committee on Agriculture and Environment.
SHB 1121 by House Committee on Children and Family Services (originally sponsored by Representatives Veloria, Cooke, Tokuda, Wolfe, Dunn and Costa)
Revising legal custody of children.
Referred to Committee on Human Services and Corrections.
SHB 1141 by House Committee on Government Administration (originally sponsored by Representatives Scott, Dunshee and Poulsen) (by request of Governor Lowry)
Eliminating boards and commissions.
Referred to Committee on Government Operations.
HB 1172 by Representatives D. Sommers, Sterk, O'Brien, Koster, Thompson, Delvin, Sherstad, Schoesler, Hatfield and Conway
Concerning the failure to register as a sex offender.
Referred to Committee on Human Services and Corrections.
SHB 1174 by House Committee on Government Administration (originally sponsored by Representatives Koster, Dunn, McMorris and Boldt)
Extending less than county-wide port districts.
Referred to Committee on Government Operations.
SHB 1193 by House Committee on Government Administration (originally sponsored by Representatives D. Schmidt, Dunn, L. Thomas, Wolfe, Scott and Wensman)
Controlling personal service contracts.
Referred to Committee on Government Operations.
SHB 1195 by House Committee on Transportation Policy and Budget (originally sponsored by Representatives Robertson, Schoesler, Dunshee, Sterk, Scott, K. Schmidt, Buck, Smith, Delvin, Hickel, Carlson, Hatfield, DeBolt, Dunn and Mulliken)
Requiring proof of auto insurance to drivers' license examiners.
Referred to Committee on Transportation.
MOTION
At 10:08 a.m., on motion of Senator Johnson, the Senate adjourned until 10:00 a.m., Monday, January 19, 1998.
BRAD OWEN, President of the Senate
MIKE O'CONNELL, Secretary of the Senate