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FIRST SPECIAL SESSION
TWENTY-SECOND DAY
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AFTERNOON SESSION
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Senate Chamber, Olympia, Monday, May 15, 1995
The Senate was called to order at 1:30 p.m. by President Pritchard. No roll call was taken.
The Sergeant at Arms Color Guard, consisting of Senate Staffers Heather Flodstrom and Dixie Imus, presented the Colors. President Pritchard offered the prayer.
MOTION
On motion of Senator Spanel, the reading of the Journal of the previous day was dispensed with and it was approved.
REPORTS OF STANDING COMMITTEES
GUBERNATORIAL APPOINTMENTS
May 15, 1995
GA 9059 DAVID SCHODDE, appointed June 15, 1994, for a term ending September 30, 1995, as a member of the Board of Trustees for Green River Community College District No. 10. Reported by Committee on Higher Education
MAJORITY Recommendation: That said appointment be confirmed. Signed by Senators Bauer, Chair; Kohl, Vice Chair; McAuliffe, Prince and Wood.
Referred to Committee on Rules.
May 15, 1995
GA 9144 BARBARA A. KOERBER, appointed March 24, 1995, for a term ending September 30, 1999, as a member of the Board of Trustees for Peninsula Community College District No. 1. Reported by Committee on Higher Education
MAJORITY Recommendation: That said appointment be confirmed. Signed by Senators Bauer, Chair; Kohl, Vice Chair; McAuliffe, Prince and Wood.
Referred to Committee on Rules.
May 15, 1995
GA 9145 DAN C. WILDER, appointed March 24, 1995, for a term ending September 30, 1997, as a member of the Board of Trustees for Peninsula Community College District No. 1. Reported by Committee on Higher Education
MAJORITY Recommendation: That said appointment be confirmed. Signed by Senators Bauer, Chair; Kohl, Vice Chair; McAuliffe, Prince and Wood.
Referred to Committee on Rules.
MESSAGE FROM STATE OFFICES
STATE OF WASHINGTON
DEPARTMENT OF SOCIAL AND HEALTH SERVICES
Olympia, Washington 98504-0095
May 1, 1995
Marty Brown
Secretary of the Senate
Mailstop: 40482
Olympia, Washington 98504-0482
Dear Secretary Brown:
Enclosed is our Report to the Legislature, Liability Issues and Insurance Rates for Group Homes.
If you have any questions regarding the report, please contact me.
Sincerely,
JEAN T. SOLIZ, Secretary
The Report from the Department of Social and Health Services regarding the Liability Issues and Insurance Rates for Group Homes is on file in the Office of the Secretary of the Senate.
MESSAGE FROM THE GOVERNOR
May 11, 1995
TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON
Ladies and Gentlemen:
I have the honor to advise you that on May 11, 1995, Governor Lowry approved the following Senate Bills entitled:
Substitute Senate Bill No. 5141
Relating to offenses involving alcohol or drugs.
Substitute Senate Bill No. 5155
Relating to hydraulic permit exemptions from the shoreline management act.
Engrossed Substitute Senate Bill No. 5169
Relating to the recommendations of the joint select committee on education restructuring.
Substitute Senate Bill No. 5365
Relating to the uniform disciplinary act.
Substitute Senate Bill No. 5374
Relating to registered limited liability partnerships.
Senate Bill No. 5434
Relating to the licensing of general agents.
Senate Bill No. 5544
Relating to ocean resources.
Substitute Senate Bill No. 5551
Relating to the excise taxation of lodging.
Second Substitute Senate Bill No. 5574
Relating to the return of state forest board transfer lands back to counties.
Engrossed Substitute Senate Bill No. 5597
Relating to the costs of copying public records.
Substitute Senate Bill No. 5606
Relating to water conservation and the reclamation and direct beneficial use of wastewater.
Senate Bill No. 5677
Relating to clarification of building code and structure requirements.
Senate Bill No. 5931
Relating to state-chartered financial institutions parity with federally chartered financial institutions.
Sincerely,
KENT CAPUTO, Legal Counsel to the Governor
MESSAGE FROM THE GOVERNOR
May 12, 1995
TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON
Ladies and Gentlemen:
I have the honor to advise you that on May 12, 1995, Governor Lowry approved the following Senate Bill entitled:
Substitute Senate Bill No. 5119
Relating to cost-of-living allowances for retirement purposes.
Sincerely,
KENT CAPUTO, Legal Counsel to the Governor
MESSAGE FROM THE GOVERNOR
May 12, 1995
To the Honorable President and Members,
The Senate of the State of Washington
Ladies and Gentlemen:
I am returning herewith, without my approval, Engrossed Substitute Senate Bill No. 5466 entitled:
"AN ACT Relating to the well-being of children;"
This legislation represents an effort to distinguish between that which is properly seen and heard by adults and that which should properly be seen and heard by those under 18 years of age - to define whose writings, photographs, devices, recordings and performances that are "harmful to minors."
No responsible parent or caring person can dispute the propriety of protecting our children from harm. What has become clear, however, is the great disparity in determining from what harm we seek to provide that protection.
Proponents of this bill cite the need to strengthen our response to those who would utilize pornographic material to exploit our children. I wholeheartedly agree with this effort and state again my commitment to craft a bill to achieve this important objective. I will work with the Legislature to strengthen the severity and certainty of punishment for those who would even attempt to occasion sexual improprieties upon a child - including dramatically increasing criminal penalties on those who would prey upon innocent victims. That is not what this legislation does.
In an attempt to filter minors' exposure to certain materials and performances, this bill stands to burden a broad segment of legitimate programs and businesses. Individuals would be forced to block access to what they determined to be suspect material or defend themselves in court. The chilling effect is potentially severe. Retailers, computer on-line services, arts organizations, health care providers, telephone service providers, artists, performers and professionals -- especially those whose labors keep them at the fore of technology, medicine or artistic movement -- fear they would have to unnecessarily ban minors from their products, services, or displays or prohibit access to certain materials entirely. Those with less resources -- including those who confront some of the most difficult issues affecting young people today, such as teen pregnancy and AIDS -- for whom review and segregation of materials are simply not feasible and the threat of court battles overwhelming, would simply shut down altogether.
The well-being of our children is not promoted by banning them from art galleries, barring them from a world of instant communication, or hiding them from accurate health care education and information that may save their lives. A community standard cognizant of our children's well-being is already evident in the marketplace, resulting in retailers' voluntary use of blinder racks, announcements of adult content, and other methods of establishing barriers to minors' access to sexually explicit materials. The computer software industry is diligently working to continually improve methods for parents to offer their children controlled computer network access.
If it is harmful conduct we seek to enjoin, then let us work together to bar by any legitimate means those who would cause that harm. If, on the other hand, it is harmful content we wish to censor, then we have much work ahead of us to find a line less egregious than presented by this measure.
I will commit my office over the coming months to seek the guidance of legislators and concerned individuals. We will work together to clarify the intent behind this legislation, to identify the harms we would seek to prevent, and to carefully tailor legislation appropriate to our task.
For these reasons, I am vetoing Engrossed Substitute Senate Bill No. 5466 in its entirety.
Respectfully submitted,
MIKE LOWRY, Governor
MOTION
On motion of Senator Spanel, the Veto Message on Engrossed Substitute Senate Bill No. 5466 was held on the desk.
MOTION
At 1:43 p.m., on motion of Senator Spanel, the Senate was declared to be at ease.
The Senate was called to order at 4:22 p.m. by President Pritchard.
INTRODUCTION AND FIRST READING
SB 6079 by Senators Smith and Gaspard
AN ACT Relating to the well-being of children; adding new sections to chapter 9.68 RCW; repealing RCW 9.68.015, 9.68.050, 9.68.060, 9.68.070, 9.68.080, 9.68.090, 9.68.100, 9.68.110, 9.68.120, 9.68.130, 9.68A.140, 9.68A.150, and 9.68A.160; and prescribing penalties.
MOTION
On motion of Senator Gaspard, the rules were suspended and Senate Bill No. 6079 was advanced to second reading and placed on the second reading calendar.
MOTION
At 4:23 p.m., on motion of Senator Gaspard, the Senate adjourned until 10:00 a.m., Tuesday, May 16, 1995.
JOEL PRITCHARD, President of the Senate
MARTY BROWN, Secretary of the Senate