mournal 1Ikgi$latifr~ COMMONWEALTH OF PENNSYLVANIA MONDAY, MARCH 20,1995 SENATE SESSION OF TH OF THE GENERAL ASSEMBLY No.

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1 COMMONWEALTH OF PENNSYLVANIA 1Ikgi$latifr~ mournal MONDAY, MARCH 20,1995 SESSION OF TH OF THE GENERAL ASSEMBLY No. 22 SENATE MONDAY, March 20, 1995 The Senate met at 2 p.m., Eastern Standard Time. The PRESIDENT (Lieutenant Matk S. Schweiker) in the Chair. PRAYER The Chaplain, Reverend JAMES GRUBB, Pastor of Grace United Methodist Church, Harrisburg, offered the following prayer: Let us pray. Creator God, we thank You for this most beautiful day in Pennsylvania. We thank You for the beautiful setting of this Senate, for its history, for those who have served here in the past, and for those who serve in this present age. Guide, 0 Lord, we pray, the Members of this Senate as they wode together to order our life in this State, and give strength, honor, and charity to all the citizens of this Commonwealth, that they may fulfill their responsibility in cooperating with this body to enhance life for the common good. Sustain us by a vision of peace with justice, and purpose with dignity, for all of the people of Pennsylvania. We pray this in the name of our Creator, Redeemer, and Sustainer. Amen. The PRESIDENT. The Chair thanks Reverend Grubb, who is the guest today of Senator Shumaker. JOURNAL APPROVED The PRESIDENT. A quorum of the Senate being present, the Clerk will read the Journal of the preceding Session of. The Clerk proceeded to read the Journal of the preceding Session, when, on motion of Senator LOEPER, further reading was dispensed with and the Journal was approved. COMMUNICATIONS FROM THE GOVERNOR NOMINATIONS REFERRED TO COMMITTEE The PRESIDENT laid before the Senate the following communications in writing from His Excellency, the of the Commonwealth, which were read as follows and referred to the Committee on Rules and Executive Nominations: MEMBER OF THE STAlE BOARD OF AUCTIONEER EXAMINERS PennsyIvania: the advice and consent of the Senate, Frank A. Itgen, Jr., (Public Member), 922 Montgomery Avenue, C-2, Bryn Mawr 19010, Montgomery County, Seventeenth Senatorial District, for reappointment as a member of the State Board of Auctioneer Examiners, to serve for a term of three years or until his successor is appointed and qualified, but not longer than six months beyond that period. MEMBER OF THE STAlE BOARD OF BARBER EXAMINERS PennsyIvania: the advice and consent of the Senate, Steven E. Kopp, 424 West Broadway, Red Lion 17356, York County, Twenty-eighth Senatorial District, for appointment as a member of the State Board of Barber Examiners, to serve for a term of three years and until his successor is appointed and qualified, but not longer than six months beyond that period, vice Richard Sciorillo, Philadelphia, whose term expired. MEMBER OF THE STAlE BOARD OF BARBER EXAMINERS PennsyIvania: the advice and consent ofthe Senate, Camillo Micolucci, 987 Rocklyn Road, Springfield 19064, Delaware County, Twenty-sixth Senatorial District, for reappoin1ment as a member of the State Boanl ofbarber Examiners, to serve for a term of three years and until his successor is appointed and qualified, but not longer than six months beyond that period.

2 278 LEGISLATIVE JOURNAL - SENATE MARCH 20, MEMBER OF THE STATE BOARD OF BARBER EXAMINERS P :nnsyivania: the &h'ice and consent of the Senate, Robert Vavro, 221 Glen CaJadh Street, Pittsburgh , Allegheny County, Forty-third Senatorial District, for appointment as a member of the State Board of Barber Examinem, to serve for a term of 1hree years and mtil his successor is,appointed and qualified, but not longer than six months beyond that JX:riod, vice Cosimo J. Sciortino, Yolk, whose tenn expired. MEMBER OF THE STATE BOARD OF CHIROPRACTIC P :nnsylvania: the advice and consent of the Senate, Donald J. Maher, D.C., 181 HartIrum Bridge Road, Ronks 17572, Lancaster County, Thirteenth Senatorial District, for appointment as a member of the State Board of Chiropmctic, to serve for a term of four years or mtil his successor is appointed and qualified, but not longer than six months beyond that JX:riod. vice Leonard J. Lenhart, D.C., ShaIpsville, whose tenn expired. MEMBER OF THE STATE BOARD OF DENTISTRY p(;:nnsyivania: the advice and consent ofthe Senate, Susan E. Calderbank, D.MD., 43 Clinton Street, Greenville 16125, Mercer County, Fiftieth Senatorial District, for appointment as a member of the State Board ofdentistry, to serve for a tenn of six years or until her successor is appointed and qualified, but not longer than six months beyond that period, vice Eli Stavisky, DD.S., Clarlcs Summit, whose tenn expired. MEMBER OF TIlE STATE BOARD OF FUNERAL DIRECTORS P(;:IlnSYIvania: the advice and consent of the Senate, Gregory K. Jordan (Public Member), 1522 Green Street, Harrisburg 17102, Dauphin County, Fifteenth Senatorial District, for appointment as a member of the State Board of Funeral Directors, to serve for a tenn of five years and Wltil his successor is appointed and qualified, but not longer than six months beyond that period, vice Ellen M Coggins, Harrisburg, whose tenn expired. MEMBER OF TIlE STATE BOARD OF MEDICINE Pennsylvania: the advice and consent of the Senate, Howard Anthony Richter, MD., 655 Lankenau Medical Building, Wynnewood 19096, Montgomery Comty, Seventeenth Senatorial District, for appointment as a member of the State Board of Medicine, to serve for a tenn of four years or until his successor is appointed and qualified, but not longer than six months beyond that period, vice Ernest 1. Abernathy, MD., Washington, whose tenn expired. MEMBER OF THE STATE REAL ESTATE COMMISSION PennsyIvania: In confonnity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Elizabeth J. W. Gmf, 399 West Butler Pike, Ambler 19002, Montgomery County, Twelfth Senatorial District, for appointment as a member of the State Real Estate Commission, to serve for a tenn of five years or until her successor is appointed and qualified, but not longer than six months beyond that JX:riod, vice John D. Neel, Pittsburgh, whose tenn expired. HOUSE MESSAGES BOUSE BILLS FOR CONCURRENCE The Clerk of the House of Representatives presented to the Senate the following bills for concunence, which were referred to the committees indicated: DB 248 and Committee on Game and Fisheries. DB Committee on Community and Economic Development. DB Committee on Banking and Insurance. March 17, 1995 DB Committee on Agriculture and Rural Affairs. DB Committee on Consumer Protection and Professional Licensure.

3 1995 LEGISLATIVE JOURNAL - SENATE 279 BILLS INTRODUCED AND REFERRED The PRESIDENT laid before the Senate the following Senate Bills numbered, entitled, and referred as follows, which were read by the Clerk: March Senators SALVATORE, DELP, BRIGHTBILL, TOMLIN SON, TARTAGLIONE, BELL, PORTERFIELD, ANDREZESKI, KASUNIC and LEMMOND presented to the Chair SB 773, entitled: An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, further providing for special plates for survivors of certain individuals killed in the line of duty. Which was committed to the Committee on lranspor TATION,. Senators DELP, BAKER, HECKLER, WENGER, HELFRICK, MOWERY, PETERSON and ARMSlRONG presented to the Chair SB 774, entitled: An Act amending the act ofjune I, 1937 (p. L. 1168, No. 294), entitled "Pennsylvania Labor Relations Act," further providing for unfair labor practices. Which was committed to the Committee on LABOR AND INDUSlRY,. Senators CORMAN, HELFRICK, MADIGAN and PORTERFIELD presented to the Chair SB 775, entitled: An Act amending Title 30 (Fish) of the Pennsylvania Consolidated Statutes, revising and updating the ftshing license and issuing agent fee structure. Which was committed to the Committee on GAME AND FISHERIES,. March Senators DELP, BRIGHTBILL and SALVATORE presented to the Chair SB 776, entitled: An Act amending the act of July IS, 1957 (p. L. 901, No. 399), entitled "Optional Third Class City Charter Law," further providing for the filling of vacancies in council and office of mayor. Which was committed to the Committee on URBAN AF FAIRS AND HOUSING, March 17, Senators DELp, WENGER, BRIGHTBILL, PUNT, HECK LER, MADIGAN, RHOADES, STAPLETON, STOUT and PORTERFIELD presented to the Chair SB 777, entitled: An Act amending the act of March 4, 1971 (p. L. 6, No.2), entitled "Tax Refonn Code of 1971," further providing for the definition of "sale at retail"; exempting the sale of horses and certain services relating to horses in certain circumstances from the sales and use tax; and exempting feed and certain other equipment from the sales and use tax. Which was committed to the Committee on FINANCE, March 17, Senators HART, WAGNER, HELFRICK, AFFLERBACH, TOMLINSON and RHOADES presented to the Chair SB 778, entitled: An Act amending the act ofapril 9, 1929 (p. L. 177, No. 175), entitled "The Administrative Code of 1929," further providing for domestic violence and rape victims services. Which was committed to the Committee on PUBLIC HEAL'TIi AND WELFARE, March 17, Senators HART, WAGNER, HELFRICK, AFFLERBACH, TOMLINSON and RHOADES presented to the Chair SB 779, entitled: A Supplement to the act of June 16, 1994 (p. L., No. 6A), entitled "General Appropriation Act of 1994," providing for an additional Federal appropriation to the Department of Public Welfare for a certain block grant in relation to rape victims and prevention services. Which was committed to the Committee on APPROPRIA TIONS, March 17, Senators HART, WAGNER, HELFRICK, AFFLERBACH, TOMLINSON and RHOADES presented to the Chair SB 780, entitled: An Act providing for the creation of a multipurpose program for victims of domestic violence; providing for related powers and duties of the Department of Education; and making an appropriation. Which was committed to the Committee on EDUCATION, March 17, Senators SCHWARTZ, CORMAN, MELLOW, JUBELIRER, BODACK, FISHER, O'PAKE, SALVATORE, STEWART, ANDREZESKI, STAPLETON, STOUT, BELL, HELFRICK, JONES, MUSTO, BRIGHTBILL, WILLIAMS, HUGHES, RHOADES, AFFLERBACH, HART, TOMLIN SON, WAGNER, HECKLER, DAWIDA, PORTERFIELD, TARTAGLIONE, KASUNIC, LAVALLE, DELP, BELAN, GERLACH and FUMO presented to the Chair SB 781, entitled: An Act amending the act of July 22, 1974 (p. L. 589, No. 205), entitled "Unfair Insurance Practices Act," further providing for unfair methods of competition. Which was committed to the Committee on BANKING AND INSURANCE, March 17, Senators GREENLEAF, AFFLERBACH, BELL, FISHER, PORTERFIELD, O'PAKE, RHOADES, ROBBINS and WIL LIAMS presented to the Chair SB 782, entitled: An Act amending Title 75 (Vehicles) of th.e Pennsylvania Consolidated Statutes, authorizing certain charitable organizations to solicit funds on highways. Which was committed to the Committee on lranspor TATION, March 17, Senators GREENLEAF, O'PAKE, ANDRFZESKI, DELP, KASUNIC, MOWERY, PETERSON, ROBBINS, SAL VATORE and WENGER presented to the Chair SB 783, entitled: An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, further providing for eligibility for postconviction relief.

4 280 LEGISLATIVE JOURNAL - SENATE MARCH 20, Which was committed to the Committee on JUDICIARY, March 17, Senators GREENLEAF, ANDREZESKI, GERLACH, HECI<LER, HELFRICK, MUSTO, PElERSON and SAL VATORE presented to the Chair SB 784, entitled: An Act amending the act of October 27, 1955 (p. L. 744, No. 222), t..ntitled, as amended, "Pennsylvania Hwnan Relations Act," defming "advertisement" and "advertiser"; and providing for certain fonns of advertisement. Which was committed to the Committee on CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, March 17, Senators GREENLEAF, HECKLER, ANDREZESKI, WAG NER, AFFLERBACH, BAKER, HART, HELFRICK, KASUNIC, PETERSON, PORTERFIELD, ROBBINS, SAL VATORE, SCHWARTZ and WENGER presented to the Chair SB 78:5, entitled: All Act amending Title 20 (Decedents, Estates and Fiduciaries) of the Pennsylvania Consolidated Statutes, allowing OWIlers of securities to register the title to same in transfer-on-death fonn. Which was committed to the Committee on JUDICIARY, March 17, Senators GREENLEAF, ANDREZESKI, HECKLER, HELFRICK and SALVATORE presented to the Chair SB 786, entitled: An Act amending the act of March 10, 1949 (p. L. 30, No. 14), entitled! "Public School Code of 1949," further providing penalties for truancy. Which was committed to the Committee on EDUCATION, March 17, Senators LAVALLE, ROBBINS, STOUT and O'PAKE presented to the Chair SB 787, entitled: An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, further providing for pennit for movement during course of manufacture. Which was committed to the Committee on TRANSPOR TATION, March 17, Senator BAKER presented to the Chair SB 788, entitled: An Act amending the act of May 16, 1923 (p. L. 207, No. 153), entitled "Municipal Claim and Tax Lien Law," providing for perfection of liens by municipalities for assessments payable in installments. Which was committed to the Committee on LOCAL GOV ERNMENT, March 17, SPECIAL ORDER OF BUSINESS ANNOUNCEMENT BY THE SECRETARY The SECRETARY. Consent has been given for the Committee on Rules and Executive Nominations to meet during today's Session to consider certain nominations. DISCHARGE PETITION The PRESIDENT laid before the Senate the following communk:ation, which was read by the Clerk as follows: In the Senate, March 20, 1995 A PETITION To place before the Senate the nomination of Yvette Kane, as Secretary of the Commonwealth. TO: The Presiding Officer of the Senate WE, The undersigned members of the Senate, pursuant to section 8 (b) of Article IV of the Constitution of Pennsylvania, do hereby request that you place the nomination of Yvette Kane, as SecretaIy of the Commonwealth, before the entire Senate body for a vote, the nomination not having been voted upon within 15 legislative days: Robert 1. Mellow Leonard J. Bodack Michael A. O'Pake William 1. Stewart Patrick 1. Stapleton A. Buzz Andrezeski Vincent J. Fwno The PRESIDENT. The communication will be laid on the table. LEGISLATIVE LEAVES The PRESIDENT. The Chair recognizes the gentleman from Delaware, Senator Loeper. Senator LOEPER. Mr. President, I request a temporary Capitol leave on behalf of Senator Shumaker. The PRESIDENT. Senator Loeper requests a temporary Capitol leave for Senator Shumaker. Without objection, that leave will be granted. The Chair recognizes the gentleman from Allegheny, Senator Bodack. Senator BODACK. Mr. President, I request temporary Capitol leaves for Senator Furno, Senator Jones, and Senator Williams~ and legislative leaves for Senator Hughes, Senator Musto, Senator Stewart, and Senator Stout. The PRESIDENT. Senator Bodack requests temporary Capitol leaves for Senator Furno, Senator Jones, and Senator Williams~ and legislative leaves for Senator Hughes, Senator Musto, Senator Stewart, and Senator Stout. Without objection, those leaves will be granted. LEAVE OF ABSENCE Senator LOEPER asked and obtained leave of absence for Senator PETERSON, for today's Session, for personal reasons. SENATE CONCURRENT RESOLUTION RECESS ADJOURNMENT Senator LOEPER offered the following resolution, which was read as follows: In the Senate, March 20, 1995 RESOLYED, (the House of Representatives concurring), That when the Senate adjourns this week it reconvene on Tuesday, April 18, 1995, unless sooner recalled by the President Pro Tempore of the Senate; and be it further

5 1995 LEGISLATIVE JOURNAL - SENATE 281 RESOLYED, That when the House of Representatives adjourns this week it reconvene on Tuesday, April 18, 1995, unless sooner recalled by the Speaker of the House of Representatives. On the question, Will the Senate adopt the resolution? The yeas and nays were required by Senator LOEPER and were as follows, viz: YEAS-49 Afflerbach Gerlach Loeper Shaffer Andrezeski Greenleaf Madigan Shumaker Armstrong Hart Mellow Stapleton Baker Heckler Mowery Stewart Belan Helfrick Musto Stout Bell Holl O'Pake Tartaglione Bodack Hughes Porterfield Tilghman Brightbill Jones Punt Tomlinson Corman Jubelirer Rhoades Uliana Dawida Kasunic Robbins Wagner Delp LaValle Salvatore Wenger Fisher Lemmond Schwartz Williams Fumo NAYS-{) A majority of the Senators having voted "aye", the question was detennined in the affinnative, and the resolution was adopted. Ordered, That the SecretaIy of the Senate present the same to the House of Representatives for concurrence. LEGISLATIVE LEAVE CANCELLED The PRESIDENT. Senator Furno is back from leave, and his leave is cancelled. SPECIAL ORDER OF BUSINESS GUEST OF SENATOR NOAH W. WENGER PRESENTED TO THE SENATE The PRESIDENT. For the purpose of introducing a guest, the Chair recognizes the gentleman from Lancaster, Senator Wenger. Senator WENGER. Mr. President, it is my pleasure today to introduce Michael Yarnell, a special guest of mine in the gallery who is a senior home schooler in the Cocalico School District in Lancaster County. Michael is a pianist, and he likes to read and play chess. I would appreciate the Senate giving a warm welcome to Michael, who is visiting the Senate today to observe the workings of the Senate here at the State Capitol. The PRESIDENT. Would the guest of Senator Wenger please rise so that the Senate can give you its usual warm welcome. (Applause.) RECESS The PRESIDENT. The Chair recognizes the gentleman from Delaware, Senator Loeper. Senator LOEPER. Mr. President, at this time I would request a recess of the Senate for the purpose of a Republican caucus to begin immediately in the first floor caucus room, with an expectation of returning to the floor at approximately 4 o'clock. The PRESIDENT. The Chair recognizes the gentleman from Allegheny, Senator Bodack. Senator BODACK. Mr. President, I would ask all Meni>ers of the Democratic Caucus to ftnd their way back to the Democratic caucus room at the rear of the Chamber. The PRESIDENT. Senator Loeper requests a recess for the purpose of a Republican caucus to be held in the ftrst floor caucus room, with the intention of reconvening at approximately 4 p.m Senator Bodack requests that the Senate be in recess for the purpose of a Democratic caucus to begin immediately in the rear of the Chamber. The Senate will stand in recess. AFTER RECESS The PRESIDENT pro tempore (Robert C. Jubelirer) in the Chair. The PRESIDENT pro tempore. The time of recess having expired, the Senate will come to order. LEGISLATIVE LEAVES The PRESIDENT pro tempore. The Chair recognizes the gentleman from Lackawanna, Senator Mellow. Senator MELLOW Mr. President, I request temporary Capitol leaves for Senator Afflerbach, Senator Dawida, Senator Furno, and Senator Stapleton. The PRESIDENT pro tempore. Senator Mellow requests temporary Capitol leaves for Senator Afflerbach, Senator Dawida, Senator Furno, and Senator Stapleton Without objection, those leaves will be granted. The Chair recognizes the gentleman from Delaware, Senator Loeper. Senator LOEPER. Mr. President, I also request a temporary Capitol leave for Senator Heckler, who has been called from the floor. The PRESIDENT pro tempore. Senator Loeper requests a temporary Capitol leave for Senator Heckler. Without objection, that leave will also be granted. LEGISLATIVE LEAVES CANCELLED The PRESIDENT pro tempore. The Chair notes the presence on the floor of Senator Stout, Senator Shumaker, and Senator Williams. Their leaves will be cancelled. CALENDAR THIRD CONSIDERATION CALENDAR PREFERRED APPROPRIATIONS BILLS ON THIRD CONSIDERATION AND FINAL PASSAGE SB 753 (pr. No. 790) -- The Senate proceeded to consideration

6 282 LEGISLATIVE JOURNAL - SENATE MARCH 20, An Act making appropriations from a restricted revenue account within the General Fund and from Federal augmentation funds to the Pennsylvania Public Utility Commission. C<]iDsidered the third time and agreed to, On the question, Shall the bill pass finally? The yeas and nays were taken agreeably to the provisions of th :: Constitution and were as follows, viz: Aftlerbach Andrezeski Armstrong Baker Belan Bell Bodack Brightbill Connan Dawidll Delp Fisher Furno A constitutional majority of all the Senators having voted "aye," the question was determined in the affirmative. Ordered, That the Secretary of the Senate present said bill to the House of Representatives for concurrence. SB 754 (pr. No. 791) - The Senate proceeded to consideration. An Act making an appropriation from a restricted revenue account within the General Fund to the Office ofconsumer Advocate in the Office of Attorney General. Considered the third time and agreed to, On the question, Shall the bill pass finally? The yeas and nays were taken agreeably to the provisions of th :: Constitution and were as follows, viz: Afflerbach Andrezeski Annstrong Baker Belan Bell Bodack Brightbill Connan Dawidll Delp Fisher Furno Gerlach Greenleaf Hart Heckler Helfrick Holl Hughes Jones Jubelirer Kasunic LaValle Lemmond Gerlach Greenleaf Hart Heckler Helfrick Holl Hughes Jones Jubelirer Kasunic LaValle Lemmond YEAS-49 Loeper Madigan Mellow Mowery Musto Q'Pake Porterfield Punt Rhoades Robbins Salvatore Schwartz NAYS~ YEAS-49 Loeper Madigan Mellow Mowery Musto Q'Pake Porterfield Punt Rhoades Robbins Salvatore Schwartz NAYS~ Shaffer Shumaker Stapleton Stewart Stout Tartaglione Tilghman Tomlinson Uliana Wagner Wenger Williams Shaffer Shumaker Stapleton Stewart Stout Tartaglione Tilghman Tomlinson Uliana Wagner Wenger Williams A constitutional majority of all the Senators having voted "aye," the question was determined in the affirmative. Ordered, That the Secretary of the Senate present said bill to the House of Representatives for concurrence. SB 755 (pr. No. 792) - The Senate proceeded to consideration An Act making an appropriation from a restricted revenue account within the General Ftmd to the Office of Small Business Advocate in the Department of Commerce. Considered the third time and agreed to, On the question, Shall the bill pass finally? The yeas and nays were taken agreeably to the provisions of the Constitution and were as follows, viz: YEAS-49 Afflerbach Gerlach Loeper Shaffer Andrezeski Greenleaf Madigan Shumaker Annstrong Hart Mellow Stapleton Baker Heckler Mowery Stewart Belan Helfrick Musto Stout Bell Holl Q'Pake Tartaglione Bodack Hughes Porterfield TIlghman Brightbill Jones Punt Tomlinson Connan Jubelirer Rhoades Uliana Dawida Kasunic Robbins Wagner Delp LaValle Salvatore Wenger Fisher Lemmond Schwartz Williams Furno NAYS~ A constitutional majority of all the Senators having voted "aye," the question was determined in the affirmative. Ordered, That the Secretary of the Senate present said bill to the House of Representatives for concurrence. SECOND CONSIDERATION CALENDAR BILL OVER IN ORDER SB Without objection, the bill was passed over in its order at the request of Senator LOEPER. BILL ON SECOND CONSIDERATION SB 223 (pr. No. 229) - The Senate proceeded to consideration An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, further providing for criminal trespass. Considered the second time and agreed to, Ordered, To be printed on the Calendar for third consideration. BILLS OVER IN ORDER DB 276 and SB Without objection, the bills were passed over in their order at the request of Senator LOEPER.

7 1995 LEGISLATIVE JOURNAL - SENATE 283 BILLS REREFERRED SB 392 (pr. No. 405) - The Senate proceeded to consideration An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, providing for the imposition of costs. Upon motion of Senator LOEPER, and agreed to, the bill was rereferred to the Committee on Appropriations. SB 537 (pr. No. 561) - The Senate proceeded to consideration An Act amending Title 66 (Public Utilities) of the Pennsylvania Consolidated Statutes, providing for identification of certain calls from jails and correctional institutions. Upon motion of Senator LOEPER, and agreed to, the bill was rereferred to the Committee on Appropriations. BILL OVER IN ORDER DB Without objection, the bill was passed over in its order at the request of Senator LOEPER. LEGISLATIVE LEAVE CANCELLED The PRESIDENT pro tempore. The Chair notes the presence on the floor of Senator Jones. Her temporal)' Capitol leave will be cancelled. SECOND CONSIDERATION CALENDAR RESUMED BILLS ON SECOND CONSIDERATION sa 655 (pr. No. 687) - The Senate proceeded to consideration An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, further providing for manufacture, distribution or possession of devices for theft of telecommunications services. Considered the second time and agreed to, Ordered, To be printed on the Calendar for third consideration. SB 729 (pr. No. 766) -- The Senate proceeded to consideration An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, further providing for the offense ofpossessing instruments of crime. Considered the second time and agreed to, Ordered, To be printed on the Calendar for third consideration. RECESS The PRESIDENT pro tempore. The Chair recognizes the gentleman from Delaware, Senator Loeper. Senator LOEPER. Mr. President, at this time I request a vel)' brief recess of the Senate for the purpose of a meeting of the Committee on Rules and Executive Nominations to take place immediately in the Rules room at the rear of the Senate Chamber. The PRESIDENT pro tempore. Senator Loeper requests a brief recess of the Senate for the purpose of a meeting of the Committee on Rules and Executive Nominations in the Rules room at the rear of the Senate Chamber. For that purpose, the Senate will stand in recess. AFTER RECESS The PRESIDENT pro tempore. The time of recess having expired, the Senate will come to order. REPORT FROM COMMITTEE ON RULES AND EXECUTIVE NOMINATIONS Senator SALVATORE from the Committee on Rules and Executive Nominations reported the following nominations made by His Excellency, the of the Commonwealth, which were read by the Clerk as follows: SECRETARY OF AGRICULTURE Pennsylvania: Febnuuy 27, 1995 the advice and consent of the Senate, Charles C. Brosius, 233 Wilson Road, West Grove 19390, Chester County, Nineteenth Senatorial District, for appointment as Secretary of Agriculture, to serve until the third Tuesday of January 1999 and until his successor shall have been appointed and qualified, vice The Honorable Boyd E. Wolff, Harrisburg, whose tenn expired. THOMAS 1. RIDGE SECRETARY OF THE COMMONWEALlH Pennsylvania: January 17, 1995 the advice and consent of the Senate, Yvette Kane, 506 Partridge Court, Mechanicsburg 17055, Cumberland County, Thirty-frrst Senatorial District, for appointment as Secretary of the Commonwealth, to serve until superseded, vice The Honorable Robert N. Grant, Mechanicsburg, whose tenn expired. THOMAS 1. RIDGE SECRETARY OF COMMUNITY AFFAIRS Pennsylvania: Febnuuy 3, 1995 the advice and consent of the Senate, William C. Bostic, 385 Valleybrook Drive, Lancaster 1760I, Lancaster County, Thirteenth Senatorial District, for appointment as Secretary of Community Affairs, to serve until the third Tuesday of January 1999 and until his

8 284 LEGISLATIVE JOURNAL - SENATE MARCH 20, successor shall have been appointed and qualified, vice The Honorable Raymond S. Angeli, Peckville, resigned. THOMAS 1. RIDGE COMMISSIONER OF THE PENNSYLVANIA STAlE POLICE Pli::nnsylvania: February 27, 1995 the advice and consent of the Senate, Major Paul 1. Evanko, 1131 Eliza1;x:th Comt, Harrisbutg 17112, Dauphin County, Fifteenth Senat0 rial District, for appointment as Commissioner of the Pennsylvania State Police, to serve until the third Tuesday of January 1999 and until his successor shall have been appointed and qualified, vice The Honorable Glenn A. Walp, Hershey, whose term expired. THOMAS 1. RIDGE SECRETARY OF CORRECTIONS Pennsylvania: February 6, 1995 the advice and consent of the Senate, Martin F. Hom, 16 Lyons Avenue, Delmar, New Yolk 12054, for appointment as Secretary of Corrections, to serve until the third Tuesday of January 1999 and until his successor shall have been appointed and qualified, vice Joseph D. Lehman, Mechanicsburg, whose term expired. THOMAS 1. RIDGE SECRETARY OF HEALlH Pennsylvania: February 27, 1995 the advice and consent of the Senate, Peter J. Jannetta, MD., D.Sc., High Meadow Fann, Box 55, Rector 15677, Westmoreland County, Thirty-second Senatorial District, for appointment as Secretary of Health, to serve until the third Tuesday of January 1999 and until his successor shall have been appointed and qualified, vice Allan S. Noonan, M.D., Harrisburg, whose term expired. THOMAS 1. RIDGE NOMINATIONS LAID ON THE TABLE Senator SALVATORE. Mr. President, I request that the nominations just read by the Clerk be laid on the table. The PRESIDENT pro tempore. The nominations will be laid on the table. UNFINISHED BUSINESS SENATE RESOLUTION MEMORIALIZING THE GOVERNOR TO PROCLAIM THE EIGHT DAYS OF APRIL 23 THROUGH APRIL 30, 1995, AS "DAYS OF REMEMBRANCE OF THE VICTIMS OF THE HOLOCAUST" Senators SALVATORE, JUBELIRER, SCHWARTZ, LA VALLE, DAWIDA, WEN<JER, HELFRICK, BELAN, TAR TAGLIONE, RHOADES, SHUMAKER, BAKER, DELP, MELLOW, HART, KASUNIC, MUSTO, O'PAKE, GER LACH, BRIGHTBILL, AFFLERBACH, JONES, BELL, HECKLER, MADIGAN, PElERSON and HUGHES, by unanimous consent, offered the following resolution (Senate Res0 lution No. 27, which was read, considered and adopted: In the Senate, March 20, 1995 A RESOLlJfION Memorializing the to proclaim the eight days of April 23 through April 30, 1995, as ''Days of Remembrance of the Victims of the Holocaust." WHEREAS, From 1933 to 1945, six million Jews were murdered in the Nazi Holocaust as part of a systematic pogrom of genocide, and millions of other people perished as victims of Nazism; and WHEREAS, The people of this Commonwealth should always remember the atrocities committed by the Nazis so that such horrors should never be repeated and should continually rededicate themselves to the principle of equal justice for all people; and WHEREAS, The people of this Commonwealth should remain eternally vigilant against all tyranny and should recognize that bigotry provides a breeding ground for tyranny to flourish; and WHEREAS, The Department of Education in 1990 published "The Holocausi-A Guide for Pennsylvania Teachers" in cooperation with the Pennsylvania Jewish Coalition and is updating that publication in 1995; and WHEREAS, Publications of this type are useful and important tools to educate our teachers and their students in eliminating the prejudice and bigotry which lead to discrimination, persecution and, ultimately, to genocide; and WHEREAS, April 27, 1995, has been designated internationally as a "Day of Remembrance of Victims of the Nazi Holocaust," known as Yom Hashoah; and WHEREAS, It is appropriate for the people of this Commonwealth to join in the international commemoration; therefore be it RESOLVED, That the Senate memorialize Thomas Ridge to proclaim the eight days of April 23 through April 30, 1995, as "Days of Remembrance of the Victims of the Holocaust" in memory of the victims of the Holocaust in the hope that we will strive always to overcome prejudice and inhwnanity through education, vigilance and resistance; and be it further RESOLVED, That the Senate memorialize the to support the continued promotion and distribution of "The Holocaust-A Guide for Pennsylvania Teachers" in schools ofthis Commonwealth. PERMISSION TO ADDRESS SENATE Senator BODACK asked and obtained unanimous consent to address the Senate. The PRESIDENT pro tempore. The Chair recognizes the gentleman from Allegheny, Senator Bodack.

9 1995 LEGISLATIVE JOURNAL - SENATE 285 Senator BODACK. Mr. President, I rise to introduce a resolution This resolution establishes a study commission to 190k into the mandates that the Commonwealth has promulgated on counties and localities. I would ask also, Mr. President, that you leave the desk open so that any Members wishing to sign on may do so before they leave the Chamber. RESOLUTION IN PLACE Senator BODACK presented to the Chair a resolution. CONGRATULATORY RESOLUTIONS The PRESIDENT pro tempore laid before the Senate the following resolutions, which were read, considered and adopted: Congratulations ofthe Senate were extended to Be.yamin E. Faber by Senator Bell. Congratulations of the Senate were extended to Robert F. Pultorak and to Russell L. Riegel by Senator Greenleaf. Congratulations of the Senate were extended to Carol Miller and to Cheryl Milgram by Senators Greenleaf and Holi. Congratulations of the Senate were extended to Chad Colwell by Senator Helfrick. Congratulations of the Senate were extended to Carl Wismer and to Katie DiMario by Senator Holi. Congratulations of the Senate were extended to Joan Myers Brown, University City High School Girls Basketball Team of Philadelphia, University City High School Boys Basketball Team of Philadelphia and to Top Ladies of Distinction, Inc., ofphiladelphia by Senator Hughes. Congratulations of the Senate were extended to Mr. and Mrs. Herman Petty, Mr. and Mrs. Howard A. Flansburg, Mr. and Mrs. Walter T. Snarcavage, Mr. and Mrs. Graydon Mayer, Anson Tiffany, Prudence Clcuk, Viola Reich, GeOlge Sine and to the Forty Fort United Presbyterian Church by Senator Lemmond. Congratulations of the Senate were extended to Mr. and Mrs. William E. Winner, Sr., Mr. and Mrs. Wayne C. Copley, Mr. and Mrs. Lester J. Fullmer, Mr. and Mrs. Louis Manikowski, Lura Connelly Maine and to Union Grange No. 155 of Troy by Senator Madigan. Congratulations of the Senate were extended to Matt Geeza by Senator Mellow. Congratulations of the Senate were extended to the members offleetwood Grange No ofoverseer by Senator O'Pake. Congratulations of the Senate were extended to Carrell Rainey by Senator Peterson. Congratulations of the Senate were extended to Mr. and Mrs. Gilbert Stevenson and to Reverend John F. Murtha by Senator Porterfield. Congratulations of the Senate were extended to the Chambersburg Lions Club by Senator Punt. Congratulations of the Senate were extended to Raphael O'Gorman by Senator Rhoades. Congratulations of the Senate were extended to Philadelphia's Children and Youth Division by Senator Schwartz. Congratulations of the Senate were extended to Clarion Area Jaycees by Senator Shaffer. Congratulations of the Senate were extended to Mr. and Mrs. Louis O'Neal by Senator Shumaker. Congratulations of the Senate were extended to Catherine Shoenthal by Senator Stewart. Congratulations of the Senate were extended to Andrew R Notarfrancesco by Senator Tartaglione. Congratulations of the Senate were extended to MaJguerite Crouthamel by Senator Uliana. Congratulations of the Senate were extended to Charles William Lind by Senator Wagner. CONDOLENCE RESOLUTION The PRESIDENT pro tempore laid before the Senate the following resolution, which was read, considered and adopted: Condolences of the Senate were extended to the family of the late Saint Aretha Smith by Senator Jones. POSTHUMOUS CITATION The PRESIDENT pro tempore laid before the Senate the following citation, which was read, considered and adopted: A posthumous citation honoring the late William 1. Tepsic was extended to the family by Senator Fisher. PETITIONS AND REMONSTRANCES The PRESIDENT pro tempore. The Chair recognizes the gentleman from Allegheny, Senator Bodack. Senator BODACK. Mr. President, in the past several months there has been a groundswell of interest on the whole issue of unfunded mandates, and I have today, as I have previously done, introduced a resolution aimed at identifying and dealing with this very vital issue that exists right here in Pennsylvania. Mr. President, you will recall that last Thursday it appeared that our brethren in Washington finally woke up, sending President Clinton a piece of legislation that was aimed at cwbing the unfunded mandate abuse which was imposed by the Federal government on down to the States and the local jurisdictions throughout the nation. That measure, while not as all-encompassing as many of us would have liked, nevertheless is a start in the direction of fiscal responsibility and accountability on the part of our Federal government. It simply states that the cost to the States of any new Big Brother dictate from Washington, D.C., must be identified by the Congressional Budget Office at the time that the proposal is considered. What is more, this Federal legislation that President Clinton has said he will sign requires that the Federal government pay for any new mandate which carries a price tag to the States and the local governments of $50 million or more. As I said, Mr. President, it is not perfect, but it is a start. And here in Pennsylvania, meanwhile, I am really heartened by the fact that our new, Tom Ridge, appears to have taken a strong position on the unfunded mandates issue as well. During his campaign and since taking office, Ridge has indicated his opposition to new and costly unfunded

10 286 LEGISLATIVE JOURNAL - SENATE MARCH 20, mandates by the State, mandates that would be put on the backs of our local governments and the local real estate taxpayers. As a matter of fact, it was just a year ago this month, as his gubernatorial campaign was just swinging into gear, that then Congressman Ridge was quoted in the Philadelphia Inquirer as pledging that, if elected, he would, quote, "relieve growing pressure on local property taxes with relief from costly state mandates." He said in the same March 29, 1994, article that he would "place a moratorium on new state mandates." And following the election, as our -elect, Mr. Ridge" prepared to take his oath of office, I was happy to read his comments in the Harrisbwg Patriot News when he said on Januaxy 7, and I quote, "I do not believe the Commonwealth of Pennsylvania ought to push down to the school districts, the counties, or the cities any mandates they are not willing to pay for. There should not be any that originate in Harrisburg without the money to pay for it." But beyond that pledge, Mr. President, I have thus far been impressed by our new Governots commitment to live by those words. One such example came in the wake of what I would have to describe as the irresponsible action by the Republican Majolity in the Senate, because its first order of legislative business during this new Session was to I3Itl through a bill that would have dictated the creation of smne 30 new county court judgeships around Pennsylvania without providing the necessary funds to pay for those new added judgeships. Following the Senate's action, the bill was scuttled in the House, not the least of which was because Ridge strongly hinted that he might veto the judge bill because ofthe added expenses to the county and because Members of his own party in this Senan: had refused to agree to the amendments I had proposed to provide the necessmy funding. At the tiine, Ridge, in televised remaiks to the Pennsylvania Newspaper Publishers Association, noted that county commissioners of both parties had told him, and I quote again, "If you are not going to send us the:: money, don't send us the judgeships." Mr. President, I am here today to tell you that those of us on this side of the aisle, while we might not always agree with all of our new 's priorities on budgetary matters, or othenvise, we are. prepared to help our new keep his promise of "no money, no mandates," because this is not, nor should it be, a partisan issue. This is an issue of fiscal responsibility. It is an issue of accountability. This is an issue of paying for the programs and services we tell our local jurisdictions that they must provide. It is in keeping, Mr. President, with the comments of my good friend, the gentleman from Allegheny, Senator Fisher, when in considering on February 6 his proposed resolution calling for a conference of States on the issue of unfunded Federal mandates, he agreed that Pennsylvania State government should also be acting to take a hard look at what we, at the State level, foist in terms of costly and excessive burdens on local government. Mr. President, IIIy resolution calls for the creation of a special five-member joint legislative committee of the Senate and the House, a committee on llllfunded mandates. The chaige of this committee is very simple. It would identify and quantify, with the staff assistance of the Pennsylvania Local Government Commission, all unftmded mandates imposed on Pennsylvania's units of local government, because right now, Mr. President, Pennsylvania State government has no accurate accounting of the unfunded mandates that were either enacted by law or which we have been imposing upon our executive branch regulations. Mr. President, my resolution will help us to achieve such an accounting as we work to fully fund or to curtail the local programs and services that State government requires. Mr. President, government at the Federal and State levels must learn to stop passing the buck without passing the bucks to pay for what it dictates. It is tiine to match our words with our actions. It is tiine to restod a higher degree of accountability and responsibility for what we do. Our citizens, Mr. President, are demanding as much, and they deserve no less. Thank you, Mr. President. The PRESIDENT pro tempore. The Chair recognizes the gentleman from Delaware, SenatorLoeper. Senator LOEPER. Mr. President, the gentleman indicated that he was going to introduce a resolution on unfunded tnandates, and I applaud him for his efforts in doing so and invite cosponsorship on that resolution However, I would just simply remind the gentletnan that as I heard some of the remaiks that he made relative to the judges' bill, for example, that we considered here on the Senate floor, I think if he were to reflect back on some of the debate that took place at the tiine that bill was before us on the floor that he would find in the last Session of the Genernl Assembly that it was by a substantially bipartisan vote that that bill passed this Senate and went on to the House of Representatives where, unfortunately, it was not considered because of certain amendments that were added in the last night of the last Session. But I applaud the gentleman for his efforts, Mr. President. I think that the general concept of unfunded mandates is one that we all applaud. We support the in his efforts to curtail the unfunded mandates that are passed on to our local communities, and particularly even our school districts, unfunded mandates that we seem to consistently pass on to our local school districts. In light of the gentleman's remarks, I would certainly hope that he will support bills that are in our Committee on Labor and Industry at this point, for example, unfunded mandates to our school districts dealing with prevailing wage, and I am certain that when those bills come up we can look forward to the gentleman's support. Thank you, Mr. President. ANNOUNCEMENTS BY THE SECRETARY The following announcements were read by the SecretaIy of the Senate: 9:30 AM. SENATE OF PENNSYLVANIA COMMITIEE MEETINGS TUESDAY, MARCH 21, 1995 CONSUMER PROTECTION AND PROFESSIONAL LICENSURE (to consider Senate Bills No. 150, 433, Room 8E-B East Wing

11 1995 LEGISLATIVE JOURNAL - SENATE and 72S; Final Regulation Nos. S7-3:30 P.M. APPROPRIATIONS (Budget Hearing Majority 127 PUC, 16A-S71 Vet. Bd., 16A-471 Historical and Museum Commission) Caucus Room Prof. Engin. Bd., 16A-461 Dental Bd., 16A-701 Real Estate App. Bd., and 16A- S:30 P.M. PUBLIC HEALTII AND WELFARE Crispus 431 Chiro, Bd.) (public hearing on welfare reform) Aauclcs, York 10:00 AM. njdiciary (to consider Special Room 8E-A TIlURSDAY, MARCH Session Senate Bill No. 81: Special East Wing 9:00 AM. APPROPRIATIONS (Budget Hearing Majority Session House Bill No.3; and the - Department of Community Affairs) Caucus Room nominations of D. Donald Jamieson, Esq. and William C. Sennett, Esq. for 10:00 AM. APPROPRIATIONS (Budget Hearing Majority Justice, Supreme Court of Pennsylvania) - Liquor Control Board) Caucus Room 10:00 AM. WEDNESDAY, MARCH 22, :00 AM. APPROPRIATIONS (Budget Hearing Majority AGRICULTIJRE AND RURAL Majority - Department of Aging) Caucus Room AFFAIRS (to consider the interaction Caucus Room 1:00 P.M. APPROPRIATIONS (Budget Hearing Majority of Pennsylvania's Horse Racing Industry - 's Office) Caucus Room with the agriculture community) 2:30 P.M. APPROPRIATIONS (Budget Hearing Majority MONDAY. MARCH Auditor General) Caucus Room 9:30 AM. APPROPRIATIONS (Budget Hearing Majority 3:1S P.M. APPROPRIATIONS (Budget Hearing Majority - Secretary Bittenbender --Overall Caucus Room - Department of Military Affairs) Caucus Room Economic Outlook and Perspective) MONDAY, APRIL 3, :00 P.M. APPROPRIATIONS (Budget Hearlt1g Majority - Department of Health) Caucus Room 9:30 AM. APPROPRIATIONS (Budget Hearing Majority - Department of State) Caucus Room 2:30 P.M. APPROPRIATIONS (Budget Hearing Majority - Department of Commerce) Caucus Room 10:30 AM. APPROPRIATIONS (Budget Hearing Majority -Department of Labor and Industry) Caucus Room 6:00 P.M. PUBLIC HEALTII AND WELFARE Bethlehem (public hearing on welfare reform) City Hall 1:00 P.M. APPROPRIATIONS (Budget Hearing Majority Bethlehem - Department of Public Welfare) Caucus Room TIJESDAY, MARCH 28, 1995 TIJESDAY, APRIL :00 AM. APPROPRIATIONS (Budget Hearing Majority 9:00 A.M. APPROPRIATIONS (Budget Hearing Majority - State System of Higher Education) Caucus Room - Department of Transportation) Caucus Room 10:30 AM. APPROPRIATIONS (Budget Hearing Majority 1:00 P.M. APPROPRIATIONS (Budget Hearing Majority - University of Pittsburgh) Caucus Room - Department of Environmental Caucus Room Resources) 1:00 P.M. APPROPRIATIONS (Budget Hearing Majority - Temple University) Caucus Room WEDNESDAY, APRIL S :00 P.M. TRANSPORTATION (public Room 461 9:00 AM. APPROPRIATIONS (Budget Hearing Majority hearing to consider 6S mile per Main Capitol - Pennsylvania State Police) Caucus Room hour speed limit legislation) 10;30 A.M. APPROPRIATIONS (Budget Hearing Majority 2:00 P.M. APPROPRIATIONS (Budget Hearing Majority - Department of Education) Caucus Room - Lincoln University) Caucus Room S:30 P.M. PUBLIC HEALTH AND WELFARE Nittany Lion 3:00 P.M. APPROPRIATIONS (Budget Hearing Majority (public hearing on welfare reform) Inn, State - Penn State University) Caucus Room College, PA WEDNESDAY, MARCH TIlURSDAY, APRIL 6, :00 AM. APPROPRIATIONS (Budget Hearing Majority 9:00 AM. APPROPRIATIONS (Budget Hearing Majority - Department of Corrections) Caucus Room - Department of Agriculture) Caucus Room 10:30 A.M. APPROPRIATIONS (Budget Hearing Majority 10:00 AM. APPROPRIATIONS (Budget Hearing Majority - Department of Insurance) Caucus Room - PA Emergency Management Agency) Caucus Room 1:00 P.M. APPROPRIATIONS (Budget Hearing Majority 11:00 A.M. APPROPRIATIONS (Budget Hearing Majority - Judiciary) Caucus Room - Treasurer) Caucus Room 2:30 P.M. APPROPRIATIONS (Budget Hearing Majority 1:00 P.M. APPROPRIATIONS (Budget Hearing Majority - Department of Revenue) Caucus Room - Attorney General) Caucus Room 2:00 P.M. APPROPRIATIONS (Budget Hearing Majority - Department of General Services) Caucus Room

12 288 LEGISLATIVE JOURNAL - SENATE MARCH 20, MONDAY. APRIL :00 A.M. PUBLIC REALTII AND WELFARE (public hearing on welfare reform) TIJESDAY, APRIL 11, 1995 PUBLIC HEALTII AND WELFARE (public hearing on welfare reform) ADJOURNMENT University of Pittsburgh Medical Ctr. Pittsburgh,PA Warren Public Library Warren,PA Senator LOEPER. Mr. President, I move that the Senate do now adjourn until Tuesday, March 21, 1995, at 11 a.m.. Eastern Standard Time. The motion was agreed to. The Senate adjourned at 6:20 p.m., Eastern Standard Time.