1J.kgislatifr JJllurnal

Transcription

1 COMMONWEALTH OF PENNSYLVANIA 1J.kgislatifr JJllurnal MONDAY, MARCH 17, 1997 SESSION OF ST OF THE GENERAL ASSEMBLY No. 15 SENATE MONDAY, March 17,1997 The Senate met at 2 p.m., Eastern Standard Time. The PRESIDENT (Lieutenant Mark S. Schweiker) in the Chair. PRAYER The Chaplain, Reverend Canon THOMAS W. S. LOGAN, Sr., ofyeadon, offered the following prayer: May we be in silence ofprayer. Almighty and creative God, the Father ofall mankind, whom we know in many ways and in many traditions, send down upon those who hold office in this Commonwealth the spirit ofwisdom, charity, andjustice. We pray that they may be faithful to serve Thee in theirvarious offices, to promote the will andthe well-being of all citizens. May they account to You for all the power and privilege granted to them. Give bread, we pray, to those who have hunger, and hunger ofthee, Lord, to those who have bread. Help these ofthe Senate to channel Your message ofreason, justice, and love to all citizens ofthis great Commonwealth. These things we ask faithful in Your name, so, Lord, it be. Amen. The PRESIDENT. The Chairthanks Reverend Logan, who is the guest today ofsenator Hughes. JOURNAL APPROVED The PRESIDENT. A quorum ofthe Senate being present, the Clerk will read the Journal ofthe preceding Session ofmarch 12, The Clerk proceeded to read the Journal of the preceding Session, when, on motion ofsenator 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 BOARD OF TRUSTEES OF SELINSGROVE CENTER March 12, 1997 the advice and consent ofthe Senate, Stanley R. Saylor, P. O. Box 161, Beaver Springs 17812, Snyder County, Twenty-seventh Senatorial District, for reappointment as a member ofthe Board oftrustees of Selinsgrove Center, to serve until the third Tuesday ofjanuary 2003, and until his successor is appointed and qualified. THOMAS 1. RIDGE MEMBER OF THE BOARD OF TRUSTEES OF SELINSGROVE CENTER March 12, 1997 the advice and consent of the Senate, Irvin A. Sigafoos, 117 Tenth Avenue, Shamokin Dam 17876, Snyder County, Twenty-seventh Senatorial District, for appointment as a member ofthe Board oftrustees ofselinsgrove Center, to serve until the third Tuesday ofjanuary 2003, and until his successor is appointed and qualified, vice Douglas M. Garrison, Beaver Springs, whose term expired. THOMAS 1. RIDGE MEMBER OF THE BOARD OF TRUSTEES OF WARREN STATE HOSPITAL March 12, 1997 the advice and consent of the Senate, Robert Sokolski, 204 Pamela Drive, Warren 16365, Warren County, Twenty-fifth Senatorial District, for appointment as a member ofthe Board oftrustees ofwarren State Hospital, to serve until the third Tuesday ofjanuary 2003, and until his successor is appointed and qualified, vice Raymond F. Feroz, Ph.D., Seneca, whose term expired. THOMAS 1. RIDGE

2 238 LEGISLATIVE JOURNAL - SENATE MARCH 17, DISTRICT JUSTICE March 13, 1997 the advice and consent ofthe Senate, Jill Asher, 660 Boas Street, Town House Apartments, Harrisburg 17102, Dauphin County, Fifteenth Senatorial District, for appointment as District Justice, in and for the Cmmty ofmontgomery, Magisterial District , to serve until the first Monday ofjanuary 1998, vice Donald o. Riehl, mandatory retirement. THOMAS 1. RIDGE MEMBER OF TIIE COUNCIL OF TRUSTEES OF SLIPPERY ROCK UNIVERSITY OF PENNSYLVANIA OF TIIE STATE SYSTEM OF HIGHER EDUCATION March 14, 1997 In conformity with law, I have the honor hereby to nominate for the advice and consent ofthe Senate, Dennis E. Murray, D.Ed., 219 Stonehedge Road, Hollidaysburg 16648, Blair County, Thirtieth Senatorial District, for appointment as a member ofthe Council oftrustees of Slippery Rock University of Pennsylvania of the State System of Higher Education, to serve until the third Tuesday of January 2003, and until his successor is appointed and qualified, vice Donald S. Kelly, Slippery Rock, whose term expired. THOMAS J. RIDGE HOUSE MESSAGES BOUSE CONCURS IN SENATE BILL The Clerk of the House of Representatives returned to the Senate SB 65, with the infonnation the House has passed the same without amendments. BOUSE BILLS FOR CONCURRENCE The Clerk ofthe House ofrepresentatives presented to the Senate thefollowing bills for concurrence, which were referred to the committees indicated: March BB Committee on Judiciary. March 17, 1997 BB Committee on Finance. BILLS INTRODUCED AND REFERRED ThePRESIDENT laidbefore the Senate the following Senate Bills numbered, entitled, and referred as follows, which were read by the Clerk: March Senators THOMPSON, ROBBINS, CORMAN, STOUT and AFFLERBACH presentedto the ChairSB 677, entitled: An Act amending the act ofmarch 4, 1971 (P.L.6, No.2), entitled Tax Refmm Code of1971, further providing for evidence ofreal estate tax payment for purposes ofinheritance and estatetax. Which was committed to the Committee on FINANCE, Senators AFFLERBACH, BELL, WILLIAMS, HELFRICK, KUKOVICH, KITCHEN, GERLACH, BODACK, MUSTO, WOZNIAK, BELAN, TOMLINSON, TARTAGLIONE and SCHWARTZ presented to the Chair SB 678, entitled: An Act amending the act ofjune 13, 1967 (P.L. 31, No.21), entitled Public Welfare Code, further providing for eligibility for certain medical assistance. Which was committed to the Committee on PUBLIC HEALTH AND WELFARE, March 13,1997. Senators CORMAN, SALVATORE, MOWERY, AF FLERBACH, RHOADES, MUSTO, GERLACH, PUNT, O'PAKE, WILLIAMS, COSTA, MURPHY and HART presented to the Chair SB 679, entitled: An Act providing for treatment ofpsychological problems in health care facilities. Which was committed to the Committee on PUBLIC HEALTH AND WELFARE, Senator SCHWARTZ presented to the Chair SB 680, entitled: An Act amending the act ofjune 29, 1996 (P.L., No. la), entitled General Appropriation Act of 1996, providing an additional State appropriation to the Department ofpublic Welfare for day care. Which was committed to the Committee on APPROPRIA TIONS, Senator SCHWARTZ presented to the Chair SB 681, entitled: An Act amending the act ofjune 29, 1996 (p.l., No. la), entitled General Appropriation Act of1996, providing an additional Federal appropriation to the Department ofpublic Welfare for day care. Which was committed to the Committee on APPROPRIA TIONS, Senators WENGER, MADIGAN, DELP, GERLACH, STAPLETON, O'PAKE, HELFRICK, HECKLER, KUKOVICH, ARMSlRONG, RHOADES, THOMPSON, ROB BINS and KASUNIC presented to the Chair SB 682, entitled: An Act amending the act of June 10, 1982 (P.L.454, No.133), entitled "An act protecting agricultural operations from nuisance suits and ordinances under certain circumstances," further providing for limitation on public nuisances. Which was committed to the Committee on AGRICULTURE AND RURAL AFFAIRS,

3 1997 LEGISLATIVE JOURNAL - SENATE 239 Senators COSTA, HART, MELLOW, BODACK, BELAN, MURPHY, KUKOVICH, WILLIAMS, WAGNER, LAVALLE, SALVATORE, MUSTO, O'PAKE, HUGHES, SCHWARTZ, WOZNIAK, STOUT, STAPLETON, KITCHEN, AFFLERBACH, FUMO and TARTAGLIONE presented to the Chair SB 683, entitled: An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, fwther providing for costs in criminal cases; and creating the Crime Containment Officer Fund. Which was committed to the Committee on JUDICIARY, Senators DELP and HELFRICK presented to the Chair SB 685, entitled: An Act providing local school districts, intennediate units, joint schools and area vocational-technical schools, or a portion thereof, the power to adopt a charter providing for self-governance, subject to certain limitations. Which was committed to the Committee on EDUCATION, Senator BODACK presented to the Chair SO 686, entitled: An Act amending Title 30 (Fish) ofthe Pennsylvania Consolidated Statutes, fwther providing for the period ofregistration for boats. Which was committed to the Committee on GAME AND FISHERIES, Senator BODACK presented to the Chair SO 687, entitled: An Act amending the act ofjune 13, 1967 (P.L.31, No.21), entitled Public Welfare Code, fwther providing for the defmition of"personal care home. " Which was committed to the Committee on PUBLIC HEALTH AND WELFARE, Senators BODACK, WILLIAMS, AFFLERBACH, WAG NER, KASUNIC, MEILO~ BELAN, KITCHEN, WOZNIAK, O'PAKE, COSTA and MUSTO presented to the Chair SO 688, entitled: An Act prohibiting the employment of inmates at correctional facilities by private contractors; and imposing a penalty. Which was committed to the Committee on JUDICIARY, Senators HART, HELFRICK, SALVATORE, JUBELIRER, DELp, HECKLER, BELL and WHITE presented to the Chair SB 689, entitled: An Act amending the act ofjuly 3, 1986 (P.L.388, No.84), entitled Sunshine Act, providing for additional public notice requirements for certain school board meetings. Which was committed to the Committee on STATE GOV ERNMENT, Senators PICCOLA, THOMPSON, HECKLER and HART presented to the Chair SB 690, entitled: An Act amending the act of August 9, 1955 (P.L.323, No. 130), entitled The County Code, providing for the abolition ofjury commissioners. Which was committed to the Committee on LOCAL GOV ERNMENT, Senators WAGNER, AFFLERBACH, COSTA, HART, STAPLETON, BELAN, WENGER, WILLIAMS, MUSTO, STOUT, RHOADES, SLOCUM, ROBBINS, KITCHEN, KASUNIC and MURPHY presented to the Chair SB 691, entitled: An Act amending Title 18 (Crimes and Offenses) ofthe Pennsylvania Consolidated Statutes, defining the offense ofdistributing harmful material to minors through electronic communication; and providing a penalty. Which was committed to the Committee on JUDICIAR~ Senators STOUT, CORMAN, COSTA, WAGNER, BODACK, BELAN, O'PAKE, ROBBINS, AFFLERBACH, KUKOVICH, STAPLETON, romlinson, BELL, MELLOW, GREENLEAF, MUSro, WENGER, WOZNIAK, SLOCUM, RHOADES, KASUNIC and MADIGAN presented to the Chair SO 694, entitled: An Act amending Title 75 (Vehicles) ofthe Pennsylvania Consolidated Statutes, fwther providing for registration ofrecreational vehicles. Which was committed to the Committee on TRANSPOR TATION, Senator ARMSTRONG presented to the Chair SB 696, entitled: An Act providing for civil liability relating to equine activities, for exceptions thereto and for the posting and furnishing ofcertain notices. Which was committed to the Committee on JUDICIARY, Senator ARMSTRONG presented to the Chair SB 697, entitled: An Act amending the act of December 16, 1986 (P.L.1621, No. 184), entitled "An act establishing and imposing powers and duties on the Office for the Deafand Hearing Impaired in the Department of Labor and Industry;...," redesignating the Office for the Deaf and Hearing Impaired and the Advisory Council for the Deafand Hearing Impaired; and making editorial changes. Which was committed to the Committee on LABOR AND INDUSTRY, March 13,1997. Senators WAGNER, KASUNIC, KITCHEN, SALVATORE, HELFRICK, MOWER~ COSTA, MUSTO, RHOADES and BELAN presented to the ChairSB 699, entitled: An Act amending the act ofmarch 10, 1949 (P.L.30, No.l4), entitled Public School Code of1949, regulating disruptive students. Which was committed to the Committee oneducation, Senators WAGNER, AFFLERBACH, HELFRICK, MEL LOW: COSTA, O'PAKE, SCHWARTZ, WILLIAMS, MUSTO, DELP, STOUT, WHITE and MURPHY presented to the Chair SO 700, entitled:

4 240 LEGISLATIVE JOURNAL - SENATE MARCH 17, An Act amending the act of December 10, 1968 (P.L.1l58, No.365), entitled "An act creating and establishing the Legislative Data Processing Committee: providing for its membership~...," providing for the members ofthe Legislative Data Processing Committee and for access to legislative infonnation within computer infonnation systems by persons outside the General Assembly. Which was committed to the Committee on RULES AND EXECUTIVE NOMINATIONS, Senators KUKOVICH, GREENLEAF, BELAN, BODACK, WAGNER, AFFLERBACH, SCHWARTZ, O'PAKE, COSTA, STAPLETON, Wll..LIAMS, MUSTO, STOUT, RHOADES and KITCHEN presented to the Chair SB 701, entitled: An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, further providing for the purposes ofthe Juvenile Act and for the deftnition of "delinquent act"~ adding deftnitions for "extended jurisdiction juvenile offender" and "extended jurisdiction juvenile prison"~ and providing for extended jurisdiction juvenile offenders. Which was committed to the Committee on JUDICIAR~ Senators KUKOVICH, BELAN, BODACK, WAGNER, AFFLERBACH, SCHWARTZ, O'PAKE, COSTA, STAPLETON, WILLIAMS, MUSTO, STOUT, RHOADES and KITCHEN presented to the Chair SB 702, entitled: An Act amending the act of November 22, 1978 (P.L.1166, No.274), entitled Pennsylvania Commission on Crime and Delinquency Law, authorizing a crime prevention program~ providing for technical and ftnancial assistance to law enforcement agencies~ and making an appropriation. Which was committed to the Committee on JUDICIAR~ Senators MADIGAN, WENGER, AFFLERBACH, COSTA and KASUNIC presented to the Chair SB 704, entitled: An Act amending Title 24 (Education) ofthe Pennsylvania Consolidated Statutes, further providing for creditable nonschool service. Which was committed to the Committee on FINANCE, Senators MADIGAN, HELFRICK, ROBBINS, SAL VATORE, AFFLERBACH, TARTAGLIONE, COSTA, HART, STAPLETON, BELL, WENGER, MUSTO, DELP, LEMMOND, RHOADES, BELAN, SLOCUM, KITCHEN and KASUNIC presented to the Chair SB 705, entitled: An Act amending Title 18 (Crimes and Offenses) ofthe Pennsylvania Consolidated Statutes, providing for an additional sentence for trafficking drugs within 1,000 feet ofpublic housing. Which was committed to the Committee on JUDICIARY, Senators PICCOLA, HELFRICK, CORMAN, THOMPSON, WENGER, SLOCUM and GERLACH presented to the Chair SB 706, entitled: An Act amending the act ofmarch 10, 1949 (P.L.30, No.14), entitled Public School Code of 1949, further providing for continuing pr0 fessional development. Which was committed to the Committee on EDUCATION, Senators BELAN, STOUT, COSTA, BODACK, TAR TAGLIONE and MELLOW presented to the Chair SB 707, entitled: An Act relating to boiler steam machinery and refrigeration machine engineers and [rremen and providing for their licensing~ conferring powers and imposing duties upon the State Board ofexaminers for Boiler Engineers and the Department of State~ providing for the issuance, revocation or suspension oflicenses; prescribing unlawful acts; imposing penalties~ and making repeals. Which was committed to the Committee on CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, Senators BELAN, STOUT, COSTA, AFFLERBACH, BODACK, TARTAGLIONE, BELL, MELLOW, SCHWARTZ, HART, STAPLETON and RHOADES presented to the Chair SB 708, entitled: An Act amending Title 23 (Domestic Relations) ofthe Pennsylvania Consolidated Statutes, further providing for visitation rights. Which was committed to the Committee on JUDICIAR~ Senators BELAN, SlOUT, COSTA, AFFLERBACH, WAG NER, BODACK, BELL, MELLOW, SCHWARTZ, STAPLETON and KASUNIC presented to the Chair SB 709, entitled: An Act providing for grants to health care facilities, health maintenance organizations and physicians to conduct cancer screening programs. Which was committed to the Committee on PUBLIC HEALTH AND WELFARE, March 13,1997. Senators BELAN, STOUT, COSTA, AFFLERBACH, WAG NER, BODACK, MELLOW, SCHWARTZ and STAPLETON presented to the Chair SB 710, entitled: An Act amending the act ofmarch 4, 1971 (P.L.6, No.2), entitled Tax Reform Code of1971, imposing an additional tax upon cigarettes; and providing for disposition ofrevenues realized by the tax. Which was committed to the Committee on FINANCE, SenatorsBELAN, STOUT, COSTA, AFFLERBACH, WAG NER, BODACK, TARTAGLIONE, BELL and KASUNIC presented to the Chair SB 711, entitled: An Act amending the act of June 1, 1937 (P.L.1168, No.294), entitled Pennsylvania Labor Relations Act, further defining unfair labor practices. Which was committed to the Committee on LABOR AND INDUSTRY, March 13,1997. Senators BELAN, STOUT, COSTA, AFFLERBACH, WAG NER, BODACK, KUKOVICH, O'PAKE, MELLOW, SCHWARTZ, STAPLETON and RHOADES presented to the Chair SB 712, entitled: An Act providing for Commonwealth support for a Children and Youth Caseworker Loan Forgiveness Program for Commonwealth

5 1997 LEGISLATIVE JOURNAL - SENATE 241 residents who graduate from institutions ofhigher education and who apply their degrees to careers as children and youth caseworkers in this Commonwealth. Which was committed to the Committee on EDUCATION, March 14, 1997 Senators LEMMOND, BODACK, AFFLERBACH, ROB BINS, HECKLER, O'PAKE, BRIGHfBILL, RHOADES, MUSTO, KUKOVICH, SALVATORE, KASUNIC, TAR TAGLIONE, BELAN, HART, SCHWARTZ and TOMLINSON presented to the Chair SB 200, entitled: An Act providing for the compensation ofelection officers~ and making repeals. Which was committed to the Committee on STATE GOV ERNMENT, March 14, Senators COSTA, HART, MELLOW, BODACK, BELAN, MURPHY, KUKOVICH, WILLIAMS, WAGNER, LAVALLE, MUSTO, O'PAKE, HUGHES, SCHWARTZ, SALVATORE, WOZNIAK, STOUT, STAPLETON, KITCHEN, AFFLERBACH, FUMO and TARTAGLIONE presented to the Chair SB 684, entitled: An Act amending Title 53 (Municipalities Generally) ofthe Pennsylvania Consolidated Statutes, authorizing the commission to make grants to certain mtmicipalities for augmentation oftheir police forces. Which was committed to the Committee on LOCAL GOV ERNMENT, March 14, Senators HART, CORMAN, THOMPSON, TOMLINSON, DEL~ LAVALLE, LOEPER, HELFRICK, MURPHY, ULIANA, WENGER, MUSTO and ROBBINS presented to the Chair SB 692, entitled: A Joint Resolution ratifying the proposed amendment to the Constitution ofthe United States requiring a balanced Federal budget. Which was committed to the Committee on RULES AND EXECUTIVE NOMINATIONS, March 14, Senators GERLACH, HECKLER, WAGNER, AF FLERBACH, HOLL, KUKOVICH, TOMLINSON, MOWERY, SCHWARI'Z, SLOCUM, MELLOW and KASUNIC presented to the Chair SB 693, entitled: An Act permitting municipalities to form environmental quality districts for the purpose of regulating environmental quality within contiguous areas~ imposing duties and conferring powers on districts~ and providing for organization, for function, for enforcement and for ftnancing. Which was committed to the Committee on LOCAL GOV ERNMENT, March 14,1997. Senators ARMSTRONG, lomlinson, MADIGAN, WAG NER and HOLL presented to the Chair SB 698, entitled: An Act relating to the industrial hygiene and safety professions~ providing protection to the professions ofindustrial hygiene and safety. Which was committed to the Committee on LABOR AND INDUSTRY, March 14,1997. Senators KUKOVICH, BELAN, BODACK, WAGNER, AFFLERBACH, SCHWARTZ, O'PAKE, COSTA, STAPLElON, WILLIAMS, MUSTO, STOUT, RHOADES and KITCHEN presented to the Chair SB 703, entitled: An Act providing for a loan program for local police agencies ftmded by a bond issuance; establishing the Police Agency Loan Division in the Pennsylvania Emergency Management Agency, and conferring powers and duties on the Secretary ofthe Commonwealth and the Legislative Reference Bureau. Which was committed to the Committee on LOCAL GOV ERNMENT, March 14,1997. Senators BELAN, STOUT, COSTA, AFFLERBACH, WAG NER, BODACK, KUKOVICH, O'PAKE, MELLOW, SCHWARTZ, STAPLETON and RHOADES presented to the Chair SB 713, entitled: An Act providing for Commonwealth support for a Mental Health and Mental Retardation Staff Member Loan Forgiveness Program for Commonwealth residents who graduate from institutions of higher education and who apply their degrees to careers as mental health and mental retardation staffmembers in this Commonwealth. Which was committed to the Committee on EDUCATION, March 14, Senators BELAN, STOUT, COSTA, AFFLERBACH, WAG NER, BODACK, O'PAKE and MELLOW presented to the Chair SB 714, entitled: An Act amending the act ofmarch 4, 1971 (P.L.6, No.2), entitled Tax Refonn Code of 1971, providing a credit against personal income tax for the purchase ofmaterials containing recycled newspapers. Which was committed to the Committee on FINANCE, March 14, Senators BELAN, SlOUT, COSTA, AFFLERBACH, WAG NER, BODACK, KUKOVICH, MELLOW, SCHWARTZ and KASUNIC presented to the Chair SB 71S, entitled: An Act establishing a pilot program for business and school cooperation in economically distressed regions; and making an appropriation. Which was committed to the Committee on COMMUNITY AND ECONOMIC DEVELOPMENT, March 14, Senators BELAN, STOUT, COSTA, AFFLERBACH, WAG NER, BODACK and MELWW presented to the Chair SB 716, entitled: An Act amending Title 71 (State Government) ofthe Pennsylvania Consolidated Statutes, providing for contribution for the purchase of credit during periods offurlough. Which was committed to the Committee on FINANCE, March 14, Senators BELAN, SlOUT, COSTA, AFFLERBACH, WAG NER, BODACK, BELL, O'PAKE, MELLOW, STAPLETON and RHOADES presented to the Chair SB 717, entitled:

6 242 LEGISLATIVE JOURNAL - SENATE MARCH 17, An Act amending the act ofoctober22, 1986 (P.L.1452, No. 143), entitledadult Literacy Act, providing for grants for literacy programs. Which was committed to the Committee on EDUCATION, March 14, Senators BELAN, SlOUT, COSTA, AFFLERBACH, WAG NER, BODACK, BELL, MELLOW, STAPLElON and RHOADES presented to the Chair SB 718, entitled: An Act establishing an employee assistance program for employees who are dependent on alcohol or drugs~ and making an appropriation. Which was committed to the Committee on PUBLIC HEALTH AND WELFARE, March 14, Senators BELAN, SlOUT, COSTA, AFFLERBACH, WAG NER, BODACK, MELLOW, HAIrr and KASUNIC presented to the Chair SB 719, entitled: An Act amending the act ofmay 17, 1921 (P.L.682, No.284, entitled The Insmance Company Law of 1921, providing for notice of availability of insurance against damage resulting from mine subsidence. Which was committed to the Committee on BANKING AND INSURANCE, March 14, Senators BELAN, SlOUT, COSTA, AFFLERBACH, WAG NER, BODACK, TARTAGLIONE, KUKOVICH, O'PAKE, MELLOW and KASUNIC presented to the Chair SB 720, entitled: An Act providing for contracts relating to rail passenger service; providing for powers and dutiesofthe Department of Transportatio~ creating the Rail Passenger Advisory Panel~ establishing the Rail Passenger Fun~ and making an appropriation. Which was committed to the Committee on TRANSPOR TATION, March 14, Senators BELAN, STOUT, COSTA, BODACK, TAR TAGLIONE and KASUNIC presented to the Chair SB 721, entitled: An Actamending the act ofjune 2, 1915 (P.L.736, No.338), entitled, as reenacted and amended, Workers' Compensation Act, providing for a reduction in insurance rates. Which was committed to the Committee on LABOR AND INDUSTR~March 14, Senators BELAN, STOUT, COSTA, BODACK, BELL, MELLOW, STAPLETON and KASUNIC presented to the Chair SB 722, entitled: An Act amending Title 66 (Public Utilities) ofthe Pennsylvania Consolidated Statutes, providing for utility service personnel. Which was committed to the Committee on CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, March 14, Senators BELAN, STOUT, COSTA and BODACK presented to the Chair SB 723, entitled: An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, providing for local review boards and for the review ofdecisions by HMOs. Which was committed to the Committee on BANKING AND INSURANCE, March 14, Senators BELAN, SlOUT, COSTA, BODACK and BELL presented to the ChairSB 724, entitled: An Act amending the act of December 29, 1972 (P.L.170l, No.364), entitled Health Maintenance Organization Act, providing for certificate ofauthority requirements. Which was committed to the Committee on BANKING AND INSURANCE, March 14, Senators BELAN, STOUT, COSTA, BODACK and BELL presented to the Chair SB 725, entitled: An Act amending the act of December 29, 1972 (P.L.1701, No.364), entitled Health Maintenance Organization Act, providing for certificate ofauthority requirements. Which was committed to the Committee on BANKING AND INSURANCE, March 14, Senators BELAN, STOUT, COSTA and BODACK presented to the Chair SB 726, entitled: An Act designating a section oflegislative Route 48 in Allegheny County as theleonarda. Funk, Jr. Highway. Which was committed to the Committee on TRANSPOR TATION, March 14, Senators BELAN, SlOUT, COSTA and BODACK presented to the Chair SB 727, entitled: An Act amending the act of March 28, 1984 (P.L.150, No.28), entitled Automobile Lemon Law, further providing for the definition of "new motor vehicle" and for repairs required. Which was committed to the Committee on CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, March 14, Senators BELAN, STOUT, COSTA, BODACK and BELL presented to the Chair SB 728, entitled: A Joint Resolution proposing an amendment to the Constitution of the Commonwealth ofpennsylvania, providing for the elective office ofinsurance Commissioner. Which was committed to the Committee on STATE GOV ERNMENT, March 14,1997. Senators AFFLERBACH, BELL, WAGNER, WILLIAMS, COSTA, BODACK, BELAN, TARTAGLIONE, SCHWARTZ, lomlinson, MELLOW, RHOADES, MUSTO and HART presented to the Chair SB 729, entitled: An Act amending Title 66 (Public Utilities) ofthe Pennsylvania Consolidated Statutes, providing for reports by the Bureau of Consumer Services. Which was committed to the Committee on CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, March 14, SenatorsHAlU, COSTA and SALVATORE presented to the Chair SB 730, entitled: An Act amending the act of December 17, 1986 (P.L No.202), entitled New Home Construction Local Tax Abatement Act, further providing for the procedure for obtaining an exemption.

7 1997 LEGISLATIVE JOURNAL - SENATE 243 Which was committed to the Committee on FINANCE, March 14, Senators BRIGHTBILL, SALVATORE and ARMSTRONG presented to the Chair SB 731, entitled: An Act amending Title 75 (Vehicles) of the Pennsylv~a Consolidated Statutes, further providing for the use of sun screemng. Which was committed to the Committee on TRANSPOR TATION, March 14, March Senators THOMPSON, HELFRICK, PICCOLA, DELp, HECKLER, PUNT, ROBBINS, WENGER, MADIGAN, MOWERY, HART, GERLACH and SLOCUM presented to the Chair SB 6, entitled: An Act amending the act of August IS, 1961 (P.L.987, No.442), entitled Pennsylvania Prevailing Wage Act, excluding political subdivisions from the act; authorizing optional prevailing wage ordinances; and making repeals. Which was committed to the Committee on LABOR AND INDUSTRY, March 17, Senators LOEPER and STAPLETON presented to the Chair SB 230, entitled: AnAct amending the act of October 15, 1980 (P.L.9S0, No. 164), entitled Commonwealth Attorneys Act, classifying the State System of Higher Education as an independent agency entitled to appoint and fix the compensation of legal counsel; and making editorial changes. Which was committed to the Committee on EDUCATION, March 17, Senators STOUT, COSTA, BODACK, LAVALLE, MUSTO, RHOADES and BELAN presented to the Chair SB 695, entitled: An Act amending the act ofjuly 10, 1981 (P.L.214, No.67), entitied Bingo Law, further providing for prize limits. Which was committed to the Committee on STATE GOV ERNMENT, March 17, Senators SCHWARTZ, AFFLERBACH, STOUT, WIL LIAMS, MELLOW, TARTAGLIONE, KASUNIC, KITCHEN and BELAN presented to the Chair SB 734, entitled: An Act amending the act ofmarch 10, 1949 (P.L.30, No.l4), entitled Public School Code of 1949, further providing for kindergartens. Which was committed to the Committee on EDUCATION, March 17, Senators SCHWAlUZ, BODACK, AFFLERBACH, STOUT, WILLIAMS, KUKOVICH, MUSTO, MELLOW, TARTAGLIONE, KASUNIC, KITCHEN, BELAN and RHOADES presentedto the ChairSB 735, entitled: AnAct amending the act ofmarch 10,1949 (PL.30, No.l4), entitled Public School Code of 1949, providing for a full-day kindergarten incentive; and making an appropriation. Which was committed to the Committee oneducation, March 17, Senators SCHWAlUZ, BODACK, AFFLERBACH, STOUT, WILLIAMS, KUKOVICH, MUSTO, TARTAGLIONE, KASUNIC, KITCHEN, BELAN andrhoades presented to the Chair SB 736, entitled: An Act amending the act ofmarch 10,1949 (P.L.30, No. 14), entitled Public School Code of 1949, creating a financial incentive for school districts to reduce class sizes in kindergarten through third grade; and making an appropriation. Which was committed to the Committee on EDUCATION, March 17, Senators SCHWARTZ, AFFLERBACH, STOUT, HELFRICK, WILLIAMS, KUKOVICH, MELLOW, TAR TAGLIONE, KITCHEN, BELAN and RHOADES presented to the Chair SB 737, entitled: An Act amending the act ofjune 13, 1967 (P.L.30, No.2 I), ~titied Public Welfare Code, providing for quality improvement ofchild day-care centers; and making appropriations. Which was committed to the Committee on AGING AND YOUTH, March 17,1997. Senators SCHWARTZ, AFFLERBACH, STOUT, WIL LIAMS, TAlUAGLIONE, KITCHEN, BELAN and RHOADES presented to the ChairSB 738, entitled: An Act amending the act of June 29, 1996 (P.L., No.IA), entitled General Appropriation Act of 1996, further providing for childcare loan forgiveness. Which was committed to the Committee on APPROPRIA TIONS, March 17, Senators SCHWARTZ, AFFLERBACH, STOUT, HELFRICK, WILLIAMS, KUKOVICH, TARTAGLIONE, KITCHEN and BELAN presented to the Chair SB 739, entitled: An Act providing for grants for early childhood education pr0 grams to achieve National Association for the Education of Young Children and National Association for Family Child Care accreditation; and making an appropriation. Which was committed to the Committee on EDUCATION, March 17, Senators SCHWARTZ, AFFLERBACH, STOUT, WIL LIAMS, MELLOW, KITCHEN and BELAN presented to the Chair SB 740, entitled: AnAct amending the act ofmarch 10,1949 (P.L.30, No. 14), entitled Public School Code of 1949, further providing for continuing pr0 fessional development and for the State Board ofeducation to require the incorporation of guidelines for early childhood development. Which was committed to the Committee oneducation, March 17, APPOINTMENTS BY PRESIDENT PRO TEMPORE The PRESIDENT. The Chairwishes to announce the President pro tempore has made the following appointments:

8 244 LEGISLATIVE JOURNAL - SENATE MARCH 17, Senator Jay C. Costa, Jr., as a member ofthe Task Force on Decedents' Estates Laws of the Joint State Government Commission. Senator Albert V. Belan as a member of the Pennsylvania Veterans' Memorial Commission. Senator Allen G. Kukovich as a member ofthe Joint Legislative Air and Water Pollution Control and Conservation Committee. Mr. John A. Salvatore to serve on the Board oftrustees of the Thomas Jefferson University. William L. Saad, 0.0., to serve on the Board oftmstees of the College ofoptometry. Mr. Steve Wmeland as a member ofthe Fire Safety Advisory Committee. Mr. Jay Muir as a member ofthe Legislative Audit Advisory Commission. Lewis H. Gold, Esquire, as a member ofthe Board oftrustees ofthe Philadelphia College ofosteopathic Medicine. Edward 1. DiDonato, Esquire, as a member ofthe Pennsylvania Intergovernmental Cooperation Authority. APPOINTMENT BY MINORITY LEADER The PRESIDENT. The Chair wishes to announce the Minority Leader has made the following appointment: Senator Vincent Hughes to serve on the Community Service Advisory Board. BILL SIGNED The PRESIDENT (Lieutenant Mark S. Schweiker) in the presence ofthe Senate signed the following bill: SB65. 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. REPORTS FROM COMMITTEE Senator TILGHMAN, from the Committee on Appropriations, reported the following bills: SB 55 (pr. No. 780) (Amended) (Rereported) An Act amending Title 30 (Fish) ofthe Pennsylvania Consolidated Statutes, further providing for operating watercraft under influence of alcohol or controlled substance, for chemical testing and for classification ofoffenses and penalties. SB 131 (pr. No. 128) (Rereported) An Act amending Title 18 (Crimes and Offenses) ofthe Pennsylvania Consolidated Statutes, further providing for bad checks by requiring that certain suspects be fmgerprinted in order to detennine prior bad checks violations. SENATE CONCURRENT RESOLUTION RECESS ADJOURNMENT Senator LOEPER offered the following resolution, which was read, considered and adopted: In the Senate, March 17, 1997 RESOLVED, (the House of Representatives concurring), That when the Senate adjourns this week it reconvene on Tuesday, April 1, 1997, unless sooner recalled by the President Pro Tempore ofthe Senate; and be it further RESOLVED, That when the House of Representatives adjourns this week it reconvene on Tuesday, April 1, 1997, unless sooner recalled by the Speaker ofthe House ofrepresentatives. Ordered, That the Secretary ofthe Senate present the same to the House ofrepresentatives for concurrence. LEGISLATIVE LEAVES Delaware, Senator Loeper. Senator LOEPER. Mr. President, I request a legislative leave for today's Session on behalfofsenator Jubelirer. The PRESIDENT. Senator Loeper requests a legislative leave for Senator Jubelirer. Without objection, that leave is granted. The Chair recognizes the gentleman from Lackawanna, Senator Mellow. Senator MELLOW. Mr. President, I request a legislative leave for Senator Hughes, and a temporary Capitol leave for Senator Williams. The PRESIDENT. Senator Mellow requests a temporary Capitol leave for Senator Williams, and a legislative leave for Senator Hughes. Without objection, those leaves are granted. LEAVES OF ABSENCE Senator LOEPER asked and obtained leave of absence for Senator LEMMOND, for today's Session, for personal reasons. Senator MELLOW asked and obtained leave ofabsence for Senator BELAN, for today's Session, for personal reasons. CALENDAR THIRD CONSIDERATION CALENDAR SB 186 CALLED UP OUT OF ORDER SB 186 (pr. No. 698) -- Without objection, the bill was called up out oforder, from page I ofthe ThirdConsideration Calendar, by Senator LOEPER. BILL REREPORTED FROM COMMITTEE AS AMENDED ON THIRD CONSIDERATION AND FINAL PASSAGE SB 186 (pr. No. 698) -- The Senate proceeded to consideration ofthe bill, entitled: A Supplement to the act ofdecember 8, 1982 (P.L.848, No.235), entitled Highway-Railroad and Highway Bridge Capital Budget Sup-

9 1997 LEGISLATIVE JOURNAL - SENATE 245 plemental Act for , itemizing additional local and State bridge projects. Considered the third time and agreed to, And the amendments made thereto having been printed as required by the Constitution, On the question, Shall the bill pass finally? The yeas and nays were taken agreeably to the provisions of the Constitution and were asfollows, viz: YEA-48 Aftlerbach Hart Mellow Stapleton Annstroog Heckler Mowery Stout Bell Helfiick Murphy Tartaglione Bodack Holl Musto Thompson Brightbill Hughes O'Pake Tilghman Connan Jubelirer Piccola Tomlinson Costa Kasunic Punt U1iana Delp Kitchen Rhoades Wagner Earll Kukovich Robbins Wenger Furno LaValle Salvatore White Gerlach Loeper Schwartz Williams Greenleaf Madigan Slocum Womiak NAY-O A constitutional majority of all the Senators having voted "aye," the question was determined inthe affirmative. Ordered, That the Secretary ofthe Senate present said bill to the House ofrepresentatives for concurrence. LEGISLATIVE LEAVE CANCELLED The PRESIDENT. Senator Williams has returned, and his temporary Capitol leave is cancelled. SPECIAL ORDER OF BUSINESS GUESTS OF SENATOR ROBERT D. ROBBINS PRESENTED TO THE SENATE Mercer, Senator Robbins, for an introduction. Senator ROBBINS. Mr. President, I am pleased to introduce Sarah Viselli and Christy Gustas, who are serving as guest Pages in the Senate this week. Sarah is the daughter ofjerry and Ginny Viselli ofhennitage and is a sophomore at Hickory High School. Christy is the daughter ofpaul and Jane Gustas, also of Hennitage, and is a fresiunan at Hickory High School. They are accompanied here today by Christy's grandparents, Mercer County Commissioner Gene Brenneman and his wife, Erma. Please join me in welcoming my guests to the Senate ofpennsylvania. The PRESIDENT. Would our guests please rise. (Applause.) GUEST OF SENATOR MICHAEL A. O'PAKE PRESENTED TO THE SENATE Berks, Senator O'Pake. Senator O'PAKE. Likewise, Mr. President, there is a visiting Page here from Schuylkill Valley High School, and I would like the Senate to extend its usual warm welcome to Shaun Reich, who is a senior at Schuylkill Valley and lives in Mohrsville in Berks County. The PRESIDENT. And we acknowledge Shaun. (Applause.) SPECIAL ORDER OF BUSINESS CEREMONY IN CELEBRATION OF ST. PATRICK'S DAY Delaware, Senator Loeper. Senator LOEPER. Mr. President, today is always a special day inthe Senate ofpennsylvania and particularly an occasion when March 17, St. Patrick's Day, happens to fall on a Session day. I think, Mr. President, for those Members ofthe body who are not Irish, this is one day everyone seeks to find ifthere is a little bit ofirish somewhere in that heritage, andyou know it reminds me that my grandmother was a Monahan from Girardville in Schuylkill County and we always liked to claim that particularly on this day. I just wanted to take a few minutes to offer some historical background on the significance ofst. Patrick's Day, and I think that all ofus are probably aware that the holiday really honors S1. Patrick, the missionary who was credited with converting the Irish to Christianity in the 400s. Legend has it that St. Patrick also drove the snakes out ofireland, sending them to the sea to drown, and that the Irish saint and hero died on March 17,461, and since then the holiday has spread around the world. Here in the Senate of Pennsylvania we have had a longstanding tradition surrounding this holiday, and those ofus who have had the honor and privilege to serve in this Chamber for a number ofyears know that it was not St. Patrick's Day until the gentleman from Montgomery, Senator Ed Holl, lifted his trumpet and the late Senator Eugene Scanlon lifted his voice before this body, filling the Senate Chamber with the sounds of traditional Irish tunes. And the talented duo never failed to raise our hearts and draw a few tears with their stirring rendition of "Danny Boy." Gene Scanlon, unfortunately, is no longer with us and we miss him all year but particularly on this, this his special holiday. However, Mr. President, I think all ofus as Members ofthe body still have the opportunity to recall and honor our friend and colleague as we once again celebrate St. Patrick's Day. Senator Holl has in the past been kind enough to put together this program for us, and at this time I would like to calion Senator Holl to begin our program for today. Senator Holi. Senator HOLL. Senator Loeper, Lieutenant Schweiker, and Members ofthe Senate, as has been stated, this is a traditional function, it is something that many ofthe Senators who have been here for a number of years look forward to each year. As you know, this is St. Paddy's Day, and unless

10 246 LEGISLATIVE JOURNAL - SENATE MARCH 17, the Senate is in Session on this day, we do not celebrate St. Paddy's Day. I recall many happy S1. Paddy's Days here participating in the program, but for the new Members of the Senate, and we have quite a few new Members, I want to tell you a little story. Gene Scanlon, who is no longer with us, would stand up here and tell the story about how tradition had it in his senatorial district that ifyou wanted to be a Member of the Senate and considered by the party, the political party, you had to audition for the job. You had to be interviewed. The interview did not consist ofwhether or not you had good principles--i am sure he would have loved to hear that--but they were not concerned about the policy, about what you stood for. What they were concerned about was could you carry on the tradition ofthat district, because it had supplied Irish tenors who would sing in this Chamber on St. Patrick's Day for some 30 years. And so, Gene told the story of how they called him in, they talked to him about the job, and then they said, can you sing, and can you sing Irish tunes? And so he was endorsed, and that is how he came to the Senate. We are veiy fortunate today to have one ofour own who is a member ofthe staffofthe gentleman from Cumberland, Senator Mowery. His name is Irving, the last name Alan Berlin. The Irving should be taken out. His name is Berlin and his first name is Alan, and he is really a talented vocalist and we are delighted to have him because we looked high and wide for people who could sing. Some people could sing, but they did not want to sing Irish tunes. I do not know why, but we could not get them. So ifany ofyou new Members can sing, please let us know because ifwe do it again next year, we ought to have some different talent, so please let us know. Now we will begin. (Whereupon, musical presentations of"danny Boy" and "Galway Bay" were performed, with trumpet accompaniment by Senator Holl.) (Standing ovation.) The PRESIDENT. Senator Holl and Alan, the Senate thanks you, and I am sure Senator Scanlon would be proud. The Chair recognizes the gentleman from Delaware, Senator Loeper. Senator LOEPER. Mr. President, again, on behalfofall the Members of the Senate, I would like to extend our sincere thanks and appreciation not only to the gentleman from Montgomery, Senator Holl, for putting this program together today and his multitalented efforts in bringing the program, but also to thank Alan Berlin, who accompanied him as the soloist, as well as Reuel Ryman on the keyboard, who is a regular visitor to the Senate, and we thank him for his participation today. Again, we thank all the participants very much. Mr. President, justone footnote to our St. Patrick's Day celebration today. I note that the gentleman from Allegheny, Senator Murphy, is with us for the first time on S1. Patrick's Day today. Coming from Pittsburgh, and in the true Irishtradition, I understand that he may be auditioning for a part as far as next year's program is concerned, and we look forward to that. RECESS Delaware, Senator Loeper. Senator LOEPER. Mr. President, at this time I request a recess ofthe Senate for the purpose ofa Republican caucus to begin immediately in the first floor caucus room, hoping that we could return to the floor at approximately 4 p.m. Philadelphia, Senator Fumo. Senator FUMO. Mr. President, the Democrats being better prepared, we do not need to caucus. We will be backwhenever you are ready. The PRESIDENT. Senator Loeper requests a Republican caucus, with the intention ofreturning at approximately 4 p.m. For that purpose, the Senate stands in recess. AFTER RECESS The PRESIDENT. The time of recess having expired, the Senate will come to order. THIRD CONSIDERATION CALENDAR RESUMED BILL REREPORTED FROM COMMfITEE AS AMENDED OVER IN ORDER TEMPORARILY SB Without objection, the bill was passed over in its order temporarily at the request ofsenator LOEPER. BILL AMENDED SB 118 (pr. No. 115) -- The Senate proceeded to consideration ofthe bill, entitled: An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, prohibiting the transportation ofpassengers in open trucks~ and making certain exceptions. On the question, Will the Senate agree to thebill on third consideration? Senator CORMAN offered the following amendment No. A0245: Amend Sec. 1 (Sec.3719), page 1, line 14, by striking out "45" and inserting: 35 Amend Sec. 1 (Sec. 3719), page 1, lines 15 through 18~ page 2, lines 1 through 4, by striking out all ofsaid lines on said pages and inserting: (I) Persons utilizing restraints as dermed in section 4581 (relating to restraint systems). (2) Any child ofa fanner who is being transported between parts ofa fann or fanns owned or operated by the fanner. (3) Any person employed to perfonn fann labor who is being transported between parts ofa farm or fanns owned or operated by the fanner. (4) Parade participants. On the question, Will the Senate agree to the amendment? It was agreed to. Without objection, the bill, as amended, was passed over in its order at the request ofsenator LOEPER.

11 1997 LEGISLATIVE JOURNAL - SENATE 247 BILLS ON THIRD CONSIDERATION AND FINAL PASSAGE S8 125 (pr. No. 387) -- The Senate proceeded to consideration ofthe bill, entitled: An Act amending the act ofaugust 9, 1955 (PL.323, No. 130), entitled The COlDlty Code, providing for an excise tax in certain counties. Considered the third time and agreed to, And the amendments made thereto having been printed as required by the Constitution, 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: YEA-47 Aftlerbach Hart Mellow Stapleton Armstrong Heckler Mowery Stout Bell Helfrick Murphy Tartaglione Bodack Holl Musto Thompson Brightbill Hughes O'Pake Tilghman Connan Jubelirer Piccola Tomlinson Costa Kasunic Punt Wagner Delp Kitchen Rhoades Wenger Earll Kukovich Robbins White Furno lavalle Salvatore Williams Gerlach Loeper Schwartz Womiak Greenleaf Madigan Slocum Dliana NAY-I A constitutional majority of all the Senators having voted "aye," the question was determined in the affirmative. Ordered, That the Secretary ofthe Senate present said bill to the House ofrepresentatives for concurrence. SB 168 (pr. No. 388) -- The Senate proceeded to consideration ofthe bill, entitled: An Act amending the act of June 26, 1931 (P.L.1379, No.348), entitled, as amended, Third Class County Assessment Board Law, providing for auxiliary boards and for alternate members~ further providing for rules and regulations~providing for correction of errors~ and further providing for assessment appeals. Considered the third time and agreed to, And the amendments made thereto having been printed as required by the Constitution, On the question, Shall the bill pass finally? LEGISLATIVE LEAVES Allegheny, Senator Bodack. Senator BODACK. Mr. President, I request temporary Capitol leaves for Senator Afflerbach, Senator Furno, Senator O'Pake, and Senator Williams, and a legislative leave for Senator Mellow. The PRESIDENT. Without objection, those leaves are granted. The Chair recognizes the gentleman from Delaware, Senator Loeper. Senator LOEPER Mr. President, I request a temporary Capitol leave on behalfofsenator HeJfrick, who has been called from the floor. The PRESIDENT. Without objection, that leave is granted. LEGISLATIVE LEAVE CANCELLED The PRESIDENT. The Chair recognizes the presence of Senator Hughes on the floor, and his legislative leave is cancelled. And the question recurring, Shall the bill pass finally? The yeas and nays were taken agreeably to the provisions of the Constitution and were as follows, viz: YEA-48 Aftlerbach Hart Mellow Stapleton Annstrong Heckler Mowery Stout Bell Helfrick Murphy Tartaglione Bodack Holl Musto Thompson Brightbill Hughes O'Pake Tilghman Connan Jubelirer Piccola Tomlinson costa Kasunic Punt Uliana Delp Kitchen Rhoades Wagner Earll Kukovich Robbins Wenger Furno lavalle Salvatore White Gerlach Loeper Schwartz Williams Greenleaf Madigan Slocum Womiak NAY-O A constitutional majority of all the Senators having voted "aye," the question was determined in the affirmative. Ordered, Thatthe Secretary ofthe Senate present saidbill to the House ofrepresentatives for concurrence. S8 207 (pr. No. 199) -- The Senate proceeded to consideration ofthe bill, entitled: An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, further providing for the definition of"local agency" for purposes ofgovernmental immwrity. Considered the third time and agreed to, On the question, Shall the bill pass finally? The PRESIDENT. The Chair recognizes the gentlewoman from Allegheny, Senator Hart. Senator HART. Mr. President, I rise in support ofsenate Bill No At a time when our local governments are having a difficult time meeting their budgets, Senate Bill No. 207 is a way that will encourage them to do so. As local government budgets are becoming tighter, they are finding it more difficult to meet their demands. One ofthe ways that they are doing this,

12 248 LEGISLATIVE JOURNAL - SENATE MARCH 17, Mr. President, is through councils of governments. These organizations have provided many services and continue to do so where governments basically share their services. Unfortunately though, Mr. President, councils of governments which provide services are not able to access the same governmental immunity that single municipalities can. What this bill would do is extend that immunity to services provided through councils of governments and continue to encourage municipalities to save taxpayer dollars by sharing services. I would encourage a positive vote on Senate Bill No And the question recurring, Shall the bill pass finally? The yeas and nays were taken agreeably to the provisions of the Constitution and were as follows, viz: YEA-48 Aftlerbach Hart Mellow Stapleton Annstrong Heckler Mowery Stout Bell Helfrick Murphy Tartaglione Bodack Holl Musto Thompson Brightbill Hughes O'Pake Tilghman Connan Jubelirer Piccola Tomlinson Costa Kasunic Punt Uliana Delp Kitchen Rhoades Wagner Earll Kukovich Robbins Wenger Furno LaValle Salvatore White Gerlach Loeper Schwartz Williams Greenleaf Madigan Slocum Wozniak NAY-o A constitutional majority of all the Senators having voted "aye,it the question was determined in the affirmative. Ordered. That the Secretary ofthe Senate present said bill to the House ofrepresentatives for concurrence. BILL OVER IN ORDER SB Without objection, the bill was passed over in its order at the request ofsenator BRIGHTBILL. SECOND CONSIDERATION CALENDAR BILL OVER IN ORDER SB Without objection, the bill was passed over in its order at the request ofsenator BRIGHTBILL. BILL ON SECOND CONSIDERATION SB 116 (Pr. No. 225) - The Senate proceeded to consideration ofthe bill, entitled: An Act authorizing the Department ofcorrections, COMty commissioners, boards ofinspectors or other officials in charge ofcorrectional facilities to establish inmate work force programs. Considered the second time and agreed to, Ordered. To be printed on the Calendar for third consideration. BILLS REREFERRED DB 132 (pr. No. 947) -- The Senate proceeded to consideration ofthe bill, entitled: An Act amending the act ofnovember 6, 1987 (P.L.381, No. 79), known as the Older Adults Protective Services Act, adding certain deftnitions; further providing for reporting, for investigations and for reporting suspected abuse by employees. Upon motion of Senator BRIGHTBILL, and agreed to, the bill was rereferred to the Committee on Appropriations. DB 133 (Pr. No. 948) -- The Senate proceeded to consideration ofthe bill, entitled: An Act providing for Statewide muse aide training programs relating to nursing facilities. Upon motion of Senator BRIGHTBILL, and agreed to, the bill was rereferred to the Committee on Appropriations. BILL OVER IN ORDER SB Without objection, the bill was passed over in its order at the request ofsenator BRIGHTBILL. BILL REREFERRED SB 176 (pr. No. 170) -- The Senate proceeded to consideration ofthe bill, entitled: An Act providing mastectomy coverage standards for health insurance policies. Upon motion of Senator BRIGHTBILL, and agreed to, the bill was rereferred to the Committee on Appropriations. SB 179 CALLED UP SB 179 (pr. No. 696) -- Without objection, the bill, which previously went over in its order temporarily, was called up, from page 1 ofthe Third Consideration Calendar, by Senator BRIGHTBILL. BILL REREPORTED FROM COMMITfEE AS AMENDED, AMENDED SB 179 (pr. No. 696) -- The Senate proceeded to consideration ofthe bill, entitled: An Act amending the act ofapril 9, 1929 (P.L.l77, No. 175), entitled The Administrative Code of1929, imposing additional duties on the Auditor General, the State Treasurer and the Attorney General; and authorizing the Department ofcorrections to assess and collect certain payments from prisoners. On the question, Will the Senate agree to the bill on third consideration? Senator PICCOLA offered the following amendment No. A0402: Amend Title, page 1, line 20, by inserting after "determined,"": further providing for deftnitions; Amend Bill, page 2, lines 2 through 4, by striking out all ofsaid lines and inserting:

13 1997 LEGISLATIVE JOURNAL - SENATE 249 Section I. The definition of "crime" in Section 477 ofthe act of April 9, 1929 (P.L.I77, No. 175), known as The Administrative Code of1929, amended November 17, 1995 (lst Sp.Sess., P.L.I093, No.27) isamended and the section is amended by adding a definition to read: Section 477. DefInitions.-So far as it relates to the crime victim's compensation provisions, the following terms shall be defmed as: **. "Crime" means an act, including an act resulting in injury intentionally inflicted through the use ofa motor vehicle, which was committed: (l) hipennsylvania by a person without regard to legal exemption or defense and which would constitute a crime only as defmed in, proscribed by or enumerated in: (i) 18 Pa.C.S. (relating to crimes and offenses), 30 Pa.C.S (relating to operating watercraft under influence of alcohol or controlled substance) or (relating to homicide by watercraft while operating under influence) and 75 Pa.C.S (relating to driving under influence ofalcohol or controlled substance) or 3735 (relating to homicide by vehicle while driving under influence)~ (ii) the act ofapril 14, 1972 (P.L.233, No.64), known as "The Controlled Substance, Drug, Device and Cosmetic Act"~ or (iii) the laws ofthe United States. (2) Against a resident ofpennsylvania which would be a crime under clause (1) but for its occurrence in a state other than Pennsylvania. (3) Against a resident ofpennsylvania which is an act ofinternational terrorism. "International terrorism" means activities that: C1) Involve violent acts or acts dangerous to human life that are a violation ofthe criminal laws ofthe United States or ofany state. or that would be a criminal violation ifcommitted within the jurisdiction ofthe United States or ofany state. (2) Appear to be intended: Ci) to intimidate or coerce a civilian population; Cii) to influence the policy of a government by intimidation or coercion; or (iii) to affect the conduct of a government by assassination or kidnapping. (3) Occur primarily outside ofthe territorial jurisdiction ofthe United States. or transcend national boundaries in terms ofthe means by which they are accomplished. the persons they appear intended to intimidate or coerce. or the locale in which their perpetrators operate or seek asylum. * Section 2. Section 614 of the act, amended August 14, 1991 (P.L.33I, No.35), is amended to read: Amend Sec. 2, page 3, line 26, by striking out "2" and inserting: 3 4 Amend Sec. 3, page 5, line 14, by striking out "3" and inserting: Amend Sec. 4, page 6, line 7, by striking out "4" and inserting: 5 On the question, Will the Senate agree to the amendment? It was agreed to. Without objection, the bill, as amended, was passed over in its order at the request ofsenator BRIGHfBILL. RECONSIDERATION OF SB 179 Philadelphia, Senator Hughes. Senator HUGHES. Mr. President, I move to reconsider the vote by which Senate Bill No. 179 went over in its order. The motion was agreed to. On the question, Will the Senate agree to the bill on third consideration, as amended? Senator HUGHES offered the following amendment No. A0405: Amend Title, page 1, line 22, by inserting after "GENERAL~": creating the Office ofneighbors Allied for Mutual Economic Success as an independent office~ prescribing the powers and duties of the office~ requiring Commonwealth departments and agencies and other entities to provide employment to certain persons~ Amend Bill, page 6, by inserting between lines 5 and 6: Section 4. The act is amended by adding anarticle to read: ARTICLE IX-C OFFICE OF NEIGHBORS ALLIED FOR MUTIJAL ECONOMIC SUCCESS Section 901-C. Defmitions.-As used in this article: "Director" means the director ofthe Office ofneighbors Allied for Mutual Economic Success. "Office" means the Office ofneighbors Allied for Mutual Economic Success established by this article. Section 902-C. Office ofneighbors Allied for Mutual Economic Success.-:<a) There is hereby established as an independent office the Office of Neighbors Allied for Mutual Economic Success to aid in breaking the CYCle ofwelfare dependency within this Commonwealth. Cb) The office shall be headed by a director. who shall be appointed by the. by and with the advice and consent ofa majority of the members elected to the Senate. The director shall be a person who by reason oftraining. experience and attainment is qualified to assist welfare recipients in obtaining gainful empl0w!ent. Compensation shall be set by the Executive Board. Section 903-C. Appointment ofstaff.-the director shall appoint clerical. technical and professional staffas may be appropriate. and may contract for additional services as shall benecessary for the performance ofthe duties imposed by this article. The compensation of clerical. technical and professional staff sluiu be set by the Executive Board. Section 904-C. EmploW!ent Center. The office shall create and operate an emplow!ent center that shall seek to place able-bodied welfare recipients in positions ofemployment. Ifan able-bodied welfare recipient requires resources in order to qualify for a position. the office shall identify the resources that are required and make arrangements to provide them. Section 905-C. Obli ation ofcommonwealth ents and Agencies.-All departments and agencies ofthis CommonWi th shall be required to provide emplow!ent to able-bodied welfare recipients. Each department and agency shall submit. on a monthly basis. a list of available positions to the office. Section 906-C. Obligation ofentities Receiving Funds from the Commonwealth.-All entities that receive funds from the Commonwealth shall be required to train and employable-bodied welfare recipients in their communities.

14 250 LEGISLATIVE JOURNAL - SENATE MARCH 17, Section 907-C. Plan for Incentives for Private Employers. The,office shall develop and transmit to the General Assembly a plan to,provide incentives to private emnloyers who offer training and employ,ment to persons who have been denied. through no fault oftheir own. the opportunity to work. Section 908-C. Public Relations Campaign. The office shall develop and produce a public relations campaign to dispel the mvths,s1jiioui1ding welfare recipients. The campaign shall include a fact sheet,specifically addressed to employers which shall demonstrate that former wel~are recipients can serve as loyal and productive employes. Section 909-C. Reports.-The director shall annually transmit to the and to the General Assembly. and shall make available to the public. an annual report on the conduct ofthe office. The director shall make recommendations as may. from time to time. be neces ~sary or desirable to assist able-bodied welfare recipients in obtaining employment. Amend Sec. 4, page 6, line 7, by striking out "4" and inserting: 5 On the question, Will the Senate agree to the amendment? Philadelphia, Senator Hughes. Senator HUGHES. Mr. President, the substance of this amendment has been offered in Senate Bill No It is the amendment, Mr. President, that creates the Office ofneighbors Allied for Mutual Economic Success. This proposal, this concept, this amendment has been spearheaded for a number of years now by the gentleman from Philadelphia, Senator Hardy Williams. He asked me to bring this one forward for him, and it is an attempt to respond to the issue of really creating jobs for Pennsylvania citizens, especially in the light that as ofmarch 3, 1997, the current welfare program in this Commonwealth and essentially all across the country has been moved towards a jobs program. What the Office ofneighbors Allied for Mutual Economic Success will do is attempt to break the cycle ofwelfare dependency by creating a proactive agency designed to make sure that all departments within the Commonwealth hire folks who are currently in the welfare system and who are being, ifyou will, moved toward securing jobs or job training. It tries to take a proactive effort, Mr. President, in basically saying that all agencies and entities that do business with the Commonwealth of Pennsylvania and receive State dollars proactively hire individuals who are on the welfare rolls or work to train those individuals, providing education and training, and not necessarily spending State dollars except for basic staff administrative costs, but choosing to create a central agency within the Commonwealth that works with all ofthe other departments within this Commonwealth to proactively help them find work, find jobs. And the Chair and the rest ofthe Members know as well as I do that there is a very difficult environment economically for jobs for this particular group ofindividuals in the income ladder. It has been reported, and we are trying to confirm this, that in the State ofnew York, for example, in all of the new jobs created and filled in the last several months they were only able to find 31 positions, 31 across the entire State, Mr. President, in this income category, in this low-skill income situation. The Philadelphia Inquirer in the middle ofjanuary ran about an 80- to 100-page want ad section, and there were thousands of jobs, thousands ofjobs available, but less than 100 of the thousands ofjobs listed in the wantad section ofthe Philadelphia Inquirer on that very special Sunday were jobs tied to low-skill employment opportunities. NAMES, the Office of Neighbors Allied for Mutual Economic Success, is a central coordinating office designed to proactively secure employment opportunities through the Commonwealth ofpennsylvania. It does not require any additional State spending, except the hiring ofa director and two or three orfour clerical and support staff, and maybe some advertising ofthis new office, but all it will do is try to proactively, as I said before, get the State to do what the private sector is having a very difficultjobdoing - hiring individuals offthe welfare rolls into secure positions so that they can see their way clear in this new world of welfare reform. I ask for an affirmative vote on amendment A0405. Thank you, Mr. President. Dauphin, Senator Piccola. Senator PICCOLA. Mr. President, I rise in opposition to the amendment offered by Senator Hughes. I do so for a number of reasons. First ofall-- POINT OF ORDER Philadelphia, Senator Hughes. Senator HUGHES. Point oforder, Mr. President. The PRESIDENT. The gentleman will state his point. Senator HUGHES. Mr. President, consistent with last week's discussion, as I understand it the Senate Rules prohibit referral to personalities. The PRESIDENT. The gentleman is correct. SenatorPiccola, that simply means that it is acceptable for you to refer to the sponsor ofthe amendment as the gentleman from Philadelphia, and you may proceed. Senator PICCOLA. I beg the Chair's pardon. I do so for a couple ofreasons. First ofall, Mr. President, this bill, ifadopted into law, will create a new bureaucracy in State government which mayor may not be bad in and of itself. However, ifyou read the mandates that arebeing placed upon this new bureaucracy, you will find that the functions that are supposed to be fulfilled by this agency are already being fulfilled by a number ofstate agencies in State government, namely the Department ofwelfare and the Department oflabor and Industry. Particularly, our Department oflabor and Industry is providing a great number of services through our job centers and the revitalization of that aspect of that particular agency. So what the gentleman is asking us to do is to create another bureaucracy which is going to provide duplicative services to certain people in the Commonwealth. The second reason that I oppose the amendment is that it would appear that this amendment would create a preference in both State and local government hiring for welfare recipi-

15 1997 LEGISLATIVE JOURNAL - SENATE 251 ents. Section 905-C refers to the "Obligation ofcommonwealth Departments and Agencies," and it says, "All departments and agencies of this Commonwealth shall be required"--shall be required-"to provide employment to able-bodied welfare recipients." In my estimation, that creates a preference, a hiring preference that probably could supersede our already existing preference for qualified civil seryjee.. applicants, who within that group, ofcourse, have veterans preferences already applied to them. This would appear to create a preference which would supersede ourexisting hiring policies inthe Commonwealth. Finally, Mr. President, I oppose this amendment because if the Senate was observing the amendment that I offered to this bill a few moments ago, it is an amendment that is being required for us to adopt by the Federal government which involves the reimbursement of crime victims who are the victims of a crime which is a circumstance of international terrorism, and the Federal government has told us we must enact this particular statute by the 24th ofapril or we will lose about $1.8 million from the VOCA funds to our crime victim's fund here in Pennsylvania. So by adopting this amendment, with all of the unknown ramifications that I have referred to in my previous remarks, I think we jeopardize the ultimate passage ofthis bill and we certainly slow down the process to make passage by the 24th of April a near impossibility, thereby jeopardizing the Commonwealth's funding. I would respectfully suggest that the gentleman introduce this as a separate bill so that it can receive the kind ofconsideration that it should receive in one ofthe committees ofthe Senate and that the amendment in its present form be defeated. Philadelphia, Senator Hughes. Senator HUGHES. Mr. President, just a brief response. As I read the amendment I do not see language that would supplant any current language that already exists with respect to hiring. What I do see, Mr. President, especially in the context of the discussion of the creation of a new bureaucracy, what we are talking about here is really when you speak ofbureaucracy you are creating an office ofa handful ofindividuals who will work with the other departments of State government and all ofthe agencies that benefit from the almost $17 billion of State spending to find a way to get these organizations, these entities, these institutions to hire people offthe welfare rolls. Ifwe create an office of 3 or 4 or 5 individuals, or maybe IO individuals at most, what we are trying to do is use them, this small group of individuals, to find jobs for thousands ofpeople. The private sector is not stepping up to the plate, Mr. President They arejustnot responding. And State government and many individuals inthis Chamber, and many individuals on the House side, and groups all across say it is about jobs, it is about jobs, it is about hiring, it is about jobs, it is about job training. Get these poor, lazy folks out of their beds and off the street and get them into jobs. Well, ifthe private sector is not stepping up to the plate, which the private sector needs to do, then it is the responsibility of State government to figure out a way to respond to the crisis ofemployment. There is a crisis of employment in this Commonwealth, Mr. President. Jobs need to be available for these individuals. All this amendment does, and it is a replication of Senate Bill No. 414, which is currently in the Committee on State Government, all this bill does is try to proactively find a way for the State to provide jobs for people who desperately need them. I ask for an affirmative confirmation of this amendment, Mr. President, a "yes" vote. Thank you, Mr. President. LEGISLATIVE LEAVE CANCELLED The PRESIDENT. Senator Fumo has returned, and his temponuy Capitol leave is cancelled. And the question recurring, Will the Senate agree to the amendment? Lebanon, Senator Brightbill. Senator BRIGHTBILL. Mr. President, I ask for a negative vote. LEGISLATIVE LEAVES Lebanon, Senator Brightbill. Senator BRIGHTBILL. Mr. President, I request temponuy Capitol leaves for Senator Loeper, Senator Rhoades, Senator Hart, and Senator Heckler. The PRESIDENT. Senator Brightbill requests temporary Capitol leaves for Senator Loeper, Senator Rhoades, Senator Hart, and Senator Heckler. Without objection, those leaves are granted. The Chair recognizes the gentleman from Allegheny, Senator Bodack. Senator BODACK. Mr. President, I ask that we change Senator Aftlerbach's leave from a temporary Capitol leave to a legislative leave. The PRESIDENT. And that will be done. And the question recurring, Will the Senate agree to the amendment? The yeas and nays were required by Senator HUGHES and were as follows, viz: YEA-l9 Aftlerbach Kasunic Musto Tartaglione Bodack Kitchen O'Pake Wagner Costa Kukovich Schwartz Williams Furno lavalle Stapleton Hughes Mellow Stout Womiak NAY-29 Annstrong Hart Murphy Tilghman Bell Heckler Piccola Tomlinson Brightbill Helfrick Punt UIiana Connan Holl Rhoades Wenger Delp Jubelirer Robbins White Earll Loeper Salvatore

16 252 LEGISLATIVE JOURNAL - SENATE MARCH 17, Gerlach Greenleaf Madigan Mowery Slocum Thompson Less than a majority ofthe Senators having voted "aye," the question was determined in the negative. The PRESIDENT. The bill will go over in its order as amended. LEGISLATIVE LEAVE CANCELLED The PRESIDENT.. Senator Jubelirer has returned from legislative leave, and his leave is cancelled. UNFINISHED BUSINESS SENATE RESOLUTION ADOPTED Senators DEL~ STAPLETON, WENGER, O'PAKE, MADIGAN, KASUNIC, RHOADES, MELLOW, PUNT, PUMO, HELFRICK, MUSTO, JUBELIRER, BODACK, LOEPER, AFFLERBACH, BRIGHTBILL, KUKOVICH, SAL VATORE, TILGHMAN, ROBBINS, ARMSTRONG, COR MAN, EARLL, GERLACH, GREENLEAF, HART, HECK LER, MOWERY, MURPHY, PICCOLA, SLOCUM THOMP SON, TOMLINSON, ULIANA and WHI1E, by unanimous consent, offered Senate Resolution No. 30, entitled: A Resolution recognizing the week ofmarch 16 through 22, 1997, as "Agriculture Week" and March 20, 1997, as "Agriculture Day" in Pennsylvania. On the question, Will the Senate adopt the resolution? York, Senator Delp. Senator DELP. Mr. President, I rise today as chairman ofthe Senate Committee on Agriculture and Rural Affairs to recognize March 16 through 22 as Agriculture Week, and specifically Thursday, March 20, as Agriculture Day in Pennsylvania. For over 300 years, agriculture has been Pennsylvania's number one industry. Today, every citizen in this Commonwealth depends on agriculture for an abundant, inexpensive, safe, and nutritious food supply, yet the industry is often taken for granted. In fact, from fanning and food processing and marketing and transportation, one out ofevery five workers in Pennsylvania owes his or her job to agriculture. Our food and fiber industries create $3.8 billion in income each year, which in tum creates over $40 billion in income from related economic activity, and over $538 million in agricultural exports. These impressive facts speak volumes about the importance ofagriculture for Pennsylvania. It is important to note that our agriculture industry is also recognized around the world for its quality, variety, and dependability. Mr. President, we cannot accomplish this impressive task without the dedication of over 50,000 farm families and 2,300 food processing companies. Today's farmers use the latest technology to stay competitive in a global economy, and they are continually adapting to meet the changing demands of consumers and the environment. With spring just around the comer, the time of year when farmers begin to prepare their fields for planting, it is an ideal time to recognize their hard work and dedication and to promote a better understanding of the crucial role that agriculture plays in our lives. Mr. President, I ask the to Senate join me in unanimous consent ofmy resolution. And the question recurring, Will the Senate adopt the resolution? A voice vote having been taken, the question was detennined in the affirmative. CONGRATULATORY RESOLUTIONS The PRESIDENT laid before the Senate the following resolutions, which were read, considered and adopted: Congratulations ofthe Senate were extended to Mr. and Mrs. Eli L. Schaefer by Senator Armstrong. Congratulations ofthe Senate were extended to Mr. and Mrs. Frank Korenkiewicz by Senator Bell. Congratulations ofthe Senate were extended to Mr. and Mrs. Bernard Romanoski by Senator Helfrick. Congratulations of the Senate were extended to the Philadelphia Water Color Club by Senator Holl. Congratulations ofthe Senate were extended to Reverend and Mrs. Michael Olivieri and to Mr. and Mrs. James Rhodes by Senator Jubelirer. Congratulations of the Senate were extended to the Albert Einstein Medical Center's Ancillary Hospital Services Program ofphiladelphia by Senator Kitchen. Congratulations ofthe Senate were extended to Steve Ober by Senator Kukovich. Congratulations of the Senate were extended to the Rotary Club of New Brighton by Senator LaValle. Congratulations ofthe Senate were extended to Mr. and Mrs. Guerino Galli and to Josephine Konupka by Senator Lemmond. Congratulations ofthe Senate were extended to Mr. and Mrs. Louis Manci and to the Veterans of Foreign Wars Post 8335 Ladies Auxiliary ofpleasant Valley by Senator Mellow. Congratulations ofthe Senate were extended to Mr. and Mrs. Gregory Rosati and to Mayor Michel Nicolet of Loriol-du Comptot, France, by Senator Murphy. Congratulations of the Senate were extended to James J. McFarland and to the Pioneer Fire Company No. 1 ofhazleton by Senator Musto. Congratulations ofthe Senate were extended to Eleanor B. Young by Senator Piccola. Congratulations of the Senate were extended to Andrew Larson by Senator Punt. Congratulations of the Senate were extended to Reverend Father Ronald C. Bocian and to Stephen 1. Sheer, Jr., by Senator Rhoades. Congratulations of the Senate were extended to Kate L. Miller by Senator Robbins. Congratulations ofthe Senate were extended to Kensington Lodge No. 211, Free and Accepted Masons, ofphiladelphia by Senator Salvatore. Congratulations ofthe Senate were extended to Mr. and Mrs. John F. Apache, Jr. by Senator Stout.

17 1997 LEGISLATIVE JOURNAL - SENATE 253 Congratulations ofthe Senate were extended to Stephen T. Paslawski by Senator Tomlinson. Congratulations ofthe Senate were extended to the Clarion University Golden Eagles Men's Basketball Team by Senator White. RECESS Lebanon, Senator Brightbill. Senator BRIGHIBllL. Mr. President, I request a briefrecess ofthe Senate for a meeting ofthe Committee on Rules and Executive Nominations which will be held in the Rules room at the back ofthe Chamber. The PRESIDENT. For a briefmeeting ofthe Committee on Rules and Executive Nominations, the Senate stands in recess. AFTER RECESS The PRESIDENT. 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 ofthe Commonwealth, which were read by the Clerk as follows: MEMBER OF THE COUNCn.. OF TRUSTEES OF CALIFORNIA UNIVERSITY OF PENNSYLVANIA OF THE STATE SYSTEM OF mghereducation February 13, 1997 the advice and consent ofthe Senate, Steven P. Stout, R. D. #2, Box 328, Washington 15301, Washington County, Forty-sixth Senatorial District, for reappointment as a member ofthe Council oftrustees of California University ofpennsylvania ofthe State System ofhigher Education, to serve until the third Tuesday ofjanuary 2003, and until his successor is appointed and qualified. THOMAS 1. RIDGE MEMBER OF THE BOARD OF TRUSTEES OF CLARKS SUMMIT STATE HOSPITAL February 20, 1997 In conformity with law, I have the honor hereby to nominate for the advice and consent ofthe Senate, Samuel C. Cali, 303 West Elm Street, Thmmore 18512, Lackawanna County, Twenty-second Senatorial District, for reappointment as a member ofthe Board oftrustees ofclarks Summit State Hospital, to serve until the third Tuesday of January 2003, and until his successor is appointed and qualified. THOMAS 1. RIDGE MEMBER OF THE BOARD OF TRUSTEES OF CLARKS SUMMIT STATE HOSPITAL February 20, 1997 the advice and consent ofthe Senate, James A. Mancuso, R. D. #2, Box 345, Carbondale 18407, Lackawanna County, Twenty-second Senatorial District, for appointment as a member ofthe Board oftrustees ofclarks Summit State Hospital, to serve until the third Tuesday ofjanuary 2001, and until his successor is appointed and qualified, vice Anthony 1. Cammarota, Old Forge, whose term expired. THOMAS 1. RIDGE MEMBER OF THE BOARD OF TRUSTEES OF CLARKS SUMMIT STATE HOSPITAL February 20, 1997 the advice and consent ofthe Senate, Tina M. Muncie, 1133 West Elm Street, Scranton 18504, Lackawanna County, Twenty-second Senatorial District, for appointment as a member ofthe Board oftrustees of Clarlcs Summit State Hospital, to serve until the third Tuesday ofjanuary 2003, and until her successor is appointed and qualified, vice William P. Grochowski, Thmmore, whose term expired. THOMAS 1. RIDGE MEMBER OF THE COUNCn.. OF TRUSTEES OF EDINBORO UNIVERSITY OF PENNSYLVANIA OF THE STATE SYSTEM OF mghereducation February 13, 1997 the advice and consent of the Senate, Clifford E. Allen, 123 Maple Drive, Edinboro 16412, Erie County, Forty-ninth Senatorial District, for appointment as a member ofthe Council oftrustees ofedinboro University ofpennsylvania ofthe State System ofhigher Education, to serve until the third Tuesday ofjanuary 2003, and until his successor is appointed and qualified, vice John D. Catone, Hershey, resigned. THOMAS J. RIDGE SECRETARY OF HEALlH February 7, 1997 In conformity with law, I have the honor hereby to nominate for the advice and consent ofthe Senate, Daniel F. Hoffinann, 65 Brownstone Drive, Hershey 17033, Dauphin County, Fifteenth Senatorial

18 254 LEGISLATIVE JOURNAL - SENATE MARCH 17, District, for appointment as Secretary ofhealth, to serve at the pleasure ofthe, vice Dr. PeterJannetta, resigned. momas J. RIDGE MEMBER OF THE BOARD OF GOVERNORS OF THE STATE SYSTEM OF HIGHER EDUCATION January 28, 1997 In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, John K. Thornburgh, 2538 Lindenwood Drive, Wexford 15090, Allegheny COlmty, Fortieth Senatorial District, for appointment as a member ofthe Board ofs ofthe State System ofhigher Education, to serve until December 31, 2000 and ldltil his successor is appointed and qualified, vice Joseph M. Nespoli, Berwick, whose term expired. momas J. RIDGE MEMBER OF THE COUNCIL OF TRUSTEES OF KUTZTOWN UNIVERSITY OF PENNSYLVANIA OF THE STATE SYSTEM OF HIGHER EDUCATION February 24, 1997 In conformity with law, I have the honor hereby to nominate for the advice and consent ofthe Senate, The Honorable Guido M. Pichini, 24 Upland Road, Wyomissing Hills 19609, Berks County, Forty-eighth Senatorial District, for appointment as a member of the Council of Trustees ofkutztown University ofpennsylvania ofthe State System ofhigher Education, to serve until the third Tuesday ofjanuary 2003, and until his successor is appointed and qualified, vice Richard A. Gray, Jr., Allentown, resigned. momas 1. RIDGE MEMBER OF THE STATE BOARD OF EXAMINERS OF NURSING HOME ADMINISTRATORS February 24, 1997 In conformity with law, I have the honor hereby to nominate for the advice and consent ofthe Senate, Doris S. Turbett, 413 Mountain Street, P O. Box 183, Summerdale 17093, Cumberland County, Thirty-first Senatorial District, for reappointment as a member ofthe State Board ofexaminers ofnursing Home Administrators, to serve for a term offour years or ldltil her successor is appointed and qualified, but not longer than six months beyond that period. momas 1. RIDGE MEMBER OF THE STATE BOARD OF OPTOMETRY December 23, 1996 In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Sylvester Schicatano (Public Member), 1720 Clinton Avenue, Shamokin 17872, Northumberland County, Twenty-seventh Senatorial District, for appointment as a member ofthe State Board ofoptometry, to serve for a term offour years and until his successor is appointed and qualified, but not longer than six months beyond that period, vice Donna Kay Gresh, Enola, whose term expired. momas 1. RIDGE MEMBER OF THE BOARD OF TRUSTEES OF SCRANTON STATE SCHOOL FOR THE DEAF January 21, 1997 In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Thomas L. Shaffer, 56 Govier Street, Wilkes-Barre 18705, Luzerne County, Fourteenth Senatorial District, for reappointment as a member ofthe Board oftrustees of Scranton State School for the Deaf, to serve until the third Tuesday of January 2003, and until his successor is appointed and qualified. momas J. RIDGE MEMBER OF THE STATE BOARD OF VEHICLE MANUFACTURERS, DEALERS AND SALESPERSONS February 12, 1997 In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Edward C. Cernic, Jr., 490 Naylor Road, Johnstown 15906, Cambria County, Thirty-fifth Senatorial District, for appointment as a member ofthe State Board ofvehicle Manufacturers, Dealers and Salespersons, to serve for a term of four years and until his successor is appointed and qualified, but not longer than six months beyond that period, vice Benjamin L. Koch, Fleetwood, whose term expired. momas J. RIDGE MEMBER OF THE STATE BOARD OF VEHICLE MANUFACTURERS, DEALERS AND SALESPERSONS December 16, 1996 In conformity with law, I have the honor hereby to nominate for the advice and consent ofthe Senate, Richard J. Cessar (Public Member), 4251 Chamberton Court, Allison Park 15101, Allegheny County, Fortieth Senatorial District, for appointment as a member ofthe State Board of Vehicle Manufacturers, Dealers and Salespersons, to serve for a term offour years and until his successor is appointed and qualified, but not longer than six months beyond that period, vice Richard A. Eastman, Macungie, whose term expired. momas 1. RIDGE

19 1997 LEGISLATIVE JOURNAL - SENATE 255 MEMBER OF THE LACKAWANNA COUNTY BOARD OF ASSISTANCE February 20, 1997 the advice and consent ofthe Senate, Kimberly Klee-Rodriques (Republican), 441 New Street, Scranton 18509, Lackawanna County, Twenty-second Senatorial District, for appointment as a member ofthe Lackawmma COWlty Board ofassistance, to serve until December 31, 1999, and until her successor is appointed and qualified, vice Frank T. Eshmont, Throop, resigned. momas J. 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. The nominations will be laid on the table. RECONSIDERATION OF SB 125 BILL ON TInRD CONSIDERATION OVER IN ORDER SB 125 (pr. No. 387) -- The PRESIDENT. The Chair recognizes the gentleman from Philadelphia, Senator Furno. Senator FUMO. Mr. President, I move that the vote by which Senate Bill No. 125 passed finally be reconsidered. The motion was agreed to. And the question recurring, Shall the bill pass finally? Philadelphia, Senator Furno. Senator FUMO. Mr. President, I move to reconsider the vote by which the bill was agreed to on third consideration and that it go over in its order. The PRESIDENT. Without objection. Senator BRIGHTBILL. No objection. The PRESIDENT. The motion is agreed to and the bill will go over in its order. PETITIONS AND REMONSTRANCES Dauphin, Senator Piccola. Senator PICCOLA. Mr. President, as the Senator from the 15 th Senatorial District, I am very proud to represent the capital city of Harrisburg, a third-class city here in Pennsylvania. Therj: are a number of reasons why I have that pride. All you have to do is look at the beautiful State Capitol and our reborn downtown area that welcomes thousands ofvisitors to the State capital each year. However, there are parts of Harrisburg and many other third-class cities inthe Commonwealth, and other cities in the Commonwealth as well, that are not as nice as the environment surrounding our State Capitol, and you do not have to go too far from the Capitol to see some ofthe blighted neighborhoods that were once flourishing here in Harrisburg, neighborhoods that are similar to neighborhoods in other parts of this great Commonwealth. And the question arises by many people as to why these neighborhoods are deteriorating, and there are probably a lot ofreasons for that, but there are a set ofreasons for that deterioration which have been caused by the inability ofcity government to deal with a phenomenon known as the absentee landlord. What is occurring in many ofthese neighborhoods is that landlords are purchasing this residential property, they are renting it out, they are not abiding by the local codes and ordinances, they are not maintaining the property. The tenants are not caring for the property. They use it, they leave, it continues to deteriorate over and over until finally it is abandoned and the city will have to destroy the property, leaving vacant lots. And you do not have to go too far from this very Capitol to see that phenomenon right here in the city ofharrisburg. I am hopeful, Mr. President, that there will soon be some hope for those kinds of blighted neighborhoods, and I might add, Mr. President, that it is not only the inner city of these cities that are suffering these kinds ofconsequences. On February 9 ofthis year, the Harrisburg Patriot-News did a story about an apartment complex in the Italian Lake area ofuptown Harrisburg, certainly not part of the inner city, that is suffering some ofthe same kinds ofsymptoms that have caused the deterioration ofsome ofour inner cities. There is hope, however, Mr. President, as I indicated, because on April 1 ofthis year, when we return to Session, the Senate Committee on Urban Affairs and Housing is going to have a public hearing on a package ofbills, three of which I have introduced, and I believe that those bills will go a long way not by giving State aid or not by imposing some rule or regulation from Harrisburg, but to give to the cities like the city of Harrisburg and cities similarly situated the ability to simply enforce, with teeth, their own ordinances. The bills that I have introduced, two of them are amendments to the third-class city code which would increase the fine for the first two violations ofcity housing codes, increase itup to a $1,000 fine. Presently, those fines are substantially less than that, and oftentimes the landlords and the owners ofthese properties can very expeditiously avoid any serious detriment to their ownership because the fines are so low. The third bill that I have introduced--incidentally, these bills are Senate Bill No. 541, Senate Bill No. 542, and Senate Bill No the third bill in this package would make it a criminal offense, a misdemeanor, to violate the same section ofthe Housing Code four or more times. It would create the crime known as Municipal Housing Code Avoidance. Three other bills introduced by the gentleman from Lebanon, Senate Bill No. 538, Senate Bill No. 539, and Senate Bill No. 540, will likewise assist the cities in enforcing theirordinances. These bills, these three bills will require the buyer of a building with known code violations to bring the building into compliance or to demolish the building within a year after the purchase, and these bills would also allow the municipali-

20 256 LEGISLATIVE JOURNAL - SENATE MARCH 17, ties to ask a court to step in to prevent a particular tax claim sale ifthe prospective buyer has a record ofcode violations. Nmv, as I indicated, Mr. President, the chairman ofthe Senate Committee on Urban Affairs and Housing has graciously consented to have a public hearing on these six very important bills. These are good pieces of legislation, Mr. President, because they, as I said before, do not impose regulations and rules from Harrisburg. They do not cost a great deal of money, but they will allow the cities themselves to enforce their own ordinances and to deal with the problem locally, which is where it has to be dealt with. Mr. President, we have seen in recent years a crisis in land use, urban decay and suburban sprawl, and in part that is a reflection ofthe decaying inner cities, and ifwe can give the cities ofthis Commonwealth the tools to enforce their own code ordinances and their own zoning ordinances and their own building codes, we will go a long way toward helping to make housing affordable in our inner cities and revitalize these cities which are part ofthethriving economy ofour Commonwealth. Mr. President, thank you for the opportunity to present these issues to the Senate, and I look forward to April 1 when the Senate Committee on Urban Affairs and Housing hears from the citizens ofthe Commonwealth on these very important pieces of legislation. Philadelphia, Senator Fumo. Senator PUMO. Mr. President, I look forward to that date, too, representing the city ofphiladelphia. We have many more problems than the city ofharrisburg does in the inner city, and ifthere is a way to solve it, we are more than interested. Mr. President, however, at this time I rise to speak a little bit about the Pennsylvania Lottery. This month the Pennsylvania Lottery celebrated its 25th anniversary with a special 25th anniversary game show hosted by Dick Clark. As I watched the special, I noted that there was one glaring omission: the absence of any mention of the man who was responsible for starting the Pennsylvania Lottery, Milton Shapp. I would like to take a few minutes to remember the man who propelled the idea through the General Assembly. Milton Shapp probably did more for Pennsylvania than any other chiefexecutive in modem times to put this State ona sound financial footing, while atthe same time helping the people ofour State who needed the help most. Certainly senior citizens never had a better friend. The State Lottery provides mass transit and shared rides, along with property tax and rent relieffor our senior citizens. One out ofevery four prescriptions filled in this State is a PACE prescription. The Lottery provides half the budget for the 53 local Area Agencies on Aging, and halfthe budget ofmore than 700 senior citizen centers around the State. The Department of Aging, which administers these Lottery programs and oversees many other services for our elder residents, was born in the Shapp administration. In fact, Mr. President, my very first vote on this Senate floor was for the creation ofthat Department ofaging back in The Lottery now provides $560 million annually in benefits to senior citizens. It has funded nearly $10 billion since its inception 25 years ago. The Lottery helps more than just senior citizens. In addition to the prize winners, of course, retailers also make out pretty well. Each year they earn almost $82 million in commissions, most ofwhich are paid to small businesses. Certainly the Lottery is a gleaming illustration of Shapp's legacy, but it is only part of the story. He was a self-made millionaire. He was also a humble, down-to-earth man who did not mind a laugh at his own expense. In his final days as, Shapp was kidding with reporters about his legacy. Keep in mind that before the 1970s, the Turnpike used to have pay toilets at its rest areas so travelers could not stop and use the facilities without the State extorting a dime or a quarter, or whatever it was then, justbecause they had to make a pit stop. They changed that during the Shapp administration, and as he was leaving office he told reporters that he would probably go down in history as the man who abolished pay toilets on the Turnpike. In reality, though, he gave the people of Pennsylvania much more than that. Historian Paul Beers in his book, "Pennsylvania Politics Today and Yesterday," noted that America did not appreciate Harry Truman until several decades after he retired. Beers figured it might take Pennsylvania as long to give Milton ShaPP the respect he deseives as champion ofthe common man. Like Harty Truman, Shapp did not leave office as a terribly popular man, but as we reflect on his accomplishments today, we realize that Pennsylvania is a better place to live because of the 8 years he spent in the 's Office. The State was in a fiscal crisis when he took over in We were spending about $1 million a day more than we were receiving in revenue. We had not had a budget in 18 months, and Shapp inherited a $500 million deficit--that is in 1971 dollars--from the previous administration. He brought back fiscal solvency and carried Pennsylvania into the modem era oftax fairness by gaining passage ofa personal income tax. That was not an easy orpopularthing to do, but ShaPP got us through it. And during his 8 years inoffice, he had six budget surpluses. Not only did he solve the financial crisis that the State faced, he also put modem budgeting methods into effect, and he insisted that State money sitting inbanks earning no interest be invested. He started the practice ofkeeping the legislature informed about budget matters on a year-round basis, something that had been rarely done before and continues to today. The State's share ofthe school subsidy was never as high as it was under Shapp, and it has not been that high since. After making sure that the State had adequate revenues, he invested the taxpayers' money wisely in our future in school children and education. During part of the Shapp administration, the State was an equal partnerwith local school districts, paying 50 percent of the cost ofschool district budgets. Milton Shapp understood that although government cannot do everything, there are some things that government can do well. He understood that tax money belongs to the people and that it should be spent to improve the lives ofpeople who cannot help themselves, and

21 1997 LEGISLATIVE JOURNAL - SENATE 257 knew that by doing so, we improved the lives of everyone in society. In a speech in 1973 in Pittsburgh, he insisted that the State had to do more to help the downtrodden. He said, and I quote, "In the name ofeconomy, genuine human needs are being neglected." IfMilton Shapp hadbeen last year, I bet we would not have taken health care away from 220,000 working poor Pennsylvanians because we could not afford it, after we gave business almost $300 million in tax breaks. Shapp was often at odds with the legislature because he was a man ahead ofhis times in many ways. Back in the 1970s he proposed a graduated income tax, local property tax reform that we still struggle with today, School Code revisions, no-fault divorce, and prison reform, among other things. We accomplished a few of these things, but we are still wrestling with some of the problems that Milton Shapp perceived and tried to fix almost 20 years ago. He did achieve many ofhis fonvard-thinking goals, however. Under Shapp we passed a Sunshine Law for open government, transportation for nonpublic school students, a consumer advocacy law, State preservation ofour sections ofthe Appalachian Trail, and flood control measures. He showed concern for people in little ways. For example, he realized that a baby born out ofwedlock did not deserve the stigmatized phrase "illegitimate child," so it was abolished as a legal term during his administration. Maybe he cared so much about others because he felt the sting of discrimination himself as a Jewish-American to the point that he changed his name from "Shapiro" to "Shapp" to escape it. For 25 years the Pennsylvania Lottery has been providing benefits to senior citizens. I hope thatall Pennsylvanians take a moment to acknowledge and remember the contributions that Milton Shapp made to this Commonwealth. Thank you, Mr. President. Northampton, Senator Uliana. Senator ULIANA. Mr. President, I rise to inform the Membership of this body about our April I hearing which the gentleman from Dauphin, Senator Piccola, talked about. I am chairman ofthe Committee onurban Affairs and Housing, and there is, I think, no more important priority for our inner cities than the restoration ofa good housing stock. I live in the city ofbethlehem in a row-home neighborhood inthe northeast section oftown right by one ofour largest public housing projects, and there is nothing that concerns me, my family, and my neighbors more, many ofwhom are young individuals like myself in our early 30s with young children growing up, than to have somebody come into our neighborhood, purchase a home and then take that owner-occupied home and tum it into an apartment building when they move out and are no longer there. One of the greatest problems that our inner cities have faced is that of absentee landlords, landlords who care not whether their homes look good, whether their homes are presentable, or whether they pay their bills to the community from which they make so much money. Mr. President, just last year I sat with Senator Piccola and the gentleman from Lebanon, Senator Brightbill, and Mayor Steve Reed from the city ofharrisburg in a shell ofa building which that city could not condemn, which that city could not take over, which that city could not get a way with or compel the owner to fix up. That is one of the true tragedies of our downtowns and inner cities. What is more important even than that, Mr. President, is that we see these housing units destroying and decaying inner-city neighborhoods which forces good, working class parents to move out to the suburbs and leaving lower and lower property values for those people who just cannot move out. Many times old senior citizens living on a fixed income are forced to suffer in decaying neighborhoods. Well, I think it is time that we stopped this. For too often our solutions were go to the Federal government, look to the Federal government to bring in hundreds ofmillions ofdollars to bulldoze neighborhoods and build big highrises. Well, for the last 30 years I think, Mr. President, that decision and that public policy position has been a great mistake. And we have seen its effect on hundreds of neighborhoods across this State and neighborhoods all across this country. I have toured public housing projects, the Raymond Rosen housing project in Philadelphia, which has since been demolished, the Richard B. Allen project in southwest Philadelphia, all ofthese show some ofthe problems with government planning and some ofthe problems with government urban policy. Well, I am happy to say that we are embarking on a new public policy direction, one that is going to require our landlords and require people who own buildings within our city neighborhoods to bear a greater responsibility to that city, to not look at their communities anymore as some place where they can come in and suck the wealth and the blood from the people there and not care anything about it. Senator Piccola was right in outlining that we need to have stricter code enforcement, we need to ask more of our landlords so that they keep up those facilities, but I would go even a step further. We need to ensure that those landlords are making their proper payments to the communities in which they own houses, that they are making their municipal fee payments for sewage and water, that they are making their tax payments to those communities, because all too often they use the letter ofthe law as a way to skirt payment for many of these services, to push off payments where the good, honest, hardworking people who pay their taxes on time, sometimes in cash, are left to carry much ofthe burden. The city of Easton in my senatorial district was faced this year with having to raise taxes by more than $1 million. They had on their backlog 28 property owners who, combining their municipal sewage and their back taxes, owed over $1 million. But when we looked with the city treasurer at the laws in Pennsylvania regarding the city's ability to claim that money, to make these landlords pay what was rightfully due to the city ofeaston, we found impediment after impediment after impediment. The treasurer's sale, once meant as a way for the city to get payment for wastewater, for sewage, for water, is almost irrelevant, because we found that ifyou go to a treasurer's sale, you have up to 2 years after the sale has been made as a property owner to pay the back bills and reclaim the title. There has never been a property sale thati can see inthe

22 258 LEGISLATIVE JOURNAL - SENATE MARCH 17, Commonwealth ofpennsylvania because ofthat prohibition. In addition, there was no definition for when somebody became delinquent So when somebody becomes delinquent and fails to pay, there was no point at which the city could say that there was a delinquency established. So we are going to try to focus inthat hearing not only on seeing what we can do to improve the property stock in our communities by asking the landlords to be more responsible for the physical upkeep oftheir buildings, but we are going to ask more ofthose landlords to pay their bills on time. Mr. President, when I get my bill from the school district and it says a certain date, I make sure I pay it by that certain date, because I do not want to see, one, my name in the paper as someone who is late, but more importantly than that, I believe that is my civic responsibility. We need to instill that responsibility and that credo within all ofthose people who own buildings within our communities. We started last year, Mr. President, by asking more of our tenants. We gave landlords greater abilities to evict tenants and to evict them quicker, because they kept telling us that tenants were part ofthe problem. Well, I do not doubt them. I know a lot ofpeople who are good, honest landowners who have had problems with tenants, but we also must ask a similar amount ofresponsibility from the landlords to assure thatthey do their part in making ourcommunities good places to live. Inthe next 10 years I want to be able to live in my neighborhood in northeast Bethlehem and not have to worry about some absentee landlord allowing their property to get run down, because my next door neighbor is an old widow, Viola, who does not have much money and does not have anywhere to go. I might have a chance to get out of that community because I work for the State Senate and my wife works, but Viola will not have the opportunity to get out of that community. She will be stuck there because she does not have the resources to move. For all ofthe Violas like that in this community, for all theyoung parents trying to get started and live in a good community, we need to move on this legislation to assure that the promise ofpennsylvania's urban communities is fulfilled and lived out. I welcome everybody to our hearing on April I, and I will look forward to working with all the other Senators to continue to improve our urban neighborhoods. Philadelphia, Senator Furno. Senator FUMO. Mr. President, ifi may inbrief response, I think the ideas, at least the phrasing ofthe issues seems to be appropriate, but I would caution my Republican colleagues on that side ofthe aisle that they should not be too quick to rush to judgment. We have seen where people have tried to solve this problem before with rent control and things ofthat nature. And also if you make it too burdensome on landlords, for example, and I do not know what the legislation says and I intend to look at it, but if you say to someone if they buy a building and have to fix it up or tear it down, what I can foresee happening is nobody buying the building. So you have to be careful with how much you tinker with the free enterprise system. Only a word of caution from a Democrat who is not supposed to be speaking about those things, but that is my feelingon that. Northampton, Senator Uliana. Senator ULIANA. Mr. President, I would duly note Senator Fumo's caution. It is, I think, an appropriate step because we need to make our communities and inner-eity neighborhoods work more like the free market system. I think the gentleman's ideas on rent control are exactly correct, but we need to auger from and ask from our landlords greater responsibility. I know the gentleman is a smart businessman. We would welcome his input into this process to ensure that the changes which we think are good for Harrisburg and Bethlehem and Easton are also good for our largest city in the Commonwealth, Philadelphia. We look forward to working with him because I think this is one ofthose issues, and we get up a lot in debate on both sides ofthe issues, but I think this is one issue where Democrats and Republicans can work together because I think our goals are the same. I just think we need to work on the details. So we look forward to working with the gentleman and his staff throughout this process. Senator FUMO. We will do that, Mr. President, and I will also ask some of the members of city council in Philadelphia who deal with this issue on a continuing basis. Ifyou want to see blight, come to Philadelphia. Senator ULIANA. I have been there. Senator FUMO. We have areas that are bigger than your whole city that are blighted, and I am more than happy to get involved with this. Senator ULIANA. Mr. President, I have been to the Richard Allen housing project and the Raymond Rosen housing project, and I can sympathize and I understand where you are coming from. Senator FUMO. Mr. President, we are having a civil discussion for a change andyou want to turn offthe mike. Senator ULIANA. Just enough to get you excited. Senator FUMO. You cannot win for tiying. The PRESIDENT. The Chair would make clear that the rules are rules and both ofyou gentleman acknowledge the rules most of the time, and it permits a Senator to comment twice on a subject. I do not even think you want to know the rules that relate to this kind of rhetoric during Petitions and Remonstrances. The Chair recognizes the gentleman from Lebanon, Senator Brightbill. Senator BRIGHTBILL. Mr. President, I would like to comment regarding the comments by the gentleman from Philadelphia regarding Shapp. In the early 1960s I was a reporter for the Lebanon Daily News and I covered the first time that Milton Shapp ran for, and I think Milton Shapp, in my judgment, had the best slogan ever in the history of politics. It was, "Shapp means business and jobs for Pennsylvania." I was very much impressed when he would visit Lebanon, and I got to see a lot of candidates, some of whom were good and some of whom were not, and I was most impressed with the late Shapp as a candidate because he had a terrific feel for that one

23 1997 LEGISLATIVE JOURNAL - SENATE 259 county that I happened to know something about at that time, and he did an outstanding job. I think the gentleman's remarks regarding the are well-taken. 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 BOARD OF TRUSTEES OF HAVERFORD STATE HOSPITAL March 17, 1997 the advice and consent of the Senate, Mary Ann Arty, 527 Lehann Circle, Springfield 19064, Delaware COWlty, Twenty-sixth Senatorial District, for reappointment as a member ofthe Board oftrustees of Haverford State Hospital, to serve Wltil the third Tuesday ofjanuary 2003, and Wltil her successor is appointed and qualified. THOMAS 1. RIDGE MEMBER OF THE BOARD OF TRUSTEES OF NORRISTOWN STATE HOSPITAL March 17, 1997 the advice and consent ofthe Senate, Bruce L. Castor, Jr., Esquire, 548 Mininger Road, Soudertown 18964, Montgomery COWlty, Twentyfourth Senatorial District, for appointment as a member ofthe Board oftrustees ofnorristown State Hospital, to serve Wlti1 the third Tuesday ofjanuary 1999, and until his successor is appointed and qualified, vice Marianne D. Szauer-Mehler, Bethlehem, whose term expired. THOMAS 1. RIDGE MEMBER OF THE STATE REAL ESTATE COMMISSION March 17, 1997 the advice and consent of the Senate, Joseph Ottaviano, Jr. (Public Member), 251 Cheswold Lane, Haverford 19041, Montgomery COWlty, Seventeenth Senatorial District, for appointment as a member ofthe State Real Estate Conunission, to serve for a term offive years or Wlti1 his successor is appointed and qualified, but not longer than six months beyond that period, vice Raymond H. Miley, Jr., North Wales, whose term expired. THOMAS 1. RIDGE MEMBER OF THE BOARD OF TRUSTEES OF SCRANTON STATE SCHOOL FOR THE DEAF March 17, 1997 the advice and consent of the Senate, Thomas A. Blaskiewicz, 926 William Street, Avoca 18641, Luzerne County, Fourteenth Senatorial District, for reappointment as a member ofthe Board oftrustees of Scranton State School for the Deaf, to serve until the third Tuesday of January 2003, and Wltil his successor is appointed and qualified. THOMAS 1. RIDGE ANNOUNCEMENTS BY THE SECRETARY The following announcements were read by the Secretary of the Senate: 9:30AM. 10:00 AM. 10:15 AM. 11:30 AM. 10:00 AM. 10:00 AM. 10:00 AM. 10:00 AM. SENATE OF PENNSYLVANIA COMMITTEE MEETINGS TUESDAY, MARCH STATE GOVERNMENT (to consider Senate Bills No.7, 126,200,236, 253,281,299 and 613; and Senate Resolution No. 14) LAW AND JUSTICE (to consider Senate Bills No. 147, 330 and any other business that may come before the Committee) JUDICIARY (to consider Senate Bills No. 301,420,423 and 640; and House Bills No. 12,149 and 152) LABOR AND INDUSTRY (to consider Senate Bills No. 212, 251 and 307) WEDNESDAY. MARCH TRANSPORTATION (public hearing on Rail Merger) WEDNESDAY. MARCH JUDICIARY (public hearing on Senate Bill No. 570) TUESDAY. APRIL URBAN AFFAIRS AND HOUSING (public hearing on Senate Bills No. 538,539,541 and 542) THURSDAY. APRIL PUBLIC HEALTH AND WELFARE (public hearing on Senate BiD No. 100) RulesCmte. Conf. Rm. Room 461 Mn. Capitol Room8E-A East Wing RulesCmte. Coot: Rm. Room8E-B East Wing Suite th Floor Wannamaker Bldg. Philadelphia Room8E-A East Wing Room8E-B East Wing