1Jkgislati& JJournal

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1 COMMONWEALTH OF PENNSYLVANIA 1Jkgislati& JJournal TUESDAY, FEBRUARY 28,1995 SESSION OF TH OF THE GENERAL ASSEMBLY No. 14 SENATE TUESDAY, February 28, 1995 The Senate met at 1 p.m., Eastern Standard Time. The PRESIDENT (Lieutenant Governor Ma1k S. Schweiker) in the Chair. PRAYER The Chaplain, Reverend Dr. MICHAEL M. MAZER, of the First Baptist Chwch, Washington, offered the following prayer: Let us pray. Almighty God,1 we long for a better understanding of things that are spiritual, that we may know surely what Your will is for us and what Your desire is for the Commonwealth of Pemsylvania. Today we pray that You would grant to the Members of this Chamber a clear vision that they may know what things are noble and true and what things are worthy ofstanding up for, because if we do not stand for something that is right and good, we are surely to fall for anything that comes along, even in the name of progress. o Lord our God, we need to be reminded over and over that politicians come and go, but You are from everlasting to everlasting, that there is no resignation on Your part but You are always working on our behalf. And now, 0 God, on behalf of too many of the citizens of this Commonwealth, I bring confession before You that we have been unkind and often we have been sources of irritation to the Members of this Chamber, because we have expected them to do too much when we have given them too little to work with. We have harassed them, believing that they are forever indebted to us, that they are not public servants but they have been in servitude to our whims and desires. The Senate Members are oftentimes troubled because of the difficulties and the uncertainties of the hours when the resowces to do that which is needed for all the citizens, the young and the old, the disenfranchised, are not there, and so cuts must be made when it seems so painful to make them. And so we pray today that You would remind us that we can still be at peace with ourselves and with one another when we put our faith and our trust in You. For we do know and believe that You can provide all good things ifwe would humbly seek Your wisdom and counsel. Help us to be a people of a Commonwealth who are committed to the belief of what we find on our coins when we reach in our pockets, that "in God we trust." And so today I trust that You would bless the Members of this Chamber, those who wolk for them, the administrators and all who are gathered, that indeed we might be able to bring a better understanding of what it is to be the people of Pemsylvania. Bless us today as only You can, in the name of Jesus Christ our Lord, who provides all good things. In his name we pray. Amen. The PRESIDENT. The Chair thanks Reverend Mazer, who is the guest today of Senator Stout. LEGISLATIVE LEAVES The PRESIDENT. The Chair recognizes the gentleman from Lackawanna, Senator Mellow. Senator MELLOW. Mr. President, I request a legislative leave for Senator Dawida, and temporary Capitol leaves for Senator Kasunic and Senator Wagner. The PRESIDENT. Senator Mellow requests a legislative leave for Senator Dawicla, and temporary Capitol leaves for Senator Kasunic and Senator Wagner. Without objection, those leaves will be granted. LEAVES OF ABSENCE Senator MELLOW asked and obtained leaves ofabsence for Senator BODACK, Senator HUGHES, and Senator FUMO, for today's Session, for personal reasons. JOURNAL APPROVED The PRESIDENT. A quorum of the Senate being present, the Clerk will read the Journal of the preceding Session of February 27, The Clerk proceeded to read the Journal of the preceding Session. Senator LOEPER. Mr. President, I move that further reading of the Journal be dispensed with and that the Journal be approved. Will the Senate agree to the motion? The yeas and nays were required by Senator LOEPER and were as follows, viz:

2 178 LEGISLATIVE JOURNAL - SENATE FEBRUARY 28, YEAS-47 Afllerbach Greenleaf Mellow Shumaker Andrezeski Hart Mowery Stapleton Annstrong Heckler Musto Stewart Baker Helfrick Q'Pake Stout Belan Holl Peterson Tartaglione Bell Jones Porterfield TIlghman Brightbill Jubelirer Punt Tomlinson Connan Kasunic Rhoades Uliana Dawida lavalle Robbins Wagner Delp Lemmond Salvatore Wenger Fisher Loeper Schwartz Williams Gerlach Madigan Shaffer NAYS-{) A majority of the Senators having voted "aye," the question was detennined in the affinnative. The PRESIDENT. The Journal is approved. SPECIAL ORDER OF BUSINESS 1994 PENN STATE FOOTBALL TEAM PRESENTED TO THE SENATE The PRESIDENT. The Chair recognizes the gentleman from Centre County, home of Penn State University, Senator Corman. Senator CORMAN. Mr. President, it is indeed an honor for me today--i might say once again--to present to the Senate of Pennsylvania a national champion football team. This is the national champion 1994 football team from Penn State. They are accompanied by their outstanding coach, Joe Paterno, who was once again named coach of the year, and I forgot to ask Joe how many times it has been, but it has been four or five times that he has been recognized as the outstanding coach in college football in America. Also accompanying them are the athletic director, Tim Curley, and assistant athletic director, Budd 1balman, and a host of the other coaches, one of whom I am sure some of you will remember, Kenny Jackson, who was an All-American at Penn State and he played for the Philadelphia Eagles. There are some here, I am sure, who were in attendance down there to watch the Eagles play and watch Kenny do the magic he does in catching the ball. It is really an honor to have these outstanding men here with us today, because not only are they outstanding athletes but they are outstanding young men as well, as Joe teaches them to be gentlemen as well as to be athletes. Mr. President, at the beginning of this year we adopted a ~itation commending them Since they were not present at that time, I am going to read the citation again for these gentlemen I have a copy of the citation to give to Joe, and each member of the team and coaching staff will also have one of these as a memento of your trip to the Senate. The citation reads as follows: (Reading) Whereas, ~e ~ 994 Pennsylvania State University Nittany Lion Football Team IS being honored as being one of the greatest teams in Pennsylvania sports history; and Whereas, The Penn State Nittany Lions, who completed the regular season with a perfect eleven wins and zero losses have defeated the University of Oregon Ducks to ftnish the season'ranked --and, I will add, by some -- a controversial seco~d in the rac~ for a national championship; and ~, On th~ way to th~ first ~ose Bowl appearance since 1923, ~e Nlttany LIons won therr ftrst BIg Ten Championship while smashing twenty-four school records. The team under the brilliant leadership ofnational Coach ofthe Year Joe Pa~o led the nation in scoring with nearly forty-eight points per game. fu addition, ftve team m~bers have the rare distinction of being selected as first team All-AmerIcans. C~ntly, the Penn State Nittany Lions have won seventeen consecutive games, thereby holding the record for the longest winning streak for the nation; and Whereas, In the New York Times ftnal computer power mnkings Penn State receiv~d the top ~wer mnking of 1.00; the Scripps Ho~ news service ftnal rankings placed Penn State No. 1 in the nation;. and the ~ag~ Footbal! Ratings declared the Nittany Lions No.1 m the nation WIth a mnking of , and won the Big Ten Conference championship, Sagarin's top-rated conference. Now therefore, the Senate of the Commonwealth of Pennsylvania congratulates The Pennsylvania State University Nittany Lion Foot ~ Team. on its thrilling season; and proudly declares the Penn State Nlttany LIOns as the 1994 National Champions of college football; And directs that a copy of this document, sponsored by myself and a whole host of the Members of the Pennsylvania Senate, be distributed to you, and I will be doing that at this time. Mr. President, I wish you would call on the head coach, Joe Paterno, to share a few thoughts with us, as well as one of their players, All-American Kyle Brady. The PRESIDENT. The Chair would now invite Coach Joe Paterno to share some thoughts with the Senate. Coach PATERNO. Thank you. Thank you, Mr. President. Thank you very much. I come here with a little trepidation because-- (Tape recording of Penn State Fight Song played in Chamber.) Coach PATERNO. Well, I see you have a good band anyway. That may be the only thing that plays together every day. I am delighted to be here, as I started out to say, with a little trepidation because, you know, we felt we were as good a football team as there was in the countiy, and we appreciate the fact that you folks would get together and pass a resolution naming us as national champions. I think this team played as well as any national championship football team could play. For the ftrst time, only the second time in history, they scored over 30 points in every one of their football games. They beat a lot of good football teams, and the thing they did that I was so please with was they did it with good sportsmanship, they handled themselves well on and off the field, they are good students and good people. I think they represent the university as well as themselves and their institution very well, and I think they represent the State of Pennsylvania as well as it could be represented in any kind of a competitive sport, as demanding a football season as we had to go through, no hot-dogging, no talking trnsh, 110 alibis, no crying when we did not get acknowledged at least as co-ehampions. So I am very, very proud of this group, I am very, very proud to be here with them, and I appreciate very much what

3 1995 LEGISLATIVE JOURNAL - SENATE 179 you gentlemen and ladies have done for this team. I particularly want to mention one of your Members, Senator WIlliams, who is sitting out there who is an old-i will not say old-a fonner basketball player at Penn State. I do not want to say old because when the Senator was a young player at Penn State, I was also a young coach and we used to have a lot of fun playing a little 3-on-3 basketball in old Rec Hall. And I know he is a tough Senator and he was a tough basketball player, but I came from Brooklyn and we could always eat up those guys from Philadelphia. So I come here again, and I want to say how very much we appreciate this, all Penn Staters, all the people who identify with this football team appreciate the position you folks have taken It ~es us feel good. It makes us feel in the eyes of a lot of people and the people who really count, our own PennsyIvanians, that we are national champions, and I very much appreciate this. Thank you very much. The PRESIDENT. Coach, we thank you in particular for throwing that football. The Chair would now invite one of Pennsylvania's and the USA's finer quartetbacks - or tight-end, I should say. We just heard from the leading quartetback. We are going to have Kyle Brady, from Cumberland County, share some thoughts with the Senate. Mr. BRADY. On behalf of the players here and the entire Penn State football team, I would just like to thank you all for having us here in the Senate and taking time out of your busy day to recognize us. We are very honored to be here. It is difficult at times when you are out there playing to realize the extent of what you are doing. You are out there playing, you are just going through the games and doing what you feel comes naturally in practice, but when we come here to a place like this and meet people like the Senators and Representatives and just see how happy it makes everyone to see us out there winning and bringing pride to the State of Pennsylvania, we are really just happy to be a part of it, just to go out and wolk hard for our team, our university, and our State, and to help bring some pride to Pennsylvania. I am going to be taking off from Penn State next year, but we have the top winning streak in the countty going right now, 17 games, and I just hope these guys over here are going to continue that tradition of excellence we have, and I am sure they will continue to bring pride to all of you. Thanks for having us. The PRESIDENT. Kyle, we are proud of all that you have achieved. The same goes for Keny Collins. Would the entire Penn State team please rise so the Senate may extend to you its usual wann welcome and congratulations on a remarkable season which has made all of Pennsylvania extremely proud. The PRESIDENT. The Chair recognizes the gentleman from Blair, Senator Jubelirer. The PRESIDENT pro tempore. Mr. President, I would like to put some remarks on the record regarding the incredible experience that many of us have had in the representation of this wonderful football team that has given us so much to cheer about last year and even years before that. Mr. President, I had the privilege, the great hono~ and fun, frankly, of attending the Heisman Award ceremony in New YOlk's Downtown Athletic Club the second week of December of last year. At that ceremony, there were six finalists for the Heisman Award, and two of them are from their numbers, Ki-Jana Carter and Keny Collins. I start my remarks off by saying how proud this team could be and how proud all of Pennsylvania and the nation could be of two outstanding young men who were being honored that day, one who finished second and the other who finished fourth, but, frankly, all were winners who were there for that most prestigious award, and how they conducted themselves. And as I spent some time with this team today, recognizing the character and the dignity that they have brought to the people of Pennsylvania, I think it is only appropriate that we put on the record our appreciation for not only the remarkable football season that they had, and it was as much fun as any season I have ever eqjoyed, but I think we need to remember these are young men. They are 18, 19, 20, 21, 22 years old who are out there before 95,000 screaming fans expected to win and expected to please everyone, and the coach is expected to make every right call or all of us are going to be critical, and in spite of all that pressure and in spite of what was expected of them, without question, they had the most magnificent season that.any of us could have expected them to have. Let me just quote the assistant coach of the Dallas Cowboys, Ernie Zampese, who said, that is the finest college offense in college football history. That says a lot for a team that was once considered very conservative, and as some ofus go back to 1978 and remember that Alabama game-which we are now beginning to forget, thank goodness--it is incredible that this team that had such a marvelous offense and defense and the special teams to match it would give us so much joy. Mr. President, without a doubt, these young men are exemplary of Pennsylvania, of their families, and of their school, and we can trniy be proud of them And it all starts at the top, and without a doubt, the legendary Joe Paterno, who has set the standard for all college football, deserves to be congratulated for once again being the kind of role model that all of us as parents would want if we had the opportunity to send our kids to college to play college football. That is where it all starts. There is no compromising. There is not only a team of young men who play football but young men who are prepared to go into the world, and I think that is what Joe Paterno has been all about, and I think that is what the PelUl State football game and the Penn State football team means to all of us. So, Mr. President, I am deeply honored as a Penn State graduate, as someone who has loved his alma mater and as someone who has followed Penn State football with my own children for many, many a year, to be here today to celebrate the number one team in the nation-and let there be no doubt, this is the number one team in the nation.

4 180 LEGISLATIVE JOURNAL - SENATE FEBRUARY 28, And lastly to say, Joe, the team, thanks for the memories. The PRESIDENT. The Chair thanks Senator Jubelirer, the President pro tempore, and I think it is safe to say that he expresses the sentiments of all the Members of this fine Chamber, as well as many, many people across Pennsylvania. GUESTS OF SENATOR D. MICHAEL FISHER PRESENTED TO THE SENATE ~ PRESIDENT. The Chair recognizes the gentleman from Allegheny, Senator Fisher. Senator FISHER. Mr. President, on the day that we have the privilege here in the Senate to have the national champion Penn State football team visiting us, we also have the privilege of having visit us from New Zealand, the ambassador to the United States from New Zealand, Mr. John Wood, and his wife, together with their consultant here in the United States, Mr. Fred Radewagen. I would ask the Senate to give its usual warm welcome to Mr. and Mrs. Wood, and to Mr. Radewagen. The PRESIDENT. Would the guests of Senator Fisher please rise. The PRESIDENT. Thank you, Senator Fisher, and I trust our guests will return to that great colmtry of New Zealand and emphasize that the number one football team in college football is right here in Pennsylvania. Thank you. Senator Hart, would you like to underscore that? I know you are from western Pennsylvania. Senator HART. Yes, Mr. President, but I would also like to make an introduction of my own, if I may. GUEST OF SENATOR MELISSA A. HART PRESENTED TO THE SENATE The PRESIDENT. The gentlewoman from Allegheny, Senator Hart, may proceed. Senator HART. Mr. President, coincidentally, today I have a student with me in my office who is shadowing me as a political science student at the University of Pittsburgh. His name is David Potter. He is here in the gallery, and he spent part of the morning with me meeting with some people regarding a bunch of different issues. He is actually starting to give me some input and he has only been with me for a few hours, so I would say that both Pitt and Penn State have their best with us today. I would ask the Senate to join me in welcoming David Potter to the Chamber. The PRESIDENT. Would the guest of Senator Hart please rise. RECESS The PRESIDENT. The Chair recognizes the gentleman from Delaware, Senator Loeper. Senator LOEPER. Mr. President, at this time I would request a recess of the Senate for the purpose of a Republican caucus to begin immediately in the first floor caucus room, with an expectation of returning to the floor at approximately 3 p.m. The PRESIDENT. The Chair recognizes the gentleman from Lackawanna, Senator Mellow. Senator MELLOW. Mr. President, I would also request the Democratic Members to report to our caucus room immediately. The PRESIDENT. Senator Loeper and Senator Mellow request a recess so that the Republican Caucus may gather in the first floor caucus room, with the intention of reconvening at approximately 3 p.m., and for the Democratic Members to retire to the Democratic caucus room at the rear of the Chamber for their matters. The Senate stands in recess. AFTER RECESS The PRESIDENT. The time of recess having expired, the Senate will come to order. HOUSE MESSAGES HOUSE CONCURS IN SENATE AMENDMENTS TO HOUSE RESOLUTION The Clerk of the House of Representatives informed the Senate that the House has concurred in amendments made by the Senate to House Concurrent Resolution No.2. HOUSE CONCURS IN SENATE CONCURRENT RESOLUTION The Clerk of the House of Representatives informed the Senate that the House has concurred in resolution from the Senate, entitled: Weekly adjournment. BILLS INTRODUCED AND REFERRED The PRESIDENT laid before the Senate the following Senate Bills numbered, entitled, and referred as follows, which were read by the Clerk: February Senators SHUMAKER, PUNT, BELL, AFFLERBACH, WILLIAMS, O'PAKE, PETERSON and MADIGAN presented to the Chair SB 623, entitled: An Act amending the act of March 10, 1949 (p. L. 30, No. 14), entitled "Public School Code of 1949," establishing programs for the education of disruptive students. Which was committed to the Committee on EDUCATION, Senators AFFLERBACH, HELFRICK, WAGNER, STAPLE~N,O'PAKE,SCHWARTZ,BELL,BELAN,FISH ER, PETERSON, TOMLINSON and KASUNIC presented to the Chair SB 624, entitled: An Act establishing the Child Death Review Panel; requiring death investigations in the case of Wlexpected deaths of children 15

5 1995 LEGISLATIVE JOURNAL - SENATE 181 years of age and yolulger, imposing a penalty; and making an appropriation. Which was committed to the Committee on AGING AND YOUrn, Senators AFFLERBACH, HART, STAPLETON, RHOADES, BRIGHTBILL and O'PAKE presented to the Chair SB 625, entitled: An Act amending the act of March 4, 1971 (p. L. 6, No.2), entitled IITax Refonn Code of 1971,11 further deftning IImanufacture ll for sales tax putposes. Which was committed to the Committee on FINANCE, Senators GREENLEAF, BRIGHTBILL, FISHER, HECK LER, LEMMOND, AFFLERBACH, HART, HELFRICK, SCHWARTZ and MELLOW presented to the Chair SB 626, entitled: An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, providing for evidence of victim's sexual conduct. Which was committed to the Committee on JUDICIARY, Senators GREENLEAF, MELLOW, BAKER, BRIGHTBILL, GERLACH, MOWER~ PUNT and KASUNIC presented to the Chair SB 627, entitled: An Act amending the act of March 10, 1949 (p. L. 30, No. 14), entitled IlPublic School Code of 1949,11 prohibiting the possession of weapons on school property; further providing for suspension and expulsion; and providing for education programs for disruptive students. Which was committed to the Committee on EDUCATION, Senators GREENLEAF, HOLL, O'PAKE, HECKLER, AF FLERBACH, LEMMOND, BELAN, BRIGHTBILL, JONES, BELL, MUSTO, HART, SCHWARTZ, GERLACH, STOUT, PETERSON, WAGNER, RHOADES, WILLIAMS, SHUMAKER, TOMLINSON, TARTAGLIONE, ANDREZESKI, PORTERFIELD, HUGHES, DAWIDA and FISHER presented to the Chair SB 628, entitled: An Act amending the act of June 16, 1994 (p. L., No. 6A), entitled "General Appropriation Act of 1994,11 providing an additional appropriation to the Department ofpublic Welfare. Which was committed to the Committee on APPROPRIA TIONS, Senator GREENLEAF presented to the Chair SB 629, entitled: An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, further providing for jurisdiction and venue of juvenile matters, for infonnal hearings and for disposition of dependent children. Which was committed to the Committee on JUDICIARY, Senator GREENLEAF presented to the Chair SB 630, entitled: An Act amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, further providing for grading of criminal attempt, solicitation and conspiracy and for sentences for offenses committed with fueanns. Which was committed to the Committee on JUDICIAR~ Senator STEWART presented to the Chair SB 631, entitled: An Act amending the act of April 12, 1951 (p. L. 90, No. 21), entitled, as reenacted, IILiquor Code," further providing for stadium or arena permits. Which was committed to the Committee on LAW AND JUSTICE, Senators WAGNER, BRIGHTBILL, AFFLERBACH, DAWIDA, STOUT, O'PAKE, MELLOW, STAPLETON, SCHWARTZ and BELAN presented to the Chair SB 632, entitled: An Act amending the act of June 3, 1937 (P. L. 1333, No. 320), entitled IIPennsylvania Election Code,1I further providing for the date of the general primary in years in which the President of the United States is nominated. Which was committed to the Committee on STATE GOV ERNMENT, Senators MOWERY, HECKLER, SALVATORE, STAPLETON, HELFRICK, WENGER, AFFLERBACH, SHUMAKER, SCHWARTZ, LEMMOND, RHOADES, PE TERSON and HART presented to the Chair SB 633, entitled: An Act amending the act of May 29, 1956 (1955 P. L. 1804, No. 600), entitled "Municipal Police Pension Law," providing for the establishment of police pension funds or pension annuities by regional police departments; further providing for employment of an actuary and for payments by the State Treasurer, and making editorial changes. Which was committed to the Committee on FINANCE, Senators MOWER~ WENGER, AFFLERBACH, O'PAKE, RHOADES, PETERSON, SALVATORE, STAPLETON, HELFRICK and KASUNIC presented to the Chair SB 634, entitled: An Act providing for a loan program for local police agencies funded 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, Senators MOWERY, WAGNER, HECKLER, STAPLETON, HELFRICK, WENGER, BELL, O'PAKE, RHOADES, PETERSON and KASUNIC presented to the Chair SB 635, entitled: An Act authorizing superintendents, wardens and other officials in charge of correctional institutions to establish inmate work force programs.

6 182 LEGISLATIVE JOURNAL - SENATE FEBRUARY 28, Which was committed to the Committee on JUDICIAR~ Senators RHOADES, AFFLERBACH, BELL, SAL VATORE, BELAN, STAPLETON, O'PAKE, WILLIAMS, HART, KASUNIC, MELLOW, ANDREZESKI, WAGNER, MUSTO, MADIGAN, BODACK, BRIGHTBILL, SCHWARTZ and LEMMOND presented to the Chair SB 636, entitled: An Act relating to the delivery ofservices and programs to persons with disabilities; conferring powers and duties on the DepaI1ment of Public Welfare and the State Independent Living Cooocil; providing for a State plan for the provision ofservices to people with disabilities; establishing an office of disability services; and establishing a community living support program for individuals with disabilities. Which was committed to the Committee on PUBLIC HEALTH AND WELFARE, February 28,1995. Senators RHOADES, SCHWARTZ, BELL, GREENLEAF, BRIGHTBILL, SALVATORE, O'PAKE, HUGHES, AF FLERBACH, STOUT and KASUNIC presented to the Chair SB 637, entitled: An Act amending the act of March 10, 1949 (p. L. 30, No. 14), entitled "Public School Code of 1949," providing for a parent involvement program. Which was committed to the Committee on EDUCATION, Senators BRIGHTBILL, HELFRICK, AFFLERBACH, STOUT, BELL, SALVATORE, MUSTO, WENGER, HECK LER, PETERSON, O'PAKE, LEMMOND, RHOADES, HART, MADIGAN and ROBBINS presented to the Chair SB 638, entitled: An Act amending the act of July 6, 1989 (p. L. 169, No. 32), entitled "Storage Tank and Spill Prevention Act," further defming "commercial heating oil storage tank" and "oodergroood storage tank"; further providing for powers and duties of the Undergroood Storage Tank Indemnification Board; and making repeals. Which was committed to the Committee on ENVIRON MENTAL RESOURCES AND ENERGY, Senators PETERSON, STAPLETON, BELL and HART presented to the Chair SB 639, entitled: An Act amending the act of November 26, 1978 (p. L. 1375, No. 325), entitled, as amended, "Dam Safety and Encroachments Act," abolishing annual charges for the use of the Commonwealth's submerged lands. Which was committed to the Committee on ENVIRON MENTAL RESOURCES AND ENERGY, Senators FISHER, SALVATORE, HECKLER, STOUT, BELAN, AFFLERBACH, TOMLINSON, HART, LEMMOND and KASUNIC presented to the Chair SB 640, entitled: An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, further providing for wrongful death actions. Which was committed to the Committee on JUDICIARY, Senators FISHER, WENGER, CORMAN, SALVATORE, STOUT, ROBBINS, O'PAKE, AFFLERBACH, HART, LEMMOND, MADIGAN and RHOADES presented to the Chair SB 641, entitled: An Act amending the act of July 6, 1989 (p. L. 169, No. 32), entitled "Storage Tank and Spill Prevention Act," providing for reimbursement for testing. Which was committed to the Committee on ENVIRON MENTAL RESOURCES AND ENERGY, Senators SALVATORE and HELFRICK presented to the Chair SB 642, entitled: An Act amending Title 68 (Real and Personal Property) of the Pennsylvania Consolidated Statutes, requiring cities of the flfst class to treat condominium owners the same as single-family dwelling owners for the puiposes of collection, removal and disposal of refuse. Which was committed to the Committee on URBAN AF FAIRS AND HOUSING, February 28,1995. Senators SALVATORE, HELFRICK, STAPLETON, FISH ER and KASUNIC presented to the Chair SB 643, entitled: An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, prohibiting the possession of an altered or false drivers license by a person under 21 years of age. Which was committed to the Committee on TRANSPOR TATION, Senators SALVATORE, HELFRICK, STAPLETON, AF FLERBACH, BELL and KASUNIC presented to the Chair SB 644, entitled: An Act amending the act of March 4, 1971 (p. L. 6, No.2), entitled "Tax Reform Code of 1971," excluding senior citizens' organizations from sales and use tax. Which was committed to the Committee on FINANCE, Senator SALVATORE presented to the Chair SB 645, entitled: An Act providing for additional means by which qualified electors of cities of the flfst class may amend and revise their home rule charters and home rule charters for public education. Which was committed to the Committee on URBAN AF FAIRS AND HOUSING, Senators SALVATORE, HELFRICK, STAPLETON, WENGER, AFFLERBACH, BELL, BELAN, RHOADES, HART and KASUNIC presented to the Chair SB 646, entitled: An Act amending the act of August 14, 1991 (p. L. 342, No. 36), entitled "Lottery Food Preservation Act," further defming "maximum annual income." Which was committed to the Committee on AGING AND YOUTH, Senators SALVATORE and BELL presented to the Chair SB 647, entitled: An Act amending the act of December 17,1981 (p. L. 435, No. 135), entitled "Race Horse Industry Reform Act," further providing for distribution of moneys retained from pari-mutuel pools and for interstate simulcasting of horse races.

7 1995 LEGISLATIVE JOURNAL - SENATE 183 Which was committed to the Committee on STAlE GOV ERNMENT, Februmy 28, Senator SALVATORE presented to the Chair SB 648, entitled: An Act amending the act of August 24, 1963 (p. L. 1175, No. 497), entitled "Mechanics' Lien Law," adding and amending defmitions; further providing for rights to a lien, for certain cases when a lien is not allowed, for assignment of claims, for waivers of liens, for owners right to limit claims, fot contents ofclaims, for owners right to retain funds, for notice of claims, for contractors's duties, and for owners additional remedies; and requiring notice of claim by a laborer. Which was committed to the Committee on LABOR AND INDUSTRY, Februmy 28, Senators SALVATORE and BELL presented to the Chair SB 649, entitled: An Act making an appropriation to the Please Touch Musemn in Philadelphia. Which was committed to the Committee on APPROPRIA TIONS, Februmy 28, Senator SALVATORE presented to the Chair SB 650, entitled: An Act amending the act of December 14, 1988 (P L. 1192, No. 147), entitled "Special Ad Hoc Municipal Police and Firefighter Postretirement Adjustment Act," further providing for special ad hoc municipal police and firefighter postretirement adjustment. Which was committed to the Committee on FINANCE, Februmy 28, APPOINTMENTS BY PRESIDENT PRO TEMPORE The PRESIDENT. The Chair wishes to announce the President pro tempore has made the following appointments: Senator Harold Mowety as a member of the Capitol Preservation Committee. Mr. Michael Browne as a member of the Board of Trustees of Drexel University. APPOINTMENTS BY MAJORITY LEADER The PRESIDENT. The Chair wishes to announce the Majority Leader has made the following appointments: Senator Harold MoweIY as a member of the Legislative Data Processing Committee. Senator Melissa Hart as a member of the Community Service Advisoty Board. REPORTS FROM COMMITTEE Senator CORMAN, from the Committee on Transportation, reported the following bills: SB 37 (pr. No. 38) An Act amending Titles 18 (Crimes and Offenses) and 75 (Vehicles) of the Pennsylvania Consolidated Statutes, providing for title washing and impersonating a notary public~ further providing for tampering with odometers; and imposing penalties. SB 47 (pr. No. 675) (Amended) An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, requiring reflective apparel or a light when riding an animal between sunset and sunrise. RESOLUTION REPORTED FROM COMMITTEE Senator CORMAN, from the Committee on Transportation, reported the following resolution: SR 13 (pr. No. 388) A Resolution mging the Department of Transportation to' conduct a study of the need and feasibility of adding an additional tolled interchange on the Northeast Extension of the Pennsylvania Tmnpike. The PRESIDENT. The resolution will be placed on the Calendar. An Act providing for voter registration, for registration commissions and for remedies~ imposing pena1ties~ providing for applications for absentee ba1lots~ making appropriations~ and making repeals. Senator LOEPER. Mr. President, I move that Senate Bill No. 374 go over in its order. Will the Senate agree to the motion? Afflerbach Andrezeski Annstrong Baker Belan Bell Brightbill LEGISLATIVE LEAVES CANCELLED The PRESIDENT. The Chair notes the presence on the floor of Senator Kasunic and Senator Wagner. Their temporaty Capitol leaves are cancelled. And the question recurring, Will the Senate agree to the motion? The yeas and nays were required by Senator LOEPER and were as follows, viz: Greenleaf Hart Heckler Helfrick Holl Jones Jubelirer CALENDAR SB 374 CALLED UP OUT OF ORDER SB 374 (pr. No. 411) -- Without objection, the bill was called up out of order, from page 1 of the Third Consideration Calendar, by Senator LOEPER, as a Special Order of Business. BILL OVER IN ORDER SB 374 (Pr. No. 411) -- The Senate proceeded to consideration of the bill, entitled: YEAS-46 Mellow Mowery Musto Q'Pake Porterfield Punt Rhoades Shumaker Stapleton Stewart Stout Tartaglione Tilghman Tomlinson

8 184 LEGISLATIVE JOURNAL - SENATE FEBRUARY 28, Connan Dawida Delp Fisher Gerlach Kasunic LaValle Lemmond Loeper Madigan Robbins Salvatore Schwartz Shaffer NAYS-o Uliana Wagner Wenger Williams A m:gority of the SenatOls having voted "aye," the question was detennined in the affinnative. The PRESIDENT. Senate Bill No. 374 will go over in its order. ANNOUNCEMENT BY THE CHAIR The PRESIDENT. The Chair would ask the Members to clear their desks for the official Senate photograph. The Chair would politely remind each of the Members that desks nmst be clear for the official Senate photogmph, and we will stand at ease while the official Senate portrait is taken (Session photograph was taken.) The PRESIDENT pro tempore (Robert C. Jubelirer) in the Chair. 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. RECESS The PRESIDENT pro tempore. The Chair recognizes the gejltlernan from Delaware, Senator Loeper. Senator LOEPER. Mr. President, while we still have some of the technicians taking down some of the lighting, maybe it would be appropriate at this time to have a brief recess of the Senate for the purpose of a meeting of the Committee on Rules and Executive Nominations in the Rules room at the rear of the Senate Chamber. We will return to the floor immediately upon its conclusion to finish the day's business. The PRESIDENT pro tempore. For the purpose of a meeting of the Committee on Rules and Executive Nominations to take place immediately in the Rules room to the rear of the Senate Chamber, the Senate will stand in recess. AFTER RECESS The PRESIDENT pro tempore. The time of recess having expired, the Senate will come to order. REPORT FROM COMMITTEE ON RULES AND EXECUTIVE NOMINATIONS Senator SALVATORE from the Committee on Rules and Executive Nominations, reported the following nominations, made by His Excellency, the Governor of the Commonwealth, which were read by the Clerk as follows: SECRETARY OF BANKING To the Honorable, the Senate of the Commonwealth of Pennsylvania: January 17, 1995 In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Richard C. Rishel, 423 Walnut Street, Apartment 113, Harrisburg 17101, Dauphin County, Fifteenth Senatorial District, for appointment as Secretary ofbanking, to serve until the third Tuesday ofjanuary 1999 and until his successor shall have been appointed and qualified, vice The Honorable Sarah W. Hatgrove, Wyndmoor, whose tenn expired. THOMAS J. RIDGE Governor SECRETARY OF PUBLIC WELFARE To the Honorable, the Senate of the Commonwealth of Pennsylvania: JanuaJy 24, 1995 In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Feather O'Connor Houstoun, 240 South Hutchinson Street:, Philadelphia 19107, Philadelphia County, First Senatorial District, for appointment as Secretary of Public Welfare, to serve until the third Tuesday of January 1999 and until her successor shall have been appointed and qualified, vice Karen F. Snider, Mechanicsburg, whose tenn expired. THOMAS J. RIDGE Governor NOMINATIONS LAID ON THE TABLE Senator SALVATORE. Mr. President, I request that the nominations just read by the Clerk be laid on the table. The PRESIDENT pro tempore. The nominations will be laid on the table. CONSIDERATION OF CALENDAR RESUMED THIRD CONSIDERATION CALENDAR BILLS ON THIRD CONSIDERATION AMENDED SB 1 (pr. No. 525) -- TIle Senate proceeded to consideration of the bill, entitled: An Act providing for the recycling of existing industrial and commercial sites; further defining the cleanup liability ofnew industries and tenants; establishing a framework for setting environmental remediation standards; establishing the ~luntaiy Cleanup Loan Fund and the Industrial Land Recycling Fund to aid industrial site cleanups; assigning powers and duties to the Environmental Quality Board and the Department of Environmental Resources; and making repeals. Will the Senate agree to the bill on third consideration? Senator BRIGHTBILL offered the following amendment No. A1203: Amend Table of Contents, page 2, line 12, by striking out "sites" and inserting: areas Amend Table of Contents, page 2, line 23, by inserting after "Permits": and other requirements

9 1995 LEGISLATIVE JOURNAL - SENATE 185 Amend Sec. 102, page 4, line 11, by inserting after "its": current and Amend Sec. 103, page 5, line 16, by striking out "on" and inserting: at Amend Sec. 103, page 5, by inserting between lines 29 and 30: "Cleanup or remediation." To clean up, mitigate, correct, abate, minimize, eliminate, control or prevent a release of a regulated substance into the environment in order to protect the present or future public health, safety, welfare or the environment, including preliminary actions to study or assess the release. Amend Sec. 103, page 7, lines 6 through 11, by striking out "including, but not limited to, administration of' in line 6, all of lines 7 through 11 and inserting: intermediate and fma1 products and solid waste created during such activities, including, but not limited to, administmtion of business activities, research and development, warehousing, shipping, transport, remanufacturing, stockpiling of raw materials, storage, repair and maintenance ofcommercial machinery and equipment and solid waste management. Amend Sec. 103, page 7, line 30, by inserting after "services,": intermediate and fmal products, Amend Sec. 103, page 8, lines 4 and 5, by striking out "or intermediate and [mal products and" Amend Sec. 103, page 8, line 6, by inserting after "facilities": or recreational areas Amend Sec. 103, page 8, line 16, by striking out "area of' Amend Sec. 103, page 8, line 16, by striking out "defmed" and inserting: discovered Amend Sec. 103, page 8, line 29, by inserting after "substances": and contaminants Amend Sec. 103, page 9, lines 16 through 20, by striking out all of said lines Amend Sec. 104, page 10, line 19, by inserting after "adopt": and amend periodically thereafter Amend Sec. 104, page 10, line 24, by striking out "by the department" Amend Sec. 106, page 12, lines 25 and 26, by striking out "and cleanup is conducted" and inserting: is voluntarily conducted or is required Amend Sec. 106, page 13, line 6, by inserting after "Chapter 5.": In addition, the remediation standards established under this act shall be considered as applicable, relevant and appropriate requirements for this Commonwealth under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (Public Law , 94 Stat. 2767) and the Hazardous Sites Cleanup Act. Amend Sec. 107, page 13, line 9, by striking out "cleanup" and inserting: remediation Amend Sec. 107, page 13, line 14, by inserting after "remediation": standards Amend Sec. 301, page 14, line 2, by inserting after "proposes": or is required Amend Sec. 301, page 14, line 3, by inserting after "and": who wants Amend Sec. 301, page 14, lines 7 and 8, by striking out "or the practical quantitation limit" Amend Sec. 301, page 14, by inserting between lines 26 and 27: (c) Determining attainment.-for the purposes of determining attainment ofanyone or a combination ofremediation standards, the concen1iation of a regulated substance shall not be required to be less than the practical quantitation limit for a regulated substance as determined flum time to time by the EPA. The department may, in consultation with the boan!, establish by regulation procedures for detennining attainment of remediation standards when practical quantitation limits set by the EPA have a health risk that is greater than the risk levels set in sections 303(c) and 304(b) and (c). The department shall not establish procedures for determining attainment of remediation standards where maximum contaminant levels and health advisory levels have already been established for regulated substances. Amend Sec. 302, page 14, lines 29 and 30, by striking out "a standard that is the greater ofeither of the following concentrations" and inserting: background Amend Sec. 302, page 15, line 1, by striking out the colon after "medium" and inserting a period Amend Sec. 302, page 15, lines 2 through 4, by striking out all of said lines Amend Sec. 302, page 15, line 24, by inserting after "composition": or regulated substances Amend Sec. 303, page 18, line 18, by striking out "department" and inserting: Environmental Quality Board Amend Sec. 303, page 18, line 19, by inserting after "nonresidential": standards as Amend Sec. 303, page 18, line 26, by striking out "requirements" and inserting: concentrations Amend Sec. 303, page 18, line 27, by striking out "in defming" and inserting: to establish Amend Sec. 303, page 18, line 28, by striking out "limit" Amend Sec. 303, page 18, line 29, by inserting after "Any": regulated Amend Sec. 303, page 18, line 29, by striking out "or release" Amend Sec. 303, page 19, line 3, by inserting after "Any": regulated Amend Sec. 303, page 19, lines 11 through 14, by striking out "Where no maximum contaminant" in line 11, all of lines 12 and 13 and "exposure shall be used" in line 14 Amend Sec. 303, page 19, line 25, by inserting after "of': up to Amend Sec. 303, page 20, lines 16 and 17, by striking out "within a depth of 15 feet from the existing ground surface" Amend Sec. 303, page 20, line 19, by inserting after "factors": within a depth of up to 15 feet from the existing ground surface Amend Sec. 303, page 20, lines 27 through 29, by striking out all of lines 27 and 28, "the procedures in subsection (b)" in line 29 and inserting: (c) Additional factors.-when establishing a medium-specific concen1iation, other than those established under subsection (bx1), (2) or (3) Amend Sec. 303, page 20, line 30, by striking out "limits" Amend Sec. 303, page 21, line 2, by striking out "flum the soils" Amend Sec. 303, page 21, line 11, by inserting a period after "1,000,000" Amend Sec. 303, page 21, lines 11 through 13, by striking out "due to continuous" in line 11 and all of lines 12 and 13 Amend Sec. 303, page 21, line 25, by striking out "achievable practical quantitative limit" and inserting: background standard Amend Sec. 303, page 21, line 26, by striking out "achievable practical quantitative limit" and inserting: background standard Amend Sec. 303, page 22, line 15, by striking out the comma after "composition" and inserting: and Amend Sec. 303, page 22, line 20, by striking out "decontamination" and inserting: treatment Amend Sec. 303, page 22, line 23, by striking out "decontaminated" and inserting: treated Amend Sec. 304, page 25, line 6, by striking out "site" and inserting: remedial Amend Sec. 304, page 25, line 27, by inserting after "established": in accordance with subsections (b) and (c) Amend Sec. 304, page 27, line 22, by inserting after "Any": regulated Amend Sec. 304, page 27, line 23, by inserting after "any": regulated Amend Sec. 304, page 27, line 26, by striking out the comma after "air" and inserting a period Amend Sec. 304, page 27, lines 26 through 30, by striking out "unless the site" in line 26 and all of lines 27 through 30 Amend Sec. 304, page 28, lines 5 and 6, by striking out "achievable practical quantitative limit" and inserting: background standard Amend Sec. 304, page 28, lines 6 and 7, by striking out "achievable practical quantitative limit" and inserting: background standard Amend Sec. 304, page 28, line 11, by inserting after "measures.": The department may disapprove a site-specific remediation plan that

10 186 LEGISLATIVE JOURNAL - SENATE FEBRUARY 28, consists solely of fencing, warning signs or future land use restrictions. Amend Sec. 304, page 30, line 24, by striking out "shall be sulr mitted" Amend Sec. 304, page 31, line 15, by striking out "shall describe" and inserting: which describes Amend Sec. 304, page 31, line 23, by striking out "shall evaluate" and inserting: which evaluates Amend Sec. 304, page 32, line 9, by striking out "shall be sulr mitted to the department" Amend Sec. 304, page 34, line 26, by inserting after "involved,": measures may include: Amend Sec. 304, page 35, line 5, by inserting after "section;": and Amend Sec. 305, page 35, line 10, by striking out "now" Amend Sec. 305, page 35, line 15, by striking out "are not responsible for" and inserting: did not cause or contribute to Amend Sec. 305, page 35, line 19, by striking out "environmental report" and inserting: remedial investigation Amend Sec. 305~ page 35, line 21, by inserting after "department": and a baseline enviromnental report shall be submitted to the department Amend Sec. 305, page 37, line 1, by striking out "study" and inserting: report Amend Sec. 306, page 38, by inserting between lines 6 and 7: (d) Private finn.-private finds undertaking a portion ofthe technical reviews under this section shall be subject to the same requirements as the department. Amend Sec. 501, page 39, line 25, by inserting after "property": or any other person Amend Sec. 502, page 40, line 15, by striking out "sites" and inserting: areas Amend Sec. 502, page 40, line 17, by striking out "reuse of an abandoned industrial site" and inserting: reuse in a special industrial area Amend Sec. 502, page 40, line 19, by striking out "site" and inserting: property Amend Sec. 502, page 40, line 22, by striking out "site" and inserting: property Amend Sec. 502, page 40, line 23, by striking out "site" and inserting: property Amend Sec. 502, page 40, line 27, by striking out "site" and inserting: property Amend Sec. 502, page 41, line 1, by striking out "site" and inserting: property Amend Sec. 502, page 41, line 9, by striking out "site" and inserting: property Amend Sec. 502, page 41, line 11, by striking out "site" and inserting: property. Amend Sec. 502, page 41, line 14, by striking out "site" and inserting: property Amend Sec. 502, page 41, line 17, by striking out "site" and inserting: property Amend Sec. 502, page 41, line 22, by striking out "site" and inserting: property Amend Sec. 505, page 42, line 9, by striking out "the certification oc' and inserting: demonstrating attainment of a standard at Amend Sec. 506, page 43, line 4, by striking out "a" Amend Sec. 701, page 43, line 20, by inserting after "fund.": Moneys in the fund are hereby appropriated, upon the approval ofthe Governor, for the purposes of this act. Amend Sec. 702, page 44, lines 21 and 22, by striking out "at least $5,000,000 shall be transferred on July 1 oc' and inserting: up to $5,000,000 shall be transferred upon approval of the Governor Amend Sec. 702, page 45, line 1, by inserting after "act.": Moneys in the fund are hereby appropriated, upon the approval of the Governor, for the puiposes ofthis section. Amend Sec. 902, page 46, line 8, by inserting after "Permits": and other requirements Amend Sec. 902, page 46, line 9, by inserting before "A": (a) General rule.- Amend Sec. 902, page 46, by inserting between lines 12 and 13: (b) Applicable requirements.-the department may waive in whole or in part, in writing, otherwise applicable requirements where responsible persons demonstrate that any of the following apply: (1 ) Compliance with a requirement at a site will result in greater risk to hmnan health, safety and welfare and the environment than alternative options. (2) Compliance with a requirement at a site will substantially interfere with natural or artificial structures or features. (3) The proposed remedial action will attain a standard of performance that is equivalent to that required under the otherwise applicable requirement through the use of ~ alternative method or approach. (4) Compliance with a requirement at a site will not provide for a cost-effective remedial action. The department may not waive the remediation standards established under sections 301, 302, 303 and 304. Amend Sec. 904, page 46, line 26, by striking out "of primacy or to receive" and inserting: to receive program authorization, delegation, primacy or Amend Sec. 904, page 46, line 30; page 47, line 1, by striking out "attain the site-specific" in line 30, page 46 and "standard estalr lished in section 304 and shall" in line 1, page 47 Amend Sec. 904, page 47, line 3, by striking out "of Chapter 5" Amend Sec. 907, page 48, line 29, by striking out "(t) and (h)" and inserting: (d) Will the Senate agree to the amendment? It was agreed to. Will the Senate agree to the bill on third consideration, as amended? Senator PORlERFIELD offered the following amendment No. A1l89: Amend Table ofcontents, page 2, by inserting between lines 27 and 28: Section 907. Evaluation. Amend Table of Contents, page 2, line 28, by striking out "907" and inserting: 908 Amend Table ofcontents, page 2, line 29, by striking out "908" and inserting: 909 Amend Bill, page 48, by inserting between lines 27 and 28 Section 907. Evaluation. Beginning three years after the effective date of this act and every two years thereafter, the department shall conduct and submit to the General Assembly an evaluation ofthe effectiveness ofthis act in recycling existing industrial and commercial sites. The evaluation shall include any recommendations for additional incentives or changes, if needed, to improve the effectiveness of this act in recycling such sites. Amend Sec. 907, page 48, line 28, by striking out "907" and inserting: 908 Amend Sec. 908, page 49, line 5, by striking out "908" and inserting: 909 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 of Senator LOEPER. SB 11 (pr. No. 12) -- The Senate proceeded to consideration of the bill, entitled:

11 1995 LEGISLATIVE JOURNAL - SENATE 187 An Act limiting environmental liability for economic development agencies, fmanciers and fiduciaries. Will the Senate agree to the bill on third consideration? Senator STEWART offered the following amendment No. A1l28: Amend Sec. 3, page 9, lines 20 through 25, by striking out all of said lines and inserting: "Indus1rial activity." Commercial, manufacturing, public utility, mining or any other activity done to further either the development, manufactwing or distribution of goods and services, intennediate and fmal products and solid waste created during such activities, including, but not limited to, administration of business activities, research and development, warehousing, shipping, transport, remanufacturing, stockpiling of mw materials, stomge, repair and maintenance of commercial machinery and equipment and solid waste management. Amend Sec. 9, page 17, line 16, by striking out "or fiduciary" and inserting:, fiduciary or economic development agency Amend Sec. 10, page 17, line 28, by inserting after "action": or damages Amend Sec. 10, page 17, lines 28 through 30, by striking out "The burden of proof shall be upon the person" in line 28 and all of lines 29 and 30 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 of Senator LOEPER. SB 12 (pr. No. 13) -- The Senate proceeded to consideration of the bill, entitled: An Act providing gmnts for conducting assessments of abandoned industrial sites; establishing a fimd; providing for fimding; and imposing duties upon the Department of Commerce. Will the Senate agree to the bill on third consideration? Senator BRIGHTBILL offered the following amendment No. A1I61: Amend Sec. 3, page 2, line 11, by inserting after "act.": Moneys in the fund are hereby appropriated, upon the approval of the Governor, for the purposes of this act. Amend Sec. 4, page 2, line 13, by striking out "The sum of' and inserting: Upon approval of the Governor, up to 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 of Senator LOEPER. UNFINISHED BUSINESS SENATE RESOLUTIONS MEMORIALIZING THE CONGRESS OF THE UNITED STATES AND THE UNITED STATES COAST GUARD TO IMPLEMENT PROGRAMS, FUND RESEARCH WmCH WILL PREVENT THE INTRODUCTION OF NONINDIGENOUS SPECIES VIA BALLAST WATER INTO THE CHESAPEAKE BAY AND OTHER AT-RISK COASTAL REGIONS Senators WENGER and TILGHMAN, by unanimous consent, offered the following resolution (Senate Resolution No. 20), which was read, considered and adopted: In the Senate, February 28, 1995 A CONCURRENT RESOLUTION Memorializing the Congress of the United States and the United States Coast Guard to implement progmms, fund research which will prevent the in1roduction of nonindigenous species via ballast water into the Chesapeake Bay and other at-risk coastal regions. WHEREAS, Invasions by aquatic nonindigenous species are having dramatic ecological and economic impact on marine, estuarine and freshwater systems throughout the world and ballast water dischaiged from ships is the single largest source of these nonindigenous species; and WHEREAS, The ports of Notfolk and Baltimore rank second and fifth in the nation, respectively, in the volume of ballast water discharged from incoming ships; and WHEREAS, Increased global trade, faster ships, increasing incidence of pest species in foreign ports serving ships destined for the Chesapeake Bay and other factors make future Chesapeake Bay invasions by nonindigenous species highly likely; and WHEREAS, The zebm mussel that has invaded the Great Lakes, aniving through the discharge ofballast water from ships originating in foreign ports, is causing billions of dollars of economic damage to that region by clogging water intake pipes, damaging property and altering the ecology of the Great Lakes ecosystem; and WHEREAS, Any future invasion could have catastrophic ecological and economic impacts for the region; and WHEREAS, Individual states are limited in their power to set policy regarding ballast-mediated nonindigenous species invasions because they lack the Constitutional authority to affect interstate and international trade; and WHEREAS, Most United States efforts to manage ballast water originate from the Fedeml Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (Public Law ) which establishes mandatory ballast water management protocols for the Great Lakes and Hudson River but does not afford protection for the Chesapeake Bay or other at-risk coastal regions; and WHEREAS, Given this limitation, the Chesapeake Bay Commission, in its capacity as the legislative ann of the Chesapeake Bay Progmm, engaged regional and national experts in a year-long effort to develop and recommend policies to improve the management of ballast water in the Chesapeake Bay in order to reduce the risk of nonindigenous species invasions; and WHEREAS, Based on this review, the in-transit exchange of ballast water in open ocean environments represents the best currently available method of reducing the risk of nonindigenous species invasions via ballast water but still permits some species introductions, and therefore other technological solutions must be found; and WHEREAS, Data collection and education are key components of reducing the risk of ballast-mediated invasions and require the cooperation of and participation by the shipping industiy, port authorities, Fedeml agencies and other stakeholders throughout the Chesapeake Bay region; and WHEREAS, The Maryland, Pennsylvania and Virginia delegations to the Chesapeake Bay Commission, because of their concern about the issue ofballast-mediated nonindigenous species invasions, voted to introduce resolutions detailing their fmdings and recommendations in the General Assemblies of all three states; therefore be it

12 188 LEGISLATIVE JOURNAL - SENATE FEBRUARY 28, RESOLVEl) (the House of Representatives concurring), That the General Assembly of Pennsylvania memorialize the Congress of the United States to implement programs and fund research to help prevent the introductions ofnonindigenous species via ballast water into the Chesapeake Bay and other at-risk coastal regions; and be it further RESOLVED, That the Congress of the United States formally recognize the national and international scope of ballast-mediated introductions and call for a concerted Federal effort that addresses atrisk coastal regions, such as the Chesapeake Bay; and be it further RESOLVED, That the United States Coast Guard, or the lead agency as designated by the Federal Government, be wged to implement and widely publicize a national program that establishes guidelines for voluntaiy ballast water management for ships calling at Chesapeake Bay and all other United States ports; and be it further RESOLVED, That the United States Coast Guard also develop, in consultation and cooperation with the shipping industry and the research community, a reasonable reporting mechanism for vessels calling at Chesapeake Bay and all other United States ports in order to collect data to assess the extent of participation in the program; and be it further RESOLVED, That such a progmm should coincide with a vigorous, multilingual education campaign to raise awareness of ballast management issues among the crews and agents of foreign-flagged and United States-flagged ships; and be it further RESOLVED, That such an outreach effort should take advantage of the preexisting distribution channels of those organizations that have routine contact with vessels, such as the United States Department of Agriculture's Animal Plant Health Inspection Service, the United States Coast Guard, port administrations and pilots associations; and be it further RESOLVED, That, pursuant to the United States Coast Guard implementation of voluntary ballast water management guidelines and reporting procedures, a mandatory approach should be developed if, after an adequate period of education for ship owners and crews of not less than 24 months, an evaluation of the effectiveness of participation in the program determines that such measurers are necessary; and be it further RESOLVED, That the Congress of the United States should reauthorize the Federal Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (Public Law ) and appropriate fimds necessary to implement the provisions of the act, including research to be undertaken within the Chesapeake Bay region to establish post 1991 trends in ballast water released into the Chesapeake Bay, focusing on quantities, vessel types and sources, and to examine attributes and patterns of ballast-mediated invasions that relate to current and future potential management strategies; and be it further RESOLVED, That the General Assembly support modifications to international regulations under MARPOL that would require all International Maritime Organization (IMO) nations, including the United States, to collaboratively undertake ballast water management protocols based on cum:mt voluntary IMO guidelines; and be it further RESOLVED, That the National Research Council Marine Board's Committee on Ships' Ballast Operations be encouraged to continue to work toward the development ofa long-term international consensus on the design and construction of vessels that operate safely while allowing for offshore exchange ofballastwater orwhile allowing for other means to reduce the transport of living organisms by ships' ballast systems; and be it further RESOLVED, That Congress be wged to support nationallegislation calling for the demonstration ofballast water management technologies and practices that help prevent aquatic nonindigenous species fium being introduced and spread in North American waters, and that the Chesapeake Bay be explicitly designated as a site for a public/private collaboration to demonstrate new technologies and practices that will reduce the risk of nonindigenous species introduction; and be it further RESOLVED, That a copy of this resolution be trnnsmitted to the Pennsylvania Congressional Delegation, the United States Coast Guard, the National Research Council's Marine Board, the executive director of the Chesapeake Bay Commission and all other appropriate international, national, State and local authorities concerned with the management of ballast water. MEMORIALIZING THE PRESIDENT OF THE UNITED STATES AND THE CONGRESS OF THE UNITED STATES TO CONSIDER THE MILITARY, ECONOMIC AND PERSONAL RAMIFICATIONS OF PROPOSALS OFFERED BY THE DEFENSE BASE CLOSURE AND REALIGNMENT COMMISSION TO CLOSE, REALIGN OR CURTAIL OPERATIONS AT MILITARY INSTALLATIONS IN PENNSYLVANIA Senators RHOADES, BRIGHTBILL, PUNT, BELL, SHUMAKER, SALVATORE, MOWERY, HECKLER, ROB- BINS and TOMLINSON, by unanimous consent, offered the following resolution (Senate Resolution No. 21), which was read, considered and adopted: In the Senate, February 28, 1995 A RESOLUTION Memorializing the President of the United States and the Congress of the United States to consider the military, economic and personal ramifications of proposals offered by the Defense Base Closure and Realignment Commission to close, realign orcurtail operations at military installations in Pennsylvania. WHEREAS, MilitaIy installations in this Commonwealth provide employment for 163,000 Pennsylvanians; and WHEREAS, Military installations in this Commonwealth constitute 2.9% of all State employment and 4.1 % of all State output and represent 2.7% of the Deparlment of Defense budget spent within this Commonwealth; and WHEREAS, The closure or realignment ofmilitary installations in this Commonwealth could result in the termination of not only those jobs on operating bases, but also thousands of base-related jobs and the loss ofmillions of dollars in total income~ and WHEREAS, This Commonwealth has lost 11.5% ofall defense jobs eliminated in the United States as a result of the Defense Base Closme and Realignment Commission's 1991 and 1993 recommendations; therefore be it RESOLVED, That the Senate ofthe Commonwealth ofpennsylvania memorialize the President of the United States and Congress to oppose the c10sme or realignment of military installations in Pennsylvania for the reasons stated in this resolution; and be it further RESOLVED, That copies ofthis resolution be transmitted to the President of the United States, to the presiding officers of each house of Congress, to each member ofcongress from Pennsylvania and to the members of the Defense Base Closme and Realignment Commission. CONGRATULATORY RESOLUTIONS The PRESIDENT pro tempore laid before the Senate the following resolutions, which were read, considered and adopted: Congratulations of the Senate were extended to Mr. and Mrs. Victor Semeraro by Senator Bell. Congratulations of the Senate were extended to Martin A. Panik and to Clifford H. Yorks by Senator Connan. Congratulations of the Senate were extended to Jeffrey Gengler and to Jason Lowe by Senator Delp.

13 1995 LEGISLATIVE JOURNAL - SENATE 189 Congratulations ofthe Senate were extended to Donald W. Bagenstose and to Dr. Paul A. Leisawitz by Senator O'Pake. Congratulations of the Senate were extended to David W. Brubaker by Senator Madigan. Congratulations of the Senate were extended to Joseph T. Sullivan by Senator Rhoades. Congratulations of the Senate were extended to Jesse R. Ligo, Jr., by Senator Robbins. Congratulations of the Senate were extended to Mr. and Mrs. Harold Artman, Mr. and Mrs. Paul Elwood, Mr. and Mrs. Leonard Mmchitelli, Mr. and Mrs. Robert Poole, Mr. and Mrs. Bill Vulgris and to Eric Miller by Senator Stapleton. Congratulations of the Senate were extended to Mr. and Mrs. Angelo Gambale by Senator Tilghman. CongratuIations of the Senate were extended to Allen Lebo, Beulah Weidle and to Saint Malk's Church of Bristol by Senator Tomlinson. CONDOLENCE RESOLUTIONS The PRESIDENT pro tempore laid before the Senate the following resolutions, which were read, considered and adopted: Condolences of the Senate were extended to the family of the late James Ford and to the family of the late Carolyn Lucille Ogletree Thomas by Senator Williams. BILLS ON FIRST CONSIDERATION Senator GERLACH. Mr. President, I move that the Senate do now proceed to consideration of all bills reported from committees for the first time at today's Session. The motion was agreed to. The bills were as follows: SB 37 and SB 47. And said bills having been considered for the first time, Ordered, To be printed on the Calendar for second consideration. SPECIAL ORDER OF BUSINESS GUESTS OF SENATOR MICHAEL A. O'PAKE PRESENTED TO THE SENATE The PRESIDENT pro tempore. The Chair recognizes the gentleman from Berks, Senator O'Pake, who wishes to be recognized for a special introduction. Senator O'PAKE. Mr. President, in the gallery is the wife of one of our good staff members, someone who is working with the Senate Committee on Judiciary, Joseph Leighton. His wife, Sue, is in the gallery, and she is celebrating her 27th birthday today. So I would ask the Senate to extend a 27th birthday round of applause. The PRESIDENT pro tempore. If the guest of Senator O'Pake would kindly rise, we will not only welcome you but wish you a happy birthday. ANNOUNCEMENTS BY THE SECRETARY The following announcements were read by the Secretary of the Senate: SENATE OF PENNSYLVANIA COMMITTEE MEETINGS WEDNESDAY, MARCH I :00 A.M. PUBLIC HEALTH AND WELFARE (to Room 461 consider Senate Bills No. 282 and 460) Main Capitol WEDNESDAY. MARCH 8,1995 1:00 P.M. APPROPRIATIONS (Budget Hearing Majority - Public Utility Commission) Caucus Room 2:30 P.M. APPROPRIATIONS (Budget Hearing Majority - Office of Consumer Advocate) Caucus Room 3:30 P.M. APPROPRIATIONS (Budget Hearing Majority - Office of Small Business Advocate) Caucus Room MONDAY, MARCH :30 A.M. APPROPRIATIONS (Budget Hearing Majority - Secretary Bittenbender --Overall Caucus Room Economic Outlook and Perspective) 1:00 P.M. APPROPRIATIONS (Budget Hearing Majority - Department of Health) Caucus Room 2:30 P.M. APPROPRIATIONS (Budget Hearing Majority - Department of Commerce) Caucus Room 1UESDAY, MARCH 28, :00 A.M. APPROPRIATIONS (Budget Hearing Majority - State System of Higher Education) Caucus Room 10:30 A.M. APPROPRIATIONS (Budget Hearing Majority University of Pittsburgh) Caucus Room 1:00 P.M. APPROPRIATIONS (Budget Hearing Majority - Temple University) Caucus Room 2:00 P.M. APPROPRIATIONS (Budget Hearing Majority Lincoln University) Caucus Room 3:00 P.M. APPROPRIATIONS (Budget Hearing Majority Penn State University) Caucus Room WEDNESDAY, MARCH :00 A.M. APPROPRIATIONS (Budget Hearing Majority - Department of Corrections) Caucus Room 10:30 A.M. APPROPRIATIONS (Budget Hearing Majority - Department of Insurance) Caucus Room 1:00 P.M. APPROPRIATIONS (Budget Hearing Majority - Judiciary) Caucus Room 2:30 P.M. APPROPRIATIONS (Budget Hearing Majority - Department of Revenue) Caucus Room 3:30 P.M. APPROPRIATIONS (Budget Hearing Majority - Historical and Museum Commission) Caucus Room