ILkgisIatift J}llurnal

Transcription

1 COMMONWEALTH OF PENNSYLVANIA ILkgisIatift J}llurnal TUESDAY, OCTOBER 31, 1995 SESSION OF TH OF THE GENERAL ASSEMBLY No. 61 SENATE TUESDAY, October 31, 1995 The Senate met at 10 a.m., Eastern Standard Time. The PRESIDENT (Lieutenant MaJk S. Schweiker) in the Chair. PRAYER The Chaplain, Reverend DAVID CAWSTON, pastor of Christian Life Center, Bensalem, offered the following prayer: Shall we pray. Almighty God, we give You praise for all the benefits that we receive from Your hand. We praise You today for life and the right that we have to pursue and enjoy it. We praise you today for Your provisions that are supplied regularly for us and that we so often take for granted. We praise You today for companionship that we can have with You and with our fellowman so that we are not alone. We praise You today for our country and our freedoms that we enjoy, knowing that great costs have been paid to maintain them. We praise You today for the beauty of this Commonwealth and for the leaders whom You have ordained to lead. For all these blessings, we give You praise. We now invite You, Almighty God, to give wisdom, counsel, understanding, and strength to all the leadership of this great State. We pray especially for this Senate body as they deliberate over the matters at hand. May they have the courage to choose what is right and best for the citizenry of this Commonwealth. May they have the conviction to stand firm in what is just. May they have the integrity and boldness to not waiver in the face of criticism and opposition Enlighten their minds on dark issues. Clarify their thinking on clouded and unclear points. Almighty God, we recognize today our need of Your help. The complexities of life are so challenging and the decisions made here in these Chambers are so far-reaching. We implore You to walk with us through this day and to make us adequate to confront the agenda at hand. We give You thanks for Your strength, wisdom, counsel, and help in advance. Again, we acknowledge our dependence upon You. In Your name we pray. Amen. The PRESIDENT. The Chair thanks Reverend Cawston, who is the guest today of Senator Tomlinson. LEGISLATIVE LEAVES The PRESIDENT. The Chair recognizes tile gentleman from Lackawanna, Senator Mellow. Senator MELLOW. Mr. President, I request temponny Capitol leaves for Senator Andrezeski, Senator Furno, Senator Hughes, and Senator Williams. The PRESIDENT. Senator Mellow requests temponny Capitol leaves for Senator Andrezeski, Senator Furno, Senator Hughes, and Senator Williams. Without objection, those leaves are granted. LEAVE OF ABSENCE Senator MELLOW asked and obtained leave of absence for Senator DAWIDA, for today's Session, for personal reasons. JOURNAL APPROVED The PRESIDENT. A quonun of the Senate being present, the Clerk will read the Journal of the preceding Session of October 30, 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: Andrezeski Hart Mellow Stapleton Annstrong Heckler Mowery Stewart Bell Holl O'Pake Tartaglione Bodack Hughes Peterson Tilghman Connan Jubelirer Punt Uliana Fisher LaValle Robbins Wenger Fumo Lemmond Salvatore Williams

2 1110 LEGISLATIVE JOURNAL -- SENATE OCTOBER 31, NAYS---{) A majority of the Senators having voted "aye," the question was detennined in the affinnative. The PRESIDENT. The Journal is approved. LEGISLATIVE LEAVES Delaware, Senator Loeper. Senator LOEPER. Mr. President, Senator Armstrong and Senator Heckler have been called from the floo~ and I request temporary Capitol leaves on their behalf. The PRESIDENT. Senator Loeper requests temporary Capitol leaves for Senator Armstrong and Senator Heckler. Without objection, those leaves are granted. HOUSE MESSAGES SENATE BILL RETURNED WITH AMENDMENTS The Clerk of the House of Representatives returned to the Senate SB 578, with the information the House has passed the same with amendments in which the concurrence of the Senate is requested. The PRESIDENT. Pursuant to Senate Rule XI~ section 5, this bill will be referred to the Committee on Rules and Executive Nominations. BOUSE CONCURS IN SENATE AMENDMENTS TO BOUSE BILL BY AMENDING SAID AMENDMENTS The Clerk of the House of Representatives informed the Senate that the House has concurred in amendments made by the Senate by amending said amendments to DB 272. The PRESIDENT. Pursuant to Senate Rule XI~ section 5, this bill will be referred to the Committee on Rules and Executive Nominations. BOUSE 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: Recess adjournment. GENERAL COMMUNICATION OFFICE OF SMALL BUSINESS ADVOCATE BUDGET REQUEST FOR FISCAL YEAR The PRESIDENT laid before the Senate the following communication, which was read by the Clerk as follows: OFFICE OF SMALL BUSINESS ADVOCATE Commonwealth of Pennsylvania Suite 1102, Commerce Building 300 North Second Street Harrisburg, Pennsylvania October 30, 1995 Hon. Thomas 1. Ridge of Pennsylvania Room 225, Main Capitol Building Harrisburg, PA Hon. Robert C. Jubelirer President Pro Tempore Senate of Pennsylvania Room 292, Main Capitol Building Harrisburg, PA Hon. Matthew J. Ryan Speaker ofthe House House of Representatives Room 139 Main Capitol Building Harrisburg, PA Dear Ridge, Senator Jubelirer and Representative Ryan: In accordance with the requirements of Section 6 ofact 181 of 1988, 73 P.S ~., and Section 610 ofthe Ad.minis1rative Code of 1929, I am submitting the enclosed Budget Request ofthe Office of Small Business Advocate for Fiscal Year Copies are also being delivered today to the Secretmy for Budget, the Secretary ofcommerce and the Insurance Commissioner ofpennsylvania. As explained in detail in the enclosed budget request, the total expenses that the Office estimates it will incur in fiscal year for both its utility and insurance regulatory activities are $1,019,000, a decrease of $192,000 fiom the approved budget for the Office for the current fiscal year. I should also point out that none of the funds used to support the Office of Small Business Advocate come from the general fimds of the Commonwealth. The utility regulatory activities on which we are engaged are funded by assessments on public utilities while the funds to support our wolk concerning wolkers' compensation insurance mtes come fiom assessments on the insurance companies that issue such policies in Pennsylvania. Please let me know if you or members of your staffs have any questions or would like to meet with me to discuss this Budget Request Sincerely yours, BERNARD A. RYAN, JR. Small Business Advocate The PRESIDENT. This report will be filed in the Libnuy. SPECIAL ORDER OF BUSINESS ANNOUNCEMENTS BY THE SECRETARY The SECRETARY. Consent has been given for the following committees to meet during today's Regular Session: the Committee on Appropriations to consider House Bills No and 2078~ the Committee on Rules and Executive Nominations to consider House Bill No. 272 and certain nominations~ and the Committee on Environmental Resources and Energy to consider House Bills No. 76 and 490. REPORTS FROM COMMITTEE Senator CORMAN, from the Committee on Transportation, reported the following bills: SB 216 (pr. No. 1541) (Amended) An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, providing for a motor vehicle theft prevention program. SB 222 (pr. No. 228) An Act designating a bridge in Union Township, Lawrence COlmty, as the Thomas 1. Fee Bridge.

3 1995 LEGISLATIVE JOURNAL - SENATE 1111 SB 496 (pr. No. 515) An Act designating a section of Route 3013 in Westmoreland County, Pennsylvania, as the C. Vance DeiCas Memorial Highway. SB 811 (pr. No. 1542) (Amended) An Act designating a covered bridge on which SR 3021 crosses over Tom's Creek in Adams County as the G. Donald McLaughlin Memorial Covered Bridge. DB 269 (pr. No. 262) An Act designating a certain bridge in Bradford County as the Ebin Dunning Bridge. DB 640 (pr. No. 2727) (Amended) An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, further providing for special registration plates; providing for special registration plates for Vietnam veterans and for an agriculture registmtion plate; establishing the Agricu1ture-~-the-C1assroom Fund; and making an appropriation. DB 917 (pr. No. 1534) An Act designating SR 3015 in Susquehanna County and SR 1009 in Wyoming County as Avery Station Road. SPECIAL ORDER OF BUSINESS CONDOLENCE RESOLUTION Schuylkill, Senator Rhoades. Senator RHOADES. Mr. President, I have a condolence resolution on behalf of the Honornble WIlliam D. Hutchinson, which I would like to present to the Senate, which reads as follows: Whereas, William D. Hutchinson, Sr., fedeml judge and fonner member of the Pennsylvania Legislature, passed away October 8, 1995 at the age ofsixty-three; and Whereas, Judge Hutchinson's career was cappell, first, by his appointment as justice of the Pennsylvania Supreme Court in 1982 and second, by his appointment as circuit judge, United States Court of Appeals, ThiId Circuit, by President Ronald Reagan in From , he served with distinction as a member of the Pennsylvania House of Representatives. He gmduated from Momvian College, magna cum laude in 1954, Harvard Law School in 1957 and he was admitted to the bar in 1958; and Whereas, Judge Hutchinson returned to Schuylkill County to pmctice civil and criminal law and became assistant district attorney in 1963 and county solicitor in He started his own pmctice in 1977 before fonning the partnership of Hutchinson, Heitmiller, and Nickles in 1980, leaving in 1982 to join the state Supreme Cowt. He was an active member ofthe First United Methodist Church in Pottsville; had been honored by the Philadelphia and Schuylkill County Welsh societies; and was a member of the Masons and the Tall Cedars; now, therefore be it. Resolved, That the Senate of the Commonwealth of Pennsylvania notes with great sadness the passing of the Honomble William D. Hutchinson, Sr., beloved family member and esteemed judicial and governmental leader, extends heartfeh condolences to his wife, Louise Meloney Hutchinson; sons, William JT. and Andrew; daughters, Kathryn Barone and Louise Mara; and grandchildren; and be it further Resolved, and it mentions and names us. To remember Bill, he was a man who loved serving people, a most effective legislator, a most effective jurist, and a great Pennsylvanian. I would ask that the Senate adopt this resolution. Will the Senate agree to the resolution? Allegheny, Senator Fisher. Senator FISHER. Mr. President, just briefly on the resolution, if I could. I remember vety well, it seems like just a few years ago when I first came to the House of Representatives, and for many of our new Members, particularly those of us who were in the House back in those days, we certainly never had the quarters that even the House Members have today or the staffing or the equipment that those of us in the General Assembly have at our disposal today. But there were a munber of us who were then in the' Minority party, the Republican Party, in the House of Representatives, who were all located down in what we called the bowels of the basement, on the other side of the Capitol. When I first started my career, one of those people who was not in my office but in the next office which contained four other Members-there were four Members in our office and four Members in the next office- was Bill Hutchinson. I got to know Bill not just as neighbor but as a person who was on the House Judiciary Committee with me, and we were involved in a munber ofefforts over the 6 years that I had the chance to serve with Bill Hutchinson He was an outstanding lawyer, a person with an outstanding legal mind. He was the House of Representatives' Jim Kelley in those days, as he was the person who raised the constitutional questions that were frequently raised at that time during the House debate. I think it was vety fitting and appropriate that in the early 1980s Bill threw his hat in the ring and was elected as a Justice to the Pennsylvania Supreme Court and served with dis-. tinction on that court. He was a person who had a tremendous legal background, but he had the common sense, a lot of which I think he picked up and carried with him as a Member of the State House. And I know Bill did a tremendous job on our Supreme Court for the short 4 or 5 years that he served and then was honored by being appointed as a member of the Third Circuit Court of Appeals. Bill Hutchinson was someone whom I always considered a friend. I would see him about once a year in the lobby ofthe Waldorf during the Pennsylvania Society dinner. It was the only time Bill was allowed to get out and see his old friends, so he thought, but he was a person whom I remember vety fondly. All of us, his ex-colleagues, miss him. We mourn his passing, and as members of the bar of this Commonwealth, we certainly mourn the passing of one of our finest members of the Federal appellate court. So, Mr. President, I certainly appreciate having the opportunity to say those few words on the resolution so appropriately introduced by the gentleman from Schuylkill, Senator Rhoades. Thank you, Mr. President. Philadelphia, Senator Salvatore.

4 1112 LEGISLATIVE JOURNAL - SENATE OCTOBER 31, Senator SALVATORE. Mr. President, I also would like to say that we lost a wondetful person in Bill Hutchinson Having selved with him in the House, I got to know him as a personal friend. He was always there to be the stabilizing force for us. When we had any problem, Bill would always sit down and talk about it Bill was an individual who never folgot his roots, never folgot where he came from. He was always a humble person, and I always admired that humbleness about him, a virtue that many of us never seem to acquire. And I just would like to say that, Bill, you are going to be missed, and I would hope that other people would come along and tty to emulate Bill Hutchinson. Thank you, Mr. President. And the question recurring, Will the Senate adopt the resolution? The PRESIDENT. All those in favor of the resolution are encouraged to please rise in a moment of silence. (Whereupon, the Senate en bloc in a moment of silence in solemn respect to the memory of Hon. William D. Hutchinson.) The PRESIDENT. The Chair declares the resolution unanimously adopted. CALENDAR THIRD CONSIDERATION CALENDAR BILL REREPORTED FROM COMMITTEE AS AMENDED ON THIRD CONSIDERATION AND FINAL PASSAGE DB 1086 (pr. No. 2703) - The Senate proceeded to consideration An Act amending Title 35 (Health and Safety) of the Pennsylvania Consolidated Statutes, further providing for organization ofpennsylvania Emergency Management Agency. And the amendments made thereto having been printed as required by the Constitution, LEGISLATIVE LEAVES Lackawanna, Senator Mellow. Senator MELLOW. Mr. President, I request temporary Capitol leaves for Senator Belan and Senator Kasunic. The PRESIDENT. Senator Mellow requests temporary Capitol leaves for Senator Belan and Senator Kasunic. Without objection, those leaves are granted. And the question recurring, Andrezeski Hart Mellow Stapleton Annstrong Heckler Mowery Stewart Bell Holl Q'Pake Tartaglione Bodack Hughes Peterson TIlghman Corman Jubelirer Punt Uliana Fisher LaValle Robbins Wenger Furno Lemmond Salvatore Williams NAYS~ "aye," the question was determined in the affirmative. Ordered, That the SecretaI)' of the Senate return said bill to the House of Representatives with information that the Senate has passed the same with amendments in which concurrence of the House is requested. BILLS OVER IN ORDER SB 31 and SB ~64 -- Without objection, the bills were passed over in their order at the request of Senator FISHER. BILLS ON THIRD CONSIDERATION AND FINAL PASSAGE SB 944 (pr. No. 1470) -- The Senate proceeded to consideration An Act amending Title 34 (Game) ofthe Pennsylvania Consolidated Statutes, defining "migratory game bird"; establishing a migratory game bird hunting license; providing for use of proceeds from the migratory game bird hunting license; further providing for the date of the annual audit and report to be submitted by the Pennsylvania Game Commission and the Legislative Budget and Finance Committee; adding provisions relating to goose hunting areas; and further providing for permits. And the amendments made thereto having been printed as required by the Constitution, Afflerbach Andrezeski Annstrong Belan Bell Bodack Brightbill Corman Delp Fisher Furno Gerlach Greenleaf Hart Heckler Helfrick Holl Hughes Jones Jubelirer Kasunic LaValle Lemmond Loeper Madigan Mellow Mowery Musto Q'Pake Peterson Porterfield Punt Rhoades Robbins Salvatore Schwartz Shaffer Stapleton Stewart Stout Tartaglione TIlghman Tomlinson Uliana Wagner Wenger Williams

5 1995 LEGISLATIVE JOURNAL - SENATE 1113 NAYS-o "aye," the question was detennined in the affinnative. Onlered, That the SecretaIy of the Senate present said bill to the House of Representatives for concurrence. S (pc No. 1528) - The Senate proceeded to consideration An Act amending the act of May 17, 1921 (p. L. 682, No. 284), entitled "The Insumnce Company Law of 1921:' further providing for investment; and providing for additional investment authority for subsidiaries. And the amendments made thereto having been printed as required by the Constitution, Andrezeski Hart Mellow Stapleton Armstrong Heckler Mowery Stewart Bell Holl Q'Pake Tartaglione Bodack Hughes Peterson TIlghman Corman Jubelirer Punt Uliana Fisher LaValle Robbins Wenger Furno Lemmond Salvatore Williams NAYS-o "aye," the question was detennined in the affinnative. Onlered, That the SecretaIy of the Senate present said bill to the House of Representatives for concurrence. HB 2037 (pr. No. 2527) - The Senate proceeded to consideration An Act authorizing the DepaI1ment of Genem1 Services, wi1h the approval of the and the Department of Transportation, to grant and convey a permanent right-of-way over certain State land to the Middletown Fire Company No. I, Delaware County, Pennsylvania; and making repeals. Andrezeski Hart Mellow Stapleton Armstrong Heckler Mowery Stewart Bell Holl Q'Pake Tartaglione Bodack Hughes Peterson TIlghman. Corman Jubelirer Punt Ulima Fisher LaValle Robbins Wenger Furno Lemmond Salvatore Williams NAYS-o "aye," the question was determined in the affirmative. Ordered, That the SecretaIy of the Senate return said bill to the House of Representatives with infonnation that the Senate has passed the same without amendments. SECOND CONSIDERATION CALENDAR BILLS REREPORTED FROM COMMIITEE AS AMENDED OVER IN ORDER SB,509 and SB Without objection, the bills were passed over in their order at the request of Senator FISHER.. PREFERRED APPROPRIATION BILL OVER IN ORDER SB Without objection, the bill was passed over in its order at the request of Senator FISHER. BILL OVER IN ORDER SB Without objection, the bill was passed over in its order at the request of Senator FISHER. LEGISLATIVE LEAVE CANCELLED Lackawanna, Senator Mellow. Senator MELLOW. Mr. President, Senator Hughes has joined us on the floor, and I would like to cancel his temponuy Capitol leave. The PRESIDENT. And that leave is cancelled. SECOND CONSIDERATION CALENDAR RESUMED BILL ON SECOND CONSIDERATION AND REREFERRED SB 638 (pr. No. 662) - The Senate proceeded to comideration An Act amending the act of July 6, 1989 (p. L. 169, No. 32), entitled "Storage Tank and Spill Prevention Act," further defining "commercial heating oil storage tank" and "undetground storage tank"; further providing for powers and duties of the UndeIground Storage Tank Indemnification Board; and making repeals.

6 1114 LEGISLATIVE JOURNAL - SENATE OCTOBER 31, Considered the second time and agreed to, Ordered, To be printed for third consideration. Upon motion of Senator FISHER, and agreed to, the bill just considered was rereferred to the Committee on Environmental Resources and Energy. BILL OVER IN ORDER SB Without objection, the bill was passed over in its order at the request of Senator FISHER. BILL ON SECOND CONSIDERATION SB 872 (pr. No. 1540) -- The Senate proceeded to consideration An Act providing for negotiated environmental regulation and policy guidance proceedings~ creating the Public Rulemaking Assistance Fund; and authorizing the fonnation ofadvisory committees and stbkeholder groups, the scheduling of worlcshops and public meetings and the fonnation ofprocedures for giving the public access to department documents. Considered the second time and agreed to, Ordered, To be printed on the Calendar for third consideration. BILL OVER IN ORDER SB %0 - Without objection, the bill was passed over in its order at the request of Senator FISHER. RECESS ~ PRESIDENT. The Chair recognizes the gentleman from Allegheny, Senator Fisher. Senator FISHER. Mr. President, I ask for a brief recess of the Senate for the purpose of a meeting of the Committee on Appropriations to be held in the rear of the Chamber in the Rules room, with the expectation of returning to the floor as soon as that meeting concludes. ~ PRESIDENT. Senator Fisher makes it known the need for a meeting of the Committee on Appropriations to begin following this announcement and to occur in the Rules room at the rear of this Chamber, and for that purpose, the Senate stands in recess. AFTER RECESS The PRESIDENT. The time of recess having expired, the Senate will come to order. REPORTS FROM COMMITTEES Senator BRIGHTBILL, from the Committee on Environmental Resources and Energy, reported the following bill: HB 490 (pr. No. 518) An Act amending the act of January 8, 1960 (1959 P.L.2119, No.787), known as the Air Pollution Control Act, exempting certain portions of highways in second class townships from dust control measures. Senator TILGHMAN, from the Committee on Appropriations, reported the following bills: HB 1085 (pr. No. 2749) (Amended) (Rereported) An Act establishing the State Fire Commissioner within the Pennsylvania Emergency Management Agency~ transferring the Volunteer Loan Assistance Program and the State Fire Academy to the State Fire Commissioner, and making repeals. HB 2078 (pr. No. 2582) (Rereported) An Act amending the act of December 5, 1936 (2nd Sp.Sess., 1937 P.L.2897, No.1), known as the Unemployment Compensation Law, further providing for records of and reports by employers, for contributions and appeals and for ineligibility for compensation~ and providing for voluntary Federal income tax withholding. SPECIAL ORDER OF BUSINESS GUESTS OF SENATOR MICHAEL A. O'PAKE PRESENTED TO THE SENATE Berks, Senator O'Pake. Senator O'PAKE. Mr. President, we are fortunate to have in the gallety two outstanding groups of young citizens from the 11th Senatorial District in Betks County. In the gallety obsejving us is the honors level government class of Schuylkill Valley High School, with their teacher, Jeff Evans. Also joining. them is a group of AmeriCorps volunteers from Betks County. They are here with their group director, Julia Staud. They have been working at the Daniel Boone Homestead in Berks County and also at the Berks County Patks and Recreation Department at the handicapped interpretive trail, which is in the youth recreation area in Bern Township of Berks County, and have been doing a very fine job. So I ask the Senate to extend its usual warm welcome to the students from Schuylkill Valley High School and to the AmeriCorps volunteers from Berks County. The PRESIDENT. Would our guests please rise so that we may extend our usual warm welcome. (Applause.),LEGISLATIVE LEAVE CANCELLED The PRESIDENT. Senator Furno has returned to the floor, and his temporal)' Capitol leave will be cancelled. RECESS Delaware, Senator Loeper. Senator LOEPER. Mr. President, at this time I ask for a brief recess of the Senate for the purpose of a Republican caucus to begin immediately in the Rules room at the rear of the Senate Chamber, with an expectation of!tying to return to the floor at approximately 12:30. Lackawanna, Senator Mellow. Senator MELLOW. Mr. President, I request a Democratic caucus to begin immediately in our caucus room.

7 1995 LEGISLATIVE JOURNAL - SENATE 1115 The PRESIDENT. SenatorLoeper has made itknown that the Republican Caucus is to hold a meeting to begin immediately at the rear of the Senate in the Rules room, with the expectation of returning at approximately 12:30 p.m. The Democratic Members are requested to make their way to their meeting room at the rear of the Senate. For those purposes, the Senate will stand in recess. AFTER RECESS The PRESIDENT. The time of recess having expired, the Senate will come to order. LEGISLATIVE LEAVES CANCELLED The PRESIDENT. Senator Andrezeski, Senator Armstrong, and Senator Heckler have returned to the t1oo~ and their temponuy Capitol leaves are cancelled. SPECIAL ORDER OF BUSINESS SUPPLEMENTAL CALENDAR No.1 BILL REREPORTED FROM COMMITIEE AS AMENDED ON THIRD CONSIDERATION AND FINAL PASSAGE DB 1085 (pro No. 2749) - The Senate proceeded to consideration An Act establishing the State Fire Commissioner within the Pennsylvania EmeIgency Management Agency; transferring the Vohmteer Loan Assistance Program and the State Fire Academy to the State Fire Commissioner, and making repeals. And the amendments made thereto having been printed as required by the Constitution, Afflerbach Andrezeski Annstrong Belan BeI1 Bodack Brightbill Corman Delp Fisher Furno Gerlach Greenleaf Hart Heckler Helfrick Hol1 Hughes Jones Jubelirer Kasunic LaVal1e Lemmond Loeper Madigan Mellow Mow.ery Musto O'PaRe Peterson Porterfield Punt Rhoades Robbins Salvatore Schwartz NAYS-Q Shaffer Stapleton Stewart Stout Tartaglione Tilghman Tomlinson Uliana Wagner Wenger Williams "aye," the question was determined in the affirmative. Ordered, That the Secretary of the Senate return said bill to the House of Representatives with infonnation that the Senate has passed the same with amendments in which concurrence of the House is requested. BILL ON THIRD CONSIDERATION AND FINAL PASSAGE DB 2078 (pro No. 2582) - The Senate proceeded to consideration An Act amending the act of December S, 1936 (2nd Sp.Sess., 1937 P.L.2897, No.1), known as the Unemployment Compensation Law, ftuther providing for records of and reports by employers, for contributions and appeals and for ineligibility for compensation; and providing for voluntmy Federal income tax withholding. Andreze!lki Hart Mellow Stapleton Annstrong Heckler Mowery Stewart Bell Holl O'Pake Tartaglione Bodack Hughes Peterson Tilghman Corman Jubelirer Punt Uliana Fisher lavalle Robbins Wenger Furno Lemmond Salvatore Williams NAYS-Q "aye," the question was determined in the affirmative. Ordered, That the Secretary of the Senate return said bill to the House of Representatives with infonnation that the Senate has passed the same without amendments. RECESS Delaware, Senator Loeper. Senator LOEPER. Mr. President, at this time I ask for a vel)' brief recess of the Senate for the pwpose of a meeting of the Committee on Rules and Executive Nominations to take place immediately in the Rules room at the rear of the Senate Chamber. The PRESIDENT. Senator Loeper has made known the need for an immediate meeting of the Committee on Rules and Executive Nominations in the Rules room. For that pwpose, the Senate stands in brief recess.

8 1116 LEGISLATIVE JOURNAL - SENATE OCTOBER 31, 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 of the Commonwealth, which were read by the Clerk as follows: ALLEGHENY COUNTY In confonnity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Donald E. Machen, Esquire, 12~6 Beechwood Boulevard, Pittsbmgh 15206, Allegheny COWIty, Forty-third Senatorial District, for appointment as Judge ofthe Court of Common Pleas ofallegheny County, to serve WItil the first Monday of January 1996, vice The Honorable Richard G. Zeleznik, mandatol}' retirement THOMAS J. RIDGE MONTGOMERY COUNTY In confotmity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Kent Hanison Albright, Esquire, 1880 Township Line Road, Telford 18969, Montgomery COWIty, Twenty-fourth Senatorial District, for appointment as Judge of the Court of Common Pleas of Montgomery COWIty, to serve WItil the frrst Monday ofjanuaty 1996, vice The Honorable Louis D. Stefan, deceased. THOMAS J. RIDGE MONTGOMERY COUNTY In confotmity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Rhonda Lee Daniele, Esquire, 1730 Forest Creek Drive, Blue Bell 19422, Montgomery COWIty, Twenty-fourth Senatorial District, for appointment as Judge of the Court of Common Pleas of Montgomery County, to serve until the first Monday of January 1996, vice The Honorable Richard S. Lowe, mandatol}' retirement. THOMAS J. RIDGE MEMBER OF TIIE MILK MARKETING BOARD June 26, 1995 In confotmity with law, 1 have the honor hereby to nominate for the advice and consent of the Senate, Beverly R. Minor, 1531 Route 136, Washington 15301, Washington County, Forty-sixth Senatorial District, for appointment as a member of the Milk Marlceting Board, to serve WItil May I, 2001 and until her successor is appointed and qualified, vice Donald E. Lanius, deceased. THOMAS 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. EXECUTIVE NOMINATIONS EXECUTIVE SESSION Motion was made by Senator SALVATORE, That the Senate do now resolve itself into Executive Session for the purpose of considering certain nominations made by the. Which was agreed to. NOMINATIONS TAKEN FROM THE TABLE Senator SALVATORE, by unanimous consent, called from the table certain nominations and asked for their consideration The Clerk read the nominations as follows: ALLEGHENY COUNTY In confonnity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Donald E. Machen, Esquire, 1256 Beechwood Boulevard, Pittsburgh 15206, Allegheny County, Forty-third Senatorial District, for appointment as Judge ofthe Court of Common Pleas ofallegheny COWIty, to selve WItil the ftrst Monday of January 1996, vice The Honorable Richard G. Zeleznik, mandatol}' retirement. THOMAS J. RIDGE MONTGOMERY COUNTY In confotmity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Kent Hanison Albright, Esquire,

9 1995 LEGISLATIVE JOURNAL - SENATE Township Line Road, Telford 18969, Montgomery COWlty, Twenty-fourth Senatorial District, for appointment as Judge of the Court of Common Pleas of Montgomery COWlty, to serve Wltil the fltst Monday of January 1996, vice The Honomble Louis D. Stefan, deceased. THOMAS 1. RIDGE MONTGOMERY COUNTY To the Honomble, the Senate of the Commonwealth of PennsyIvania: In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Rhonda Lee Daniele, Esquire, 1730 Forest Creek Drive, Blue Bell 19422, Montgomery COWlty, Twenty-fourth Senatorial District, for appointment as Judge of the Court of Common Pleas of Montgomery COWlty, to serv.e Wltil the first Monday of Janumy 1996, vice The Honomble Richard S. Lowe, mandatory retirement. THOMAS 1. RIDGE MEMBER OF 1HE MILK MARKETING BOARD To the Honomble, the Senate of the Commonwealth of June 26, 1995 In conformity with law, I have the honor hereby to nominate for the advice and consent ofthe Senate, Beverly R. Minor, 1531 Route 136, Washington 15301, Washington COWlty, Forty-sixth Senatorial District, for appointment as a member of the Milk MaIketing Board, to serve Wltil May 1,2001 and Wltil her successor is appointed and qualified, vice Donald E. Lanius, deceased. THOMAS 1. RIDGE Will the Senate advise and consent to the nominations? QUESTION DIVIDED Philadelphia, Senator Salvatore. Senator SALVATORE. Mr. President, if we could break those apart and first vote on Donald E. Machen for Judge of the Court of Common Pleas of Allegheny County as a separate vote, and then we will take the other three as one vote, if that is agreeable with the other side of the aisle. The PRESIDENT. The question is divisible. Will the Senate advise and consent to the nomination of Donald E. Machen for Judge, Court of Common Pleas, Allegheny County? LEGISLATIVE LEAVES Delaware, Senator Loeper. Senator LOEPER. Mr. President, I request temporcuy Capitolleaves for Senator Shafferand Senator Heckler, who have been called from the floor to their offices. The PRESIDENT. Senator Loeper requests temporcuy Capitol leaves for Senator Shaffer and Senator Heckler, and those leaves are granted. The Chair recognizes the gentleman from Allegheny, Senator Bodack. Senator BODACK. Mr. President, Senator AffleJbach, Senator Jones, Senator LaValle, Senator Mellow, Senator O'Pake, and Senator Wagner have been called back to their offices, and I ask for temponuy Capitol leaves for them. The PRESIDENT. Senator Bodack requests temporcuy Capitol leaves for Senator Afllerhach, Senator Jones, Senator LaValle, Senator Mellow, Senator O'Pake, and Senator Wagner, and those leaves are granted. LEGISLATIVE LEAVE CANCELLED Philadelphia, Senator Williams. Senator WILLIAMS. Mr. President, I just wanted to record the fact that I am here in person and have my temponuy Capitol leave cancelled. And the question recurring, Will the Senate advise and consent to the nomination of Donald E. Machen as Judge, Court ofcommon Pleas, Allegheny County? The yeas and nays were required by Senator SALVATORE and were as follows, viz: YEAS-46 Afilerbach Greenleaf Mellow Shaffer Andrezeski Heckler Mowery Stapleton Armstrong Helfrick Musto Stewart Belan Holl O'Pake Stout Bell Hughes Peterson Tartaglione Bodack Jones Porterfield TIlghman Brightbill Jubelirer Punt Tomlinson Connan Kasunic Rhoades Uliana Delp LaValle Robbins Wagner Fisher Lemmond Salvatore Wenger Furno Loeper Schwartz Williams Gerlach Madigan NAYS-{) A constitutional two-thirds majority of all the Senators having voted "aye," the question was determined in the affirmative. Ordered, That the be informed accordingly. Will the Senate advise and consent to the remaining nominations? The yeas and nays were required by Senator SALVATORE and were as follows, viz:

10 1118 LEGISLATIVE JOURNAL - SENATE OCTOBER 31, Andrezeski Hart Mellow Stapleton Anns1rong Heckler Mowery Stewart Bell Holl O'Pake Tartaglione Bodack Hughes Peterson Tilghman Corman Jubelirer Punt Uliana Fisher LaValle ~obbins Wenger Fumo Lemmond Salvatore Williams NAYS-o A constitutional two-thirds majority of all the Senators having voted "aye," the question was detennined in the affinnative. Ordered, TImt the be infonned accordingly. EXECUTIVE SESSION RISES Senator SALVAlORE. Mr. President, I move that the Executive Session do now rise. The motion was agreed to. UNFINISHED BUSINESS RESOLUTION IN PLACE Senator RHOADES presented to the Chair a resolution. CONGRATULATORY RESOLUTIONS The PRESIDENT laid before the Senate the following resolutions, which were read, considered and adopted: Congratulations of the Senate were extended to John V. Cooney and to Joseph F. Mascari, Jr., by Senator Afllerbach. Congratulations ofthe Senate were extended to Jean DiFatta by Senator Bodack. Congratulations of the Senate were extended to Lois Ehrmann by Senator Connan. Congratulations of the Senate were extended to Dr. Robert A. Broggi and to Charles 1. Rodkey by Senator Fisher. Mrs. Frank Tomasic, Mr. and Mrs. Leonanl R. Palyszeski, Mr. and Mrs. Ralph Rushnock, Mr. and Mrs. Clyde Anderson, Garry 1. Christy and to Marlene L. Norris by Senator Hart. Congratulations of the Senate were extended to Charles C. Crescenzo III by Senator Heckler. Mrs. Howard W. Gething, Mr. and Mrs. Carl E. Paige, Mr. and Mrs. Donald L. Murray and to Mr. and Mrs. Donald E. Thomas by Senator Helfrick. Congratulations of the Senate were extended to Christopher P. Cybulski and to Hancock Fire Company by Senator Holl. Congratulations of the Senate were extended to Reverend Russell Clayton Phillips by Senator Jones. Congratulations of the Senate were extended to Wtlliam C. Stouffer by Senator Jubelirer. Congratulations of the Senate were extended to Wesley Adam Rosner by Senator Kasunic. Mrs. Edward M. Ferkel, Mr. and Mrs. Clifford Stroud and to Mr. and Mrs. Lee Bicking by Senator Lemmond. Mrs. Arnold R. Eisenacher by Senator Loeper. Mrs. Jack E. Heinbach, Mr. and Mrs. Floyd Robinson, Mr. and Mrs. Martin L. Wert and to Judge Thomas C. Raup by Senator Madigan. Congratulations of the Senate were extended to Bergamin 1. Semanko by Senator Mowety. Congmtulations of the Senate were extended to Sheriff Peter P. Hoherchak by Senators Rhoades and Musto. Congratulations of the Senate were extended to FMC Corporation of Philadelphia, Heiden-Craig-Fromyer VFW Post 4789 of North East and to the Starn Tool & Manufacturing Company of Meadville by Senator Robbins. Mrs. Chester Haraczka by Senator Tilghman. Congratulations of the Senate were extended to Frank Klepeisz and to JWT, Inc., of Bethlehem by Senator Uliana. CONDOLENCE RESOLUTION The PRESIDENT laid before the Senate the following resolution, which was read, considered and adopted: Condolences of the Senate were extended to the family of the late William D. Hutchinson, Sr., by Senator Rhoades and others. BILLS ON FIRST CONSIDERATION Senator STEWART. 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 216, SB 222, SB 496, SB 811, DB 269, DB 490, DB 640 and DB 917. And said bills having been considered for the first time, Ordered, To be printed on the Calendar for second consideration. PETITIONS AND REMONSTRANCES Allegheny, Senator Bodack. Senator BODACK. Mr. President, yesterday in a meeting with the, I had the opportunity to hand deliver a stack of petitions bearing the signatures of more than 6,200 Pittsburgh and Allegheny County citizens and taxpayers calling for a restoration of State funds for the Connelley Technical Institute and Adult Educational Center in Pittsbmgh. This facility, as many of you may recall, was shortchanged in this year's budget process, having its $1.8 million line item appropriation in fiscal year totally eliminated in And that, Mr. President, I believe was a serious error, both from a policy and a fiscal point of view.

11 1995 LEGISLATIVE JOURNAL - SENATE 1119 It was a serious error because Connelley, which is in my district, operates the State's largest effort aimed at moving people from welfare back to the worldng rolls. It was a serious error because Connelley, which offers an array of successful training programs, gives people the.skills that they need to land a decent job. Mr. President, it was a serious error because Connelley, for a relatively small investment of State funds, has in many of its programs a job placement success rate of higher than 80 percent, meaning that 80 percent of those who attend Connelley go on to find jobs and become taxpaying citizens once more. It was a serious error also because, when you think about it, Connelley is about helping people who are doing everything possible to help themselves. They are not sitting at home collecting a check, they are back at school, they are getting an education and also the training they need in order to get a job to support themselves and their families. More than half of Connelley's enrollment, consisting of thousands of adult students from throughout western Pennsylvania, is made up of what the U.S. Department of Education describes as a special needs population. They are those who are truly economically or educationally disadvantaged or disabled. Pennsylvania can and should help. It does not make sense that we are not. So yesterday, Mr. President, I was very happy to acknowledge that the, our Ridge, has taken the first step to correct this oversight. After delivering the "Save Connelley" petitions, which were signed by thousands of our southwestern Pennsylvania constituents, after handing the copies of the public testimony which was delivered September 26 at a Pittsburgh hearing on Connelley, and after giving our correspondence from Pittsburgh Mayor Tom Murphy, Pittsburgh School Board President, Liz Healey, and 84 other individual letters of support from Connelley graduates, business and community organizations, Ridge stepped right up to the plate with an immediate promise of a half-million dollars to help Connelley through the remainder of this year, and also a pledge to consider an enhancement of that amount at some future date. You see, Mr. President, Ridge had always indicated to us his willingness to be persuaded of the need to fund this critically important adult education facility, and I am grateful that yestenlay we fmally had the opportunity to meet with the on this issue and to convince him of the need to restore at least a portion of these critically important funds. It is a good beginning, and hopefully it will help prevent Connelley from closing its doors. But, Mr. President, this is only a beginning. The petitions which I delivered to the yestenlay calling for restoration of State funding for Connelley apply to this General Assembly as well. These petitions here calion the and all Members of the General Assembly to save Connelley by restoring the full funding for this vital adult education and job training facility. Mr. President, we can do better for Connelley. We can do better for Bidwell. We can do better for the statewide Progressive Readiness for Employment Program, or PREP. These are the initiatives that are working to help dislocated woikers and others to get training that they need to get jobs. These are the initiatives that are working to help people tum their lives around, and make no mistake, Mr. President, the financial costs, not to mention the human impact of not making this iiwestment in people far exceeds the limited dollars Pennsylvania has available to spend on these programs. Mr. President, I thank you. HOUSE MESSAGE BOUSE NONCONCURS IN SENATE AMENDMENTS TO BOUSE BILL The Clerk of the House of Representatives informed the Senate that the House has nonconcurred in amendments made by the Senate to DB 701. The PRESIDENT. The bill will be placed on the Calendar. ADJOURNMENT Senator LOEPER. Mr. President, I move that the Senate do now adjourn until Monday, November 13, 1995, at 2 p.m., Eastern Standard Time. The motion was agreed to. The Senate adjourned at 1:27 p.m, Eastern Standctrd Time.