SENATE WEDNESDAY, April 9, 1997

Transcription

1 COMMONWEALTH OF PENNSYLVANIA WEDNESDAY, APRIL 9, 1997 SESSION OF ST OF THE GENERAL ASSEMBLY No. 21 SENATE WEDNESDAY, April 9, 1997 The Senate met at 11 a.m., Eastern Daylight Saving Time. The PRESIDENT (Lieutenant Governor Mark S. Schweiker) in the Chair. PRAYER The Chaplain, Reverend Monsignor JOHN P. SEITZINGER, ofst. Paul's Roman Catholic Church, Reading, offered the following prayer: We pray You, Almighty God, who through Jesus Christ has revealed Your glory to all nations, to preserve the works ofyour mercy, that Your word may be spread throughout the entire world and may continue with unchanging faith in the confession ofyour name. We pray You who alone are holy and good to endow with heavenly knowledge, sincere zeal, and sanctity oflife our chief shepherd, John Paul, the chief shepherds ofall other denominations and our Jewish brethren in the government ofall churches. We pray also for all bishops, prelates, pastors, deacons, and rabbis, especially those who are appointed to exercise among us the sanctions ofyour holy mystery. We pray You, 0 God ofmight, wisdom, and justice, through whom authority is rightly ministered, laws enacted, judgments decreed, assist with Your Holy Spirit of councils and fortitude the Governor ofourcommonwealththat his administration may be conducted in righteousness and may be useful to the people over whom he presides by encouraging due respect for virtue and religion, by a faithful execution ofthe laws ofjustice and mercy, and by restraining vice and immorality. Let the light ofyour divine wisdom direct the deliberations of this Senate. Let it shine forth in the laws and proceedings framed for our rule and guidance, that they may tend to the preservation ofpeace, the promotion ofnational happiness, the increase of industry, sobriety, and youthful learning, and may perpetuate to us the blessings ofequal liberty for all. We pray for the Members of the General Assembly, for all judges, magistrates, and other officials who guard our public welfare, that they may be enabled by Your powerful protection to discharge their respective duties with honesty and ability. We likewise recommend to Your unbounded mercy all our brethren and fellow citizens throughout the nation, that they all may be blessed in the knowledge and sanctified in the observance of Your holy law, that they may be preserved in union and in that peace which the world alone cannot give, that after enjoying the blessings of this life may be admitted to those which are eternal. And finally, we pray You, 0 Lord of mercy, to grant to our fellow servants departed the souls of all our parents, relatives, and friends who have testified to their zeal for Your heavenly worship and truth, to all ofthese and to us a place oflight, refreshment, and everlasting peace through our Lord and Savior Jesus Christ. Amen. The PRESIDENT. The Chair thanks Monsignor Seitzinger, who is the guest today of Senator O'Pake. JOURNAL APPROVED ThePRESIDENT. A quorum ofthe Senate being present, the Clerk will read the Journal ofthe preceding Session ofapril 8, The Clerk proceeded to read the Journal of the preceding Session, when, on motion of Senator LOEPER, further reading was dispensed with and the Journal was approved. HOUSE MESSAGES DOUSE BILLS FOR CONCURRENCE The Clerk ofthe House ofrepresentatives presented to the Senate the following bills for concurrence, which were referred to the committees indicated: April 8, 1997 DB 141 and Committee on Judiciary. DB Committee on State Government. DB Committee on Local Government. DB Committee on Labor and Industry. DB Committee on Environmental Resources and Energy. DB Committee on Consumer Protection and Professional Licensure. BILL INTRODUCED AND REFERRED The PRESIDENT laidbefore the Senate the following Senate Bill numbered, entitled, and referred as follows, which was read by the Clerk:

2 350 LEGISLATIVE JOURNAL - SENATE APRIL 9, April 9, 1997 Senators HART and MURPHY presented to the Chair SB 882, entitled: An Act providing for a procedure for adoption ofa home rule charter in counties ofthe second class. Which was committed to the Committee on URBAN AF FAIRS AND HOUSING, April 9, APPOINTMENT BY PRESIDENT PRO TEMPORE The PRESIDENT. The Chair wishes to announce the President pro tempore has made the following appointment: Ms. Nancy Cubben as a member of the Conservation and Natural Resources Advisory Council. RESOLUTION REPORTED FROM COMMITTEE Senator PICCOLA, from the Committee on Aging and Youth, reported the following resolution: DR 50 (pr. No. 450) A Concurrent Resolution directing the Legislative Budget and Finance Committee to conduct an audit ofthe Children's Trust Fund. The PRESIDENT. The resolution will be placed on the Calendar. REPORTS FROM COMMITTEE Senator TILGHMAN, from the Committee on Appropriations, reported the following bills: DB 850 (pr. No. 952) An Act making an appropriation from a restricted revenue account within the General Fund to the Office ofsmall Business Advocate in the Department ofcommunity and Economic Development. DB 851 (pr. No. 953) An Act making an appropriation from the State Employees' Retirement Fund to provide for expenses ofthe State Employees' Retirement Board for the fiscal year July 1, 1997, to June 30, 1998, and for the payment ofbills incurred and remaining unpaid at the close ofthe fiscal year ending June 30, DB 852 (pr. No. 954) An Act making an appropriation from the Public School Employees' Retirement Fund to provide for expenses of the Public School Employees' Retirement Board for the fiscal year July 1, 1997, to June 30, 1998, and for the payment ofbills incurred and remaining unpaid at the close ofthe fiscal year ending June 30, DB 853 (pr. No. 955) An Act making appropriations from the Professional Licensure Augmentation Account and from restricted revenue accounts within the General Fund to the Department of State for use by the Bureau of Professional and Occupational Affairs in support of the professional licensure boards assigned thereto. DB 854 (pr. No. 1201) An Act providing for the capital budget for the fiscal year DB 855 (pr. No. 957) An Act making appropriations from the Workmen's Compensation Administration Fund to the Department oflabor and Industry and the Department ofcommunity and Economic Development to provide for the expenses of administering the Workers' Compensation Act, The Pennsylvania Occupational Disease Act and the Office ofsmall Business Advocate for the fiscal year July 1, 1997, to June 30, 1998, and for the payment ofbills incurred and remaining unpaid at the close of the fiscal year ending June 30, DB 856 (Pr. No. 958) An Act making an appropriation to the Trustees ofthe University ofpennsylvania for the general maintenance and operation ofthe University ofpennsylvania Museum. DB 857 (Pr. No. 959) An Act making an appropriation to The Carnegie for the Carnegie Museum ofnatural History and the Carnegie Science Center. DB 858 (Pr. No. 960) An Act making an appropriation to the Franklin Institute Science Museum. DB 859 (Pr. No. 961) An Act making an appropriation to the Academy ofnatural Sciences. DB 860 (pr. No. 962) An Act making an appropriation to the Afro-American Historical and Cultural Museum for operating expenses. DB 861 (Pr. No. 963) An Act making an appropriation to the Everhart Museum in Scranton. DB 862 (pr. No. 964) An Act making an appropriation to the Mercer Museum in Doylestown, Pennsylvania. DB 863 (Pr. No. 965) An Act making an appropriation to the Museum ofscientific Discovery in Harrisburg, Pennsylvania. DB 864 (Pr. No. 966) An Act making an appropriation to the Arsenal Family and Children's Center. DB 865 (Pr. No. 967) An Act making an appropriation to the Beacon Lodge Camp. DB 866 (Pr. No. 968) An Act making appropriations to the Wistar Institute-Research, Philadelphia.

3 1997 LEGISLATIVE JOURNAL - SENATE 351 HB 867 (pr. No. 969) An Act making an appropriation to St. Francis Hospital, Pittsburgh. HB 868 (pr. No. 970) An Act making an appropriation to the Trustees ofjefferson Medical College and Hospital ofphiladelphia for a comprehensive program relating to Tay-Sachs disease. HB 869 (pr. No. 971) An Act making an appropriation to the Bum Foundation, Philadelphia. HB 870 (pr. No. 972) An Act making an appropriation to the Rehabilitation Institute of Pittsburgh. HB 871 (pr. No. 973) An Act making an appropriation to the Lancaster Cleft Palate. HB 872 (pr. No. 974) An Act making appropriations to St. Christopher's Hospital, Philadelphia. HB 873 (pr. No. 975) An Act making an appropriation to the Trustees ofthe University ofpennsylvania for cardiovascular studies. HB 874 (pr. No. 976) An Act making an appropriation to the Fox Chase Institute for Cancer Research, Philadelphia, for the operation and maintenance of the cancer research program. HB 875 (pr. No. 977) An Act making an appropriation to the Pittsburgh Cleft Palate. HB 876 (pr. No. 978) An Act making an appropriation to the Central Penn Oncology Group. HB 877 (pr. No. 979) An Act making an appropriation to the Johnson Technical Institute ofscranton. HB 878 (pr. No. 980) An Act making an appropriation to the Pennsylvania College of Optometry, Philadelphia. HB 879 (pr. No. 981) An Act making appropriations to the Trustees ofthe Berean Training and Industrial School at Philadelphia. HB 880 (pr. No. 982) An Act making an appropriation to the Pennsylvania College of Podiatric Medicine, Philadelphia. HB 881 (pr. No. 983) An Act making an appropriation to the Williamson Free School of Mechanical Trades in Delaware County. HB 882 (pr. No. 984) An Act making an appropriation to the Philadelphia College of Osteopathic Medicine, Philadelphia. HB 883 (pr. No. 985) An Act making appropriations to the Trustees ofthe University of Pennsylvania. HB 884 (pr. No. 986) An Act making an appropriation to the University of the Arts, Philadelphia. HB 885 (pr. No. 987) An Act making an appropriation to the Trustees of Drexel University, Philadelphia. HB 886 (pr. No. 988) An Act making appropriations to the Allegheny University ofthe Health Sciences. HB 887 (pr. No. 989) An Act making appropriations to the Thomas Jefferson University, Philadelphia. HB 888 (pr. No. 1294) A Supplement to the act ofjuly 7, 1972 (P.L.743, No. 176), known as the Lincoln University-Commonwealth Act, making appropriations for carrying the same into effect; providing for a basis for payments of such appropriations; and providing a method of accounting for the funds appropriated and for certain fiscal information disclosure. HB 889 (pr. No. 1295) A Supplement to the act ofjuly 28, 1966 (3rd Sp.Sess., P.L.87, No.3), known as the University of Pittsburgh-Commonwealth Act, making appropriations for carrying the same into effect; providing for a basis for payments ofsuch appropriations; and providing a method of accounting for the funds appropriated and for certain fiscal information disclosure. HB 890 (pr. No. 1296) A Supplement to the act ofnovember 30, 1965 (p.l.843, No.355), known as the Temple University-Commonwealth Act, making appropriations for carrying the same into effect; providing for a basis for payments ofsuch appropriations; and providing a method ofaccounting for the funds appropriated and for certain fiscal information disclosure. HB 891 (pr. No. 1297) A Supplement to the act ofapril I, 1863 (P.L.2B, No.227), entitled "An act to accept the grant ofpublic Lands, by the United States, to the several states, for the endowment of Agricultural Colleges," making appropriations for carrying the same into effect; and providing for a basis for payments of such appropriations, for a method of accounting for the funds appropriated and for certain fiscal information disclosure.

4 352 LEGISLATlVE JOURNAL - SENATE APRIL 9, RESOLUTION IN PLACE Senator STOUT presented to the Chair a resolution. PERMISSION TO ADDRESS The PRESIDENT. The Chair recognizes the gentleman from Washington, Senator Stout. Senator STOUT. Mr. President, I rise today to introduce a resolution for the Senate to declare and recognize April 29, 1997, to be the federally qualified health center legislative day within the Commonwealth ofpennsylvania. The Pennsylvania Forum for Primary Health Care is an association established to preserve and promote the viability ofcommunity-based primary care providers. A legislative day provides centers with an opportunity to meet their legislators, discuss concerns, and express their appreciation. I will leave this resolution with the Chair and invite anyone who has not already cosigned it to sign the resolution today. Thank you, Mr. President. The PRESIDENT. Senator Stout, the Chair wishes to confirm, you are merely presenting this for review by other Members. Senator SlOUT. Mr. President, for any other Members who want to cosign this resolution. It has been signed by a number ofmembers, andthis will provide them the opportunity, in the balance oftoday's Session, so as to have it introduced for consideration hopefully next week. The PRESIDENT. It is understood, and the record will reflect this. DISCHARGE PETITIONS The PRESIDENT laid before the Senate the following communications, which were read by the Clerk as follows: A PETITION To place before the Senate the nomination of Benson Y. Olenick, O.D., as a member ofthe State Board ofoptometry. TO: The President Officer ofthe Senate: 8 (b) ofarticle IV ofthe Constitution ofpennsylvania, do hereby request that you place the nomination ofbenson Y. Olenick, O.D., as a member ofthe State Board ofoptometry, before the entire Senate body for a vote, the nomination not having been voted upon within 15 legislative days: Robert 1. Mellow Leonard 1. Bodack Raphael J. Musto Patrick 1. Stapleton Vmcent 1. Furno APETITlON TO: The President Officer ofthe Senate: 8 (b) ofarticle IV ofthe Constitution ofpennsylvania, do hereby request that you place the nomination ofgary R. Cenna, as a member of the Probation Advisory Committee, before the entire Senate body for a vote, the nomination not having been voted upon within 15 legislative days: Robert J. Mellow Leonard 1. Bodack Raphael 1. Musto Patrick J. Stapleton Vincent J. Furno APETITlON To place before the Senate the nomination of Joseph F. Giles, as a member ofthe Probation Advisory Committee. TO: The President Officer ofthe Senate: 8 (b) ofarticle IV ofthe Constitution ofpennsylvania, do hereby request that you place the nomination ofjoseph F. Giles, as a member of the Probation Advisory Committee, before the entire Senate body for a vote, the nomination not having been voted upon within 15 legislative days: Robert 1. Mellow Leonard J. Bodack Raphael 1. Musto Patrick J. Stapleton Vincent J. Furno APETITlON To place before the Senate the nomination ofedward J. Keller, as a member ofthe State Employees' Retirement Board. TO: The President Officer ofthe Senate: 8 (b) ofarticle IV of the Constitution ofpennsylvania, do hereby request that you place the nomination ofedward J. Keller, as a member of the State Employees' Retirement Board, before the entire Senate body for a vote, the nomination not having been voted upon within 15 legislative days: Robert J. Mellow Leonard J. Bodack Raphael J. Musto Patrick J. Stapleton Vincent J. Furno APETITlON To place before the Senate the nomination of Fritz Bittenbender, as District Justice for Allegheny County. To place before the Senate the nomination of Gary R. Cenna, as a member ofthe Probation Advisory Committee.

5 1997 LEGISLATIVE JOURNAL - SENATE 353 TO: The PresidentOfficer ofthe Senate: 8 (b) ofarticle N ofthe ConstitutionofPennsylvania, do here~y ~equest that you place the nomination offritz Bittenbender, as DIStrIct Justice for Allegheny County, before the entire Senate body for a vote, the nomination not having been voted upon within 15 legislative days: Robert 1. Mellow Leonard J. Bodack Raphael 1. Musto Patrick J. Stapleton Vincent J. Furno A PETITION To place before the Senate the nomination ofdomenick Argento, as District Justice for Lackawanna County. TO: The President Officer ofthe Senate: 8 (b) ofarticle N ofthe Constitution ofp~sylvania, do here~y ~equest that you place the nomination of Domenlc~Argento, as DistrIct Justice for Lackawanna County, before the entire Senate body for a vote, the nomination not having been voted upon within 15 legislative days: Robert 1. Mellow Leonard 1. Bodack Raphael 1. Musto Patrick J. Stapleton Vincent J. Furno The PRESIDENT. These comlmmications will be laid on the table. LEGISLATIVE LEAVES The PRESIDENT. The Chair recognizes the gentleman from Allegheny, Senator Bodack. Senator BODACK. Mr. President, I request legislative leaves for Senator Belan and Senator Williams, and a temporary Capitol leave for Senator Hughes. The PRESIDENT. Senator BOdack requests a temporary Capitol leave for Senator Hughes, and legislative leaves for Senator Belan and Senator Williams. Without objection, those leaves will be granted. CALENDAR THIRD CONSIDERATION CALENDAR PREFERRED APPROPRIATION BILL ON THIRD CONSIDERATION AND FINAL PASSAGE SB 867 (pr. No. 872) -- The Senate proceeded to consideration An Act making an appropriation from a restricted revenue account within the General Fund to the Office ofsmall Business Advocate in the Department ofcommunity and Economic Development. YEA-49 Afflerbach Heckler Mowery Tartag1ione Armstrong Helfrick Murphy Thompson Belan Holl Musto Tilgtunan Earll lavalle Salvatore Williams Furno Lemmond Schwartz Womiak Hart Mellow Stout Bell NAY-I "aye, II the question was determined in the affirmative. SPECIAL ORDER OF BUSINESS GUESTS OF SENATOR MICHAEL A. O'PAKE PRESENTED TO THE SENATE The PRESIDENT. The Chair recognizes the gentleman from Berks, Senator O'Pake. Senator O'PAKE. Mr. President, one ofthe finest schools in the Reading School District is the Lauers Park Elementary School, and it has a delegation here today from the fourth and fifth grades. This is an exceptional school in the inner city, a very poor neighborhood, but under the leadership ofprincipal Gordon Hoodak and a very dedicated staff of teachers, foster grandparents, neighborhood people, and parents who have come in, they have made this school a real shining light in the whole area. I am proud that they sent the fourth and fifth grade leaders here today with their teacher, Kathy Wiest, and I would ask that the Senate especially recognize the outstanding work that these young people are doing in very difficult times. The PRESIDENT. Would our special guests please rise so that the Senate may give you its usual warm welcome. (Applause.) GUESTS OF SENATOR JAMES J. RHOADES PRESENTED TO THE SENATE The PRESIDENT. The Chair recognizes the gentleman from Schuylkill, Senator Rhoades. Senator RHOADES. Mr. President, every year Mr. Ned Eisenhuth, who is a social studies teacher for the Minersville Area School District, brings students to the Senate for a day as guest Pages. This goes to two ofthe students who receive the

6 354 LEGISLATIVE JOURNAL - SENATE APRIL 9, highest average inhis class, and so serving as guest Pages today are Janine Gateley and Kyle Verbosh. Janine is a high honors academic student who participates as a newspaper writer for the Blue and White, student council, Gennan Club, secretaiy ofthe class of2000. She participates in the annual musical tech crew, and she is in the marching band and concert band, concert choir, and she still finds time to play volleyball and softball at high school and Little League level. Also joining her is Kyle Verbosh, a distinguished honors academic student, who is also a member ofthe student council, the varsity golfteam, and the freshman basketball team. We also have the pleasure of having Mr. Eisenhuth's son, Kent, with us today. He attends Blue Mountain Middle School, and he is also a distinguished honors student who participates in the gifted program, is a member of the ski club, art talent, artist-in-residence program, student council, juniorduck stamp contest, PTA reflections art contest, and the Environthon team. I mention this because Blue Mountain has been national champs, and I think this year they were second or third or maybe were national champs again. He also participates in soccer, golf, and skiing. I would appreciate itifthe Senate would extend its usual warm welcome to our three guest Pages. The PRESIDENT. Would our three guest Pages rise so the Senate may acknowledge you. (Applause.) GUESTS OF SENATOR DAVID W. HECKLER PRESENTED TO THE SENATE The PRESIDENT. The Chair recognizes the gentleman from Bucks, Senator Heckler. Senator HECKLER. Mr. President, I am delighted to welcome to the Senate two fellow Bucks Countians, Rebecca Trauger, who is 7 years old and is a student at the Seylar ElementaIy School ofthe Pennridge School District, and her father, Je:ffTrauger. Jeff has now made charitable contributions to win two trips to Harrisburg. JeWs older daughter, Rachel, visited us a few years ago, and we are delighted that they are here. I can certainly say, having now seen both ofthe Trauger young ladies sitting in this seat, that it would not surprise me in the years to come to see one or the other ofthem here on a more permanent basis. I ask the Senate to join me in extending a warm welcome to Rebecca Trauger and her dad. The PRESIDENT. Would our guests please rise so the Senate may give you its usual warm welcome. (Applause.) THIRD CONSIDERATION CALENDAR RESUMED PREFERRED APPROPRIATION BILL ON TI-llRD CONSIDERATION AND FINAL PASSAGE SB 869 (pr. No. 874) -- The Senate proceeded to consideration An Act making an appropriation from the State Employees' Retirement Fund to provide for expenses ofthe State Employees' Retirement Board for the fiscal year July 1, 1997, to June 30, 1998, and for the payment ofbills incurred and remaining unpaid at the close ofthe fiscal year ending June 30, the Constitution andwere as follows, viz: Afflerbach Hart Mellow Stout Belan Helfiick Murphy Thompson Connan Kasunic Punt Wagner Furno Lemmond Schwartz Wozniak LEGISLATIVE LEAVE CANCELLED The PRESIDENT. Senator Hughes has returned, and his temporary Capitol leave is cancelled. THIRD CONSIDERATION CALENDAR RESUMED PREFERRED APPROPRIATION BILLS ON THIRD CONSIDERATION AND FINAL PASSAGE SB 870 (pr. No. 875) -- The Senate proceeded to consideration An Act making an appropriation from the Public School Employees' Retirement Fund to provide for expenses of the Public School Employees' Retirement Board for the fiscal year July 1, 1997) to June 30, 1998, and for the payment ofbills incurred and remaining unpaid at the close ofthe fiscal year ending June 30, Afflerbach Annstrong Belan Bell Bodack Hart Heckler Helfiick Holl Hughes Mellow Mowery Murphy Musto O'Pake Stout Tartaglione Thompson Tilghman Tomlinson

7 1997 LEGISLATIVE JOURNAL - SENATE 355 Brightbill Corman Costa Delp Earll Furno Gerlach Greenleaf Jubelirer Kasunic Kitchen Kukovich LaValle Lemmond Loeper Madigan Piccola Punt Rhoades Robbins Salvatore Schwartz Slocum Stapleton Uliana Wagner Wenger White Williams Wozniak SB 871 (pr. No. 876) -- The Senate proceeded to consideration An Act making appropriations from the Workmen's Compensation Administration Fund to the Department oflabor and Industry and the Department ofcommunity and Economic Development to provide for the expenses of administering the Workers' Compensation Act, The Pennsylvania Occupational Disease Act and the Office ofsmall Business Advocate for the fiscal year July 1, 1997, to June 30, 1998, and for the payment ofbills incurred and remaining unpaid at the close of the fiscal year ending June 30, Aftlerbach Hart Mellow Stout Furno Lemmond Schwartz Wozniak Ordered, Thatthe Secretary ofthe Senate present saidbill to SB 872 (pr. No. 877) -- The Senate proceeded to consideration An Act making appropriations from the Professional Licensure Augmentation Account and from restricted revenue accounts within the General Fund to the Department of State for use by the Bureau of Professional and Occupational Affairs in support of the professional licensure boards assigned thereto. Aftlerbach Hart Mellow Stout Furno Lemmond Schwartz Wozniak Bll..L OVER IN ORDER DB Without objection, the bill was passed over in its order at the request ofsenator LOEPER. Bll..L ON TIllRD CONSIDERATION AND FINAL PASSAGE SB 55 (pr. No. 953) -- The Senate proceeded to consideration An Act amending Title 30 (Fish) ofthe Pennsylvania Consolidated Statutes, further providing for operating watercraft under influence of alcohol orcontrolled substance, for chemical testing and for classification ofoffenses and penalties. And the amendments made thereto having been printed as required by the Constitution, Aftlerbach Hart Mellow Stout Armstrong Heckler Mowery Tartaglione Bodack Hughes Q'Pake Tomlinson

8 356 LEGISLATIVE JOURNAL - SENATE APRIL 9, Earll Furno Gerlach Greenleaf LaValle Lemmond Loeper Madigan Salvatore Schwartz Slocum Stapleton NAY-o "aye," the question was detennined in the affinnative. Bll..LS OVER IN ORDER Williams Womiak SB 131, SB 200, SB 212 and SB Without objection, the bills were passed over in their order at the request ofsenator LOEPER Bll..L ON THIRD CONSIDERATION AND FINAL PASSAGE SB 423 (pr. No. 954) -- The Senate proceeded to consideration An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, to pennit service ofprocess on SWlday. And the amendments made thereto having been printed as required by the Constitution, Afflerbach Hart Mellow Stout Furno Lemmond Schwartz Womiak Bll..LS OVER IN ORDER SB 585, SB 635, SB 640 and SB Without objection, the bills were passed over in their order at the request ofsenator LOEPER BILL AMENDED SB 732 (pr. No. 790) -- The Senate proceeded to consideration An Act amending the act ofapril 9, 1929 (PL.177, No. 175), entitled The Administrative Code of 1929, further providing for the Thaddeus Stevens State School oftechnology. Will the Senate agree to the bill on third consideration? Senator ARMSTRONG offered the following amendment No. A1l44: Amend Title, page 1, lines 1 through 21, by striking out all ofsaid lines and inserting: Changing the name ofthe Thaddeus Stevens State School oftechnology. Amend Bill, page I, lines 24 through 27; page 2, lines I through 30; page 3, lines 1 through 29, by striking out all ofsaid lines on said pages and inserting: Section 1. Thaddeus Stevens College oftechnology. (a) College.-The Thaddeus Stevens State School oftechnology shall hereinafter be known as the Thaddeus Stevens College oftechnology. (b) Board of Trustees.-The Board of Trustees of Thaddeus Stevens State School oftechnology shall hereinafter be known as the Board oftrustees ofthe Thaddeus Stevens College oftechnology. (c) Reference to law.-any reference in any law including, but not limited to, the act ofapril 9, 1929 (PL.177, No. 175), known as The Administrative Code of 1929, the act of March 10, 1949 (P.L.3D, No.1 4), known as the Public School Code of 1949, and the act ofjuly 8, 1957 (P.L.579, No.321), entitled "An act establishing minimum compensation and increments for members ofthe faculty and administration ofthe Thaddeus Stevens State School oftechnology, the Scotland School for Veterans' Children, and the Scranton State School for thedeaf, providing leave ofabsence with pay for faculty members and the superintendent of schools and imposing duties on the Board of Trustees of such schools and the Secretary of Education," to the Thaddeus Stevens State School of Technology shall hereafter be deemed to refer to the Thaddeus Stevens CollegeofTechnology. Section 2. Repeals. All acts and parts of acts are repealed insofar as they are inconsistent with this act. Section 3. Effective date. This act shall take effect immediately. Will the Senate agree to the amendment? It was agreed to. Without objection, the bill, as amended, was passed over in its order at the request ofsenator LOEPER. BILL ON THIRD CONSIDERATION AND FINAL PASSAGE SB 873 (pr. No. 878) -- The Senate proceeded to consideration An Act providing for the capital budget for the fiscal year

9 1997 LEGISLATIVE JOURNAL - SENATE 357 Afflerbach Hart Mellow Stout Bodack Hughes Q'Pake Tomlinson Connan Kasunic Punt Wagner Furno Lemmond Schwartz Wozniak SECOND CONSIDERATION CALENDAR PREFERRED APPROPRIATION BILL ON SECOND CONSIDERATION BB 847 (pr. No. 1414) -- The Senate proceeded to consideration An Act to provide from the General Fund for the expenses ofthe Executive, Legislative and Judicial Departments of the Commonwealth, the public debt and for the public schools for the fiscal year July 1, 1997, to June 30, 1998, for certain institutions and organizations, and for the payment ofbills incurred and remaining unpaid at the close ofthe fiscal year ending June 30, 1997; to provide appropriations from the State Lottery Fund, the Energy Conservation and Assistance Fund, the Hazardous Material Response Fund, The State Stores Fund, themilkmarketing FWld, the Home Investment Trust Fund, the Emergency Medical Services Operating FWld, the Ben FranklinlIRC Partnership Fund, the Tuition Payment Fund, the Banking Department FWld and the Firearm Ownership Fund to the Executive Department; to provide appropriations from the Judicial Computer System Augmentation Account to the Judicial Department; to provide appropriations from the Motor License Fund for the fiscal year July 1, 1997, to JWle 30, 1998, for the proper operation of the several departments ofthe Commonwealth and the Pennsylvania State Police authorized to spend Motor License Fund moneys; to provide for the appropriation offederal fimds to the Executive and Judicial Departments ofthe Commonwealth and for the establishment ofrestricted receipt accowlts for the fiscal year July 1, 1997, to June 30, 1998, and for the payment ofbills remaining unpaid at the close ofthe fiscal year ending June 30, 1997; and to provide for the additional appropriation of State and Federal funds for the Executive and Judicial Departments of the Commonwealth for the fiscal year July 1, 1996, to June 30, 1997, and for the payment of bills incurred and remaining Wlpaid at the close of the fiscal year ending June 30, Considered the second time and agreed to, Ordered, To be printed on the Calendar for third consideration. SPECIAL ORDER OF BUSINESS SUPPLEMENTAL CALENDAR No.1 BILL ON THIRD CONSIDERATION AND FINAL PASSAGE SB 732 (pr. No. 956) -- The Senate proceeded to consideration An Act changing the name ofthe Thaddeus Stevens State School oftechnology. And the amendments made thereto having been printed as required by the Constitution, Afflerbach Hart Mellow Stout Bell Holl Musto Tilglunan Furno Lemmond Schwartz Womiak SECOND CONSIDERATION CALENDAR RESUMED BILLS OVER IN ORDER SB 7 and SB Without objection, the bills were passed over in their order at the request ofsenator LOEPER. BILLS ON SECOND CONSIDERATION BB 86 (pr. No. 94) - The Senate proceeded to consideration An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, empowering the Governor to authorize the transfer of certain convicted offenders pursuant to outstanding treaties. Considered the second time and agreed to, Ordered, To be printed on the Calendar for third consideration.

10 358 LEGISLATIVE JOURNAL - SENATE APRIL 9, SB 147 (pr. No. 794) -- The Senate proceeded to consideration An Act amending the act ofapril 12, 1951 (P.L. 90, No.21), entitled, as reenacted, Liquor Code, further providing for the disposition offorfeited property. Considered the second time and agreed to, Ordered, To be printed on the Calendar for third consideration. BILL OVER IN ORDER DB Without objection, the bill was passed over in its order at the request ofsenator LOEPER. BILL OVER IN ORDER AND RECOMMITIED SB 175 (pr. No. 169) -- The Senate proceeded to consideration An Act amending Title 18 (Crimes and Offenses) ofthe Pennsylvania Consolidated Statutes, prohibiting the provision ofcertain stimulants to minors~ and providing penalties. Without objection, the bill was passed over in its order at the request ofsenator LOEPER. Pursuant to Senate Rule X. the bill was recommitted to the Committee on Judiciary. BilL ON SECOND CONSIDERATION SB 176 (pr. No. 931) -- The Senate proceeded to consideration An Act providing mastectomy and breast cancer reconstructive smgery coverage standards for health insurance policies. Considered the second time and agreed to, Ordered, To be printed on the Calendar for third consideration. Bll.LS OVER IN ORDER SB 182, SB 211, SB 219, SB 283, SB 301, SB 307, SB 419, SB 427, SB 529and SB Without objection, the bills were passed over in their order at the request of Senator LOEPER. HOUSE CONCURRENT RESOLUTION No. 63, ADOPTED Senator LOEPER, without objection, called up from page 8 of the Calendar, House Concurrent Resolution No. 63, entitled: A Concurrent Resolution memorializing the Congress ofthe United States to address the pragmatic and budgetary shortfalls that have plagued the Nuclear Waste Program. Will the Senate concur in the resolution? Senator LOEPER. Mr. President, I move thatthe Senate do concur in House Concurrent Resolution No. 63. Will the Senate agree to the motion? A voice vote having been taken, the question was determined in the affirmative. Ordered, Thatthe Secretary ofthe Senate inform the House ofrepresentatives accordingly. UNFINISHED BUSINESS CONGRATULATORY RESOLUTIONS The PRESIDENT laid before the Senate the following resolutions, which were read, considered andadopted: Congratulations ofthe Senate were extended to Sterling and Ruth Raber by Senator Brightbill. Congratulations of the Senate were extended to Timothy Devin Case by Senator Earll. Congratulations of the Senate were extended to George W. Jones, Jr., and to Brian Hiltebeitel by Senator Greenleaf. John Omek, Mr. and Mrs. Henry Jakubowski and to Shirley Nardinaby Senator Hart. Rose, Mr. and Mrs. Keeling, Mr. and Mrs. Goldman, Mr. and Mrs. Verbit, Mr. and Mrs. Fisher, Mr. and Mrs. Thompson, Mr. and Mrs. Alexander, Mr. and Mrs. Adams, Mr. and Mrs. Hess, Mr. and Mrs. Carr, Mr. and Mrs. Smallhover, Mr. and Mrs. Hunt, Mr. and Mrs. Trippodo, Mr. and Mrs. O'Brien, Mr. and Mrs. Zaslavasky, Mr. and Mrs. Lasner, Mr. and Mrs. MacTieman and to Mr. and Mrs. Warner by Senators Heckler and Greenleaf. Jerome Buchinski by Senator Helfrick. Congratulations of the Senate were extended to Andrew Crouthamel, Trinity Evangelical Lutheran Church oflansdale and to the Upper Gwynedd Township Fire Departmentby Senator Hoi!. Congratulations of the Senate were extended to David H. Russell and to McRay Bostick, Jr., by Senator Hughes. Anthony R Maisano and to Mr. and Mrs. Byron Mock by Senator Jubelirer. Congratulations of the Senate were extended to the Conemaugh Township Pee-Wee Cheerleading Squad by Senator Kasunic. Congratulations ofthe Senate were extended to Joel Geofrey Doub, Robert Russell and to Simon Gratz High School Basketball Team ofphiladelphia by Senator Kitchen. Congratulations of the Senate were extended to the Mt. Pleasant Volunteer Fire Department No. 3 by Senator Kukovich. Congratulations of the Senate were extended to the First Baptist Church ofkingston by Senator Lemmond. James Montgomery, Scott Balthaser, Carol B. Rosebrough, Matthew Powers and to Kyle Wooster by Senator Madigan. Congratulations of the Senate were extended to Kimberlee Peifer by Senator Mowery.

11 1997 LEGISLATIVE JOURNAL - SENATE 359 Congratulations ofthe Senate were extended to Father James A. O'Brien by Senator Murphy. Congratulations of the Senate were extended to A. Wayne Readinger and to the Saint Joseph Hawks Men's Basketball Team ofphiladelphiaby Senator O'Pake. Congratulations ofthe Senate were extended to Maude Penn and to the Reverend Kenneth Folmsbee by Senator Piccola. Congratulations of the Senate were extended to Lori D. Renwick by Senator Stapleton. Ken Wherry by Senator Stout. Congratulations of the Senate were extended to the Downingtown High School Girls Basketball Team and Coach Robert Schnure by Senators Thompson and Gerlach. Congratulations of the Senate were extended to the Plymouth-Whitemarsh High School Boys Varsity Basketball Team by Senators Tilghman and Holl. Congratulations of the Senate were extended to Randy Siefker by Senator Tomlinson. Congratulations of the Senate were extended to Patrick W. Canrigan by Senator Uliana. Congratulations ofthe Senate were extended to Justin Carter by Senator Wagner. Congratulations ofthe Senate were extended to Robert Allen by Senator Wozniak. BILLS ON FIRST CONSIDERATION Senator WOZNIAK. Mr. President, I move that the Senate do now proceed to consideration ofall bills reported from commitltees for the first time in teday's Session. The motion was agreed to. The bills were as follows: lib 850, HB 851, DB 852, DB 853, DB 854, DB 855, DB 856" DB 857, DB 858, DB 859, DB 860, DB 861, DB 862, DB 863, DB 864, DB 865, DB 866, DB 867, DB 868, DB 869', DB 870, DB 871, DB 872, DB 873, DB 874, DB 875, DB 876, DB 877, DB 878, DB 879, DB 880, DB 881, DB 882;, DB 883, DB 884, DB 885, DB 886, DB 887, DB 888, DB 889, HB 890 and DB 891. And said bills having been considered for the first time, Ordered, To be printed on the Calendar for second consideration. ADJOURNMENT SenatorLOEPER. Mr. President, I move that the Senate do now adjourn until Monday, April 14, 1997, at 2 p.m., Eastern Daylight Saving Time. The motion was agreed to. The Senate adjourned at 12:07 p.m., Eastern Daylight Saving Time.