COMMONWEALTH OF PENNSYLVANIA LEGISLATIVE JOURNAL

Transcription

1 COMMONWEALTH OF PENNSYLVANIA LEGISLATIVE JOURNAL TUESDAY, JUNE 8,1993 SESSION OF TH OF THE GENERAL ASSEMBLY No. 35 SENATE TUESDAY, June 8, 1993 The Senate met at 2 p.m., Eastern Daylight Saving Time. The PRESIDENT (Lieutenant Mark S. Singel) in the Chair. PRAYER The Chaplain, Rabbi JEFFREY WEISBLATI, of Ohev Sholom Reform Temple, Harrisburg, offered the following prayer: Our God and God of all ages and of all people, bless our Senators of the Commonwealth of Pennsylvania with understanding, with wisdom, and with knowledge to debate openly and honestly with one another so that indeed they will be able to pass legislation for the betterment and improvement of all the citizens ofour Commonwealth. Bless them and all who are assembled here and everywhere throughout the Commonwealth and our nation with peace and justice. Amen. The PRESIDENT. The Chair thanks Rabbi Weisblatt for his patience and for his words of wisdom. Rabbi Weisblatt is the guest today of Senator Bodack and Senator Shumaker. LEGISLATIVE LEAVES Fayette, Senator Lincoln. Senator LINCOLN. Mr. President, I request temporary Capitol leaves for Senator Andrezeski, Senator Reibman, and Senator Williams. The PRESIDENT. Are there requests for leaves from the Minority? The Chair recognizes the gentleman from Delaware, Senator Loeper. Senator LOEPER. Mr. President, I request a legislative leave for today's session on behalf of Senator Brightbill. The PRESIDENT. Senator Lincoln requests temporary Capitol leaves for Senator Andrezeski, Senator Reibman, and Senator Williams. Senator Loeper requests temporary Capitol leave for Senator Brightbill. The Chair hears no objection, and those leaves will be granted. JOURNAL APPROVED The PRESIDENT. A quorum of the Senate being present, the Clerk will read the Journal of the preceding Session of June 7, The Clerk proceeded to read the Journal of the preceding Session. Senator LINCOLN. 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 LINCOLN and were as follows, viz: YEAS-48 Afflerbach Fisher Loeper Robbins Andrezeski Furno Madigan Salvatore Armstrong Greenleaf Mellow Scanlon Baker Hart Mowery Schwartz Belan Helfrick Musto Shaffer Bell Holl O'Pake Shumaker Bodack Jones Pecora Stapleton Bortner Jubelirer Peterson Stewart Brightbill LaValle Porterfield Stout Corman Lemmond Punt Tilghman Dawida Lewis Reibman Wenger Faltah Lincoln Rhoades Williams NAYS-O A majority of the Senators having voted "aye," the question was detennined in the affirmative. The PRESIDENT. The Journal is approved. LEGISLATIVE LEAVE CANCELLED The PRESIDENT. The Chair recognizes the presence on the floor ofsenator Williams, and his temporary Capitol leave will be cancelled. SPECIAL ORDER OF BUSINESS GUESTS OF SENATOR MELISSA A. HART PRESENTED TO THE SENATE The PRESIDENT. We have a number of special introductions to make. The Chair first recognizes the gentlewoman from Allegheny, Senator Hart. Senator HART. Mr. President, today I have the honor of introducing an extraordinary group of students from my alma mater, North Allegheny High School, in Allegheny County. In April, these students invited me to their class to participate in a classroom project on a topic that we are all familiar with, and that is the drafting of a bill. The students researched and

2 938 LEGISLATIVE JOURNAL - SENATE JUNE 8, wrote a piece oflegislation banning the release ofiighter-thanair balloons into the atmosphere because of the danger the balloons pose to the Commonwealth's precious wildlife, and also they presented information on the potentially dangerous problems to telephone and electric lines caused by these releases. I was so impressed with their efforts, Mr. President, that I am introducing a bill today based on their research. We often hear complaints about the apathetic nature of today's youth, and I think these North Allegheny students disprove that perception. Their genuine interest and enthusiasm prove a positive and encouraging statement about Pennsylvania's youth. I hope that we in the legislature continue to encourage hands-on learning in our public schools such as the bill drafting project these students experienced. It is my pleasure today to introduce, from North Allegheny High School, the law and justice teacher, Mr. George Fagan, and four ofhis students - Shenu Gupta, Heather Baier, Jennifer Pelly, and Lauren Diulus. Thank you, Mr. President. The PRESIDENT. Would the guests ofsenator Hart please rise so we can welcome you to the Senate of Pennsylvania. (Applause.) GUESTS OF SENATOR DAVID J. BRIGHTBILL PRESENTED TO THE SENATE Delaware, Senator Loeper. Senator LOEPER. Mr. President, on behalf ofthe gentleman from Lebanon, Senator Brightbill, I would like to introduce some guests that he has here today, Yvonne Mollica and her daughter, Grace. Yvonne is a member of Senator Brightbill's staff in his Sinking Spring district office, and Grace is in the ninth grade in the Wyomissing School District. I would ask the Senate if they would give these two individuals its usual warm welcome. The PRESIDENT. Would the guests of Senator Brightbill please rise so that we can welcome you to the Senate of Pennsylvania. (Applause.) GUEST OF SENATOR HAROLD F. MOWERY PRESENTED TO THE SENATE Cumberland, Senator Mowery. Senator MOWERY. Mr. President, I would like to introduce to the Senate a guest Page for today by the name of Marcus Hite. He is the son of Keith and Linda Hite of Duncannon. Marcus is a junior at Susquenita High School, and I would just like to welcome him officially to the Senate for today. Thank you, Mr. President. The PRESIDENT. Would the guest of Senator Mowery please rise, make yourself known. There he is, our Page. (Applause.) GUEST OF SENATOR NOAH W. WENGER PRESENTED TO THE SENATE Lancaster, Senator Wenger, for another Page introduction. Senator WENGER. Mr. President, I have a special guest here from the State of Texas, and we have on the floor as a guest Page Rebecca Hyde, all the way from Houston, Texas. We are pleased to have you here, Rebecca, and best wishes to you. The PRESIDENr. Thank you, Rebecca, and welcome to the Senate of Pennsylvania. (Applause.) The PRESIDENT. Well, it strikes the Chair that it is appropriate to move from Pages to books. ESSAY WINNERS PRESENTED TO SENATE The PRESIDENT. In the absence of Senator Mellow, who had to leave us, I have been asked to introduce the winners of an essay contest regarding the efforts put forth by the Pennsylvania Center for the Book, sponsored by Borders Book Shops in various parts of Pennsylvania. As you know, there is a commitment on the part of this government, and most notably Ellen Casey, to promote literacy, to promote reading across the State. Casey has proclaimed May "Books Change Lives Month," and has participated actively in this promotion. We have with us on the floor representatives from the Pennsylvania Center for the Book, the driving force behind the essay and poetry contest that has been held statewide, and we have some of the students who have won in those various categories. They are here today to emphasize the importance of reading. Previously they had conducted a survey of Members of the House and Senate asking them which books influenced their lives, and they are here today to demonstrate to all ofthe citizens ofthe Commonwealth how critically important it is to continue reading and to absorb and appreciate literature. With the indulgence ofthe Senate, the Chair would like to introduce first the three winners from the Lancaster area, and then I would like to call upon the appropriate Senator for remarks at that point. The first place winner in Lancaster is Miss Laura Stauffer of Lititz. She's accompanied here by her parents, Mr. and Mrs. Donald H. Stauffer. She attends school at Warwick High School, and she won her first place award for an essay on a poem "Spoon," for Sylvia Plath. Her teacher is Mrs. Sally Watkins, and her Senator is Senator Noah Wenger. In second place, Mr. Peter Rush of Lititz as well, Warwick High School, an essay on "The Stranger," by Albert Camus. His teacher is Mrs. Sally Watkins. Again, the Senator is Senator Noah Wenger. In third place, Marilyn Holloway ofpeach Bottom. Mr. and Mrs. Clifford Holloway are with us. I think they are with us, anyway. In the gallery, perhaps. Her parents are Mr. and Mrs. Holloway. Her school is Solanco High School. Her essay was

3 1993 LEGISLATIVE JOURNAL - SENATE 939 on "Little Women," by Louisa May Alcott. Her Senator is Senator Gibson Armstrong. Would the members ofthe Senate please join me in a round of applause for the winners from Lancaster. (Applause.) The PRESIDENT. And at this point, the Chair would recognize the gentleman from Lancaster, Senator Wenger, for a few comments. Senator WENGER. Mr. President, we in Lancaster County, just like all of you from your respective counties, are very proud of the accomplishments of our people. We have a very diverse county. We have people of all cultures and all backgrounds, and we are very proud of that. But I do not think there is any area in which we have more pride than in the accomplishments of our fine young people, and I think many times the accomplishments ofthe majority ofour young people are overlooked because ofperhaps the excesses that very few, a very small percent of our young people may bring us concern. But we are here today to honor those who have brought pride to themselves, to their families, to their school, and to their community, and I am sure that their teachers are very proud of their accomplishments as well. There is a concern that our educational system is graduating persons who cannot read and cannot function, so I am certainly pleased to see this emphasis being made today for those who not only have been reading but have been writing and expressing their thoughts in writing, which is one of the things that certainly is very important in life today. So, I am pleased to join with all of you in honoring all of the persons who are being recognized here today, and what I would like to do, Mr. President, is to read, at least in part, the congratulatory citation that I had prepared for those winners from my senatorial district. (Reading.) Whereas, the Commonwealth of Pennsylvania is always proud to recognize its yolulg people who, through outstanding achievement, bring great distinction to themselves, their community and this State; and Whereas, Laura StautTer is being honored as a frrst place winner in the Pennsylvania Center for the Book's annual essay and poetry writing contest; and Whereas, The Pelillsylvania Center for the Book is an organization which fosters a greater awareness and appreciation ofbooks and reading by celebrating the rich diversity of cultures and literary heritages in the Commonwealth. This year's annual writing competition theme is Books Change Lives; and Whereas, A student at Warwick High School, LalU"a has distinguished herself as an aspiring and talented young writer whose award-winning essay was a poem about Sylvia Plath, entitled, Spoons. Now therefore, the Senate ofthe Commonwealth ofpennsylvania heartily applauds Laura StautTer on her ricwy deserved recognition in the Pel1l1Sylvania Center for the Book essay and poetry contest; highly commends her exceptional ability, creativity and dedicated plu"suit of literary excellence; otters sincere best wishes for continued success in the years to come; And directs that a copy of tins document, sponsored by Senator Noah W. Wenger, be transmitted to LalU"a StautTer. which I am pleased to do today. In addition, I had a second place winner, Mr. Peter Rush, also from the Warwick School District. I am not sure that Peter is here today, but, Mr. President, at the appropriate time, I would like to present these citations to them. You may wish to do that at the end ofthe ceremony, or whatever your wishes are. The PRESIDENT. With the gentleman's acquiescence, we will present all the citations immediately after all of the presentations. Senator WENGER Thank you, Mr. President. The PRESIDENT. And the Chair thanks the Senator. The Chair would recognize the other Senator from Lancaster County, Senator Armstrong. Senator ARMSTRONG. Mr. President, I, too, would like to recognize an outstanding student from southern Lancaster County, from Solanco School District, Marilyn Holloway. She is our third-place winner. I will not reiterate everything in the citation that the gentleman from Lancaster, Senator Wenger, presented, but I want to congratulate her on a job well done. The selection she had for her book was "Little Women." Although I never read the book, I know that reading does change the way people think and it is a very good foundation for our education. It is a basis for our educational system, and I congratulate her on a job well done. The PRESIDENT. The next group ofawardees come from the Philadelphia area, and the Chair is delighted to recognize the gentlewoman from Philadelphia, Senator Schwartz, who has the honor of making the introduction. Senator SCHWARTZ. Mr. President, we were just chatting here about whether or not we might want to suggest some reading for the other side of the aisle. It actually might be a way for us to do a little more nonpartisan legislation around here, but with that, I am very pleased and honored that all three of the winners from Philadelphia are from the Fourth Senatorial District, and I can say that without having had any influence on the selection at all. But I am very pleased to introduce to my colleagues all three winners from Philadelphia. In first place is Anna Bortnick, who is the daughter ofkarl and Annie Bortnick. She wrote a poem called "Dr. Seuss is a Kick," and I think. all ofus probably agree with that. And I do know her dad, so I would like them to stand up as well in a special recognition to Anna and her parents, Karl and Annie Bortnick. (Applause.) Senator SCHWARTZ. Congratulations, Anna. In second place is Amanda Tatro, who is the daughter of Margaret and James Tatro, almost a neighbor of mine, and Amanda wrote an essay called "The Importance of Little House Books." Both Amanda and Anna, I should mention, are students at Philadelphia Girls High, a public school in Philadelphia, and I should mention that my mother was a graduate of Philadelphia Girls High, so I am very pleased that both of them are here. So would you give a round ofapplause for the second-place winner, Amanda Tatro. And her parents, by all means, should stand as well. (Applause.)

4 940 LEGISLATIVE JOURNAL - SENATE JUNE 8, Senator SCHWARTZ. Mr. President, and last, but certainly not least, is the third-place winner, who is Daniel Rosen, son of Alan and Jacqueline Rosen, who wrote an essay on, I suppose a more senior subject here, Stephen King, and he is from Northeast High School. So would you all please congratulate the third-place winner, Daniel Rosen, and ifhis parents are in the gallery, for them to stand as well. (Applause.) Senator SCHWARTZ. I should tell you, Mr. President, that all three, each of them have a citation from the Senate similar to the one read by the gentleman from Lancaster, Senator Wenger, and they will be presented with these citations aftetwards. I offer my words of congratulations, and keep up reading. It is something that we hope you do not end with school but enjoy as well. Congratulations. The PRESIDENT. The third group ofwinners comes from the Pittsburgh area competition and, by coincidence, as luck would have it, two of the three come from the senatorial district ofthe gentleman from Blair, Senator Robert Jubelirer. The first-place winner is Beverlee Lynn Hartnett of Duncansville. Her parents are Mr. And Mrs. Frances Hartnett, and her school is Hollidaysburg Area Senior High School. She has written an essay on author Shel Silverstein. Her teacher is Susan Gonzales, and again, her Senator is Senator Robert Jubelirer. The second-place winner is Calyta Louise Hill. Her mother is Mrs. Mary Ellen Hill. Her school is Winchester-Thurston, and her essay is on "For Colored Girls Who Have Considered Suicide When the Rainbow Isn't Enuf." Her Senator is the gentleman from Allegheny, Senator Michael Dawida. The third-place winner is Nicki Brenneman of Hollidaysburg. Mr. And Mrs. Charles Brenneman are her parents, and her school is Hollidaysburg Area Senior High. She wrote an essay on "Pride and Prejudice," by Jane Austen. Her teacher, again, is Susan Gonzalez. Her Senator is the gentleman from Blair, Senator Robert Jubelirer. The Chair is pleased to recognize first the gentleman from Blair, Senator Jubelirer, for his comments. Senator JUBELIRER. Mr. President, I am indeed honored to recognize the two fine young people from my district, as well as congratulate all the other winners from across the Commonwealth who have done so remarkably well and distinguished themselves, their families, their friends, and their communities, as well as their schools, for the tremendous effort and for the recognition and for the exceptional ability, creativity, and dedicated pursuit of literary excellence that all ofthese people have achieved. In the case of the western Pennsylvania winners, I am privileged to have the first- and third-place winners, as you have correctly announced. Beverlee Lynn Hartnett had an award-winning essay on Shel Silverstein, a celebrated author of children's books, and Beverlee resides in Duncansville, Pennsylvania. The third-place winner is Nicki Brenneman, and her award-winning essay was on "Pride and Prejudice," by Jane Austin, and she resides in the county seat of Hollidaysburg, Pennsylvania. Unfortunately, or fortunately, as the case may be, these two young people are not with us today, they are on their class trip. I suppose it was a difficult decision for them to make. They would have been here at the originally scheduled time ifwe had held it at that time, but I want to take the opportunity to congratulate Beverlee Lynn and Nicki for their outstanding ability and for distinguishing our area with the accomplishments that they have portrayed in the Books Change Lives contest. Thank you, Mr. President, and these citations will be delivered to them through Faye Glick, who is their sponsor and who will deliver the citations to them. The PRESIDENT. The Chair thanks the gentleman and would introduce the gentleman from Allegheny County, Senator Dawida, for his comments. Senator DAWIDA. Mr. President, I would like to note that Calyta Louise Hill is shared by the gentleman from Allegheny, Senator Bodack, and I. She goes to school in my district and lives in his district. I would just remind everyone ofa saying ofabigail Adams, when she wrote to Johns Adams at the Constitutional Convention, she said, "When in the course of making these new laws, please remember the ladies." Well, it has taken us a few hundred years, but you can see that the talent is clearly lopsided in favor of the ladies, and I am proud that Calyta Louise Hill is one of those very talented ladies, young women who have shown that the brains and effort that they put into academics is going to put them on top ofthe human scale. We are going to be better as a community because of people like Calyta and her friends here who have won, and I congratulate her and all the others for doing this very fine work, and wish them good luck in their futures. The PRESIDENT. These projects are not easyundertakings, and the Chair would point out that the mentor, the driving force behind the Books Change Lives movement is a young lady by the name offaye Glick, and the Chair would call upon her at this point for some closing comments. Ms. GLICK. I was not quite prepared to do this, but I thought that since so many of you have probably struggled through "The Cat in the Hat," I was going to read to you one of our winning essays. (Reading.) It began with a pup A long day ago, "A pup in a cup" as all Seuss fans know. From there I read on to hopping on pop And I was so fond of it, I could not stop! Dr. Seuss and his books taught me how to read, how to rhyme, Dr. Seuss is a Kick! by Anna Bortnick

5 1993 LEGISLATIVE JOURNAL - SENATE 941 how to dream, and bide my time. With a great book I lived in the land of Gobbleygook, With Poozers and Wubbles and many great troubles, I reached the banks of the River Wah-Hoo That took me as far as Solla Sollew! The Cat in the Hat made my rainy day, Foo-Foo the Snoo...what more can I say? I devoured the tales in the blink of an eye always held in suspense "till the end-when I'd cry: "Dr. Seuss is a genius-that is no lie!" Then one day, I read no more I had become "much too mature." I retired my pals to the shelves. I no longer associated with little elves. The Grinch was replaced by a man named Shakespeare The Cat in the Hat had the same fate, I fear Dr. Sam Snell and Horace P. Sweet just could not compete with the royal King Lear. Until that fme day when I desired For light-hearted whooping and Solla Sollewing I turned to Seuss and I felt inspired. Just a bit older and just a bit wiser they seemed different-these books by Ted Geisel You need courage and confidence in a bang-up or hang-up Hope for the future in a bump or a slump Leaders don't quit or become suckers They know just the thing to be quick-picker-uppers! So with my "head full of brains" and my "shoes full of feet" I know not to go down any "not-so-good street" and "Oh, the Places I'll Gol" are wonderful, magical, places you know. With a book in my pocket and Dr. Seuss' cleverness I will march to the top of Mount Everest Climbing with "care and great tact" Knowing that "Life's a Great Balancing Act" Today is my day! My mountain is waiting. So---I'lI be on my way! Thank you so much for sharing with these young people your interest and your caring for reading, and we hope they will continue and become good citizens. Thank you. (Applause.) The PRESIDENT. The Senate wants to congratulate Ms. Glick and all of her students for a job well done. The Chair would suggest to the Members in whose district the winners are that they can now proceed to the rear of the Chamber where photographs will be taken outside in the anteroom. We will continue on with our business at this point. The Chair wants to thank everybody for their patience and indulgence and attention. GUEST OF SENATOR MICHAEL E. BORTNER PRESENTED TO THE SENATE The PRESIDENT. Senator Bortner has an introduction. The Chair recognizes the gentleman from YorIc, Senator Bortner. Senator BORlNER Mr. President, I am pleased to introduce Matthew Jackson from Hanover, Pennsylvania, in my district. Matt will be a senior at Washington and Lee University. He is a summer intern in my district office and has been with me today accompanying me on my duties around the Senate and is in the gallery at this moment. I would ask that the Senate give him its usual warm welcome. The PRESIDENT. Would the guest of Senator Bortner please rise so that we can welcome you to the Chamber ofthe Senate of Pennsylvania. (Applause.) COMMUNICATIONS FROM THE GOVERNOR APPROVAL OF SENATE BllL The PRESIDENT laid before the Senate a communication in writing from His Excellency, the of the Commonwealth, advising that the following Senate Bill had been approved and signed by the : SB 507. RECALL COMMUNICATIONS LAID ON THE TABLE The PRESIDENT laid before the Senate the following communications in writing from His Excellency, the of the Commonwealth, which were read as follows and laid on the table: MEMBER OF THE COMMONWEALTH OF PENNSYLVANIA COUNCIL ON THE ARTS June 8, 1993 In accordance with the power and authority vested in me as of the Commonwealth, I do hereby recall my nomination dated March 10, 1993 for the appointment ofedna S. Tuttleman., 375 North HigWand Avenue, Merion Station 19066, Montgomery County, Seventeenth Senatorial District, as a member of the Commonwealth of Pennsylvania Council on the Arts, to serve until July 1, 1993 and until her successor is appointed and qualified, vice Flora L. Becker, Philadelphia, whose term expired. I respectfully request the return to me ofthe official message of nomination on the premises. MEMBER OF THE BOARD OF TRUSTEES OF DANVILLE STATE HOSPITAL June 8, 1993

6 942 LEGISLATIVE JOURNAL - SENATE JUNE 8, In accordance with the power and authority vested in me as of the Commonwealth, I do hereby recall my nomination dated March 23, 1993 for the appointment of Charles D. Waldrop, M.D., 7 Delwood Drive, Danville 17821, Montour County, Twentyseventh Senatorial District, as a member of the Board of Trustees of Danville State Hospital, to serve until the third Tuesday of January 1999, and until his successor is appointed and qualified, vice Norwood Fleck, Danville, whose term expired. I respectfully request the return to me of the official message of nomination on the premises. MEMBER OF TIlE HEALTH POLICY BOARD June 8, 1993 In accordance with the power and authority vested in me as of the Commonwealth, 1 do hereby recall my nomination dated March 18, 1993 for the appointment of Mary Del Brady, 153 Yellowstone Drive, Pittsburgh 15235, Allegheny County, Forty-third Senatorial District, as a member of the Health Policy Board, to serve for a term of three years and until her successor is appointed and qualified, pursuant to Act 179, approved December 18, I respectfully request the return to me of the official message of nomination on the premises. MEMBER OF THE HEALTH POLICY BOARD June 8, 1993 In accordance with the power and authority vested in me as of the Commonwealth, I do hereby recall my nomination dated March 18, 1993 for the appointment of Jeffrey P. Lindtner, CIGNA Corporation, 1600 Arch Street, Philadelphia 19103, Philadelphia County, First Senatorial District, as a member of the Health Policy Boarc:L to scrve for a tcrm of one year and until his successor is appointed and qualified, pursuant to Act 179, approved December 18, I respectfully request the return to mc of the official message of nomination on the premises. HOUSE MESSAGES HOUSE CONCURS IN SENATE BII,LS The Clerk of the House of Representatives returned to the Senate SB 474 and SB 688, with the information the House has passed the same without amendments. HOUSE CONCURS IN SENATE AMENDMENTS TO HOUSE BILLS the Senate to HB 65 and DB 853. SENATE BILL RETURNED WITH AMENDMENTS The Clerk of the House of Representatives returned to the Senate SB 692, with the information the House has passed the same with amendments in which the concurrence ofthe Senate is requested. The PRESIDENT. Pursuant to Senate Rule XV, Section 5, this bill will be referred to the Committee on Rules and Executive Nominations. HOUSE CONCURS IN SENATE CONCURRENT RESOLUTION The Clerk of the House of Representatives infonned the Senate that the House has concurred in resolution from the Senate, entitled: Weekly adjournment. HOUSE BILLS FOR CONCURRENCE The Clerk ofthe House of Representatives presented to the Senate the following bills for concurrence, which were referred to the committees indicated: June 8, 1993 HB Committee on Urban Affairs and Housing. HB Committee on Veterans Affairs and Emergency Preparedness. HB Committee on Community and Economic Development. HB Committee on Education. GENERAL COMMUNICATION REPORT TO THE GOVERNOR AND THE GENERAL ASSEMBLY ON THE WIRETAPPING AND ELECTRONIC SURVEILLANCE CONTROL ACT The PRESIDENT laid before the Senate the following communication, which was read by the Clerk as follows: SUPREME COURT OF PENNSYLVANIA Suite 500, The Widener Building One South Penn Square Philadelphia, PA Mr. Mark R. Corrigan Secretary of the Senate 462 Main Capitol Harrisburg, Pennsylvania Dear Mr. Corrigan: June 3, 1993 In accordance with Section 5723(d) of the Wiretapping and Electronic Surveillance Control Act, 18 Pa.C.S. Section 5723(d), I forward herewith the required Annual report. The Clerk of the House of Representatives informed the Senate that the House has concurred in amendments made by

7 1993 LEGISLATIVE JOURNAL - SENATE 943 With kindest regards, I remain Sincerely yours, ROBERT N.C. NIX, JR. Chief Justice of Pennsylvania The PRESIDENT. This report will be filed in the Library. BILLS SIGNED The PRESIDENT (Lieutenant Mark S. Singel) in the presence of the Senate signed the following bills: SB 474, SB 688, DB 65 and DB 853. APPOINTMENT BY PRESIDENT PRO TEMPORE The PRESIDENT. The Chair wishes to announce the President pro tempore has made the following appointment: Senator Vincent 1. Furno to complete the term of the late Francis 1. Lynch on the board of the Pennsylvania Higher Education Assistance Agency. SPECIAL ORDER OF BUSINESS GUESTS OF SENATOR GERALD J. LaVALLE PRESENTED TO THE SENATE The PRESIDENT. The Chair is advised that we have several important guests in the gallery. Senator LaValle, who could not be with us at this moment on the floor, has asked me to introduce in the gallery Teresa Antoniazzi, Judy Enslen, the Chief of Courts for Beaver County, and Dorothy Tronzo. Would you please rise so we can welcome you and thank you for coming to the Senate of Pennsylvania. (Applause.) SPECIAL ORDER OF BUSINESS ANNOUNCEMENT BY THE SECRETARY The SECRETARY. Consent has been given for the Committee on Rules and Executive Nominations to meet during today's Session to consider certain nominations. REPORTS FROM COMMITTEES Senator LEWIS, from the Committee on Judiciary, reported the following bills: SB 340 (Pr. No. 1436) (Amended) A Joint Resolution proposing amendments to the Constitution of the Commonwealth of Pennsylvania, changing and adding provisions relating to the selection of justices and judges. SB 661 (Pr. No. 705) An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, further providing for exceptions to the interception and disclosure of communications by inmates of correctional institutions. DB 838 (pr. No. 901) An Act amending Title 20 (Decedents, Estates and Fiduciaries) of the Pennsylvania Consolidated Statutes, further providing for dispositions independent of letters. Senator SCANLON, from the Committee on Banking and Insurance, reported the following bill: SB 1103 (pr. No. 1259) An Act mandating health insurance coverage of annual gynecological examinations and routine pap smears; and making repeals. Senator DAWIDA, from the Committee on Finance, reported the following bill: SB 1190 (Pr. No. 1433) (Amended) An Act amending the act of March 4, 1971 (p. L. 6, No.2), entitled "Tax Reform Code of 1971," further defining "taxable income"; reducing the rate of corporate net income tax; further defining "average net income" for capital stock and franchise tax computations; including electric utilities on the increased gross receipts tax and additional surtax; and further providing for the taxation of title insurance companies under Article IX. Senator STEWART, from the Committee on Community and Economic Development, reported the following bills: SB 1126 (pr. No. 1434) (Amended) An Act amending the act of August 23, 1967 (p. L. 251, No. 102), entitled, as amended, "Industrial and Commercial Development Authority Law," further providing for definitions, for applicable elected representatives, for purposes and powers, for powers of the fmancing authority, for financing authority indebtedness, for financing authority loans, for industrial and commercial development authorities, for bonds and for competition in award of contracts. DB 353 (Pr. No. 1624) An Act providing for the payment of interest on purchases by political subdivisions. Senator LaVALLE, from the Committee on Veterans Affairs and Emergency Preparedness, reported the following bills: SB 519 (Pr. No. 556) An Act amending the act of June 2, 1915 (p. L. 736, No. 338), entitled, as reenacted and amended, "The Pennsylvania Workmen's Compensation Act," further defining "occupational disease"; and providing for cancer in the occupation of firefighter. SB 1018 (Pr. No. 1124) An Act amending the act of July 13, 1987 (P. L. 348, No. 67), entitled "Vietnam Veterans Health Initiative Act," extending the expiration date. DB 163 (pr. No. 2044) (Amended) An Act amending Title 51 (Military Affairs) ofthe Pennsylvania Consolidated Statutes, fwther providing for the State Veterans' Commission.

8 944 LEGISLATIVE JOURNAL - SENATE JUNE 8, Senator STAPLETON, from the Committee on Agriculture and Rural Affairs, reported the following bills: SB 1046 (Pr. No. 1437) (Amended) An Act amending the act of JWle 22, 1931 (P. L. 682, No. 249), entitled, as amended, "Diseased Animal Condemnation Law," further defining "domestic animal" or "animal"; defming "herd or flock of animals" and "wild or semiwild animal"; and further providing for compensation of owners of domestic animals. SB 1047 (Pr. No. 1438) (Amended) An Act amending the act of July 22, 1913 (P. L. 928, No. 441), entitled "Domestic Animal Disease Suppression Law," further defming "domestic animal." SB 1193 (Pr. No. 1412) An Act amending the act of JWle 30, 1981 (P. L. 128, No. 43), entitled "Agricultural Area Security Law," defming "eligible COWlties"; further providing for allocation of State moneys, for average realty transfer tax revenues and for weighted transfer tax revenues. HB 695 (Pr. No. 759) An Act amending the act of May 5, 1921 (P.L.389, No.1 87), entitled "An act to regulate and control the manufacture, sale, offering for sale, giving away, and use ofweights and measures and ofweighing and measuring devices in the Commonwealth of Pennsylvania; providing for the approval and disapproval ofsuch weights, measures, and devices by the Bureau ofstandards; and prescribing penalties," defming certain terms; further providing for the approval of weights, measures and devices; increasing penalties; and making editorial changes. HB 696 (Pr. No. 1171).An Act amending the act of May 11, 1949 (P.L.1116, No.330), entitled, as amended, "An act to regulate deliveries of light fuel oil to domestic consumers; conferring powers and imposing duties on the Department of Justice and the inspectors of weights and measures of the several cowlties and cities; and prescribing penalties," transferring the powers and duties of the Department of Justice to the Department of Agriculture; specifying information to be included on delivery tickets furnished to consumers; and further providing for penalties. HB 697 (Pr. No. 761) An Act providing for the licensing of public weighmasters and defming their powers and duties; regulating the sale and delivery of solid fuel and other commodities sold or priced by weight; providing for certain powers and duties of the Department of Agriculture; imposing penalties; and making repeals. HB 698 (Pr. No. 762) An Act amending the act of December 1, 1965 (P.L.988, No.368), known as the Weights and Measures Act of 1965, further providing for the types of weights and measures governed by the act; authorizing the regulation ofpersons engaged in selling, installing and repairing commercial weighing and measuring devices; and further providing for certain standards, for testing and for the sale and packaging of certain commodities. DB 699 (Pr. No. 763) An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, further providing for Commonwealth portion of fmes, etc. DB 1011 (Pr. No. 1712) An Act amending the act of April 7, 1982 (P.L.228, No.74), known as the Noxious Weed Control Law, further providing for the authority of the Noxious Weed Control Committee and for the imposition of a noxious weed control order against an individual property owner; and deleting a weed from the noxious weed control list. RECESS The PRESIDENT. The Chairrecognizes the gentleman from Fayette, Senator Lincoln. Senator LINCOLN. Mr. President, at this time, after allowing the Republican Leader the opportunity to make some requests or whatever, I would request a recess of the Senate for the purpose of a Committee on Rules and Executive Nominations meeting to be held immediately in the Rules Committee room at the rear of the Chamber, and following that, there is no need for the Democrats to caucus, and I would hope that we would be able to begin Session by 3:45 to 4 o'clock, at the absolute latest, contingent upon the need for a Republican caucus and the length of that caucus. Blair, Senator Jubelirer. Senator JUBELIRER. Mr. President, I would ask that all Members ofthe Republican Caucus report to the second floor caucus room to the rear of the Senate Chamber immediately upon recess of the meeting of the Committee on Rules and Executive Nominations, and I assure the Majority Leader, we like short caucuses and hopefully we will be able to meet his expectations, without promising anything. We will make every effort to be back as quickly as possible. The PRESIDENT. For purposes of a meeting of the Committee on Rules and Executive Nominations, to be followed immediately by a Republican caucus, with the expectation of returning to the floor in the next 45 minutes to an hour, with those parameters, the Senate will be in recess. AFTER RECESS The PRESIDENT. The time of recess having expired, the Senate will come to order. LEGISLATIVE LEAVES Fayette, Senator Lincoln. Senator LINCOLN. Mr. President, I request temporary Capitol leaves for Senator Jones, Senator Mellow, Senator Musto, and Senator Stapleton. The PRESIDENT. Senator Lincoln requests temporary Capitol leaves for Senator Jones, Senator Mellow, Senator Musto, and Senator Stapleton. The Chair hears no objection, and those leaves will be granted.

9 1993 LEGISLATIVE JOURNAL - SENATE 945 CALENDAR FINAL PASSAGE CALENDAR BILLS OVER IN ORDER HB 461 and SB Without objection, the bills were passed over in their order at the request of Senator LINCOLN. TIDRD CONSIDERATION CALENDAR BILL REREPORTED FROM COMMITTEE AS AMENDED OVER IN ORDER SB Without objection, the bill was passed over in its order at the request of Senator LINCOLN. BILL REREPORTED FROM COMMITTEE AS AMENDED OVER IN ORDER TEMPORARILY SB Without objection, the bill was passed over in its order temporarily at the request of Senator LINCOLN. LEGISLATIVE LEAVES CANCELLED The PRESIDENT. The Chair recognizes the presence on the floor of Senator Reibman. Her temporary Capitol leave will be cancelled. Also, Senator Andrezeski is with us. His temporary Capitol leave will be cancelled as well. THIRD CONSIDERATION CALENDAR RESUMED BILL ON THIRD CONSIDERAnON AMENDED AND OVER IN ORDER HB 3 (Pr. No. 1921) - The Senate proceeded to consideration of the bill, entitled: An Act amending Titles 18 (Crimes and Offenses) and 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes, providing for the crinle of stalking and for penalties; and further providing for protective orders and warrantless arrests relative to victinl and witness intinlidation and for relief relative to protection from abuse. Will the Senate agree to the bill on third consideration? Senator SALVATORE, on behalf of Senator FUMO, Senator LOEPER, and himself, by unanimous consent, offered the following amendment No. A2558: Amend Title, page I, line 3, by striking out "and for penalties" and inserting:, for penalties and for robbery of motor vehicle Amend Sec. 1, page 1, line 9, by striking out "Sections 2709 and 4954" and inserting: Section 2709 Amend Sec. I, page 1, line 10, by striking out "are" and inserting: is Amend Bill, page 3. by inserting after line 30: Section 2. Title 18 is mnended by adding a section to read: Robbery of motor vehicle. (a) Offense delincd.-a person commits a felony of the first degree ifhe steals or takes a motor vehicle from another person in the presence of that person or any other person in lawful possession of the motor vehicle. (b) Sentencing.-The Pennsylvania Commission on Sentencing. pursuant to 42 Pa.C.S (relating to adoption ofguidelines for sentencing). shall provide for a sentencing enhancement for anoffense under this section. Section 3. Section 4954 of Title 18 is amended to read: Amend Sec. 2, page 4, line 21, by striking out "2" and inserting: 4 Amend Sec. 2 (Sec ), page 4, line 23, by striking out ''this section" and inserting: section 4954 (relating to pj'fjtective orders) Amend Sec. 3, page 4, line 29, by striking out "3" and inserting: 5 Amend Sec. 3 (Sec. 4955), page 6, line 2, by striking out "protection" and inserting: protective Amend Sec. 4, page 6, line 10, by striking out "4" and inserting: 6 Amend Sec. 5, page 6, line 23, by striking out "S" and inserting: 7 Will the Senate agree to the amendment? Philadelphia, Senator Salvatore. Senator SALVATORE. Mr. President, this amendment is being offered on behalf of the gentleman from Philadelphia, Senator Furno; the gentleman from Delaware, Senator Loeper; and myself. This amendment, I think, is agreed to. This bill is a very important piece oflegislation. It deals with stalking, and I think we passed the stalking bill, of which I was the prime sponsor, Senate Bill No. 1561, 50 to O. We also passed a carjacking bill, which was vetoed by the last year because it had mandatory sentencing, and this amendment deals with catjacking. I think it is a very important issue, and the amendment also has some corrective language to House Bill No.3. Thank you, Mr. President. And the question recurring, Will the Senate agree to the amendment? It was agreed to. The PRESIDENT. Without objection, House Bill No.3, as amended, will go over in its order. BILL ON THIRD CONSIDERAnON AND FINAL PASSAGE HB 110 (pr. No. 1839) -- The Senate proceeded to consideration of the bill, entitled: An Act requiring certain contracts to be written inplain language; and providing remedies and penalties. Considered the third time and agreed to, And the amendments made thereto having been printed as required by the Constitution, Shall the bill pass finally? The yeas and nays were taken agreeably to the provisions of the Constitution and were as follows, viz:

10 946 LEGISLATIVE JOURNAL - SENATE JUNE 8, YEAS-47 Aftlerbach Furno Madigan Salvatore Andrezeski Greenleaf Mellow Scanlon Annstrong Hart Mowery Schwartz Baker Helfrick Musto ShatTer Belan Holl O'Pake Shumaker Bell Jones Pecora Stapleton Bodack Jubelirer Peterson Stewart Bortner LaValle Porterfield Stout Brightbill Lemmond Punt Tilghman Corman Lewis Reibman Wenger Dawida Lincoln Rhoades Williams Fattah Loeper Robbins Fisher NAYS-I A constitutional majority of all the Senators having voted "aye," the question was detennined in the affinnative. 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. BILLS OVER IN ORDER DB 213, SB 314, SB 601, SB 625, SB 653, SB 683, SO 684 and SB Without objection, the bills were passed over in their order at the request of Senator LINCOLN. LEGISLATIVE LEAVE Fayette, Senator Lincoln. Senator LINCOLN. Mr. President, Senator Lewis has been called to his office and I request a temporal)' Capitol leave. The PRESIDENT. Senator Lincoln requests a temporal)' Capitol leave for Senator Lewis. The Chair hears no objection. The leave will be granted. THIRD CONSIDERATION CALENDAR RESUMED BILL ON THIRD CONSIDERAnON AND FINAL PASSAGE DB 718 (Pr. No. 2035) - The Senate proceeded to consideration of the bill, entitled: An Act amending Title 34 (Game) of the Pennsylvania Consolidated Statutes, providing for complimentary nonresident licenses; and further providing for restrictions on recreational spotlighting, for permit fees and for disabled person pennits. Considered the third time and agreed to, And the amendments made thereto having been printed as required by the Constitution, Shall the bill pass finally? The yeas and nays were taken agreeably to the provisions of the Constitution and were as follows, viz: YEAS-48 Afflerbach Fisher Loeper Robbins Andrezeski Furno Madigan Salvatore Armstrong Greenleaf Mellow Scanlon Baker Hart Mowery Schwartz BeJan Helfrick Musto Shaffer Bell Holl O'Pake Shumaker Bodack Jones Pecora Stapleton Bortner Jubelirer Peterson Stewart Brightbill LaValle Porterfield Stout Corman Lemmond Punt Tilghman Dawida Lewis Reibman Wenger Fattah Lincoln Rhoades Williams NAYS-O A constitutional majority of all the Senators having voted "aye," the question was detennined in the affinnative. 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. BILLS OVER IN ORDER SB 839, SB 845 and SB Without objection, the bills were passed over in their order at the request of Senator LIN COLN. BILL ON THIRD CONSIDERATION AND FINAL PASSAGE lib 887 (Pr. No. 966) - The Senate proceeded to consideration of the bill, entitled: An Act amending Title 34 (Game) of the Pennsylvania Consolidated Statutes, further providing for the qualifications for and the issuance of jtmior hooting or furtaker licenses. Considered the third time and agreed to, Shall the bill pass finally? The yeas and nays were taken agreeably to the provisions of the Constitution and were as follows, viz: YEAS-48 Afflerbach Fisher Loeper Robbins Andrezeski Furno Madigan Salvatore Armstrong Greenleaf Mellow Scanlon Baker Hart Mowery Schwartz BeJan Helfrick Musto Shaffer Bell Holl O'Pake Shumaker Bodack Jones Pecora Stapleton Bortner Jubelirer Peterson Stewart Brightbill lavalle Porterfield Stout Corman Lemmond Punt Tilghman Dawida Lewis Reibman Wenger Fattah Lincoln Rhoades Williams NAYS-O A constitutional majority of all the Senators having voted "aye," the question was detennined in the affirmative.

11 1993 LEGISLATIVE JOURNAL - SENATE 947 Ordered, That the SecretaI)' of the Senate return said bill to the House of Representatives with information that the Senate has passed the same without amendments. BILLS OVER IN ORDER SB 955 and SO Without objection, the bills were passed over in their order at the request of Senator LINCOLN. BILL ON THIRD CONSIDERATION AND FINAL PASSAGE SB 1015 (Pr. No. 1241) -- 'The Senate proceeded to consideration of the bill, entitled: An Act amending Title 12 (Commerce and Trade) of the Pennsylvania Consolidated Statutes, adding provisions relating to fraudulent transfers; and making repeals. Considered the third time and agreed to, And the amendments made thereto having been printed as required by the Constitution, Shall the bill pass finally? The yeas and nays were taken agreeably to the provisions of the Constitution and were as follows, viz: Afflerbacb Andrezeski Annstrong Baker Belan Bell Bodack Bortner Brightbill Corman Dawida Fattab Fisher Fumo Greenleaf Hart Helfrick Holl Jones Jubelirer lavalle Lemmond Lewis Lincoln YEAS-48 Loeper Madigan Mellow Mowery Musto O'Pake Pecora Peterson Porterfield Punt Reibman Rhoades NAYS-O Robbins Salvatore Scanlon Schwartz Shaffer Shumaker Stapleton Stewart Stout Tilghman Wenger Williams A constitutional majority of all the Senators having voted "aye," the question was determined in the affirmative. Ordered, That the SecretaI)' of the Senate present said bill to the House of Representatives for concurrence. BILL ON THIRD CONSIDERATION AMENDED AND OVER IN ORDER SB 1016 (Pr. No. 1242) - The Senate proceeded to consideration of the bill, entitled: An Act amending the act of April 9, 1929 (P. L. 177, No. 175), entitled "lbe Administrative Code of 1929," further providing for the review of fmancial solvency of insurers. Will the Senate agree to the bill on third consideration? Senator FUMO, by unanimous consent, offered the following amendment No. A2578: Amend Title, page 1, line 20, by inserting after "determined,'''': providing for fees paid by health care providers; and Amend Bill, page 1, by inserting between lines 23 and 24: Section 1. The act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929, is amended by adding a section to read: Section 610-A.1. Fees Paid by Health Care Providers.-(a) The administration of the portions of the act of October (P.L.390, No. 11 I), known as the "Health Care Services Ma1mactice Act," which relate to the Arbitration Panels for Health Care sball be ftmded from annual fees charged to health care providers practicing in this Commonwealth and payable in an amount determined by the agency in the manner provided for in this section. (b) The fees authorized by this section sball be based on the cost incurred by the Arbitration Panels for Health Care inconciliating and settling claims. Unless otherwise directed by the administrator, the fees shall be computed and collected in the same manner as the surcharge levied under section 701 of the "Health Care Services Malpractice Act." (c) Annual fees collected under this section sball be deposited into a restricted account in the General Fund. All moneys placed in said restricted account are appropriated with the approval of the General Assembly to the Arbitration Panels for Health Care for the purpose of implementing the "Health Care Services Malpractice Act." Moneys collected prior to the effective date of this amendatory act and remaining in any restricted account established by the Arbitration Panels for Health Care under the "Health Care Services Malpractice Act" may also be used to pay expenses of the agency. Amend Sec. 1, page I, line 24, by striking out "I" and inserting: 2 Amend Sec. I, page I, lines 25 and 26, by striking out "ofapril 9, 1929 (P.L.l77, No.l75), known as The Administrative Code of 1929" Amend Sec. 2, page 3, line 19, by striking out all of said line and inserting Section 3. This act shall take effect as follows: (1) The addition of section 610-A.l of the act sball take effect in 60 days. (2) The amendment of section 612-A of the act and this section shall take effect immediately. Will the Senate agree to the amendment? Montgomery, Senator Tilghman. Sr,nator TILGHMAN. Mr. President, the gentleman from Philadelphia, Senator Furno, gave me a copy ofthe amendment before we went to caucus, and we were talking about it in caucus, and as I understand it, the fees to be raised to place in this fund would amount to the sum of money that had previously been in the budget, somewhere in the neighborhood of $480,000 to fund this, whatever it is, I cannot figure it out. Anyway, $480,000 used to be in the budget. It was taken out this year. Therefore, their fees are being instituted to the dollar value of $480,000, and several of us in our Caucus felt that this was an increase in medical costs, although it is tiny and I admit it is a tiny increase in the total costs in Pennsylvania, but it is an increase in costs that was not necessary, as it could have been left in the budget, some $480,000. And for that reason, I would ask for a "no" vote on this amendment.

12 948 LEGISLATIVE JOURNAL - SENATE JUNE 8, Philadelphia, Senator Furno. Senator PUMO. Mr. President, that is correct. This money waspreviously paid for by the taxpayers ofthe Commonwealth of Pennsylvania. We felt philosophically it was better to be paid for by the people receiving the direct benefit. These are basically health care arbitration panels that handle medical malpractice allegations against physicians. The setting up of these panels provides for lessening the cost of litigation and lessening the cost of claims and probably saves the medical profession tens of millions of dollars a year. The cost of physicians for this is a mere $25 per year. We do not think it is proper for taxpayers to have to pay the cost for the doctors who are being sued, and we think, if anything, this is not only fair but certainly very productive and, if anything, the entire program lowers health care costs to everyone in Pennsylvania. I would urge an affirmative vote on the amendment, Mr. President. Thank you. LEGISLATIVE LEAVE Fayette, Senator Lincoln. Senator LINCOLN. Mr. President, I request a temporary Capitol leave for Senator Dawida, who has been called to his office. The PRESIDENT. Senator Lincoln requests a temporary Capitol leave for Senator Dawida. The Chair hears no objection. That leave will be granted. And the question recurring, Will the Senate agree to the amendment? The yeas and nays were required by Senator PUMO and were as follows, viz: YEAS-24 Afflerbach Furno Musto Schwartz Andrezeski Jones O'Pake Stapleton Belan lavalle Pecora Stewart Bodack Lewis Porterfield Stout Bortner Uncoln Reibman Williams Dawida Mellow Scanlon Fattah NAYS-24 Armstrong Greenleaf Loeper Robbins Baker Hart Madigan Salvatore Bell Helfrick Mowery Shaffer Brightbill Holl Peterson Shumaker Connan Jubelirer Punt Tilghman Fisher Lemmond Rhoades Wenger The PRESIDENT. The vote on the motion, "ayes," 24; "nays," 24. The Chair exercises his constitutional prerogative to vote in the affirmative. Therefore, the official vote is as follows: Afflerbach Andrezeski Furno Jones YEAS-25 Musto O'Pake Schwartz Stapleton Belan Bodack Bortner Dawida Fattah Armstrong Baker Bell Brightbill Corman Fisher LaValle Lewis Lincoln Mellow Greenleaf Hart Helfrick Holl Jubelirer Lemmond Pecora Porterfield Reibman Scanlon NAYS-24 Loeper Madigan Mowery Peterson Punt Rhoades A majority ofthe Senators having voted "aye," the question was determined in the affirmative. The PRESIDENT. Senate Bill No. 1016, as amended, will go over in its order. BILLS OVER IN ORDER SB 1032, SB 1066, SB 1091, SB 1132 and HB 1261 Without objection, the bills were passed over in their order at the request of Senator LINCOLN. SECOND CONSIDERATION CALENDAR PREFERRED APPROPRIATION BILL ON SECOND CONSIDERATION Stewart Stout Williams THE PRESIDENT Robbins Salvatore Shaffer Shumaker Tilghman Wenger SB 1192 (Pr. No. 1411) -- The Senate proceeded to consideration of the bill, entitled: An Act appropriating money from the Sunny Day Fund to the Department of Commerce for various projects throughout this Commonwealth for fiscal year Considered the second time and agreed to, Ordered, To be printed on the Calendar for third consideration. BILLS OVER IN ORDER HB 85 and HB Without objection, the bills were passed over in their order at the request of Senator LINCOLN. BILL ON SECOND CONSIDERATION AND RECOMMfITED SB 242 (Pr. No. 1418) -- The Senate proceeded to consideration of the bill, entitled: An Act amending the act of April 9, 1929 (P. L. 177, No. 175), entitled "The Administrative Code of 1929," further providing for budget procedures by prohibiting certain line items to be transferred to the State Lottery Fund. Considered the second time and agreed to, Ordered, To be printed for third consideration. Upon motion of Senator LINCOLN, and agreed to, the bill just considered was recommitted to the Committee on Appropriations. BILLS OVER IN ORDER SB 320, HB 712, SB 740, SB 818 and SB Without

13 1993 LEGISLATIVE JOURNAL - SENATE 949 objection, the bills were passed over in their order at the request ofsenator LINCOLN. BILL ON SECOND CONSIDERATION AMENDED AND OVER IN ORDER TEMPORARILY DB 986 (Pr. No. 1835) -- The Senate proceeded to consideration of the bill, entitled: An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, further providing for the defmition of "passenger car", for correction ofcertificate oftitle and for snowmobile and ATV registration requirements. Will the Senate agree to the bill on second consideration? FUMO AMENDMENT A250? Senator FUMO offered the following amendment No. A250?: Amend Title, page I, line 4, by removing the period after "REQUIREMENTS" and inserting: and regulating certain Motor License Food expenditures. Amend Bill, page 8, by inserting between lines 3 and 4: Section 5. Ofthose total fimds appropriated to the Department oftransportation from Motor License Food appropriations by section 901 ofthe act of May 28, 1993 (P.L.,No.), known as the General Appropriations Act of 1993, for the administration and operation of the maintenance program for State roads, bridges, tunnels and structures, at least $3, shall be used for the installation of raised reflective markers between lanes oftraffic on interstate highways and State highways at locations determined by the Department of Transportation. 6 Amend Sec. 5, page 8, line 4, by striking out "5" and inserting: Will the Senate agree to the amendment? It was agreed to. Will the Senate agree to the bill on second consideration, as amended? CORMAN AMENDMENT A2315 Senator CORMAN offered the following amendment No. A2315: Amend Title, page 1. line 3, by striking out "AND" and inserting a comma Amend Title, page 1, line 4, by removing the period after "REQUIREMENTS" and inserting: and for certification ofmechanics. Amend Sec. 4, page 5, line 29, by inserting after "SECTIONS": 4726(a), Amend Sec. 4, page 5, by inserting after line 30: Certification of mechanics. (a) General rule.-no mechanic shall conduct motor vehicle inspections or mass transit vehicle inspections at an official inspection station unless certified as to training. qualifications and competence by the department or the department's designate according to department regulations. The regulations relating to mass transit vehicle inspections shall require that any mechanic conducting such inspections shall possess proven competence in the area of mass transit vehicle operation and maintenance. The provisions of this title or regulations adopted thereooder shall not be cons1nled or applied in a manner which would preclude or impair the right of a person who is a resident of another state, and who is in possession of a valid driver's license issued by such state, to be certified to conduct motor vehicle inspections or mass transit vehicle inspections at an official inspection station in this Commonwealth. A certified official inspection mechanic performing a road test on a vehicle for the purpose of conducting a motor vehicle inspection is not required to hold a commercial driver's license ifthe entire road test is performed on private property provided the mechanic holds a valid Class C driver's license and the road test area is of adequate space and size to perform a complete and proper road test as specified in department regulations. No official inspection station appointment shall be issued or renewed unless a certified official inspection mechanic is employed there. Will the Senate agree to the amendment? It was agreed to. Without objection, the bill, as amended, was passed over in its order temporarily at the request of Senator LINCOLN. SB 974 CALLED UP SB 974 (Pr. No. 1398) - Without objection, the bill, which previously went over in its order temporarily, was called up, from page 2 of the Third Consideration Calendar, by Senator LINCOLN. BILL REREPORTED FROM COMMITTEE AS AMENDED ON TIIIRD CONSIDERATION AMENDED AND OVER IN ORDER SB 974 (Pr. No. 1398) - The Senate proceeded to consideration of the bill, entitled: An Act amending Titles 24 (Education) and 71 (State Government) of the Pennsylvania Consolidated Statutes, revising provisions relating to investments ofthe Public School Employees' Retirement Board and the State Employees' Retirement Board, respectively; excepting such boards from terms, conditions, limitations and restrictions imposed on other administrative boards of the Commonwealth in making investments; and adopting prudent-person rule in lieu of specific "legal list" of authorized investments. Will the Senate agree to the bill on third consideration? Senator SCHWARTZ, by unanimous consent, offered the following amendment No. A246?: Amend Sec. 1 (Sec. 8521), page 3, line 26, by striking out "SU- BSECTION" and inserting: section - Amend Sec. 1 (Sec. 8521), page 4, line I, by.inserting after "CITIZENS,": Qy Amend Sec. 1 (Sec. 8521), page 4, lines 1 and 2, by striking out "INVESTMENTS THAT INCREASE AND ENHANCE" and.inserting: increasing and enhancing Amend Sec. 1 (Sec. 8521), page 4, line 3, by striking out "ENCOURAGE" and inserting: encouraging Amend Sec. 1 (Sec. 8521), page 4, line 4, by striking out "STIM- UI.ATE" and inserting: stimulating -- Amend Sec. 2 (Sec. 5931), page 12, line 17, by striking out "SU- BSECTION" and.inserting: section - Amend Sec. 2 (Sec. 5931), page 12, line 22, by insertiwz,,~ "CITIZENS.": Qy

14 950 LEGISLATIVE JOURNAL - SENATE JUNE 8, Amend Sec. 2 (Sec. 5931), page 12, lines 22 and 23, by striking out "INVESTMENTS THAT INCREASE AND ENHANCE" and inserting: increasing and enhancing Amend Sec. 2 (Sec. 5931), page 12, line 24, by striking out "ENCOURAGE" and inserting: encouraging Amend Sec. 2 (Sec. 5931), page 12, line 25, by striking out "STIMULATE" and inserting: stimulating Amend Sec. 2 (Sec. 5931), page 18, lines 29 and 30, by striking out "Public School Employees' Retirement Fund" and inserting: fund Amend Sec. 3, page 19, lines 10 through 12, by striking out all of said lines Amend Sec. 4, page 19, line 13, by striking out "4" and inserting: 3 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 LINCOLN. DB 986 CALLED UP DB 986 (Pr. No. 1835) -- Without objection, the bill, which previously went over in its order temporarily, was called up, from page 7 ofthe Second Consideration Calendar, by Senator LINCOLN. BILL ON SECOND CONSIDERAnON AMENDED AND OVER IN ORDER DB 986 (Pr. No. 1835) - The Senate proceeded to consideration ofthe bill, entitled: An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, fwther providing for the definition of "passenger car", for correction ofcertificate oftitle and for snowmobile and ATV registration requirements And the question recurring, Will the Senate agree to the bill on second consideration, as amended? STOUT AMENDMENT A1701 Senator LINCOLN, on behalf of Senator STOUT, offered the following amendment No. A 1701: Amend Sec. 5, page 8, line 5, by striking out " 102" and inserting: 7714, 7715 and 7752 Will the Senate agree to the amendment? It was agreed to. And the question recurring, Will the Senate agree to the bill on second consideration, as amended? STOUT AMENDMENT A2398 Senator LINCOLN, on behalf of Senator STOUT, offered the following amendment No. A2398: Amend Title, page 1, line 4, by removing the period after "REQUIREMENTS" and inserting: ; and providing for tourist-oriented directional signs. Amend Bill, page 5, by inserting between lines 28 and 29: Section 4. Section 6125 of Title 75 is amended by adding a subsection to read: Display of unauthorized signs, signals or markings. * * * (d) Tourist-oriented directional signs.-the department on Statedesignated highways, including intersections with local highways, may erect and maintain. or provide for the erection and maintenance, of tourist-oriented directional signs. Prior to the promulgation of regulations, the administration of the department's program for the erection and maintenance oftourist-oriented directional signs sba11 be pursuant to a policy consistent with Federal Highway Administration Tourist Oriented Directional Sign guidelines. 5 6 Amend Sec. 4, page 5, line 5, by striking out "4" and inserting: Amend Sec. 5, page 8, line 4, by striking out "5" and inserting: Will the Senate agree to the amendment? It was agreed to. And the question recurring, Will the Senate agree to the bill on second consideration, as amended? JUBELIRER AMENDMENT A2476 Senator JUBELIRER offered the following amendment No. A2476: Amend Title, page 1, line 3, by removing the comma after "CAR" and inserting: and Amend Title, page 1, line 3, by inserting after "TITLE": ; providing for suspensions for offenses involving controlled substances and for certain out-of-state documentations; further providing for reports by courts Amend Title, page 1, line 4, by removing the period after "REQUIREMENTS" and inserting: ; and making a repeal. Amend Bill, page 4, by inserting between lines 5 and 6: Section 3. Sections 1532 and 1550 of Title 75 are amended by adding subsections to read: Revocation or suspension of operating privilege. * * * (c) Suspension.-The department sba11 suspend the operating privilege of any person upon receiving a certified record of the person's conviction of any offense involving the possession, sale, delivery, offering for sale, holding for sale or giving away of any controlled substance under the laws of the United States, this Commonwealth or any other state. n) The period of suspension shall be as follows: (i) For a ftrst offense, a period of six months from the date of the suspension. (ii) For a second offense, a period of one year from the date of the suspension. (iii) For a third and any subsequent offense thereafter, a period of two years from the date of the suspension. (2) For the purposes of this subsection, the term "conviction" shall include any conviction or adjudication ofdelinquency for any of the offenses listed in paragraph (1), whether in. this Commonwealth or any other Federal or state court Judicial review. * * * (d) Out-of-State documentation.-in any proceeding under this section, documents received by the department from the courts or administrative bodies ofother states or the Federal Government sba11

15 1993 LEGISLATIVE JOURNAL - SENATE 951 be admissible into evidence to support the department's case. In addition, the department may treat the received documents as documents of the department and use any of the methods of storage permitted under the provisions of42 Pa.C.S (relating to photographic copies ofbusiness and public records), and may reproduce such documents in accordance with the provisions of 42 Pa.C.S (relating to proof of official records). In addition, if the department receives information from courts or administrative bodies of other states orthe Federal Government by means ofelectronic transmission, it may certify that it has received the information by means of electronic transmission and that certification shall be prima facie proof of the adjudication and facts contained in such an electronic transmission. 4 Amend Sec. 3, page 4, line 6, by striking out "3" and inserting: Amend Bill, page 5, by inserting between lines 28 and 29: Section 5. Section 6323(1) of Title 75 is amended to read: Reports by courts. Subject to any inconsistent procedures and standards relating to reports and transmission of funds prescribed pursuant to Title 42 (relating to judiciary and judicial procedure): (1) The clerk of any court of this Commonwealth, within ten days after fmal judgment of conviction or acquittal or other disposition of charges under any of the provisions of this title Qr under section 13 of the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic ~ including an adjudication of delinquency or the granting of a consent decree, shall send to the department a record of the judgment of conviction, acquittal or other disposition. 6 Amend Sec. 4, page 5, line 29, by striking out "4" and inserting: Amend Bill, page 8, by inserting between lines 3 and 4: Section 7. Section B(m) ofthe act ofapril 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act, is repealed. Section 8. The provisions 0 75 Pa.C.S. 1532(c) and 1550(d) and the repeal of the provisions ofsection 13(m) ofthe act ofapril 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act, by the act shall not affect any act done, liability incurred or right accrued or vested, or affect any suit or prosecution pending or be instituted to enforce any right or penalty, or to punish any offense, under the authority of any statute repealed by this act. Amend Sec. 5, page 8, line 4, by striking out "5" and inserting: 9 Amend Sec. 5, page 8, line 5, by striking out " 102" and inserting: 102, 1532, 1550 and 6323(1) Amend Sec. 5, page 8, by inserting between lines 6 and 7: (2) Sections 7 and 8 of this act shall take effect in 60 days. Amend Sec. 5, page 8, line 7, by striking out "(2)" and inserting: (3) 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 LINCOLN. COMMUNICATION FROM THE GOVERNOR REPORTED FROM COMMITTEE ON RULES AND EXECUTIVE NOMINATIONS Senator AFFLERBACH, by unanimous consent, reported from the Committee on Rules and Executive Nominations a communication from His Excellency, the of the Commonwealth, recalling the following nomination, which was read by the Clerk as follows: MEMBER OF THE PENNSYLVANIA TIJRNPIKE COMMISSION June 7, 1993 In accordance with the power and authority vested in me as of the Commonwealth, I do hereby recall my nomination dated May 28, 1993, for the appointment of Robert A. Gleason, Jr., 552 Elknud Lane, Johnstown 15905, Cambria County, Thirty-fifth Senatorial District, as a member of the Pennsylvania Turnpike Commission, to serve for a term of four years or until his successor is appointed and qualified, vice Frank A. Ursomarso, whose term expired. I respectfully request the return to me of the official message of nomination on the premises. Senator AFFLERBACH. Mr. President, I move that the nomination just read by the Clerk be returned to His Excellency, the. Will the Senate agree to the motion? The yeas and nays were required by Senator AFF LERBACH and were as follows, viz: YEAS-48 Afflerbach Fisher Loeper Robbins Andrezeski Furno Madigan Salvatore Annstrong Greenleaf Mellow Scanlon Baker Hart Mowery Schwartz Belan Helfrick Musto Shaffer Bell Holl O'Pake Shumaker Bodack Jones Pecora Stapleton Bortner Jubelirer Peterson Stewart Brightbill LaValle Porterfield Stout Connan Lemmond Punt Tilghman Dawida Lewis Reibman Wenger Fattah Lincoln Rhoades Williams NAYS-O A majority ofthe Senators having voted "aye," the question was determined in the affirmative. The PRESIDENT. The nomination will be returned to the. COMMUNICATIONS FROM THE GOVERNOR TAKEN FROM THE TABLE Senator AFFLERBACH, by unanimous consent, called from the table communications from His Excellency, the of the Commonwealth, recalling the following nominations, which were read by the Clerk as follows:

16 952 LEGISLATIVE JOURNAL - SENATE JUNE 8, MEMBER OF THE COMMONWEALTH OF PENNSYLVANIA COUNCIL ON THE ARTS June 8, 1993 In accordance with the power and authority vested in me as of the Commonwealth, I do hereby recall my nomination dated March 10, 1993 for the appointment of Edna S. Tuttleman, 375 North Highland Avenue, Merion Station 19066, Montgomery County, Seventeenth Senatorial District, as a member of the Commonwealth of Pennsylvania Council on the Arts, to serve until July 1, 1993 and until her successor is appointed and qualified, vice Flora L. Becker, Philadelphia, whose term expired. I respectfully request the return to me of the official message of nomination on the premises. MEMBER OF THE BOARD OF TRUSTEES OF DANVILLE STATE HOSPITAL June 8, 1993 In accordance with the power and authority vested in me as of the Commonwealth, I do hereby recall my nomination dated March 23, 1993 for the appointment of Charles D. Waldrop, M.D.,7 Delwood Drive, Danville 17821, Montour County, Twentyseventh Senatorial District, as a member of the Board oftrustees of Danville State Hospital, to serve until the third Tuesday of January 1999, and until his successor is appointed and qualified, vice Norwood Fleck, Danville, whose term expired.. I respectfully request the return to me of the official message of nomination on the premises. MEMBER OF THE HEALTH POLICY BOARD June 8, 1993 In accordance with the power and authority vested in me as of the Commonwealth, I do hereby recall my nomination dated March 18, 1993 for the appointment of Mary Del Brady, 153 Yellowstone Drive, Pittsburgh 15235, Allegheny County, Forty-third Senatorial District, as a member of the Health Policy Board, to serve for a term of three years and until her successor is appointed and qualified, pursuant to Act 179, approved December 18, I respectfully request the return to me ofthe official message of nomination on the premises. MEMBER OF THE HEALTH POLICY BOARD June 8, 1993 In accordance with the power and authority vested in me as of the Commonwealth, I do hereby recall my nomination dated March 18, 1993 for the appointment of Jeffrey P. Lindtner, CIGNA Corporation, 1600 Arch Street, Philadelphia 19103, Philadelphia County, First Senatorial District, as a member of the Health Policy Board, to serve for a term of one year and until his successor is appointed and qualified, pursuant to Act 179, approved December 18, I respectfully request the return to me ofthe official message of nomination on the premises. NOMINAnONS RETIJRNED TO THE GOVERNOR Senator AFFLERBACH. Mr. President, I move that the nominations just read by the Clerk be returned to His Excellency, the. The motion was agreed to. The PRESIDENT. The nominations will be returned to the. EXECUTIVE NOMINATIONS EXECUTIVE SESSION Motion was made by Senator AFFLERBACH, 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 AFFLERBACH. Mr. President, I call from the table certain nominations and ask for their consideration. The Clerk read the nominations as follows: MEMBER OF THE STATE BOARD OF BARBER EXAMINERS May 3, 1993 the advice and consent of the Senate, Samuel M. Sanzotto, D.Ed., 6122 Charing Cross, Mechanicsburg , Cumberland County, Thirty-first Senatorial District, for appointment as a member ofthe State Board of Barber Examiners, to serve until March 16, 1995 and until his successor is appointed and qualified, but not longer than six months beyond that period, vice William A. Breslin, Wilkes-Barre, terminated. MEMBER OF THE PENNSYLVANIA CANCER CONTROL, PREVENTION AND RESEARCH ADVISORY BOARD May 17, 1993

17 1993 LEGISLATIVE JOURNAL - SENATE 953 the advice and consent ofthe Senate, Paulette M. Vandzura, R. D. #2, Box 730, Portage 15946, Cambria COWlty, Thirty-fifth Senatorial District, for reappointment as a member of the Pennsylvania Cancer Control, Prevention and Research Advisory Board, to serve for a term of four years and Wltil her successor is appointed and qualified. MEMBER OF THE CARBON COUNIY BOARD OF ASSISTANCE May 21, 1993 the advice and consent of the Senate, Pearl H. Dugan (Democrat), 60 Broadway, Jim Thorpe 18229, Carbon COWlty, Twenty-ninth Senatorial District, for appointment as a member ofthe Carbon County Board of Assistance, to serve Wltil December 31, 1995, and Wltil her successor is appointed and qualified, to add to complement. MEMBER OF THE BOARD OF TRUSTEES OF THE CENlRAL YOUTH DEVELOPMENT CENTERS April 12, 1993 the advice and consent of the Senate, Clifford K. Sloppy, R. D. #2, Box 41, Hidden Valley Road, Loysville 17047, Perry County, ThirtyflfSt Senatorial District, for appointment as a member of the Board of Trustees of The Central Youth Development Centers, to serve Wltil the third Tuesday of January 1997, and until his successor is appointed and qualified, vice P. Nan C. Cavenaugh, Harrisburg, whose term expired. Govemor MEMBER OF THE ELK COUNTY BOARD OF ASSISTANCE April 1, 1993 the advice and consent of the Senate, Richard Decker (Democrat), 409 Dippold Avenue, St. Marys 15857, Elk County, Twenty-fifth Senatorial District, for appointment as a member of the Elk COWlty Board of Assistance, to serve Wltil December 31, 1995, and until his successor is appointed and qualified, to add to complement. Govemor MEMBER OF THE STAlE HEALTH FACILTIY HEARING BOARD May 10, 1993 the advice and consent of the Senate, Paul J. Carey, Jr., Esquire, 533 Poplar Church Road, Camp Hill 17011, Cmnberland County, Thirtyfirst Senatorial District, for appointment as a member of the State Health Facility Hearing Board, to serve for a term of four years and Wltil his successor is appointed and qualified, pursuant to Act 179, approved December 18, MEMBER OF THE HEALTH POLICY BOARD March 18, 1993 the advice and consent of the Senate, Charles W. Pruitt, Jr., 300 Fox Chapel Road, Apartment 407, Pittsburgh 15238, Allegheny County, Thirty-eighth Senatorial District, for appointment as a member of the Health Policy Board, to serve for a term of two years and until his successor is appointed and qualified, pursuant to Act 179, approved December 18, MEMBER OF THE HEALTH POLICY BOARD March 18, 1993 the advice and consent ofthe Senate, Carmen Way, 505 North Fourth Street, Lewisburg 17837, Union COWlty, Twenty-seventh Senatorial District, for appointment as a member ofthe Health Policy Board, to serve for a term oftwo years and Wltil her successor is appointed and qualif:ed, pursuant to Act 179, approved December 18, MEMBER OF THE BOARD OF GOVERNORS OF THE STATE SYSTEM OF HIGHER EDUCATION March 26, 1993 the advice and consent of the Senate, Joseph M. Nespoli, R. D. #2, Berwick 18603, Colwnbia COWlty, Twenty-seventh Senatorial District, for reappointment as a member of the Board of s of the

18 954 LEGISLATIVE JOURNAL - SENATE JUNE 8, State System of Higher Education, to setve until December 31, 1996 and until his successor is appointed and qualified. MEMBER OF THE STATE BOARD OF OSTEOPATHIC MEDICINE May 4, 1993 the advice and consent. of the Senate, Quentin C. Weaver (Public Member), 405 Drew Avenue, Swarthmore 19081, Delaware County, Twenty-sixth Senatorial District, for appointment as a member of the State Board ofosteopathic Medicine, to setve for a term of four years or until his successor is appointed and qualified, but not longer than six months beyond that period, vice Raymond G. Herr, Willow Street, whose term expired. MEMBER OF THE BOARD OF PARDONS March 1, 1993 the advice and consent of the Senate, Ronald J. Harper, Esquire, 336 Pelham Road, Philadelphia 19119, Philadelphia County, Fourth Senatorial District, for reappointment as a member of the Board of Pardons, to setve until November 30, 1997, and until his successor is appointed and qualified. BRIGADIER GENERAL, PENNSYLVANIA NA110NAL GUARD March 19, 1993 the advice and consent of the Senate, Colonel William B. Lynch, 746 St. Rt. 30, Clinton 15026, Allegheny County, Forty-second Senatorial District, for appointment as Brigadier General, Pennsylvania Air National Guard, with assignment as Commander of the 171 st Air Refueling Wing, Greater Pittsburgh International Airport, to serve until terminated, vice Brigadier General Robert G. Chrisjohn. BRIGADIER GENERAL, PENNSYLVANIA NATIONAL GUARD the advice and consent of the Senate, Colonel John E. Stevens, 510 High Street, Bethlehem 18018, Northampton County, Eighteenth Senatorial District, for appointment as Brigadier General, Assistant Adjutant General, Pennsylvania Anny National Guard, to setve until terminated. MAJOR GENERAL, PENNSYLVANIA NATIONAL GUARD March 19, 1993 the advice and consent of the Senate, Brigadier General Robert G. Chrisjohn, 3 Highland Drive, Palmyra 17078, Lebanon County, Fortyeighth Senatorial District, for appointment as Major General, Pennsylvania Air National Guard, with assignment as Commander, Air National Guard and Deputy Adjutant General - Air, Headquarters State Area Command, to serve until terminated, vice Major General Robert E. Harris, retired. MEMBER OF THE PROFESSIONAL STANDARDS AND PRACTICES COMMISSION April 16, 1993 In confonnity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Grace P. Bulls, Ed.D., 493 Stewart Drive, West Chester 19380, Chester County, Nineteenth Senatorial District, for appointment as a member of the Professional Standards and Practices Commission, to setve until the third Tuesday of January 1996, and until her successor is appointed and qualified, vice Carolyn 1. Carter, Harrisburg, whose term expired. MEMBER OF THE PROFESSIONAL STANDARDS AND PRACTICES COMMISSION April 16, 1993 In confonnity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Gilbert R. Griffiths, 573 Tioga Avenue, Kingston 18704, Luzerne County, Twentieth Senatorial District, for reappointment as a member of the Professional Standards March 19, 1993

19 1993 LEGISLATIVE JOURNAL - SENATE 955 and Practices Commission, to serve until the third Tuesday of January 1996, and until his successor is appointed and qualified. MEMBER OF THE PROFESSIONAL STANDARDS AND PRACTICES COMMISSION To the Honorable. the Senate of the Commonwealth of April 16, 1993 the advice and consent of the Senate, Paul B. Hentz, 345-B Diller Road, New Oxford 17350, Adams County, Thirty-third Senatorial District, for reappointment as a member of the Professional Standards and Practices Commission, to serve until the third Tuesday of January 1996, and until his successor is appointed and qualified. MEMBER OF THE PROFESSIONAL STANDARDS AND PRACTICES COMMISSION April 16, 1993 the advice and consent of the Senate, Kathleen M. Monahan, 40 Fieldstone Place, Zelionople 16063, Butler County, Twenty-first Senatorial District, for reappointment as a member of the Professional Standards and Practices Commission, to serve until the third Tuesday of January 1996, and until her successor is appointed and qualified. MEMBER OF THE STATE BOARD OF PSYCHOLOGY May 10, 1993 the advice and consent of the Senate, Edward C. Brennan, Ph.D., 1701-B Clay Avenue, Scranton 18509, Lackawanna County, Twentysecond Senatorial District, for reappointment as a member of the State Board of Psychology, to serve for a term of four years or until his successor is appointed and qualified, but not longer than six months beyond that period. MEMBER OF THE BOARD OF TRUSTEES OF SCOTLAND SCHOOL FOR VETERANS' CHILDREN May 28, 1993 Avenue, Waynesboro 17268, Franklin County, Thirty-third Senatorial District, for appointment as a member of the Board of Trustees of Scotland School for Veterans' Children, to serve until the third Tuesday of January 1999, and until his successor is appointed and qualified, vice Eugene C. Eichelberger, Saint Thomas, whose tetm expired. MEMBER OF THE BOARD OF TRUSTEES OF SCRANTON STATE SCHOOL FOR THE DEAF May 10, 1993 the advice and consent of the Senate, Thomas A. Blaskiewicz, 623 South Street, Avoca 18641, Luzerne County, Twenty-second Senatorial District, for appointment as a member of the Board of Trustees of Scranton State School for the Deaf, to serve until the third Tuesday of January, 1997, and until his successor is appointed and qualified, vice April M. Nelson, Berwyn, whose term expired. MEMBER OF THE BOARD OF TRUSTEES OF SOUTH MOUNTAIN RESTORATION CENTER May 10, 1993 the advice and consent of the Senate, Diane Marie Cole, 340 Montclair Road, Gettysburg 17325, Adams County, Thirty-third Senatorial District, for reappointment as a member of the Board of Trustees of South Mountain Restoration Center, to serve until the third Tuesday of January 1999, and until her successor is appointed and qualified. MEMBER OF THE STATE TAX EQUALIZATION BOARD March 12, 1993 the advice and consent of the Senate, Trevor Edwards, 2000 Chevy Chase Drive, Harrisburg 17110, Dauphin County, Fifteenth Senatorial District, for reappointment as a member of the State Tax Equalization Board, to serve until November 14, 1995, or until his successor is appointed and qualified. the advice and consent of the Senate, Bob P. King, 235 Myrtle

20 956 LEGISLATIVE JOURNAL - SENATE JUNE 8, COMMONWEALTIl TRUSTEE OF TEMPLE UNIVERSITY-OF TIlE COMMONWEALTIl SYSTEM OF HIGHER EDUCAnON March 26, 1993 the advice and consent of the Senate, James A. Williams, 23 Gaelic Court, Holland 18966, Bucks County, Tenth Senatorial District, for reappointment as a Commonwealth Trustee oftemple University--of the Commonwealth System of Higher Education, to serve until October 14, 1996, and until his successor is appointed and qualified. Will the Senate advise and consent to the nominations? LEGISLAnVE LEAYES The PRESIDENT. The Chair would first recognize the gentleman from Fayette, Senator Lincoln. Senator LINCOLN. Mr. President, I request temporary Capitol leaves for Senator Stout and Senator Fattah. The PRESIDENT. Senator Lincoln requests temporary Capitol leaves for Senator Stout and Senator Fattah. The Chair hears no objection. Those two leaves will be granted. And the question recurring, Will the Senate advise and consent to the nominations? 1be yeas and nays were required by Senator AFF LERBACH and were as follows, viz: YEAS-48 Afllerbach Fisher Loeper Robbins Andrezeski Furno Madigan Salvatore Annstrong Greenleaf Mellow Scanlon Baker Hart Mowety Schwartz Belan Helfrick Musto Shaffer Bell Holl O'Pake Shumaker Bodack Jones Pecora Stapleton Bortner Jubelirer Peterson Stewart Brightbill lavalle Porterfield Stout Connan Lemmond Punt Tilghman Dawida Lewis Reibman Wenger Fattah Lincoln Rhoades Williams NAYS-O A constitutional majority of all the Senators having voted "aye," the question was determined in the affirmative. Ordered, That the be informed accordingly. PARLIAMENTARY INQUIRY The PRESIDENT. The Chairrecognizes the gentleman from Lehigh, Senator Afflerbach. Senator AFFLERBACH. Mr. President, before we move to those nominations requiring a two-thirds vote, as a point of parliamentary inquiry, could the Chair advise the Chamber of precisely how many votes are now required to reach a two-thirds majority? Senator LINCOLN. Mr. President, is it 24? The PRESIDENT. The answer to the question is 32. Senator Fisher has accommodated me with a calculator and we have computed this together and the number is 32. Senator AFFLERBACH. Thank you, Mr. President. I now call from the table for consideration the nomination of Roderick Snyder as Berks County Prothonotary, and I request an affirmative vote for this nominee. The Clerk read the nomination as follows: PROTHONOTARY, BERKS COUNTY Pemlsylvania: March 1, 1993 the advice and consent ofthe Senate, G. Roderick Snyder, 13 East Penn Avenue, Robesonia 19551, Berks County, Forty-eighth Senatorial District, for appointment as Prothonotary, in and for the County of Berks, to serve until the first Monday of January 1994, vice Thomas W. Gajewski, resigned. Will the Senate advise and consent to the nomination? The PRESIDENT. The Chairrecognizes the gentleman from Lancaster, Senator Wenger. Senator WENGER. Mr. President, we also request an affirmative vote for the gentleman, Roderick Snyder, for Berks County Prothonotary. And the question recurring, Will the Senate advise and consent to the nomination? The yeas and nays were required by Senator AFF- LERBACH and were as follows, viz: YEAS-48 Afflerbach Fisher Loeper Robbins Andrezeski Furno Madigan Salvatore Armstrong Greenleaf Mellow Scanlon Baker Hart Mowety Schwartz Belan Helfrick Musto Shaffer Bell Holl O'Pake Shumaker Bodack Jones Pecora Stapleton Bortner Jubelirer Peterson Stewart Brightbill LaValle Porterfield Stout Corman Lemmond Punt Tilghman Dawida Lewis Reibman Wenger Fattah Lincoln Rhoades Williams NAYS-O 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.

21 1993 LEGISLATIVE JOURNAL - SENATE 957 Lehigh, Senator Afflerbach. Senator AFFLERBACH. Mr. President, I now call from the table the nomination ofeugene P. Nelson for the Pennsylvania Game Commission, and I request affirmative confirmation of this nominee. The Clerk read the nomination as follows: MEMBER OF TIlE PENNSYLVANIA GAME COMMISSION February 23, 1993 In confotmity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Eugene P. Nelson (District 5), HC 64, Box 372A, Trout Run 17771, Lycoming County, Twenty-third Senatorial District, for appointment as a member ofthe Pennsylvania Game Commission, to serve for a term of eight years, vice Mary Jane Kuziak, Danville, whose term expired. Will the Senate advise and consent to the nomination? The yeas and nays were required by Senator AFF- LERBACH and were as follows, viz: YEAS-27 Afflerbach Fattah Mellow Scanlon Andrezeski Fumo Musto Schwartz Belan Jones Q'Pake Stapleton Bodack LaValle Pecora Stewart Bortner Lewis Porterfield Stout Connan Lincoln Reibman Williams Dawida Madigan Salvatore NAYS-21 Annstrong Hart Loeper Robbins Baker Helfrick Mowery Shaffer Bell Holl Peterson Shumaker Brightbill Jubelirer Punt Tilghman Fisher Lemmond Rhoades Wenger Greenleaf Less than a constitutional two-thirds majority having voted "aye," the question was determined in the negative. RECONSIDERATION OF EXECUTIVE NOMINATION NOMINATION LAID ON THE TABLE Lehigh, Senator Afflerbach. Senator AFFLERBACH. Mr. President, I move that the vote by which the nomination of Eugene P. Nelson was just defeated be reconsidered and that the nomination be laid upon the table. The PRESIDENT. Senator Afflerbach moves that the vote by which the nomination ofeugene P. Nelson was defeated be reconsidered and that the nomination lay upon the table. The motion was agreed to. EXECUTIVE SESSION RISES Senator AFFLERBACH. Mr. President, I move that the Executive Session do now rise. The motion was agreed to. SPECIAL ORDER OF BUSINESS ANNOUNCEMENT BY THE SECRETARY The SECRETARY. Consent has been given for the Committee on Appropriations to meet during today's session to consider House Bills No.6, 958, and Senate Bills No. 308, 309, and RECESS Fayette, Senator Lincoln. Senator LINCOLN. Mr. President, I would ask for a brief recess of the Senate for the purpose of a meeting of the Committee on Appropriations to be called off the floor. The PRESIDENT. Senator Lincoln asks for a recess ofthe Senate to accommodate the meeting ofthe Committee on Appropriations that is going to be held in the Rules room at the rear of the Senate Chamber. For that purpose, the Senate will stand in brief recess. AFTER RECESS The PRESIDENT. The time of recess having expired, the Senate will come to order. UNFINISHED BUSINESS REPORTS FROM COMMITTEE Senator PUMO, from the Committee on Appropriations, reported the following bills: SB 308 (Pr. No. 1441) (Amended) (Rereported) An Act providing for a chancery court; and making conforming and related amendments to existing law. SB 309 (pr. No. 1442) (Amended) (Rereported) A Joint Resolution proposing an amendment to the Constitution of the Commonwealth of Pennsylvania, providing for a chancery court. SB 1067 (pr. No. 1193) (Rereported) An Act amending Title 34 (Game) of the Pennsylvania Consolidated Statutes, providing for the establishment of a separate account within the Game Fund. DB 6 (Pr. No. 16) (Rereported) An Act amending the act of June 18, 1974 (p.l.359, No.l20), referred to as the Municipal Police Education and Training Law, further defining "police officer" and "police department"; adding a

22 958 LEGISLATIVE JOURNAL - SENATE JUNE 8, definition; and further providing for powers and duties ofthe commission, for police training, for penalties and for reimbursement of training expenses. HB 958 (pr. No. 1404) (Rereported) An Act amending the act of September 30, 1983 (P.L.160, No.39), lmown as the Public Official Compensation Law, providing for the salaries of members of the Pennsylvania Public Utility Commission; and making repeals. CONGRATULATORY RESOLUTIONS The PRESIDENT laid before the Senate the following resolutions, which were read, considered and adopted: Congratulations ofthe Senate were extended to Brendan A. Huttick by Senator Armstrong. Congratulations of the Senate were extended to Matthew Thomas Gavin by Senator Baker. Congratulations ofthe Senate were extended to Barbara Ann Moore, Alvin Harkless Swiggett and to Angel G. Weldon by Senator Bell. Congratulations ofthe Senate were extended to the Aspinwall Volunteer Fire Department by Senator Bodack. Congratulations of the Senate were extended to Jonathan Allyn Weaver and to Alissa Herrold by Senator Corman. Congratulations of the Senate were extended to Calyta Louise Hill by Senator Dawida. Congratulations ofthe Senate were extended to Luke Williams by Senator Fattah. Congratulations of the Senate were extended to Lisa Le Karng Kert, Larheim Brown, Dywonne Davis, Monida Var: Joy Gardner, Charles Green, Jasmin Serrand, Jacqueline Brown, Edchar Goodwin, Marybeth Signell and to Teamsters Local Union No. 500 of Philadelphia by Senator Fumo. Congratulations of the Senate were extended to Robert J. Demyan and to Ralph Fletcher by Senator Greenleaf. Congratulations of the Senate were extended to Mr. and Mrs. Edward Borowski by Senator Hart. Congratulations of the Senate were extended to Eric Michael Startzel by Senator Helfrick. Congratulations ofthe Senate were extended to Family and Children's Service ofblair County by Senator Jubelirer. Congratulations ofthe Senate were extended to Dr. Rudolph Schleich by Senator Lemmond. Congratulations of the Senate were extended to Jessica Popiel by Senator Loeper. Congratulations ofthe Senate were extended to Jake Belcher by Senator Madigan. Congratulations of the Senate were extended to Marie Campenni, Bemetta Schwartz, Regina Dean, Joan Meade, Anita Bartolai, John Donovan and to Marilyn Redington by Senators Mellow and Musto. Congratulations of the Senate were extended to Gloria Balent by Senator Musto. Congratulations of the Senate were extended to Frank Hemingway and to Elizabeth Guarilia by Senators Musto and Mellow. Congratulations ofthe Senate were extended to Mary Ann Rimby and to Burgermeister Rainer Hahn by Senator O'Pake. Congratulations ofthe Senate were extended to Francis J. Luzzi and to James F. Hall by Senator Peterson. Congratulations ofthe Senate were extended to Frederic A. Rosemeyer and to Fairmont-Hahntown Fire Department of North Huntingdon by Senator Porterfield. Congratulations ofthe Senate were extended to Mabel M. Wohlbach by Senator Reibman. Congratulations ofthe Senate were extended to Matthew G. Schur by Senator Rhoades. Congratulations of the Senate were extended to Daniel Risen, Amanda Taro, Anna Bortnick and to the Business and Professional Woman's Club of Philadelphia by Senator Schwartz. Congratulations of the Senate were extended to Mr. and Mrs. Dick W. Priester and to Mr. and Mrs. John Teplica by Senator Shaffer. Congratulations ofthe Senate were extended to Dr. Shahane T. Kirman, Officer Isaac Moore and to Rutherford Fire and EMS Company of Harrisburg by Senator Shumaker. Congratulations of the Senate were extended to Norma 1. Gotwalt by Senators Shumaker and Mowery. Congratulations of the Senate were extended to Mr. and Mrs. Robert S. Crissman by Senator Stapleton. Congratulations ofthe Senate were extended to Theodore Gagnon, James A. Wright and to Ambassadors for Christ, Incorporated of Paradise by Senator Wenger. 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 340, S19, 661, 1018, 1046, 1047, 1103, 1126, 1190, 1193, HB 163, 353, 695, 696, 697, 698, 699, 838 and And said bills having been considered for the first time, Ordered, To be printed on the Calendar for second consideration. ANNOUNCEMENTS BY THE SECRETARY The following announcements were read bythe Secretary of the Senate: 9:00 A.M. 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 Frank D. Edwards by Senator Greenleaf. BILLS ON FIRST CONSIDERATION SENATE OF PENNSYLVANIA COMMITIEE MEETINGS WEDNESDAY. JUNE STATE GOVERNMENT (to consider Room 8E-A