COMMONWEALTH OF PENNSYLVANIA LEGISLATIVE JOURNAL

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1 COMMONWEALTH OF PENNSYLVANIA LEGISLATIVE JOURNAL TUESDAY, FEBRUARY 2,1993 SESSION OF TH OF THE GENERAL ASSEMBLY No.6 SENATE TIJESDAY, Februcuy 2, 1993 The Senate met at 1 p.m., Eastern Standard Time. The PRESIDENf (Lieutenant Mark S. Singel) in the Chair. PRAYER The Chaplain, Reverend Dr. PAUL GEHRIS, ofamerican Baptist Churches of U.S.A., Harrisburg, offered the following prayer. Let us pray. Almighty and everlasting God, far away as the edges of space and close as breath and blood, I pray for this venerable institution, the Senate ofpennsylvania, these women and men who have been vested with honor and esteem and power and responsibility. Grant to each one clarity of thought and clearness ofspeech, objectivity in decision making, charity in difference, and mutual support in their effort to maintain the Commonwealth and succor the citizeruy. Empower them to be strong in engaging the challenge of their office and in their accountability to the Constitution and their constituents, and to You. This prayer I offer in Your name. Amen. The PRESIDENf. The Chair thanks Reverend Gehris, the guest this week of Senator Mowery and Senator Reibman. JOURNAL APPROVED The PRESIDENf. A quorum of the Senate being present, the Clerk will read the Journal of the preceding Session of February I, The Clerk proceeded to read the Journal of the preceding Session, when, on motion of Senator LINCOLN, further reading was dispensed with and the Journal was approved. HOUSE MESSAGES HOUSE CONCURS IN SENATE CONCURRENT RESOLUTION The Clerk of the House of Representatives informed the Senate that the House has concurred in resolution from the Senate, entitled: 'Neekly adjournment. GENERAL COMMUNICATION LIST OF WBBYISTS AND ORGANIZATIONS The PRESIDENf laid before the Senate the following communication, which was read by the Clerk as follows: SENATE OF PENNSYLVANIA To the Honorable, the Senate of the Commonwealth of Pennsylvania To the Honorable, the House of Representatives of the Commonwealth of Pennsylvania February 2, 1993 Incompliance with Act No. 712 of the 1961 Session and Act No. 212 of the 1977 Session of the General Assembly titled the "Lobbying Registration and Regulation Act," we herewith jointly present a list containing the names and addresses of the persons who have registered from January 1, 1993 through January 31, 1993 inclusive, for the 177th Session ofthe General Assembly. 1bis list also contains the names and addresses of the organizations represented by these registrants. (See Appendix for complete list.) Respectfully submitted: MARK R. CORRIGAN Secretary Senate of Pennsylvania JOHN 1. ZUBECK Chief Clerk House of Representatives APPOINTMENT BY PRESIDENT PRO TEMPORE The PRESIDENf. The Chair wishes to announce the President pro tempore has made the following appointment: Mr. Nunzio 1. Tanase to serve as Acting Chief Clerk. APPOINTMENTS BY MINORITY LEADER The PRESIDENf. The Chair wishes to announce the Minority Leader has made the following appointments: Senator Charles D. Lemmond as a member of the Pennsylvania Public Television Network Commission. Mr. Charles Andes as a member of the Board of the Pennsylvania Intergovernmental Cooperation Authority.

2 186 LEGISLATIVE JOURNAL - SENATE FEBRUARY 2, REPORT FROM COMMITTEE Senator O'PAKE, from the Committee onintergovernmental Affairs, reported the following bill: SB 300 (pr. No. 311) An Act amending the act of December 1S, 1988 (P. L. 123S, No. lsi), entitled "Children's Trost Fund Act," further providing for the powers of the board. PERMISSION TO ADDRESS SENATE Senator REffiMAN asked and obtained unanimous consent to address the Senate. Senator REffiMAN. Mr. President, if you and my colleagues will indulge me for just a few moments, I would like to say that I will be presenting to the Chair a bill sponsored by myself and several of my colleagues and I request that the bill remain open for other interested Senators who may want to cosponsor it. In order for them to decide whether they want to cosponsor, just let me very briefly say what this bill is about. It is a comprehensive approach to the management of the Commonwealth's water resources. Since 1981, Pennsylvania has experienced four major drought events. Three primarily affected the eastern part of the State, but the drought was the most severe statewide since the early 1930s. I have introduced a proposal for water management in each Session of the legislature since 1983, but it seems that the emergency arose and passed before we established any policy or plan to address any water shortages. There is currently no mechanism for statewide regulation ofground water supplies or surface water resources other than the common law doctrine. lbis revised legislation reflects input from the Department ofenvironmental Resources. It also includes comments and concerns presented and discussed at a hearing on water resources and management held by the Joint Legislative Air and Water Pollution Control and Conservation Committee in My proposal establishes the authority for the Commonwealth to address periods ofdrought and water shortages and conflicts among water users. It provides for comprehensive planning and regulatory programs to conserve and manage the Commonwealth's resources. The bill will fill gaps that exist in common law and it recognizes that ground water and surface waters are linked. The bill provides for a continuous update of the State water plan based on data generated through the registration of significant water withdrawals. The proposal provides for regular input from water users and the establishment of conservation areas which need special attention or protection. I expect that the Joint Legislative Air and Water Pollution Control and Conservation Committee will present this legislation for additional review and comment from affected interests at a conference on water management issues to be held February 24 and 25. Subsequently, I hope the bill will be considered by the Senate Committee on Environmental Resources and Energy. I would hope that the State's water resources and its management, an issue that is critical to our economic growth and development and our public health, will be addressed before we are threatened by another water shortage emergency. Thank you, Mr. President, and I now present this to the Chair and I hope that my other colleagues will see fit to join in on sponsorship. BILL IN PLACE Senator REffiMAN presented to the Chair a bill. The PRESIDENT. Senator Reibman reads in place and presents to the Chair a bill, and the Chair would note that it will remain at the desk for additional cosponsorships. 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 Senate Bill No. 267 and certain nominations. LEGISLATIVE LEAVE Senator WEPER Mr. President, I ask for a temporary Capitol leave on behalf of Senator Shaffer. The PRESIDENT. Are there requests for leaves from Senator Lincoln? Senator LINCOLN. Mr. President, for the second consecutive day I have no requests for leaves of absence. I would like to thank Reverend Gehris for his performing a miracle in the Chamber. The PRESIDENT. The Chair thanks Senator Lincoln, and Reverend Gehris. Senator Loeper requests a temporary Capitol leave for Senator Shaffer. The Chair hears no objection. That leave will be granted. CALENDAR SENATE CONCURRENT RESOLUTION NO.9, CALLED UP OUT OF ORDER Senator LINCOLN, without objection, called up out oforder from page 2 of the Calendar, as a Special Order of Business, Senate Concurrent Resolution No.9, entitled: A Concurrent Resolution directing the Joint State Government Commission to study the issues surrounding violence as a public health concern and creating a task force. On the question, Will the Senate adopt the resolution? SENATE CONCURRENT RESOLUTION NO.9, ADOPTED Senator LINCOLN. Mr. President, I move that the Senate do adopt Senate Concurrent Resolution No.9.

3 1993 LEGISLATIVE JOURNAL - SENATE 187 On the question, Will the Senate agree to the motion? The yeas and nays were required by Senator LINCOLN and were as follows, viz: YEAS-49 AffieIbach Furno Lynch Robbins Andrezeski Greenleaf Madigan Salvatore Annstrong Hart Mellow Scanlon Baker Helfrick Mowery Schwartz Belan Holl Musto Shaffer Bell Jones O'Pake Shumaker Bodack Jubelirer Pecora Stapleton Bortner LaValle Peterson Stewart Brightbill Lemmond Porterfield Stout Corman Lewis Punt Tilghman Dawida Lincoln Reibman Wenger Fattah Loeper Rhoades Williams Fisher NAYS-O A majority ofthe Senators having voted "aye," the question was detennined in the affirmative. Ordered, lbat the Secretary of the Senate present said resolution to the House of Representatives for concurrence. SPECIAL ORDER OF BUSINESS GUESTS OF SENATOR DAVID J. BRIGHTBILL AND SENATOR MICHAEL A. O'PAKE PRESENTED TO SENATE Senator BRIGHTBILL. Mr. President, on behalf ofsenator O'Pake and myself, I would like to introduce in the gallery today the Wilson High School Soccer Team. The Bulldogs won the PIAA Class AAA 1992 State Soccer Championship this past fall, and they did it with a record. We have here today the team captains, Travis Berger and Drew Caufmann; Mike Moyer, the head coach; Lee Hill and Paul Holland, the assistant coaches; John Moyer, the trainer; Roy Snyder, the athletic director; and Herbert Schoenly, the principal. And I would note that there was a first in this Capitol today, or at least in this Senate Chamber, because the team was sitting here down in front in their red and white jackets and it was the first time I saw a wave in the Senate gallery. So if we could give the Wilson High School Bulldogs our traditional warm welcome, and then I would like to do another introduction. The PRESIDENT. Would the Senate please join me in welcoming the Wilson High School Bulldogs to the Chamber ofthe Senate of Pennsylvania. (Applause.) The PRESIDENT. The championship soccer team and precision leg-crossing team as well. Senator BRIGHTBILL. Mr. President, at this time it is also my distinct honor to be able to introduce to the Senate the coach of the team, Mike Moyer. Mike has had really three outstanding seasons, but this one has been punctuated by the championship. So at this time I would like to present to the Senate Coach Mike Moyer of the Wilson High School Soccer Team, and he has brought along his son, Keegan. (Applause.) The PRESIDENT. We would appreciate the coach sharing a few remarks with us at this time. Coach Moyer. Mr. MOYER Thank you, Senator Brightbill, and thank you, Senator Mike O'Pake. On November 21, 1992, our team was fortunate enough to win the PIAA-AAA State Championship against a team from Delaware County, and we are, of course, from West Lawn, which is outside of Reading. We are very happy to be here. November 21 was our last playing date. This past Sunday evening was our banquet, and today is our culminating activity together as a team. So, we are very fortunate. Our players are very happy that we were invited here. We have had a terrific day, and thank you very much. (Applause.) Senator O'PAKE. Mr. President, as one who is privileged to represent part of the school district, under the new reapportionment plan, I would like to add to what Senator Brightbill said and point out that these are truly scholar athletes, because ofthe 25 members ofthe team, 18 are all academic. So I think that deserves special tribute. I would also like to mention, Mr. President, that retiring after this season is the assistant coach, Mr. Lee Hill, whom I would like to stand up, because Lee Hill has been a coach through 72 seasons at Kutztown University, at Wilson, and some other places. He is a tremendously dedicated individual whose whole life has been the development of student athletes in our area, and I would like the Chair to note his presence and express appreciation to Assistant Coach Lee Hill and wish him a happy retirement with our appreciation. Mr. Hill. The PRESIDENT. Would Mr. Hill please rise so that we could welcome you and thank you. (Applause.) Senator O'PAKE. Mr. President, in addition, up there with the coach and with the school principal, Mr. Herb Schoenly, is our all-american. Mr. Travis Berger is not only the most valuable player in the Berks County Soccer Association, but he was honored by the National Soccer Coaches Association, which named him to the all-american team, and I would ask that Travis Berger just rise and accept this proclamation from the Senate. Good luck at Penn State and in all future endeavors. Congratulations. (Applause.) CEREMONY IN COMMEMORATION OF GROUNDHOG DAY Senator STAPLETON. Mr. President, first of all, I want to commend all the athletes who are here with us today for the wonderful job they have done. But, Mr. President, today is another beautiful day in Pennsylvania, February 2, and if you can picture Gobblers Knob in the beautiful town of Punxsutawney, where the prog-

4 188 LEGISLATIVE JOURNAL - SENATE FEBRUARY 2, nosticator of all prognosticators. Punxsutawney Phil. again surrounded by the Groundhog Club Inner Circle. some 14 -members dressed in their top hats and their tails. and with an estimated crowd of a little over this morning. with national and international media coverage. yes. once again he awoke from his winter nap at 7:27. when Jim Means. who is Phil's interpreter and president of the Punxsutawney Groundhog Club Inner Circle. read a proclamation declaring 6 more weeks of winter. The shadow was there. which in groundhogese means that there will not be an early thaw this year. This forecast, Mr. President, was Phil's 106th, dating back to 1887, and local legend in Punxsutawney tells us that Phil drinks a special drink there that adds to the many years of his life. Now. this is the first time in the 22 years that I have been here that I have been able to get a container of that liquid, which I am going to offer to any ofthe Senators after Session if they want to come down to my office and we will share in this special occasion. I think it may help all ofus. and I think all of us need a little help. So. with that. Mr. President, I will close my 1993 groundhog report from Punxsutawney, and I know that Senator Annstrong has some words. But before I do that. I want to remind all ofthe Senators to please look over the editorial that was printed here about the movie that was made in our area, Bill Murray's new film entitled "Groundhog Day," and it is scheduled for national release on February 12. So please try to see that movie. which offers a little more about Punxsutawney, Pennsylvania. Thank you. Senator ARMSTRONG. Due to reapportionment, the Octoram Orphie area is now in my senatorial district, and I know Senator Wenger was very upset about that. He used to come up here on Groundhog Day and talk to you about what happened, but we could never understand a word he was saying because he always spoke in Dutch. I am going to speak in English this year so you will know what I am talking about. President Pennington, the Quarryville Slumbering Lodge president. announced to the world, atop his podium ofprognostication-and tothose with an untrained eye, it looks very much like a manure spreader-that Octoraro Orphie saw her shadow this morning. To my pleasure, I also heard that someplace in. the western part of the State. I think near Punxsutawney. Pennsylvania, a precocious prognosticator of pre-spring precipitation patterns, the prattling pixie of pomposity, the postulator of potentially picayune patter, Punxsutawney. Pennsylvania's own Phil. had also seen his shadow. For those who are listening who are not aware of the mysteries ofgroundhog Day, we all know that by seeing their shadows we will have 6 more weeks of winter. Groundhogs throughout the world have done this; however, two ofthe most important ones are in Pennsylvania. On this day, February 2 and I believe it is also the same day as Senator Mike O'Pake's birthday. I believe he was born on this same day, Groundhog Day-they come out, no matter what the temperature, and make this prognostication. I understand that they are making a movie. as Senator Stapleton mentioned, and Bill Murray will be featured in this. and I also understand that the State Board of Education is thinking about making this required viewing under OBE. under the cultural traditions and values section of OBE. One -of the interesting things about both Punxsutawney Phil and Octoram Orphie is that they have never, ever been wrong. In all the prognostications. neither one has failed, and this is of great pride to both the people in Punxsutawney and in the southern Lancaster area. One year. however. they did disagree - Phil saw his shadow and Orphie did not - and we thought there ~ould be a major problem in Pennsylvania, but it was not the case because over the mountains in the western part of the State it was cold for 6 weeks. and down in Lancaster and the southeast area of Pennsylvania we had rather warm temperatures for those 6 weeks. But no matter what specifics of groundhog history or meteorology we are looking at. we can be assured right now that because they both saw their shadows, we will have 6 more weeks of winter. The PRESIDENT. The Chair thanks both gentlemen, but would exercise the prerogative ofthe Chair. It just seems that it would not be correct if we did not hear from the other gentleman from Lancaster County, Senator Wenger. at this time. Senator WENGER. Well, I am sure that many of the Members of the Senate were disappointed with some of the situations that developed through reapportionment, but I think one of the greatest disappointments I had was the fact that I lost the Quarryville Groundhog Lodge and that area where they are located and so I can no longer officially participate in this very cultural exchange that we have each year on Groundhog Day. I suppose I could make a few comments in the Pennsylvania German dialect dealing with what has been predicted by the groundhogs: Brieder un schweschdere vun der Senaad, mir worra gwannt dennoch griege mir noch sechs meh woche winder wedder. Des iss net die vannenaus/saage vun bios mann, awwer liewer es iss die befehl vun Schteebruch Schtadt. Grundsou Orphie. Die menscht gscheit un menscht rechtschaffe wedder brofeet vun allezeit. Die Pennsilfaanisch Deitsch Bauere wisse es iss kee gebrauch fer die Grundsou fechde, so lockern un gen mit die Fliesse. Du die lang unnergleeder aw, griege engute versarye vun hols fer die feierblatz un rub, fer gewiss Friehyaahr wedderkoomt zeitlich. Thank you, Mr. President. The PRESIDENT. The Chair thanks the gentleman and would point out that his remarks made more sense than Senator Armstrong's. Senator WENGER Mr. President, also. on another item, if I may, I would like to be recognized to do an introduction, if that is appropriate at this time.

5 1993 LEGISLATIVE JOURNAL - SENATE 189 GUEST OF SENATOR NOAH W. WENGER PRESENTED TO SENATE Senator WENGER Mr. President, it is always a pleasure to introduce constituents who come.to visit the State Capitol, and I have the distinct pleasure today to do that, to introduce a constituent from Columbia, Pennsylvania. His name is Joel Newlin, and Joel is the Columbia High School Youth Day witmer. One of the many benefits that go along with being Youth Day winner is the fact that he gets to spend the day with the Pennsylvania Senate. How could anyone be so lucky? But anyhow, Joel is here today and he is acting as a guest Page and is seated right up front here in the front of our Chamber. First, let me say that not only is he a senior at Columbia High School and will be graduating this spring, but he plans to attend Penn State University this fall. So, I would like to introduce him to the Senate today with our best wishes for continued success. The PRESIDENT. Would Joel please rise so we could welcome you to the Senate ofpennsylvania, and thank you for your help. (Applause.) RECESS Senator LINCOLN. Mr. President, I would ask for a recess at this time for the purpose of a caucus down in the Democratic caucus room on the first floor, and I ask all Members to report to that room immediately. Senator JUBELIRER. Mr. President, I would ask that the Republican Members of the Senate report to the Minority Caucus Room to the rear of the Senate Chamber promptly at 2:15 p.m., in about 20 minutes. We will give another call, but I would ask that they come to the Minority Caucus Room at 2:15 p.m. Thank you, Mr. President. Senator LINCOLN. Mr. President, I would only remind the Members that at 3 p.m. we are scheduled for our biennual photo, and to my good friend, Senator Jubelirer, I would say that we may have to interrupt caucus if it is not completed by that time, and if we do that, we will return to caucus if that is necessary. The PRESIDENT. For purposes of Democratic and Republican caucuses, to be followed by the biennual photo, the Senate will stand in recess. AFTER RECESS The PRESIDENT. The time of recess having expired, the Senate will come to relative order. ANNOUNCEMENT BY THE CHAIR The PRESIDENT. For those Members who may be waiting in their offices, we are about to take the class photo, if you would report to the floor. Would the Members please clean off their desks. We are being told by the photographers that they would like to have your desks clean of all paper and other debris. (Session photograph was taken.) The PRESIDENT. The photo has been taken. The Chair thanks the Members for their cooperation and thanks the photographers for their patience. CONSIDERATION OF CALENDAR RESUMED THIRD CONSIDERATION CALENDAR BILL ON TIIIRD CONSIDERATION AMENDED SB 260 (pr. No. 321) - The Senate proceeded to consideration of the bill, entitled: An Act making appropriations to the Legislative Reapportionment Commission for legal expenses and the Attorney General for the Supreme Court investigation. On the question, Will the Senate agree to the bill on third consideration? Senator STAPLETON, by unanimous consent, offered the following amendment No. A0140: Amend Title, page I, line 3, by removing the period after "I NVESTIGATION" and inserting: and the Court Administrator of Pennsylvania for county court cost reimbmsement. Amend Bill, page 2, by inserting between lines 3 and 4: Section 3. (a) The sum of $26,838,000, or as much thereof as may be necessary, is hereby appropriated to the Court Administrator of Pennsylvania for the fiscal year July I, 1992, to July 30, 1993, for payment to counties as reimbursement for costs incurred by counties in the administration and operation of the courts of common pleas. (b) Reimbursement shall be provided on the following basis: for each common pleas court judge authorized position, whether filled or vacant within a judicial district, $67,500 per authorized position shall be provided. Judicial districts comprising more than one county shall be entitled to receive $67,500 per authorized common pleas court judge position; the amount payable to each county shall be determined by the proportion ofthe individual county's population in relation to the population of the entire judicial district. No county shall be reimbursed for costs above the actual direct costs, excluding capital outlays, incurred by them for the operation of the courts of common pleas. For the purposes ofreimbursement for common pleas court judge authorized positions, no county shall receive less than 67.5% of the actual reimbursement for court costs provided to them from funds appropriated for the fiscal year July 1, 1980, to June 30, (c) For the purpose of detennining the actual direct costs incurred by the counties in the administration and operation of the courts of common pleas, the costs as reported to the Department of Community Affairs in the county's annual audit and fmandal report forms under the heading "(a) Judicial," but confmed to the subheading "(4184) courts, excluding capital outlay," shall be used. If a city coterminous with a county does not report on the Department of Community Affairs' form, its figures from the same subheading, set forth in the department forms, shall be used. (d) All payments for reimbursement shall be made to the county treasurer and, in cities of the first class coterminous with counties of the fll'st class, to the city treasurer. (e) In making allocations and payments hereunder, the Court Administrator of Pennsylvania shall exclude all costs which are not properly reportable under the heading herein above specified. Any moneys payable to counties under this section shall be subject to a fll'st claim by any county which has not been heretofore properly

6 190 LEGISLATIVE JOURNAL - SENATE FEBRUARY 2, reimbursed within six months after billing for court costs incurred in relation to the disturbances at the conectional facility at Camp Hill in The Court Administrator shall make such payment at the request of any such county prior to the payment of unpaid court cost amounts to a county. 4 Amend Sec. 3, page 2, line 4, by striking out "3" and inserting: On the question, Will the Senate agree to the amendment? Senator BAKER Mr. President, I would like to thank the Senator from Indiana, Senator Stapleton, for introducing this amendment. I think it helps fulfill, on behalf of the Members of the Senate, the covenant that the State has with the counties ofthis Commonwealth, and I am happy tosupport this. I might indicate that I will be offering an amendment next week to cover part of the court costs that are not covered by the Stapleton amendment that have to do with the district justices, but I appreciate the Majority recognizing the needs of our counties. Thank you. And the question recurring, Will the Senate agree to the amendment? It was agreed to. The PRESIDENf. Senate Bill No. 260 will go over in its order as amended. SECOND CONSIDERATION CALENDAR BILLS ON SECOND CONSIDERATION lib 1 (pr. No.2) - The Senate proceeded to consideration of the bill, entitled: A Joint Resolution proposing amendments to the Constitution of the Commonwealth of Pennsylvania, changing provisions relating to judicial discipline. Considered the second time and agreed to, Ordered, To be printed on the Calendar for third consideration. SB 263 (pr. No. 271) - 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," providing for the establishment by the Department of Health of residential drug and alcohol treatment programs for pregnant women and mothers and their dependent children; and providing for certain training programs. Considered the second time and agreed to, Ordered, To be printed on the Calendar for third consideration. ANNOUNCEMENT BY MAJORITY LEADER Senator LINCOLN. Mr. President, on page 2 of the Calendar, Senate Resolution No.7, did we deal with that? The PRESIDENT. No, we did not deal with that. Does the gentleman wish to move that the bill be considered at this time? Senator LINCOLN. Mr. President, I would like to make a motion, but I would like to make a few remarks, infonnational remarks, to the Members prior to that. Mr. President, this is a resolution that will set into place a procedure in our rules to deal with impeachment trials. This is somewhat complicated and we hope to deal with this Monday or Tuesday of next week. However, tomorrow I believe Senator Lewis has an amendment that he would like to offer, and I would say to any other Member ofboth Caucuses that if you have any intentions of offering amendments, I would appreciate it if you would do it tomorrow. If you do not have them done tomorrow, there will be an opportunity to offer an amendment Monday, but I really would like to pass this by Tuesday of next week. Senator Lewis will be prepared to answer questions at the proper time, and all I am asking is that this resolution go over in its order today, but we will potentially be dealing with it tomorrow on amendments, and by Monday, for sure, the amendment process will be concluded The PRESIDENT. The Chair thanks the gentleman for the infonnation. RECESS Senator LINCOLN. Mr. President, I would request a temporary recess ofthe Senate for a meeting ofthe Committee on Rules and Executive Nominations to be held immediately off the floor in the Rules Committee room at the rear of the Chamber. Senator mbelirer Mr. President, I just want to remind all Members of the Senate, Republican and Democrat alike, that there are some significant votes still to be taken, and anybody who has gone to their office, I would hope that they pay heed to the speakers, because there are some significant votes yet to be taken after the meeting of the Committee on Rules and Executive Nominations. Thank you. The PRESIDENT. The Chair's understanding is that this will be but a brief committee meeting, so I would request all of the Members to stand by so that we can proceed with the business at hand immediately afterward For the purpose of a meeting of the Committee on Rules and Executive Nominations to begin immediately, the Senate will stand in recess. AFTER RECESS The PRESIDENT. The time of recess having expired, the Senate will come to order. REPORT FROM COMMITTEE Senator LINCOLN, from the Committee on Rules and Executive Nominations, reported the following bill: SB 267 (pr. No. 369) (Amended) (Rereported) An Act amending the act of March 10, 1949 (P. L. 30, No. 1~), entitled "Public School Code of 1949," requiring a report of certam racial and ethnic groupings; further providing for school tax levies in

7 1993 LEGISLATIVE JOURNAL - SENATE 191 certain districts of the third class; providing for instructional support, for payments to intermediate units and for special education payments to school districts; and creating a fund for payments to approved private schools. REPORT FROM COMMITTEE ON RULES AND EXECUTIVE NOMINATIONS Senator AFFLERBACH, by unanimous consent, from the Committee on Rules and Executive Nominations, reported the following nominations, made by His Excellency, the of the Commonwealth, which were read by the Clerk as follows: MEMBER OF TIlE BOARD OF CLAIMS December 2, 1992 the advice and consent of the Senate, James W. Harris, 6113 Cbaring Cross, Mechanicsburg 17055, Cwnberland County, Thirty-flJ"St Senatorial District, for appointment as a member of the Board of Claims, to serve until November 15, 2000 and until his successor is appointed and qualified, vice Stanley A. Miller, Harrisburg, whose term expired. INSURANCE COMMISSIONER December 8, 1992 the advice and consent ofthe Senate, Cynthia Maria Maleski, Esquire, 137 Oak Manor Drive, Natrona Heights 15065, Allegheny County, Fortieth Senatorial District, for appointment as Insurance Commissioner, to serve until the third Tuesday of January 1995 and until her successor shall have been appointed and qualified, vice The Honorable Constance Foster, Hershey, resigned. JUDGE, COURT OF COMMON PLEAS, ALLEGHENY COUNlY January 6, 1993 the advice and consent of the Senate, Lawrence 1. O'Toole, Esquire, 1134 Sheridan Avenue, Pittsburgh 15206, Allegheny County, Thirtyeighth Senatorial District, for appointment as Judge of the Court of Common Pleas of Allegheny County, to serve until the flj"st Monday of January, 1994, vice The Honorable George H. Ross, mandatory retirement. NOMINAnONS LAID ON TIlE TABLE Senator AFFLERBACH. Mr. President, I request that the nominations just read by the Clerk be laid on the table. The PRESIDENT. The nominations will be laid on the table. ' COMMUNICATION FROM THE GOVERNOR TAKEN FROM THE TABLE Senator AFFLERBACH, byunanimous consent, called from the table a communication from His Excellency, the of the Commonwealth, recalling the following nomination, which was read by the Clerk as follows: MEMBER OF TIlE BOARD OF TRUSTEES OF TIlE CENTRAL YOUTII DEVELOPMENT CENTERS January 28, 1993 To the Honorable, the Senate ofthe Commonwealth of In accordance with the power and authority vested in me as of the Commonwealth, I do hereby recall my nomination dated December 8, 1992 for the appointment of Allen E. Hench, Esquire, 220 Market Street, Newport 17074, Peny County, Thirtyfourth Senatorial District, as a member of the Board of Trustees of The Central Youth Development Centers, to serve until the third Tuesday of January 1993, and until his successor is appointed and qualified, vice Dr. Ralph C. Swan, New Bloomfield, whose term expired. I respectfully request the return to me ofthe official message on nomination on the premises. NOMINAnON RETIJRNED TO THE GOVERNOR Senator AFFLERBACH. Mr. President, I move that the nomination just read by the Clerk be returned to His Excellency, the. The motion was agreed to. The PRESIDENT. The nomination will be returned to the. LEGISLATIVE LEAVE Senator LINCOLN. Mr. President, I request a temporary Capitol leave for Senator Furno. The PRESIDENT. Senator Lincoln requests a temporary Capitol leave for Senator Furno. The Chair hears no objection, and that leave will be granted. 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.

8 192 LEGISLATIVE JOURNAL - SENATE FEBRUARY 2, Which was agreed to. NOMINATION TAKEN FROM TIlE TABLE Senator AFFLERBACH. Mr. President, I call from the table a certain nomination and ask for its consideration. 1he Clerk read the nomination as follows: DISTRICT JUSTICE NOMINATION TAKEN FROM TIlE TABLE Senator AFFLERBACH. Mr. President, I call from the table a certain nomination and ask for its consideration. The Clerk read the nomination as follows: MEMBER OF TIlE DELAWARE COUNIY BOARD OF ASSISTANCE December 29, 1992 January 4, 1993 the advice and consent ofthe Senate, D. Dodie DeGrnttola, 222 South Morrow Street, Blairsville 15717, Indiana County, Forty-fIrst Senatorial District, for appointment District Justice in and for the County of Indiana, Magisterial District , to serve until first Monday of January, 1994, vice Angelo Cravotta, mandatol}' retirement. On the question, Will the Senate advise and consent to the nomination? LEGISLATIVE LEAYES Senator LINCOLN. Mr. President, I request temporary Capitol leaves for Senator Andrezeski and Senator Mellow. The PRESIDENT. Senator Lincoln requests temporary Capitol leaves for Senator Andrezeski and Senator Mellow. The Chair hears no objection, and the leaves will be granted. And the question recurring, Will the Senate advise and consent to the nomination? The yeas and nays were required by Senator AF FLERBACH and were as follows, viz: AfileIbach Andrezeski Belan Bodack Bortner Dawida Fattah Annstrong Baker Bell Brightbill Corman Fisher Furno Jones LaValle Lewis Lincoln Lynch Greenleaf Hart Helfrick Holl Jubelirer Lemmond YEAS-25 Mellow Musto O'Pake Pecora Porterfield Reibman NAYS-24 Loeper Madigan Mowet}' Peterson Punt Rhoades Scanlon Schwartz Stapleton Stewart Stout Williams Robbins Salvatore Shaffer Shumaker Tilghman Wenger A constitutional majority of all the Senators having voted "aye," the question was determined ir. the affirmative. Ordered, That the be informed accordingly. To t)le Honorable, the Senate of the Commonwealth of the advice and consent ofthe Senate, Ruth H. Craig (Democrat), 644 Old Lancaster Road, Bryn Mawr 19010, Delaware County, Seventeenth Senatorial District, for appointment as a member of the Delaware County Board of Assistance, to serve until December 31, 1995, and until her successor is appointed and qualified, to add to complement. On the question, Will the Senate advise and consent to the nomination? The yeas and nays were required by Senator AF- FLERBACH and were as follows, viz: YEAS-25 Afflerbach Furno Mellow Scanlon Andrezeski Jones Musto Schwartz Belan LaValle O'Pake Stapleton Bodack Lewis Pecora Stewart Bortner Lincoln Porterfield Stout Dawida Lynch Reibman Williams Fattah NAYS-24 Armstrong Greenleaf Loeper Robbins Baker Hart Madigan Salvatore Bell Helfrick Mowery Shaffer Brightbill Holl Peterson Shumaker Corman Jubelirer Punt Tilghman Fisher Lemmond Rhoades Wenger A constitutional majority of all the Senators having voted "aye," the question was determined in the affirmative. Ordered, That the be informed accordingly. NOMINATIONS TAKEN FROM TIlE 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 TIlE PENNSYLVANIA COUNCIL ON AGING January 8, 1993

9 1993 LEGISLATIVE JOURNAL - SENATE 193 the advice and consent of the Senate, John Kordish, 103 North Front Street, P. O. Box 550, Clearfield 16830, Clearfield County, Thirtyfifth Senatorial District, for reappointment as a member of the Pennsylvania Council on Aging, to serve until October 8, 1995 and until his successor is appointed and qualified. MEMBER OF TIlE CRAWFORD COUNIY BOARD OF ASSISTANCE December 8, 1992 the advice and consent of the Senate, Kerry D. Corbett (Democrat), R. D. #1, Cambridge 16403, Crawford County, Fiftieth Senatorial District, for appointment as a member ofthe Crawford County Board of Assistance, to serve until December 31, 1993, and until his successor is appointed and qualified, vice Nancy B. Roeder, whose term expired. MEMBER OF TIlE PENNSYLVANIA HUMAN RELATIONS COMMISSION December 8, 1992 the advice and consent of the Senate, Wilbert D. Chrisner, III, 506 Lloyd Street, Pittsburgh 15208, Allegheny County, Forty-third Senatorial District, for appointment as a member of the Pennsylvania Hwnan Relations Commission, to serve until February 21, 1994 or 1mtil his successor is appointed and qualified, vice Linda Weaver, Johnstown, resigned. MEMBER OF TIlE MCKEAN COUNIY BOARD OF ASSISTANCE December 8, 1992 the advice and consent of the Senate, Karen K. Dougherty (Democrat), 585 Seaward Avenue, Bradford 16701, McKean County, Twenty-fifth Senatorial District, for appointment as a member of the McKean County Board of Assistance, to serve until December 31, 1994, and until her successor is appointed and qualified, vice Mary D. Mackowski, Bradford, resigned MEMBER OF TIlE STAlE BOARD OF PIiARMACY December 9, 1992 the advice and consent of the Senate, Ethel S. Walker (Public Member), 720 Harding Avenue, Williamsport , Lycoming County, Twenty-third Senatorial District, for reappointment as a member of the State Board of Pharmacy, to serve for a term of six years or until her successor is appointed and qualified, but not longer than six months beyond that period. MEMBER OF TIlE BOARD OF lruslees OF SCRANTON STAlE SCHOOL FOR TIlE DEAF December 8, 1992 the advice and consent of the Senate, Hany W. Wilson, Jr., R. D. 3, Hilltop Drive, Tunkhannock 18657, Wyoming County, Twentieth Senatorial District, for reappointment 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 MEMBER OF TIlE STAlE BOARD OF VETERINARY MEDICINE December 8, 1992 the advice and consent of the Senate, Dean C. Rishel (Public Member), Box 65, Coburn 16832, Centre County, Thirty-fourth Senatorial District, for reappointment as a member of the State Board of Veterinary Medicine, 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. On the question, Will the Senate advise and consent to the nominations? The yeas and nays were required by Senator AF- FLERBACH and were as follows, viz: AffieIbach Andrezeski Armstrong Baker Furno Greenleaf Hart Helfrick YEAS-49 Lynch Madigan Mellow Mowery Robbins Salvatore Scanlon Schwartz

10 194 LEGISLATIVE JOURNAL - SENATE FEBRUARY 2, Belan Bell Bodack Bortner Brightbill Connan Dawida Fattah Fisher Holl Jones Jubelirer LaValle Lenunond Lewis Lincoln Loeper Musto O'Pake Pecora Peterson Porterfield Punt Reibman Rhoades NAYS-O A constitutional majority of all the Senators having voted "aye," the question was detennined in the affinnative. Ordered. That the be infonned accordingly. EXECUTIVE SESSION RISES Shaffer Shumaker Stapleton Stewart Stout Tilghman Wenger Williams Senator AFFLERBACH. Mr. President, I move that the Executive Session do now rise. The motion was agreed to. LEGISLATIVE LEAVE CANCELLED The PRESIDENf. The Chair recognizes the presence on the floor ofsenator Tim Shaffer. His temporary Capitol leave will, in fact, be cancelled. LEGISLATIVE LEAVES Senator LINCOLN. Mr. President, I request a temporary Capitol leave for Senator Williams, who has been called to his office. The PRESIDENf. Senator Lincoln requests a temporary Capitol leave for Senator Williams. The Chair hears no objection. That leave will be granted. Senator JUBELIRER Mr. President, I ask for a temporary Capitol leave for Senator Robbins, who had to leave the floor. The PRESIDENT. Senator Jubelirer requests a temporary Capitol leave for Senator Robbins. The Chair hears no objection. That leave will be granted. SPECIAL ORDER OF BUSINESS SUPPLEMENTAL CALENDAR NO.1 THIRD CONSIDERATION CALENDAR BILL REREPORTED FROM COMMITTEE AS AMENDED ON THIRD CONSIDERAnON AND FINAL PASSAGE SB 267 (pr. No. 369) - The Senate proceeded to consideration of the bill, entitled: An Act amending the act of March 10, 1949 (P. L. 30, No. 14), entitled "Public School Code of 1949," requiring a report of certain racial and ethnic groupings; further providing for school tax levies in certain districts of the third class; providing for instructional support, for payments to intetmediate units and for special education payments to school districts; and creating a fund for pa)'1l1ents to approved private schools. On the question, Will the Senate agree to the bill on third consideration? Senator FISHER, by unanimous consent, on behalf of himself: Senator HART and Senator PUNT, offered the following amendment No. AO158: Amend Title, page 1, line 8, by inserting after "support,": for curriculum requirements, Amend Sec. 4, page 3, line 30, by striking out all of said line and inserting: Section 4. The act is amended by adding sections to read: Section Curriculum Reguirements.-<a) The regulations adopted by the State Board ofeducation in fmal fotm on January 14, relating to student learning outcomes and outcome-based education are null and void. Notwithstanding any other provision oflaw to the contrary. the Legislative Reference Bureau may not publish the regulations referred to in this subsection in the Pennsylvania Bulletin as a fmal-form regulation, as defmed in section 3 of the act of June (P.L.633. No.18l), known as the "Regulatory Review Act.' (b) The State Board ofeducation shall not have any authority tc promulgate goals or outcomes which deal with values. morals or othel affective or nonacademic subjects. As used in this subsection. "affective subjects" means subjects dealing with emotions. feelings, moods, opinions or sentiments. Amend Bill, page 10, by inserting between lines 22 and 23 Section 10. All acts and parts ofacts are repealed insofar as they are inconsistent with this act. Amend Sec. 10, page 10, line 23, by striking out "10" and inserting: 11 Amend Sec. 11, page 10, line 29, by striking out "11" and inserting: 12 On the question, Will the Senate agree to the amendment? Senator FISHER Mr. President, I rise to ask for support fol this amendment to Senate Bill No My amendment would seek to invalidate and declare null and void the regulations adopted by the State Board of Education at their meeting or January 14, 1993, dealing with the very controversial subject of outcome-based education, or abe. Each and every one ofus, I believe, has heard overwhelmingly from the constituents whom we represent relative to theij concerns with abe. Not only do our constituents have deer concerns about the direction ofabe, they are concerned abou what the content will be of education in future years il Pennsylvania. They are concerned about the process that ou children will be put through in future educational years, an< they are concerned, just as I am, with the process which ha: been followed that has led to the adoption ofthese regulations by the State Board of Education. Mr. President, I know that during the course ofthe last yea! and a half to 2 years, the State Board has been reviewing this change in education, and up until the past 6 or 8 months there was little public knowledge or participation into the process itself. Very few people knew what the tenn "abe" meant until 6 to 8 months ago, but since then the overwhelming reaction of the people whom I have spoken to, and I have spoken to them in my district and allover southwestern Pennsylvania, has been one of doubt, it has been one of fear. Mr. President, there may be some good aspects of OBE contained within the January 14 regulations and also within the structure of the regulations that had been approved in the previous year, which are also part and parcel of the entire

11 1993 LEGISLATIVE JOURNAL - SENATE 195 package, but as a result of the concern, and I believe the very justifiable concern, that has been shown, there is so much doubt and so much controversy that I believe that to go forward with this regulatory change in the name of educational reform would be one of the biggest mistakes we could make for the children of this Commonwealth. Mr. President, this amendment is different than the amendment that I offered in November. In November, I proposed that any decision on learning outcomes or outcome-based education should be the exclusive province of the General Assembly. I had the opportunity to discuss this concept after the discussion here on the floor of the Senate with many of my colleagues, both here in the Senate and in the House, and with others concerned ineducational policy, and I was convinced that it could be a mistake to say that all curriculum decisions dealing with outcomes or goals in the future would be within our exclusive jurisdiction, and as a result, the amendment which I am offering here today is modified from the November version. But what it does in the second part ofthe amendment is state: "The State Board of Education shall not have any authority to promulgate goals or outcomes which deal with values, morals or other affective or nonacademic subjects." And we define "affective subjects" as meaning, "subjects dealing with emotions, feelings, moods, opinions or sentiments." Mr. President, I think this is the real crux of what the debate has been all about. I have some doubt that the process change of education, of going from an objective testing standard using the Carnegie unit to a more subjective standard that will test each and every individual pupil based on a set of academic goals, I have some doubt as to whether or not that is the proper way to go across the Commonwealth, but I would be willing to see pilot projects set up in various districts, and some of the school districts in my district are willing to be pilots to see the process change. But I do not think under any set ofcircumstances should we allow the State Board or should we allow the process to bring before us, as they have, a set of goals that will deal with the nonacademic issues that have led to much of this controversy. So, as a result, my amendment would do two things. It would make the January 14 regulations null and void, but at the same time, it would not divest the State Board of Education ofall authority to deal with goals and outcomes but would limit their authority to academic subjects. Mr. President, I believe ifwe adopt this amendment we can eliminate much, if not all, of the controversy that has developed throughout this Commonwealth over outcome-based education. There are many needs in education. As we all have understood over the past few years, the solutions to our problems of education are not going to be solved by throwing money at the problem. The problems have to be solved by changes which will allow our children to learn the basics, to learn better how to read, to learn how to write, to learn mathematics, to learn science. But I do not believe that we should allow the system to proceed in such a fashion that all of our students will be gauged as to what they think, whether or not their thinking is consistent with the thinking of some bureaucrat in Harrisburg, or, just as bad, some bureaucrat at a local school district level. Mr. President, I am likewise concerned about the fiscal impact ofa move to outcome-based education. Nowhere in the regulations, and I have not seen any bill that has been before us that proposes to pay for the changes for OBE. Some have suggested that the individualized education plans which will be needed for each and every student across this Commonwealth will be an astronomical sum. Some have even said to me-and I hope this is not true-that the very bill that we are debating, Senate Bill No. 267, has money contained within it, that some of that money which was intended for our special education students will actually be used to fund the changes in OBE. Mr. President, I believe this issue can be resolved and can be resolved in a way in which we can make some true and significant reforms in our educational system ifwe scrap what has been done to date and we start anew. Mr. President, my concerns are someone-and I am sure if it is not the gentleman from Fayette, Senator Lincoln, it will be one of the other speakers-will say that there is a legislative process in place. I heard yesterday that there is a legislative process of which I was even one of the cosponsors, and that is correct. But the independent regulatory review process is not one that is flawless, and it is one that does not give the rank-and-file Members ofthe General Assembly the opportunity to reject a regulatory package unless the Committees on Education of both the House and the Senate propose that concurrent resolution for our consideration. Mr. President, I have heard today that perhaps some may vote against this amendment under the belief that a resolution that will soon be reported by the Committee on Education, which will attempt to give us an opportunity to vote on OBE, will be the solution. I say to the Members of the Senate that voting on a resolution at this time would be a futile act. It might send some signal to IRRC, but I guarantee you that unless IRRC goes along with the process and unless the Committees on Education not only of this Senate but of the House report out concurrent resolutions, that resolution will be for naught. Mr. President, I believe the solution to the mess that has been created over OBE is right before us. Scrap what has been done, or what was adopted on January 14, limit the power of the State Board of Education to proceed forward to the academic subjects, and, hopefully, allow true education reform to move forward in this Commonwealth. Mr. President, I would ask for an affirmative vote on my amendment to Senate Bill No Senator LINCOLN. Mr. President, I fully intend to be part of a debate on this issue at some time when it is more a~ propriate and when it is actually the issue that should be before us. I am asking today for a "no" vote on this amendment, and I am asking that not because of the merit of this amendment or the lack of merit of this amendment. I am asking because we have a special education funding bill in front of us that is a product ofthe kind ofefforts sometimes that are made in this General Assembly that end up being not what we would be

12 196 LEGISLATIVE JOURNAL - SENATE FEBRUARY 2, really proud of if we would take a good, hard look at it, and that is that this special ed bill should have been passed a long time ago. Now is the time to do it. Now is the time to do it without any particular controversial issues being placed in it. I think we have a responsibility more to students who are already part of the education process for which we are responsible. I believe we will have an opportunity to debate outcomebased education not just once in the future but probably many times because it is an exciting issue and one that brings out a great deal of debate, but right now I would ask, in the best interest of all the special education students in this Commonwealth, that this amendment be defeated Senator BELL. Mr. President, I had in my office today representatives of two intennediate units, and I do not recall the amount, but one State, I believe it is in the New England area, worked in this field and it cost a tremendous amount of money per school district. I am not going to say how much it is-and I wish the Majority Leader could put it in the record because he is more accurate and this is his specialty-but too many times we have put mandates on local school districts and did not follow them up with the money. I know the IRRC process. As chainnan of the Committee onconsumer Protection and Professional Licensure, I think we sent more regulations to them than any other committee, and I think unless we act, the chainnen ofthe two respective Committees on Education could have an awful lot of weight in seeing that their committees do not condemn the regulations that came from the State Board of Education. Now I am going to put the figure that I recall per school district into the record, and I will be mistaken and admit my mistake if I am not correct. The figure given to me was $700,000 per school district. I think we have, what, 1,500 school districts? Five hundred and one. I am way off. But how.many millions of dollars is this going to create on the backs of our taxpayers, and where are we going to get the money? Senator HART. Mr. President, I rise in support of the amendment for all the reasons that the gentleman from Allegheny, Senator Fisher, stated, and then some. Once again we have almost lost the opportunity to debate OBE on the Senate floor. I must take issue with the Majority Leader's discussion about the opportunity that we will have in the future to discuss OBE. We almost missed that opportunity today. The regulations were approved by the State Board of Education. They will be considered by IRRC. They will be considered by the Committees on Education in the House and Senate. The time to discuss OBE is now. The time to answer our constituents' concerns is now. This proposed system of changes known as OBE will be one of the most sweeping alterations in the history of education in Pennsylvania. We in the legislature cannot simply ignore the significance of this change and we cannot ignore the still unanswered concerns about OBE that have been raised by parents, educators, administrators, and all taxpayers from every comer of the Commonwealth. We also cannot ignore the fact that the ultimate cost to the taxpayers, as the gentleman from Delaware, Senator Bell, stated, is unknown. The cost has not been established. OBE has been a cause for concern among my constituents since we first considered it last year in the Committee on Education. At that point in time it seemed as though everyone in the so-called education establishment was in support of OBE. Since then it seems support has begun to falloff. Recently, I heard that the superintendents organization in one ofthe counties which I represent decided that they were not in favor ofimposition ofobe. Since this may be the only opportunity that we in the legislature will have to discuss and to derail OBE, I recommend a positive vote on this to give us more of a chance to study it and make sure that before we use ourstudents in Pennsylvania as guinea pigs, we make sure that what we will do will be an improvement. Thank you, Mr. President. Senator LINCOLN. Mr. President, as is the case in many issues that are very controversial, there are misstatements of fact, and one of the things that I think we have to be aware of is the ease with which it is done in this particular issue. The Senator from Westmoreland and Allegheny, Senator Hart, spoke ofthe Westmoreland County superintendents, and I took the time, when I heard that rumor, to talk to them and they only object to anything in these regulations which would indicate an additional spending on their part without funding from the State. Senator Fisher made a statement about Senate Bill No. 267 having money in it that would be spent on these regulations. I guess you could probably stretch that out far enough to say, yes, some of those regulations may apply to special education, but there is nothing else in any way, any shape, any form, in Senate BilL No. 267 that would apply to these regulations, nothing whatsoever. The other thing that I would like to inform everyone, including Senator Hart, is that we, the General Assembly, are not in jeopardy ofmissing an opporturuty to debate this issue. We in the General Assembly have not even been legally notified by the State Board that those regulations were approved by the State Board. And until such time that the House ofrepresentatives organizes and has a Committee on Education to receive that legal statement, we have a period of time that will run after that notification takes place. There will be debate on this issue. There will be debate on this issue at some point in time in the very near future. It is not an issue that can be taken lightly without debate. And through the whole process yesterday and today, I have not said to one Member you are going to be denied the opportunity to debate this issue. I have consistently said from the very beginning when Senator Fisher let us know that he was going to offer an amendment that I objected to it on the basis of the content of Senate Bill No. 267, the importance ofthe special education funding process, the fact that we have had a court order this payment to be made on Januaty 28, and we have another one coming on March 28. I will continue to express my concern about the special education student in this Commonwealth and I will be relentless in that effort ofmaking sure that everyone in this Chamber knows that the vote today is

13 1993 LEGISLATIVE JOURNAL - SENATE 197 going to be taken on the basis of the importance of special education and will have nothing to do with the merit of Senator Fisher's amendment, and I ask for a negative vote. LEGISLATIVE LEAVE Senator LINCOLN. Mr. President, I request a temporary Capitol leave for Senator Dawida. The PRESIDENT. The Chair hears no objection. That leave will be granted. And the question recurring, Will the Senate agree to the amendment? Senator FISHER Mr. President, will the gentleman from Fayette, Senator Lincoln, stand for interrogation? The PRESIDENT. Will the gentleman from Fayette, Senator Lincoln, permit himself to be interrogated? Senator LINCOLN. I will, Mr. President. Senator FISHER Mr. President, the gentleman indicated that we would have an opportunity at some future time to debate OBE in this Senate. Could he tell me what he is contemplating when he says that? Senator LINCOLN. Mr. President, I would contemplate a number of issues. One, a resolution could be debated on the floor. There could be action taken by the Senate Committee on Education that would warrant some further debate on their activity. There could be a bill introduced. There could be an amendment to another bill. I have absolutely no plan whatsoever for that happening other than I know there are several options available, and they will be pursued. Senator FISHER. Mr. President, is the gentleman aware that under the statute governing the independent regulatory review process, unless the Committees on Education ofthis Chamber and of the House report out a concurrent resolution, the Members who are non-education Committee Members may not have an opportunity to vote on this issue? Senator LINCOLN. Mr. President, I am aware of that, and I also want to tell you that I did not vote for Senate Bill No. 1. I, along with Senator Scanlon, was successful for a period of 6 months in doing away with the Independent Regulatory Review Commission. I am not content today to stand here and defend something that I do not believe is correct. I am prepared at any time in the future when the gentleman wants to address the issue to do something about that, but the law right now provides for certain options. Those are, that the Committee on Education can or cannot agree with what has taken place, they can agree partially, they can agree totally, or they can disagree totally. The system was set up for the committees to be the persons and the avenue for those types of effort~ to be made. I have no quarrel with changing the law, b~t ~ght now I am telling you that I am very strict in my thinking about how we should be applying it under these circumstances. Senator FISHER Mr. President, would the gentleman from Fayette, Senator Lincoln, then agree with me that, in fact, unless the Senate Committee on Education reports out a concurrent resolution, the Members ofthis Senate will not have an opportunity to vote up or down on the issue of OBE? Senator LINCOLN. Mr. President, I totally disagree with that. A resolution could be introduced, brought to the floor, and every Member on this floor, in this Chamber, will have an opportunity to debate that, put forth their ideas, amend the resolution, vote on final passage, and that is a very clear indication to everybody else involved in this process as to whether there is support or no support coming from the Senate Chamber in Pennsylvania. Senator FISHER Mr. President, is the gentleman from Fayette, Senator Lincoln, aware that that kind of resolution is one that certainly would be nonbinding not only on the Education Department but also on the? Senator LINCOLN. Mr. President, I would have no quarrel with that final analysis ofthe law by Senator Fisher, but I also would say to Senator Fisher that in any education bill that deals with the Pennsylvania School Code, he has the opportunity to do exactly what he is doing right now, and I believe that we probably will see this done over and over and over again. My objection is to the bill that we are dealing with in this issue today. Senator FISHER Mr. President, could I make a few additional remarks? The PRESIDENT. The gentleman is recognized for some remarks. Senator FISHER Mr. President, I just wanted to attempt to clarify what the plans of the Majority Leader were and what the format, the rather cumbersome format-and I will be the first to admit that it is cumbersome-provides in the consideration of resolutions that would have the force of law to reject regulations such as OBE. I do not think any of the Members of this Senate who are about to cast a vote on this very important amendment should be fooled for I minute that, in fact, the process under the regulations is going to give them a guaranteed opportunity to reject these regulations at a later time. It just is not going to happen. And the process that Senator Lincoln alluded to, I do not want to be standing here time and time again offering this amendment every time there is an Education Code bill. Mr. President, this issue is too important. It is too important to the children all across this Commonwealth, it is too important to the educational future ofthis Commonwealth, and it is too important to the future of this Commonwealth as a whole. I think we should grab the bull by the horns today, tell the State Board of Education once and for all we are not satisfied with what they have done, clearly and strictly define for them the areas where they can adopt goals and outcomes and try to move forward in the area of education reform. I am not saying this is the absolute last chance, but this is the opportunity with a special education bill which we all know is going to be passed in this Chamber today and probably quickly passed in the House of Representatives and sent to the, this is the opportunity for us to scrap a process that has gone awry, that has our citizens all concerned, and to start anew in education reform. Mr. President, I think the time is now. Let us undo the

14 198 LEGISLATIVE JOURNAL - SENATE FEBRUARY 2, damage that has already been done by OBE. I would ask for your affinnative support for this amendment. Senator RHOADES. Mr. President, maybe the best way I can start off today is, today is an opportunity to find out what kind ofleaders we have in the General Assembly, because that is what this takes. And unfortunately-and I am not being political on this in any way, shape, or fonn-the told me maybe 2 or 3 months ago, before he got involved, that we need a strong hand, we need" someone to make a commitment, we need someone to do something. The Department ofeduca tion has not been as effective as what they should have been in getting the information out, and, likewise, the support groups, from' business, to superintendents, to principals, to teachers' organizations, to the PTA, to home economics teachers who support OBE-I like to call it RBE, results-based education, because that is what we are looking for, resultsthese people have not done the job to get the word out. Meanwhile, those who have a special interest are using this means to beat it down because they want to put into the school what they want. American education, which has been our strength, our strength of democracy, because when Thomas Jefferson put it in a long time ago it was to make us more intelligent, to make us a better society, to make us a better country, and to enhance and strengthen democracy. We have people who want to say democracy for me, but if you are someone else and I do not like you, I am going to put you out because I do not like your value system. I do not like the way you look. I do not like your attitude. It is about time we stand up and start saying America is for evei)'one. Give our kids the opportunity to leam, to move into the 21 st centuty. The easiest thing: ask yourself, is education in Pennsylvania improving, maintaining itself, ordeclining? It is declining. You know it is as well as I do, because I have listened to many people get up here and berate the SAT scores and all that other kind ofjunk. So we have given to the State Board, which this General Assembly created and to which this General Assembly, particularly this body, the Senate, confinns the Members who sit there, we have given them the responsibility, while other States have moved ahead ofus - Kentucky, Connecticut, New Jersey, Kansas, the Dakotas, and evel)'body else - while they all moved ahead, we gave them the responsibility and said, get it done. Give us something that will work. Give us something so that kids do not sit there for 180 days, or 990 hours, and we give them a stamp of approval, like cattle, and push them out and yet they do not know anything. We said, we want something that holds kids accountable, that holds teachers accountable, that holds administrators accountable, and school boards accountable. And this is what this attempts to do, hold people accountable. Assessment measures, results say get the job done. That is what 2 to 3 years of hearings by the State Board did. I think there were approximately 30 hearings, and if anybody tells me they were not advertised and they were not public, then I must say we probably should send them back to school because they do not know how to read either. They were advertised. I remember sitting in the State Board meetings and asking again and again where they were at so that this point would get out at least to the media and evei)'one else that they were public and you could participate. This Chamber, while I was c~r, held a hearing in Chambersburg and at Kings College. Senator Reibman was there, Senator Hart was there, and I was there. So you had an opportunity to participate, members ofthe education community and the rest, to see what people were saying. So do not come and tell me no one had a chance to participate. It has been ongoing and it has been long. The other thing, folks, infonnation in the world doubles evti)' 8 years. There is no one here who can learn that much or teach that much, so somewhere it has to be defined-and outcome-based does that-what are the bare essentials that you must master to be able to survive in today's world, and then add to that the ability to be able to research and find that information among all that which is doubling. And that is what outcome-based is attempting to do. It has taken them 2 to 3 years by the State Board to get that in line. It will take at least 3 years to get it implemented, and it will take maybe another 5 or 6 years to get it rolling and to keep it going smooth. Do you want to block it now? Go ahead. Because ifyou block it now, you throw it out, nothing is going to happen for 2 years, and then by that time you will have another -I do not care if it is a Republican or a Democrat-who is going to come in with another thing. So, what happens to all our kids during that time? Well, we sit them in there for 180 days, for 990 hours, and if they are good and they behave and they get a D, we move them on. Now, you tell me how in God's name-and I say this, and you heard it before-we can sit here and say, well, Johnny, you got a D in Algebra I. You can do Algebra II. Anybody with any common sense knows that is not right, and if we have problems with kids learning how to read and write, it is our fault because we are not doing anythi~. " We have a chance to be leaders today in Pennsylvania. It is not an easy decision, but you have to fight out there for the kids so that we can give them what they need. Another point, too, is I see in the amendment it says, "The State Board of Education shall not have any authority to promulgate goals or outcomes which deal with values, morals or other affective or nonacademic subjects. As used in this subsection, 'affective subjects' means subjects dealing with emotions, feelings, moods,. opinions or sentiments." When I taught U.S. history, there was a section in the document called the Declaration of Independence that said that everyone is entitled to life, liberty, and the pursuit of happiness. Can anyone define for me objectively what happiness is? Or liberty? Or life? Would that be an opinion or a sentiment? And then if I go back and use a little textbook, "History, geography, economics, sociology"-that is the study ofsociety or cultures and families. I do not think we want to get into that because we are going to scare some groups--"political theory and practice, and other content subjects are taught to enrich the civic experiences and to facilitate the development ofthe social consciousness which are fundamental to the success ofdemocracy." Now, if I were to teach life, liberty, and the pursuit of hap-

15 1993 LEGISLATIVE JOURNAL - SENATE 199 piness today, am I teaching subject matter, or am I teaching opinions or sentiments, or a philosophy? Am I attempting to create a feeling or a certain mood or a certain emotion? I would say as a teacher I hope to God I am; that that student is proud of being an American, of being a Pennsylvanian, of knowing that in Philadelphia in Independence Hall people had the courage to stand up and do what was right. When we teach our kids in elementary school the Pledge of Allegiance, that is just a bunch ofwords. That is all it is. But they are not taught just to recite words, they are taught the meaning, I pledge allegiance to the United States ofamerica. And when we teach them the National Anthem, that is not a bunch of words. Now, if you want to measure that, then you find me the test to measure it. You want to make it an objective? You find me the objective measurement. Ifwe do not teach our kids that, then we are going to end up with editorials like one in the Philadelphia Inquirer today, "Guns in schools. Metal detectors are part of the solution." If this is not because there is a lack of values, because there is a lack of directionlet me take this from Dr. Moloney, Superintendent ofschools in Easton, which was also in this morning's Philadelphia Inquirer, "From time immemorial, successful societies and their education systems have depended on moral foundations of shared values and mutual obligations. If we lose this most basic ofall basics, then whether Johnny can read or write may prove tragically irrelevant." And that is what it comes down to, folks. Now is the time to stand up here, have some courage, have some foresight, have some dedication, because if we do, we will do for the kids what really has not been done for us and what we want to change. My other point, too, and I guess I have to ask you this question, along with the regs, and let me just use one. Let me point something else out. Under the regs, "Section Student learning outcomes...achieving the outcomes shall not require students to hold or express particular attitudes, values or beliefs." Okay? Lastly, and I am going to ask you all to read this. I said I would do this the last time, but I will spare you that, at least until the next debate. Under "Communications." "All students use effective research and information management skills, including locating primary and secondary sources of information with traditional and emerging library technologies." Does anyone want to change that now? Does anyone want to amend that or tell me what is wrong with that statement? That is an outcome. What do you want to change it to? If you want to change it, what do you want to change it to? Let us be specific. If you want to debate curriculum, then let us do it right here, right now, because we are going to be back doing the same thing in another 2 years, because somebody is going to say, I do not like that curriculum. Take that out. That is what you let the professionals do, and if they let their communities participate, we will get the kind you want. But that is the next strategic plan. I ask all of you, please read these. Read these. And if you want me to test you on them, I will, and we will find out about outcome-based education, because what you do not know we will come back and reteach you, and hopefully we will get results and you will see what we are attempting to do. There is nothing wrong with these, but there is something wrong with us if we do not move ahead. Thank you. Senator LOEPER Mr. President, in early January I attended a public meeting in one ofmy municipalities where normally we have a turnout of about 60, 70 people, and it was advertised that I was going to be there. About the day before that meeting we started getting calls in our local office asking for directions to the Marple Township Municipal Building, and when I arrived at the building that evening I found that we had a crowd that had swelled to almost 175 people. A group of about 75 people were there simply to express their concern, their outrage over OBE standards that had been promulgated by the State Board. I suggested to the group that maybe we should take some time after the meeting and I would be happy to sit down with them and discuss what their concerns were, and we did for about another 2 1/2 hours that evening. And I met a group ofpeople, the special interests, ifyou will-i guess special interests because their special interest was they were parents concerned about their children. That was their special interest-and they portrayed to me a frustration, Mr. President, that I had not seen in a group of people in a long while, a group of people who could not seem to get information from their local school districts, their local school boards. When they were questioned as to what these outcomes were going mean to their curriculum and how that curriculum was going to affect their special interests - their children - no answers were forthcoming. As a result ofthat, I promised to try to see ifwe could have a public forum and air the issues so people could better understand exactly how these regulations, promulgated by the State Board to change the way that we measure educational progress in this Commonwealth, would be adopted. Very kindly, I contacted Secretary Carroll, and he was kind enough to have Dr. Bard attend this forum, which I held at the Delaware County Community College, and we had a representative representing the parents group, and I had the League of Women Voters of Delaware County actually moderate a forum that evening, an informational forum, which in less than I week's time I had over 500 people turn out to attend that meeting to try to find out more about what impact this new program was going to have. It was interesting because it was not just parents who turned out to hear both sides of the issue. I had school administrators. I had teachers who had no idea what OBE was, and yet they were going to be the people who were going to be charged with implementing the program in our schools. I had school directors there to find out more about it. They had heard or read in their newsletters certain items about what was going to change in the curriculum, but ifyou asked them what outcome-based education was and what the new learning standards were going to be that they were going to implement in their strategic plans in their local school districts, not one of them could tell you. After the meeting, and we had a very positive meeting, we

16 200 LEGISLATIVE JOURNAL - SENATE FEBRUARY 2, had a very positive forum where it was a question-and-answer forum after each person made various presentations, and what we found was, particularly when we got to questions talking about what new mandates were these going to impose upon our local school districts, questions about how much was it going to cost in order to implement this, were there new dollars that were going to follow in order to implement this type of program, the department was not able to come up with specific answers. AndI think it was very evident bythe end of the evening, and I stayed for an additional hour and a halfafter the public forum to simply listen to the frustration of many of the people who wanted to stay and voice their opinions, but I think what we heard and what we saw that night was certainly a frustration on the part of people that they did not know in which direction we were heading. It was not only the idea of imposing new mandates, but I think when we are going to try an entirely new way of measuring education in the Commonwealth-and it has been untried. We have not had a successful example tried anywhere else similar to what Pennsylvania wants to do-are we really prepared to make this move at this time? I think ifwe find that there is distrust in this type ofprogram all across this Commonwealth, and it is the support of the parents and the taxpayers and the special interests of their children that we are dealing with, this program is going to have a very difficult time being implemented on a successful basis. Therefore, at this point in time, Mr. President, I am very happy to support Senator Fisher and his amendment. Senator RHOADES. Mr. President, let me just set the record straight, and I would ask some people to take a look at Johnson City, New York, which has done abe. Take a look at Hatboro-Horsham. That is just another one that comes to mind, and I know there are quite a few others across Pennsylvania that are doing this. The second thing is, this concept of outcome-based education, we have been using it in our vocational-technical schools for a number of years. Kids do not progress in their shops unless they can demonstrate one level to the other. So, all we are doing is taking that to an academic sense. You know, it has always been they are pointing to the vcrtechs and saying, they donot know what is going on. They were getting the job done, and we were not doing it in the academic sense. Now we can 'change that around. The other thing is when these are approved, they go back to the local districts, because they wanted local control. Local districts will then develop their strategic plan. Tp.ey take the outcomes at that point and then match up their curriculum and their instructional mode with that. So, you say there is one game plan? No. It is up to the district to do what they want. So if they want to stand in the comer and spit nickels to get results, that is fine. If they want to dance the Irish jig over here, that is fine. The only thing we want is when the assessment is done, they get the job done. We hold them accountable. And I think that is the key thing in all of this, we hold them accountable. Another thing, in terms of instruction - cross-teaching, large group instruction, small group instruction - I remember asking Tom Gentzel during this process too, is it going to cost more? This was down in Chambersburg, and I saved the tape because I had some groups that were complaining to one ofmy superintendents about it. His attitude is he does not see it costing any more, and as a legislative director for the School Boards Association, I think he would be very concerned about what the total cost is going to be. The biggest thing we are going to need is professional development. And maybe we are the ones who are going to have to come up with the money to ensure that. Elementary teachers have a tendency to teach the child where they are at. Secondary teachers have a tendency to teach subject. We have to change that around now that we all teach development. Thank you. Senator BRIGHTBILL. Mr. President, yesterday I voted "no" to send this bill tothe Committee on Rules and Executive Nominations because I indicated that I wanted to vote for the special ed funding. Today I am voting "no" again for the same reason. I think abe needs to be dealt with by this General Assembly, but I do not think this is the bill and the vehicle to do it, and, therefore, I am going to vote "no." Senator HART. Mr. President, I feel the need to rise again in support ofthe amendment, and I agreed with many of the things that the gentleman from Schuylkill, Senator Rhoades, said in opposition to the amendment. Our schools in the Commonwealth do need a shot in the arm. It,is obvious that we are missing the boat in a lot of cases where it comes to educating our students. I agree that we need some accountability in the system. I agree with the idea that we ought to test our students before they can proceed to the next level. That can and does happen in some districts already across the State. abe is not a panacea. It will not solve all the ills in our education system. Other States have tried and implemented outcome-based education. Outcome-based education has also failed in other States. The Chambersburg Public Opinion newspaper reported that Johns Hopkins University did a study on mastery learning, which is another name for abe. They released the results ofthe study in Their study concluded that students retained less ofwhat they were taught per hour ofinstruction under mastery learning techniques than they did under traditional instruction. Mr. President, this is just one example of the confusion and the unproven aspects of abe. As a very interested Member of the Committee on Education, I was present at a number of the hearings on outcomebased education. I heard the testimony. I questioned those who were interested enough to come and present the testimony, and I discovered that many of these people were not pleased with the proposal for outcome-based education. Mr. President, I believe that in an area as important to the citizens of our Commonwealth as the education of their children, the people who have spoken out against it must be heard. They must be given more of an opportunity, and we must not implement such an untested system. Thank you, Mr. President. And the question recurring,

17 1993 LEGISLATIVE JOURNAL - SENATE 201 Will the Senate agree to the amendment? The yeas and nays were required by Senator FISHER and were as follows, viz: YEAS-20 Annstrong Greenleaf Looper Robbins Baker Hart Madigan Shaffer Bell Helfrick Mowery Shumaker Connan Holl Peterson Tilghman Fisher Jubelirer Punt Wenger NAYS-29 AffleIbach Furno Mellow Salvatore AndIezeski Jones Musto Scanlon Belan LaValle O'Pake Schwartz Bodack Lemmond Pecora Stapleton Bortner Lewis Porterfield Stewart Brightbill Lincoln Reibman Stout Dawida Lynch Rhoades Williams Fattah Less than a majority ofthe Senators having voted "aye," the question was detennined in the negative. And the question recurring, Shall the bill pass finally? Senator FAITAH. Mr. President, this bill responds to a very immediate problem facing our 501 school districts in the Commonwealth, and I would ask for a favorable disposition of the bill at this point and I ask for a "yes" vote by all Members of the Senate. Thank you very much. And the question recurring, Shall the bill pass finally? The yeas and nays were taken agreeably to the provisions of the Constitution and were as follows, viz: YEAS-49 Afflerbach Furno Lynch Robbins Andrezeski Greenleaf Madigan Salvatore Armstrong Hart Mellow Scanlon Baker Helfrick Mowery Schwartz Belan Holl Musto Shaffer Bell Jones O'Pake Shumaker Bodack Jubelirer Pecora Stapleton Bortner lavalle Peterson Stewart Brightbill Lemmond Porterfield Stout Corman Lewis Punt Tilghman Dawida Lincoln Reibman Wenger Fattah. Loeper Rhoades Williams Fisher NAYS-O A constitutional majority of all the Senators having voted "aye," the question was detennined in the affirmative. Ordered, That the Secretary of the Senate present said bill to the House of Representatives for concurrence. PERMISSION TO ADDRESS SENATE Senator PORTERFIELD asked and obtained unanimous consent to address the Senate. Senator PORTERFIELD. Mr. President, I rise to offer a resolution. The PRESIDENT. Does the gentleman request immediate consideration of this resolution at this time? Senator PORTERFIELD. No, Mr. President. Mr. President, I would ask that the resolution lie upon the table for other signatures before being fully introduced. The PRESIDENT. The Chair thanks the gentleman. Senator Porterfield offers a resolution and indicates to all of the Members that it is available for cosponsorship. UNFINISHED BUSINESS RESOLUTION IN PLACE Senator PORTERFIELD presented to the Chair a resolution. CONGRATULATORY RESOLUTIONS The PRESIDENT laid before the Senate the following resolutions, which were read, considered and adopted: Congratulations of the Senate were extended to Duane Edward Hagelgans by Senator Armstrong. Congratulations of the Senate were extended to Travis Berger and to Denise E. Gingrich by Senator Brightbill. Congratulations ofthe Senate were extended to George W. Johnson and to Sophia Heikes by Senator Corman. Congratulations of the Senate were extended to Malcolm Hardie by Senator Fisher. Congratulations of the Senate were extended to Mr. and Mrs. Anthony Azzarano, Dr. Arthur R Bartolozzi and to Richard K. Page by Senator Furno. Congratulations ofthe Senate were extended to George W. Lewis, Jr. by Senator Greenleaf. Congratulations ofthe Senate were extended to Gatto Cycle Shop of Tarentum by Senator Hart. Congratulations ofthe Senate were extended to John Walter Plucenik by Senator Lemmond. Congratulations of the Senate were extended to Mr. and Mrs. Edward Kishela, Mr. and Mrs. Paul Szido and to Mayor George Hemingway by Senator Helfrick. Congratulations ofthe Senate were extended to Justin Fazzari, GregoI)' M. Wilson, H. Gregory Leap, Scott Matthew Zelasko, Brian W. Hauber and to Carol Groce by Senator Holi. Congratulations of the Senate were extended to Deriest James, Master Sergeant Earl V. Lundy, Sr., Geraldine Howard and to Joseph T. Quinones by Senator Jones. Congratulations of the Senate were extended to Eric Petersen by Senator Loeper. Congratulations of the Senate were extended to Mr. and Mrs. Frank Reeder, Mr. and Mrs. Wayne Moore, Mr. and Mrs. Richard Yeager, John Wilson, Greg Garrity, Debra Winters, Lois Welch, District Justice Fordham F. Wood and to Paul Manchester by Senator Madigan.

18 202 LEGISLATIVE JOURNAL - SENATE FEBRUARY 2, Congratulations of the Senate were extended to Mr. and Mrs. Merle Morgan, Ted Lee, Arthur Posocco, Frank Munafo. John Hannick, Thomas Borthwick, Joseph Kelly, Nicholas G. Wowk, Timothy Smedley, Joseph Salitsky, Michael J. Hudson, Jeffrey Sears and to Tammy McGraw by Senator Mellow. Congratulations of the Senate were to extended Mr. and Mrs. George Samuel Delancey. The Honorable John D. Hopper, Matthew David Pomraning, Elizabeth Rose Sauerwine and to the Mechanicsburg Washington Fire Company No.1 by Senator Mowery. Congratulations of the Senate were extended to Mr. and Mrs. William Loyack, Jason Zoeller, Thomas Supey. William Henning and to Rose C. Kramer by Senator Musto. Congratulations ofthe Senate were extended to the Seventh District ofthe Lithuanian Alliance ofamerica of Pittston by Senators Musto and Lemmond. Congratulations ofthe Senate were extended to WNEP-TV by Senators Musto, Mellow and Lemmond. Congratulations of the Senate were extended to District Justice Elizabeth J. Friedl by Senator Peterson. Congratulations of the Senate were extended to Mr. and Mrs. George McKlveen, Mr. and Mrs. James Peterson, Mr. and Mrs. Andrew M. Macey. Mr. and Mrs. Henry B. Miller. Benjamin McFarland, John A. Cowan, Tom Richardson, Nicholas Pistentis, Patrick McGuire. James Johnston, Brian Cain, Mark Bleibtrey. Greg Hutchinson, Nick Sepelak, Adam Bayura. Joseph J. Kuznicki. Adam P. Graham. Patrick McFarland, Brandon T. Nicely. Martin J. Phelps, Matthew A. Secrist, Brian Witt. Charles J. Sherba, George R Jones. Daniel 1. Fulton, Christopher Galik, Jason D. Felbaum. John D. Novak, Jason T. Silvis, David A. Waldron, Matthew 1. Yacobucci. Steven C. Stark and to David A. Treece by Senator Porterfield. Congratulations of the Senate were extended to Mr. and Mrs. Frank Dyer and to Jeffrey Bauer by Senator Salvatore. Congratulations of the Senate were extended to Mr. and Mrs. Irvin Yoders and to Mr. and Mrs. Forrest Lindsay by Senator Stout. BILL ON FIRST CONSIDERATION Senator MUSTO. Mr. President. I move that the Senate do now proceed to consideration ofthe bill reported from committee for the first time at today's Session. The motion was agreed to. The bill was as follows: SB 300. And said bill having been considered for the first time, Ordered, To be printed on the Calendar for second consideration. PETITIONS AND REMONSTRANCES Senator PORTERFIELD. Mr. President, the short or lengthy discussion on outcome-based education, which was part of the amendment that was offered by Senator Fisher today. does raise much concern with many people across Pennsylvania and many individuals on my side of the aisle as well. Of course, we did not feel that special education should suffer. Over the past several years, there has been much effort put forth in arriving at the proposed regulations by many. many individuals. As I travel the State and across my district. I often hear. why is there so much waste of dollars? In the proposed amendment today to do away with OBE completely, that is exactly what we would be doing. We would be wasting many, many dollars spent on this proposal, a proposal which Senator Fisher mentioned could have some very basic fundamental elements which are good. So. today, heeding the outcry of public concern over the effect ofthe proposed outcome-based education, I sponsored a resolution calling on the State Board ofeducation to delay final delivery ofthe proposed regulations for review by the General Assembly for at least 30 days. I have noted that many parents and citizens have expressed grave concerns about the proposed regulations. The delay of the delivery of the regulations will permit additional time to study the proposals. My resolution notes that the Independent Regulatory Review Commission has already refused to accept the regulations. pending the formation ofstanding committees ofthe House ofrepresentatives. The State Board ofeducation has until June , to transmit these regulations for regulatory review. The concerns raised by the public are serious enough to slow this process down. I am not prepared to endorse any outcome-based education regulations until those regulations are fully analyzed, explained to the public. altered, if necessary. and determined to be in the best interest of the people ofpennsylvania. I am particularly concerned that these regulations are not an appropriate place to promulgate the teaching of values. and I want to be assured on this point. Additionally. I do not want these regulations to increase the cost of education. Our taxpayers pay enough. The additional time that we are asking for will permit all to determine the portions ofoutcome-based education which have merit and put in place proper regulations for the education of our children, which is most important. Their future will determine the future of Pennsylvania. Thank you. Mr. President. COMMUNICATIONS FROM THE GOVERNOR NOMINATIONS BY THE GOVERNOR REFERRED TO COMMITTEE The PRESIDENT laid before the Senate the following communications in writing from His Excellency. the of the Commonwealth, which were read as follows. and referred to the Committee on Rules and Executive Nominations: MEMBER OF THE PENNSYLVANIA COUNCIL ON AGING February 2, 1993 the advice and consent of the Senate, The Reverend Doctor Francis A. Shearer. Cathedral Village G-413, 600 East Cathedral Road,

19 1993 LEGISLATIVE JOURNAL - SENATE 203 Philadelphia 19128, Philadelphia County, Fourth Senatorial District, for reappointment as a member of the Pennsylvania Council on Aging, to setve until October 8, 1994 and until his successor is appointed and qualified. MEMBER OF TIlE INDUSTRIAL BOARD February 2, 1993 the advice and consent of the Senate, James R. Duffy, Jr., P. O. Box 131, Tafton 18464, Pike Country, Twentieth Senatorial District, for appointment as a member of the Industrial Board, to setve until the third Tuesday of January 1995 and until his successor is appointed and qualified, vice Gabriel L 1. Bevilacqua, Philadelphia, resigned. MEMBER OF TIlE BOARD OF TRUSTEES OF SCOTLAND SCHOOL FOR VETERANS' CHILDREN February 2, 1993 the advice and consent of the Senate, Charles E. Broadfield, Jr., 407 Montrose Street, Harrisburg, 17110, Dauphin County, Fifteenth Senatorial District, for reappointment as a member of the Board of Trustees ofscotland School for Veterans' Children, to setve until the third Tuesday of January, 1999, and until his successor is appointed and qualified. MEMBER OF TIlE BOARD OF TRUSTEES OF SCOTLAND SCHOOL FOR VETERANS' CHILDREN February 2, 1993 the advice and consent ofthe Senate, Reverend W. Larry Johnson, S1. James A.M.E. Church, 510 South Main Street, Chambersburg 17201, Franklin County, Thirty-third Senatorial District, for appointment as a member of the Board of Trustees ofscotland School for Veterans' Children, to setve until the third Tuesday of January, 1997, and until his successor is appointed and qualified, vice Samuel W. Worley, Chambersburg, whose term expired. MEMBER OF TIlE BOARD OF TRUSTEES OF SCOTLAND SCHOOL FOR VETERANS' CHILDREN Feb1ll31)' 2, 1993 the advice and consent of the Senate, John E. Titus, Box 174, Washington Street, Jefferson 15344, Greene County, Forty-sixth Senatorial District, for reappointment as a member of the Board of Trustees of Scotland School for Veterans' Children, to serve until the third Tuesday of January, 1997, and until his successor is appointed and qualified. BILL INTRODUCED AND REFERRED The PRESIDENT laid before the Senate the following Senate Bill numbered, entitled and referred as follows, which was read by the Clerk: Which was committed to the Committee on ENVIRONMENTAL RESOURCES AND ENERGY, February 2, The following announcements were read by the Secretary of the Senate: 9:00 A.M. February 2, 1993 Senators REIBMAN, MUSTO, AFFLERBACH, BRIGHTBILL, LINCOLN, PORTERFIELD, HOLL, FISHER, SCHWARTZ, GREENLEAF, FAITAH, O'PAKE, JONES, LAVALLE, SALVATORE, MADIGAN and HELFRICK presented to the Chair SB 351, entitled: An Act providing for the consetvation and management ofwater resources; establishing a Statewide committee and regional water resource advisory committees and providing for their powers and duties; providing for additional duties of the Department of Environmental Resources, the Environmental Hearing Board and the Environmental Quality Board; providing for a State Water Plan, for consetvation areas, for permits for the withdrawal or diversion of water, for drought planning, for enforcement, for civil and equitable remedies and for civil and criminal penalties; establishing the Water Consetvation Account; providing for the establishment and collection of certain fees; and making repeals. ANNOUNCEMENTS BY THE SECRETARY SENATE OF PENNSYLVANIA COMMITIEE MEETINGS WEDNESDAY. FEBRUARY AGRICULTURE AND RURAL AFFAIRS (to discuss with Agriculture Secretary Boyd Wolff legislative initiatives for the Department of Agriculture for the legislative session) Room 461 4th Floor North Wing