COMMONWEALTH OF PENNSYLVANIA LEGISLATIVE JOURNAL

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1 COMMONWEALTH OF PENNSYLVANIA LEGISLATIVE JOURNAL TUESDAY, JUNE 16, 1992 SESSION OF TH OF THE GENERAL ASSEMBLY No. 43 SENATE TUESDAY, June 16, The Senate met at 1:00 p.m., Eastern Daylight Saving Time. The PRESIDENT (Lieutenant Governor Mark S. Singe!) in the Chair. PRAYER The Chaplain, Reverend KAREN LAYMAN, Pastor of Hope United Methodist Church, Carlisle, offered the following prayer: Let us pray. Great God, grant us a moment of stillness amid the feverish activity of this day. Quiet our hearts and minds that we might be attuned to the murmuring of Your spirit. In the stillness we feel our hearts beating and we are drawn to what counts in life for us. Help us honestly to take stock of ourselves - our actions and our thoughts. May they uphold those values which we profess to call dear. Speak to us, 0 God, in the quiet center of our lives, and as we listen to You, bless us. Direct and guide this great Senate of the Commonwealth of Pennsylvania, that as it makes hard choices You would lead so that all Your people might know Your peace. Amen. The PRESIDENT. The Chair thanks Reverend Layman, the guest this week of Senator Hopper. JOURNAL APPROVED The PRESIDENT. A quorum of the Senate being present, the Clerk will read the Journal of the preceding Session of June 15, The Clerk proceeded to read the Journal of the preceding Session, when, on motion of Senator LOEPER, further reading was dispensed with and the Journal was approved. HOUSE MESSAGES HOUSE CONCURS IN SENATE AMENDMENTS TO HOUSE BILL The Clerk of the House of Representatives informed the Senate that the House has concurred in amendments made by the Senate to HB HOUSE CONCURS IN SENATE CONCURRENT RESOLUTION The Clerk of the House of Representatives informed the Senate that the House has concurred in resolution from the Senate, entitled: Weekly Adjournment. GENERAL COMMUNICATIONS RESOLUTION OF THE STATE OF HAWAII The PRESIDENT laid before the Senate the following communications, which were read by the Clerk as follows: HOUSE OF REPRESENTATIVES THE SIXTEENTH LEGISLATURE STATE OF HAWAII STATE CAPITOL Honolulu, Hawaii May 27, 1992 The Honorable Lt. Governor Mark S. Singe! President of Senate Room 200 Main Capitol Building Harrisburg, P A Dear President Singe!: I transmit herewith a copy of House Concurrent Resolution No. 280 SDl, which was adopted by the House of Representatives of the Sixteenth Legislature of the State of Hawaii, Regular Session of Very respectfully, GERALD I. MIYOSHI Clerk, House of Representatives HOUSE CONCURRENT RESOLUTION URGING THE UNITED STATES AND JAPAN TO JOIN IN A CONCERTED, BILATERAL EFFORT TO CONDEMN AND CEASE "JAPAN-BASHING" AND "AMERICA BASHING." WHEREAS, "Japan-bashing" and "American-bashing" are colloquialisms for the nonfactual, emotionally-based generalization, comments and accusations made by Americans against Japanese and by Japanese against Americans; and WHEREAS, "Japan-bashing" and "America-bashing have most recently been brought forth out of the highly volatile union of the disagreement over the trade imbalance between the two world powers and the uncertainty created by the economic recession in America; and WHEREAS, such rhetoric has infected the tongues of the young and the old, the rich and the poor, the progressive and the conservative, and the common and the uncommon of both countries alike; and

2 2270 LEGISLATIVE JOURNAL-SENATE JUNE 16, WHEREAS, some leaders of the United States and Japan have degenerated to the level of name-calling, stereotyping, and tasteless remarks; and WHEREAS, hurtful epithets when tolerated and spoken by anyone against members of any other group-whether based on race, religion, gender, physical ability, or sexual orientation-can promote and encourage bigotry, discrimination, and hate crimes against the targeted group (e.g., Japanese Americans) or similar groups that may be perceived to be akin to the targeted group (e.g., Filipino Americans, Korean Americans, Chinese Americans, Taiwanese Americans, Vietnamese Americans, and others); and WHEREAS, powerful and influential individuals of both nations who set examples for their people, further legitimize racism, bigotry, and hate-crimes against targeted groups by engaging in irresponsible behavior or by not moving swiftly and forcefully to denounce such behavior; and WHEREAS, the brutal murder of Yasuo Kato, a Japanese American investment counselor, by a Caucasian American who claimed Japan's business practices caused him to lose his job, is but a single instance of the escalating number of hate-crimes being perpetrated against Asian Americans; and WHEREAS, the history of Japanese in America extends over 100 years and is rich in acts of unconditional patriotism and selfless service by Japanese Americans on behalf of America; and WHEREAS, the epitome of Japanese American patriotism transpired during World War II when the courageous men of the famed 442nd Regimental Combat Team, despite many of their friends and relatives being forcibly and unjustifiably imprisoned in relocation camps, asked not what their country could do for them, but instead played a herculean role in the liberation of France, were part of the most decorated American battalion in World War II, and without having to be asked, showed their country what they could do for it; and WHEREAS, fifty years after the start of World War II, Japanese Americans and other Asian Americans are sometimes subject to persecution by their fellow countrymen, who during times of prosperity have tolerated Japanese Americans and touted them as the "model minority," and who during periods of economic hardship and instability have ostracized and brutalized their Japanese American and other Asian American brothers and sisters; and WHEREAS, the recent statutory report Civil Rights Issues Facing Asian Americans in the 1990s, which was released by the United States Commission on Civil Rights, revealed that racism, bigotry, and violence against Asian Americans is increasing and has become "a serious national problem"; and WHEREAS, all forms of racism severely undermine U.S. lapan relations at a critical period in the history of mankind when America and Japan, as two of the mightiest nations on this planet, must unite, not only with each other, but also with the other countries of the world, both old and newly independent, to negotiate and shape global policy on trade, the environment, energy, human rights, and relations between countries; and WHEREAS, as over 22 percent of Hawaii's residents are Japanese American and at least 60 percent are of Asian or Pacific Islander ancestry, the State of Hawaii has a substantial interest in Pacific Basin affairs; and WHEREAS, as the Pacific bridge linking the United States with Japan and the rest of Asia, the State of Hawaii has a geographic interest in a healthy and viable U.S.-Japan relationship; and WHEREAS, it is all too easy for some of Hawaii's residents to mistakenly believe that the events occurring in Hawaii's sister states or in foreign lands, and the sentiments expressed by others elsewhere, do not affect them because of Hawaii's geographic isolation; and WHEREAS, as a result, some of Hawaii's residents may give "Japan-bashing" or "America-bashing" only fleeting fascination when it is imperative that they be acutely cognizant of, and concerned with, national and world affairs and trends, since these happenings do directly affect Hawaii residents when they travel to the mainland, Japan, or other nations, and when the children of Hawaii choose to matriculate at a school or participate in other programs and activities outside the Islands; and WHEREAS, Hawaii's people need only recall the racial discrimination suffered by Bruce I. Yamashita, an Island Son whose efforts to correct the injustices that were done unto him by the United States Marine Corps were supported by this Legislature in H.C.R. No. 22 during the Regular Session of 1991; now, therefore, BE IT RESOLVED by the House of Representatives of the Sixteenth Legislature of the State of Hawaii, Regular Session of 1992, the Senate concurring, that in view of the concerns expressed in this Resolution, the President of the United States, the Prime Minister of Japan, the United States Congress, the Japanese Diet, all the State Legislatures, all the Japanese Prefectural Governments, and leaders of the business communities of both nations are respectfully urged to join in a concerted bilateral effort to support and accomplish, among other things, the following: (1) Condemning and ceasing further "Japan-bashing" and ''America-bashing''; (2) Increasing awareness of hate crimes and discrimination; (3) Combatting stereotypes and promoting understanding of minority cultures; (4) Reviewing, enacting, and enforcing laws that protect all people from discrimination in any form, such as biasrelated intimidation and violence; and (5) Entering into open, sincere negotiations, free of namecalling and stereotyping, to reach a more agreeable trade policy between the United States and Japan; and BE IT FURTHER RESOLVED that the Office of International Relations develop and coordinate a program that will build transnational understanding and communications in the State of Hawaii, such as: (1) Facilitating greater contact and interchange between members of the international community and residents of the state; (2) Encouraging meetings and forums between foreign officials and representatives of the state government; and (3) Offering its facilities and resources such as the East-West Center, the Spark M. Matsunaga Institute for Peace, and the Neil S. Blaisdell Complex to host negotiations, international trade shows, symposiums, and other activities to promote the furtherance of U.S.-Japan relations; and BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the President of the United States, the Prime Minister of Japan, the President of the United States Senate, the President of the Japanese Senate, the Speaker of the United States House of Representatives, the Speaker of the Japanese House of Representatives, each of the presiding officers of the legislative bodies of each State of the United States of America, each of the presiding officers of the legislative bodies of each Prefecture in Japan, the American Embassy in Japan, the Japanese Embassy in America, members of Hawaii's Congressional delegation, the Japanese Consulate in Hawaii, and the chief executive officers of the 10 largest American and Japanese corporations.

3 1992 LEGISLATIVE JOURNAL-SENATE 2271 RESOLUTION OF THE STATE OF IOWA STATE OF IOWA GENERAL ASSEMBLY HOUSE CONCURRENT RESOLUTION NO. 117 BY CONNORS, WISE, BBRNAU, SIEGRIST, GRONINGA, ADAMS, HALVORSON of Webster, MURPHY, PAVICH, BAKER, SHBRZAN, CHAPMAN, HALVORSON of Clayton, HARBOR, PONCY, BISIGNANO, BROWN, HATCH, RENAUD, NIELSEN, TEAFORD, HAMMOND, HOLVBCK, BURKE, COHOON, JESSE, and DVORSKY A Concurrent Resolution to designate Labor Day, September 7, 1992, as Help Yourself, Buy American Day. WHEREAS, the current recession facing Iowa and the nation has cost many Americans their jobs and has caused economic stress for all of America's citizens and their families; and WHEREAS, American companies are manufacturing superior merchandise at competitive prices with heightened productivity; and WHEREAS, when an American consumer purchases an American product, the nation's economy is stimulated, creating increased employment opportunities and economic growth; and WHEREAS, the plight of jobless workers in America is in part due to American consumers not specifying a need to purchase quality merchandise produced in the United States; and WHEREAS, Americans and Iowans can help reinvigorate their economies by purchasing quality products made by the American worker; and WHEREAS, the President and the United States Congress have been actively working to expand manufacturing in this country by encouraging the purchase of products made in the U.S.A.; and WHEREAS, the states can and should play an important role in promoting this effort; NOW THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTA TIVES, THE SENA TB CONCURRING, That the Governor is requested to proclaim Labor Day September 7, 1992 as Help Yourself, Buy American Day in Iowa and to call upon all Iowans to pay tribute to the American worker on that day and on all subsequent days by making a conscious effort to purchase products made in the U.S.A. BE IT FURTHER RESOLVED, That this effort be aggressively advanced as a nationwide program and that every state legislature be contacted to similarly approve this Resolution so that Labor Day, 1992 can be celebrated throughout the nation to motivate American consumers to purchase quality products made in the U.S.A. wherever and whenever possible. BE IT FURTHER RESOLVED, That the Chief Clerk of the House of Representatives send copies of this Resolution to the presiding officer of each house of the legislature in each state in the union, the National Conference of State Legislatures, the Council of State Governments, the American Legislative Exchange Council, and similar organizations so that every state in the nation will legislatively approve the Help Yourself, Buy American effort. We, Robert C. Arnould, Speaker of the House of Representatives and Michael E. Gronstal, President of the Senate; Joseph O'Hern, Chief Clerk of the House of Representatives, and John F. Dwyer, Secretary of the Senate; hereby certify that the above and foregoing Resolution was adopted by the House of Representatives and the Senate of the Seventy-fourth General Assembly. ROBERT C. ARNOULD MICHAEL B. GRONSTAL Speaker of the House President of the Senate JOSEPH O'HERN Chief Clerk of the House JOHN F. DWYER Secretary of the Senate RESOLUTION OF THE STATE OF OHIO OHIO HOUSE OF REPRESENTATIVES COLUMBUS TO: All Legislative Clerks and Secretaries FROM:Dean L. Johnson, Legislative Clerk Ohio House of Representatives DATE: June 8, 1992 On March 24, 1992, the Ohio General Assembly adopted House Concurrent Resolution No. 24, memorializing Congress to review the provisions of the Social Security Act known as the Social Security Offset and Windfall. Pursuant to the directions contained there, I am forwarding a copy to you, and am requesting that you provide each of your members a copy of same. Best regards. Sincerely, DEAN L. JOHNSON Legislative Clerk HOUSE CONCURRENT RESOLUTION NO. 24 Memorializing Congress to review the provisions of the Social Security Act known as the Social Security Offset and Windfall. Be it resolved by the House of Representatives of the State of Ohio (the Senate Concurring): WHEREAS, The members of the I 19th General Assembly of Ohio wish to memorialize the Congress of the United States to review the provisions of the Social Security Act commonly known as the Social Security Offset and Windfall, which substantially reduce the anticipated retirement benefits of Ohio public employees, for the purpose of repealing or amending those provisions to provide relief for such public employees and parity with benefits enjoyed by nonpublic employees who are able to receive private pensions without comparable reduction in Social Security benefits; and WHEREAS, Public employees in the State of Ohio participate in state or local public retirement systems as to such public employment; and WHEREAS, Numerous Ohio public employees and/or their spouses also are or have been employed in nonpublic sector jobs for which they and their employer have contributed to the Social Security System; and WHEREAS, Upon retirement after many years of dedicated public service, Ohio public employees have been promised and are entitled to receive a public pension based on their service and contributions to the state retirement system; and WHEREAS, Ohio public employees who have also been employed in nonpublic sector jobs or have spouses who have been so employed and have contributed to the Social Security System upon retirement expect to receive Social Security benefits commensurate with their Social Security-covered service and comparable to those received by all others who contributed to the Social Security System; and WHEREAS, As a result of the Social Security windfall provision, Section 215(a) (7) of the Social Security Act and the offset provision, Subsections (b )(4), (c)(2), (e)(7), (f)(2), and (g)(4) of Section 202 of the Social Security Act, the Social Security benefits for which contributions were made by the employee or the employee's spouse, respectively, are substantially reduced or eliminated, severely impacting the financial condition of the public retiree; and WHEREAS, The General Assembly firmly believes that Ohio public employees should not be penalized for their years of dedi-

4 2272 LEGISLATIVE JOURNAL-SENATE JUNE 16, cated public service and should receive Social Security benefits which are commensurate with their or their spouses' years of Social Security-covered service and contributions and are comparable to those received by all other employees; now therefore be it RESOLVED, That we, the members of the 119th General Assembly of the State of Ohio, in adopting this Resolution, hereby apply to the Congress of the Unites States to review the windfall and offset provisions of the Social Security Act for the sole purpose of repealing or amending such provisions to provide relief to public system retirees and to provide Social Security benefits to such public system retirees which are commensurate with their or their spouses' years of Social Security-covered service and contributions and are comparable to those received by other retirees; and be it further RESOLVED, That the Legislative Clerk of the House of Representatives transmit duly authenticated copies of this Resolution to each member of Congress, to the Secretary of State and presiding officers of both houses of the legislature of each of the other states in the Union, to the Clerk of the United States House of Representatives, to the Secretary of the United States Senate, to the President of the United States, and to members of the news media. VERNAL G. RIFFE, JR. Speaker of the House of Representatives STANLEY J. ARONOFF President of the Senate Adopted March 24, 1992 BILL SIGNED The PRESIDENT (Lieutenant Governor Mark S. Singe!) in the presence of the Senate signed the following bill: HB1721. SPECIAL ORDER OF BUSINESS ANNOUNCEMENTS BY THE SECRETARY The SECRETARY. Permission has been given for the Committee on Military and Veterans Affairs to meet during today's Session to consider Senate Resolution No. 176, and the Committee on Environmental Resources and Energy to meet and consider Senate Bill No REPORTS FROM COMMITTEE Senator HOLL, from the Committee on Banking and Insurance, reported the following bills: SB 1592 (Pr. No. 1965) An Act amending the act of May 17, 1921 (P. L. 789, No. 285), entitled, as amended, "The Insurance Department Act of one thousand nine hundred and twenty-one," authorizing the licensing of lending institutions and bank holding companies to sell credit unemployment insurance. HB 871 (Pr. No. 3125) An Act amending Title 13 (Commercial Code) of the Pennsylvania Consolidated Statutes, conforming the text of the title to the current official text of the Uniform Commercial Code relating to leases, negotiable instruments, bank deposits and collections, funds transfers and uncertificated securities; repealing provisions relating to bulk transfers; and making editorial changes. HB 1028 (Pr. No. 2674) An Act amending the act of May 17, 1921 (P. L. 682, No. 284), known as "The Insurance Company Law of 1921," providing for the continuation of basic property insurance for 180 days after the insured's death. HB 2166 (Pr. No. 2707) An Act amending the act of December 12, 1980 (P. L. 1179, No. 219), known as the "Secondary Mortgage Loan Act," further providing for scope of act and for licensees' records. LEGISLATIVE LEAVES Senator LOEPER. Mr. President, I would ask for temporary Capitol leaves on behalf of Senator Baker and Senator Shumaker. Senator REIBMAN. Mr. President, I request temporary Capitol leaves for Senator Andrezeski and Senator Bortner. The PRESIDENT. Senator Loeper requests temporary Capitol leaves for Senator Baker and Senator Shumaker. Senator Reibman requests temporary Capitol leaves for Senator Andrezeski and Senator Bortner. The Chair hears no objection, and those leaves will be granted. LEAVES OF ABSENCE Senator REJBMAN asked and obtained leaves of absence for Senator AFFLERBACH and Senator BELAN, for today's Session, for personal reasons. SB 424, SB 712 AND HB 211 TAKEN FROM THE TABLE Senator LOEPER. Mr. President, I move that Senate Bill No. 424, Printer's No. 2349, Senate Bill No. 712, Printer's No. 2326, and House Bill No. 211, Printer's No. 3494, be taken from the table and placed on the Calendar. The motion was agreed to. The PRESIDENT. The bills will be placed on the Calendar. CALENDAR SB 1444 CALLED UP OUT OF ORDER SB 1444 (Pr. No. 2350) - Without objection, the bill was called up out of order, from page 4 of the Third Consideration Calendar, by Senator LOEPER, as a Special Order of Business. BILL ON THIRD CONSIDERATION AND FINAL PASSAGE SB 1444 (Pr. No. 2350) The Senate proceeded to consideration An Act providing for environmental education programs; providing for further duties of the Department of Education and the Department of Environmental Resources; and providing for the disposition of a portion of certain fines and penalties.

5 1992 LEGISLATIVE JOURNAL-SENATE 2273 And the amendments made thereto having been printed as required by the Constitution, YEAS-48 Andrezeski Greenleaf Loeper Robbins Armstrong Greenwood Lynch Salvatore Baker Hart Madigan Scanlon Bell Helfrick Mellow Schwartz Bodack Holl Musto Shaffer Bortner Hopper O'Pake Shumaker Brightbill Jones Pecora Stapleton Corman Jubelirer Peterson Stewart Dawida LaValle Porterfield Stout Fattah Lemmond Punt Tilghman Fisher Lewis Reibman Wenger Lincoln Rhoades Williams LEGISLATIVE LEAVE CANCELLED The PRESIDENT. The Chair recognizes the presence on the floor of Senator Baker. His temporary Capitol leave will be cancelled. RECESS Senator LOEPER. Mr. President, at this time I would ask for a recess of the Senate for the purpose of a Republican caucus to begin immediately in the first floor Majority Caucus Room, with an expectation of returning to the floor at approximately 2:45 p.m. Senator STAPLETON. Mr. President, I request all the Democrats to report to the Democratic Caucus. Room immediately. The PRESIDENT. For purposes of Republican and Democratic caucuses 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. 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 and certain nominations. LEGISLATIVE LEAVE CANCELLED The PRESIDENT. The Chair recognizes the presence on the floor of Senator Afflerbach. His personal leave will be cancelled. CONSIDERATION OF CALENDAR RESUMED THIRD CONSIDERATION CALENDAR BILL REREPORTED FROM COMMITTEE AS AMENDED OVER IN ORDER TEMPORARILY SB Without objection, the bill was passed over in its order temporarily at the request of Senator FISHER. BILLS OVER IN ORDER HB 184 and 203 -Without objection, the bills were passed over in their order at the request of Senator FISHER. BILLS ON THIRD CONSIDERATION AND FINAL PASSAGE The Senate proceeded to consider- SB 353 (Pr. No. 362) ation An Act authorizing the Pennsylvania Historical and Museum Commission to accept a gift of certain real property situate in the Township of Solebury, Bucks County, Pennsylvania. LEGISLATIVE LEAVES Senator STAPLETON. Mr. President, I request temporary Capitol leaves for Senator Fattah, Senator Scanlon, and Senator Williams, and a legislative leave for Senator Lynch. Senator FISHER. Mr. President, I request temporary Capitol leaves for Senator Baker, Senator Loeper, and Senator Tilghman. The PRESIDENT. Senator Fisher asks for temporary Capitol leaves for Senator Baker, Senator Loeper, and Senator Tilghman. Senator Stapleton asks for temporary Capitol leaves for Senator Fattah, Senator Scanlon, and Senator Williams, and a legislative leave for Senator Lynch. The Chair hears no objection. Those leaves will be granted.

6 2274 LEGISLATIVE JOURNAL-SENATE JUNE 16, Dawida Fattah Fisher Lemmond Lewis Lincoln Punt Reibman Rhoades Tilghman Wenger Williams The Senate proceeded to consider- SB 418 (Pr. No. 2319) ation An Act amending the act of May 1, 1913 (P. L. 155, No. 104), entitled "An act regulating the letting of certain contracts for the erection, construction, and alteration of public buildings," increasing the minimum bid requirement. And the amendments made thereto having been printed as required by the Constitution, LEGISLATIVE LEAVE CANCELLED The PRESIDENT. The Chair recognizes the presence on the floor of Senator Bortner. His temporary Capitol leave will be cancelled. the Constitution and were 3:s follows, viz: BILLS OVER IN ORDER SB 437 and HB Without objection, the bills were passed over in their order at the request of Senator FISHER. LEGISLATIVE LEAVE CANCELLED The PRESIDENT. The Chair recognizes the presence on the floor of Senator Andrezeski. His temporary Capitol leave will be obliterated. THIRD CONSIDERATION CALENDAR RESUMED BILL ON THIRD CONSIDERATION AND FINAL PASS AGE The Senate proceeded to consid- HB 923 (Pr. No. 2727) eration An Act amending the ac..t of July 24, 1941 (P. L. 490, No. 188), known as the "Uniform Acknowledgment Act," further providing for certification of documents in the office of the recorder of deeds. BILL OVER IN ORDER HB Without objection, the bill was passed over in its order at the request of Senator FISHER. BILL ON THIRD CONSIDERATION AND FINAL PASSAGE The Senate proceeded to consider- SB 991 (Pr. No. 1085) ation An Act authorizing the Department of General Services, with the approval of the Governor and the Department of Agrk'lllture, to sell and convey to The Pennsylvania State University a tract of land and the buildings erected thereon in Ferguson Township, Centre County, Pennsylvania. Considered the third time, Will the Senate agree to the bill on third consideration? RULE XIV SUSPENDED Senator FISHER. Mr. President, I would move at this time that Senate Rule XIV be suspended for the purpose of running Senate Bill No. 991.

7 1992 LEGISLATIVE JOURNAL-SENATE 2275 The PRESIDENT. Senator Fisher moves that Rule XIV of the Senate be suspended so that Senate Bill No. 991 can be considered at this point. Will the Senate agree to the motion? Bell Hoi! Musto Shaffer The PRESIDENT. Senate Rule XIV is suspended. Will the Senate agree to the bill on third consideration? It was agreed to. BILL OVER IN ORDER HB Without objection, the bill was passed over in its order at the request of Senator FISHER. SPECIAL ORDER OF BUSINESS GUESTS OF SENATOR MICHAEL E. BORTNER PRESENTED TO THE SENATE Senator BORTNER. Mr. President, with me today are two guest Pages whom I would like to have introduced, sitting at the front of the Senate. One is my son Seth, who is a sixth grade student at Hannah Penn Middle School in York, and his good friend Alex Strell, who is also a sixth grade student at Hannah Penn Middle School. They have both been with me today assisting with the duties as Pages. I would like to ask that the Senate extend its usual warm welcome to them, please. The PRESIDENT. Would the Pages please rise so that we can recognize you and welcome you to the Senate of Pennsylvania. (Applause.) The PRESIDENT. Now get back to work. THIRD CONSIDERATION CALENDAR RESUMED BILL ON THIRD CONSIDERATION AND FINAL PASSAGE The Senate proceeded to consid HB 1148 (Pr. No. 3768) eration An Act amending the act of June 23, 1931 (P. L. 932, No. 317), known as "The Third Class City Code," repealing a provision relating to the sinking fund commission; and further providing for retirement and discharge of firefighters. And the amendments made thereto having been printed as required by the Constitution, Bell Hall Musto Shaffer Ordered, That the Secretary of the Senate return said bill to the House of Representatives with information that the Senate has passed the same with amendments in which con currence of the House is requested.

8 2276 LEGISLATIVE JOURNAL-SENATE JUNE 16, BILLS OVER IN ORDER SB 1239 and HB 1296 Without objection, the bills were passed over in their order at the request of Senator FISHER. BILL ON THIRD CONSIDERATION AND FINAL PASSAGE The Senate proceeded to consid- HB 1345 (Pr. No. 1563) eration An Act authorizing the Department of Corrections to grant a license to the United States Park Service to erect and maintain certain radio telecommunications equipment on the land of the State Correctional Institution at Cresson, Cambria County. Hsher Lincoln Rhoades Williams Ordered, That the Secretary of the Senate return said bill to the House of Representatives with information that the Senate has passed the same without amendments. BILL OVER IN ORDER SB Without objection, the bill was passed over in its order at the request of Senator FISHER. BILLS ON THIRD CONSIDERATION AND FINAL PASSAGE SB 1584 (Pr. No. 1957)- The Senate proceeded to consideration An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, further providing for institutional vandalism. Bodack Bortner Hopper Jones O'Pake Pecora Shumaker Stapleton SB 1611 (Pr. No. 1984) -The Senate proceeded to consideration An Act amending the act of December 7, 1990 (P. L. 667, No. 166), entitled "An act authorizing the Department of General Services, with the approval of the Governor and the Department of Corrections, to convey certain land in the Borough of Huntingdon, Huntingdon County, to the Borough of Huntingdon;...," further providing for the conveyance to Pavia Cemetery Association by the Commonwealth and for the conveyance to the Commonwealth by the Pavia Cemetery Association. Corman Dawida LaValle Lemmond Porterfield Punt Stout Tilghman : BILL OVER IN ORDER HB Without objection, the bill was passed over in its order at the request of Senator FISHER.

9 1992 LEGISLATIVE JOURNAL-SENATE 2277 BILLS ON THIRD CONSIDERATION AND FINAL PASSAGE HB 1627 (Pr. No. 2597)- The Senate proceeded to consid-. eration An Act repealing certain obsolete laws relating to animals. Ordered, That the Secretary of the Senate return said bill to the House of Representatives with information that the Senate has passed the same without amendments. HB 1628 (Pr. No. 1910)- The Senate proceeded to consideration An Act repealing the act of March 11, 1842 (P. L. 62, No. 36), entitled "An act for regulating and maintaining Line Fences, and for other purposes." Ordered, That the Secretary of the Senate return said bill to the House of Representatives with information that the Senate has passed the same without amendments. SB 1645 (Pr. No. 2351)- The Senate proceeded to consideration An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, further providing for violations concerning licenses and for subsequent convictions of certain offenses. And the amendments made thereto having been printed as required by the Constitution, BILL OVER IN ORDER SB Without objection, the bill was passed over in its order at the request of Senator FISHER. BILLS ON THIRD CONSIDERATION AND FINAL PAS SAGE The Senate proceeded to consid- SB 1696 (Pr. No. 2130) eration An Act amending the act of August 9, 1955 (P. L. 323, No. 130), entitled "The County Code," further providing for grants or appropriations to historical societies.

10 2278 LEGISLATIVE JOURNAL-SENATE JUNE 16, HB 1697 (Pr. No. 3637)- The Senate proceeded to consideration An Act amending the act of August 31, 1971 (P. L. 398, No. 96), known as the "County Pension Law," further providing for simultaneous payments of salary and retirement allowances. And the amendments made thereto having been printed as required by the Constitution, Ordered, That the Secretary of the Senate return said bill to the House of Representatives with information that the Senate has passed the same with amendments in which concurrence of the House is requested. SB 1707 (Pr. No. 2147)- The Senate proceeded to consideration An Act amending the act of June 18, 1941 (P. L. 137, No. 74), entitled, as amended, "An act providing for the appointment, powers and control of members of volunteer fire companies as special fire police, and conferring powers on them at fires attended by their fire companies in any city, borough, town, township or home rule municipality," providing for administration of the oath of office. Fattah Lewis Reibman' Wenger SB 1716 (Pr. No. 2183)- The Senate proceeded to consideration An Act designating State Route 4008 as Blair County Veterans Memorial Highway., Fisher lincoln Rhoades Williams

11 1992 LEGISLATIVE JOURNAL-SENATE 2279 SB 1735 (Pr. No. 2225) The Senate proceeded to consideration An Act amending the act of Aprill3, 1992 (P. L. 71, No. 22), entitled "An act authorizing and directing the Department of General Services, with the approval of the Governor, to convey the Monocacy Battlefield in Frederick, Maryland, to the United States of America;...," further providing for the conditions of the conveyance of Monocacy Battlefield to the United States of America. BILL OVER IN ORDER SB Without objection, the bill was passed over in its order at the request of Senator FISHER. BILL ON THIRD CONSIDERATION AND FINAL PASSAGE SB 1807 (Pr. No. 2311)- The Senate proceeded to consideration An Act amending the act of May 16, 1923 (P. L. 207, No. 153), entitled "Municipal Claim and Tax Lien Law," providing for perfection of liens by municipalities for assessments payable in installments. YEAS-48 Afflerbach Lincoln Robbins Andrezeski Greenleaf Loeper Salvatore Armstrong Greenwood Lynch Scanlon Baker Hart Madigan Schwartz Bell Helfrick Mellow Shaffer Bodack Holl Musto Shumaker Bortner Hopper O'Pake Stapleton Brightbill Corman Dawida Fattah Fisher Porterfield Jones Jubelirer LaValle Lemmond Lewis Pecora Peterson Punt Reibman Rhoades NAYS-1 Stewart Stout Tilghman Wenger Williams BILL OVER IN ORDER HB Without objection, the bill was passed over in its order at the request of Senator FISHER. BILLS REREFERRED HB 1887 (Pr. No. 2270)- The Senate proceeded to consideration An Act amending the act of April9, 1929 (P. L. 177, No. 175), known as "The Administrative Code of 1929," making editorial changes relating to the Governor's residence. Upon motion of Senator FISHER, and agreed to, the bill was rereferred to the Committee on Rules and Executive Nominations. HB 1888 (Pr. No. 2271)- The Senate proceeded to consideration An Act amending the act of December 19, 1986 (P. L. 1743, No. 212), entitled "An act prohibiting the use of certain buildings for political fundraising events; and providing a penalty," making editorial changes relating to the Governor's residence. Upon motion of Senator FISHER, and agreed to, the bill was rereferred to the Committee on Rules and Executive Nominations. BILL OVER IN ORDER HB Without objection, the bill was passed over in its order at the request of Senator FISHER. BILL ON THIRD CONSIDERATION AND FINAL PASSAGE HB 2069 (Pr. No. 2996)- The Senate proceeded to consideration An Act authorizing the Department of Transportation, with the approval of the Governor, to sell and convey to the Borough of Olyphant certain land situate in the Borough of Olyphant, Lackawanna County. Afflerbach Andrezeski Armstrong Baker Greenleaf Greenwood Hart Helfrick Loeper Lynch Madigan Mellow Robbins Salvatore Scanlon Schwartz

12 2280 LEGISLATIVE JOURNAL-SENATE JUNE 16, Bell Bodack Bortner Brightbill Corman Dawida Fattah Fisher Holl Hopper Jones Jubelirer LaValle Lemmond Lewis Lincoln Musto O'Pake Pecora Peterson Porterfield Punt Reibman Rhoades Shaffer Shumaker Stapleton Stewart Stout Tilghman Wenger Williams Ordered, That the Secretary of the Senate return said bill to the House of Representatives with information that the Senate has passed the same without amendments. BILL OVER IN ORDER HB 2156 Without objection, the bill was passed over in its order at the request of Senator FISHER. BILL ON THIRD CONSIDERATION AND FINAL PASSAGE HB 2195 (Pr. No. 3782)- The Senate proceeded to consideration An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, further providing for the authority to issue permits. And the amendments made thereto having been printed as required by the Constitution, ''aye,'' the question was determined in the affirmative. Ordered, That the Secretary of the Senate return said bill to the House of Representatives with information that the Senate has passed the same with amendments in which concurrence of the House is requested. BILLS OVER IN ORDER HB 2442 and Without objection, the bills were passed over in their order at the request of Senator FISHER. SECOND CONSIDERATION CALENDAR BILLS REREPORTED FROM COMMITTEE AS AMENDED OVER IN ORDER SB 569, 1268 and Without objection, the bills were passed over in their order at the request of Senator FISHER. BILL REREPORTED FROM COMMITTEE AS AMENDED ON SECOND CON SID ERA TION The Senate proceeded to consid- SB 1793 (Pr. No. 2347) eration An Act amending the act of October 21, 1988 (P. L. 851, No. 113), entitled, as amended, "Capital Budget Project Itemization Act for ," further providing for various pier improvement projects at the Port of Philadelphia; and adding a mass transit assistance project. Considered the second time and agreed to, Ordered, To be printed on the Calendar for third consideration. BILLS REREPORTED FROM COMMITTEE AS AMENDED OVER IN ORDER SB 1795 and HB Without objection, the bills were passed over in their order at the request of Senator FISHER. PREFERRED APPROPRIATION BILL ON SECOND CONSIDERATION The Senate proceeded to consid- SB 1812 (Pr. No. 2330) eration An Act appropriating money from the Sunny Day Fund to the Department of Commerce for various projects throughout this Commonwealth for fiscal year Considered the second time and agreed to, Ordered, To be printed on the Calendar for third consideration. BILLS ON SECOND CONSIDERATION HB 60 (Pr. No. 49) -The Senate proceeded to consideration An Act authorizing the Secretary of Transportation to negotiate an interstate compact with states adjoining this Common. wealth concerning maintenance and repair of public highways, transportation facilities and rights-of-way on or along state lines. Considered the second time and agreed to, Ordered, To be printed on the Calendar for third consideration. The Senate proceeded to consider- HB 124 (Pr. No. 121) ation An Act amending Title 20 (Decedents,~Estates and Fiduciaries) of the Pennsylvania Consolidated Statutes, further providing for dispositions independent of letters. Considered the second time and agreed to, Ordered, To be printed on the Calendar for third consideration.

13 1992 LEGISLATIVE JOURNAL-SENATE 2281 BILL REREFERRED HB 355 (Pr. No. 3749)- The Senate proceeded to consideration An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, further providing for restrictions on use of handicapped parking areas. Upon motion of Senator FISHER, and agreed to, the bill was rereferred to the Committee on Appropriations. BILL ON SECOND CONSIDERATION AMENDED SB 717 (Pr. No. 759)- The Senate proceeded to consideration An Act amending Title 53 (Municipalities Generally) of the Pennsylvania Consolidated Statutes, adding revised, codified and compiled provisions relating to local government; and making repeals. The bill was considered. Will the Senate agree to the bill on second consideration? Senator CORMAN offered the following amendment No. A2479: Amend Sec. 1 (Sec. 2341), page 52, line 4, by removing the period after "municipalities" and inserting: ; but it shall not operate as a reenactment of any provisions repealed by section 1202 of the act of July 31, 1968 (P.L.805, No.247), known as the Pennsylvania Municipalities Planning Code. Will the Senate agree to the amendment? It was agreed to. Without objection, the bill, as amended, was passed over in its order at the request of Senator CORMAN. BILLS OVER IN ORDER HB 732 and SB Without objection, the bills were passed over in their order at the request of Senator FISHER. BILL ON SECOND CONSIDERATION AMENDED SB 795 (Pr. No. 2322)- The Senate proceeded to consideration An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, providing for the forfeiture of property and interests of persons convicted of involvement with corrupt organizations; and making a repeal. The bill was considered. Will the Senate agree to the bill on second consideration? Senator FISHER offered the following amendment No. A2586 and, if agreed to, asked that the bill be considered for the second time: Amend Sec. 1 (Sec. 911 ), page 3, lines l 0 through 16, by striking out all of said lines and inserting: (2) The following shall apply: (i) Property and interests subject to forfeiture include: (A) real property, including things growing on, affixed to and found in the land; and (B) tangible and intangible personal property, including rights, privileges, interests, claims and securities. (ii) Property and interests subject to forfeiture do not include a valid lien or encumbrance on real rt or a ood faith securit interest retained o unde 9 (relating to secured transactions; sales of accounts, contract rights and chattel paper), which is not fraudulent nor intended to avoid forfeiture under this subsection. Will the Senate agree to the amendment? It was agreed to. Will the Senate agree to the bill on second consideration, as amended? It was agreed to. Ordered, To be printed on the Calendar for third consideration. BILL ON SECOND CONSIDERATION SB 1097 (Pr. No. 2324)- The Senate proceeded to consideration An Act amending the act of December 7, 1982 (P. L. 784, No. 225), entitled "Dog Law," further providing for the disposition of dangerous dogs. Considered the second time and agreed to, Ordered, To be printed on the Calendar for third consideration. BILLS OVER IN ORDER HB 1302 and Without objection, the bills were passed over in their order at the request of Senator FISHER. BILL ON SECOND CONSIDERATION SB 1328 (Pr. No. 2320)- The Senate proceeded to consideration An Act providing for the preservation of records of historical value; providing powers and duties of the Pennsylvania Historical and Museum Commission and local historical and archaeological societies; providing for agreements, embargoes and injunctions; and providing a penalty. Considered the second time and agreed to, Ordered, To be printed on the Calendar for third consideration. BILLS OVER IN ORDER SB 1362, 1486, HB 1530, SB 1732, HB 1781, SB 1787, HB 2449 and Without objection, the bills were passed over in their order at the request of Senator FISHER. SB 1650 CALLED UP SB 1650 (Pr. No. 2352) - Without objection, the bill, which previously went over in its order temporarily, was called up, from page 1 of the Third Consideration Calendar, by Senator FISHER.

14 2282 LEGISLATIVE JOURNAL-SENATE JUNE 16, BILL REREPORTED FROM COMMITTEE AS AMENDED ON THIRD CONSIDERATION AMENDED SB 1650 (Pr. No. 2352)- The Senate proceeded to consideration An Act amending the act of January 8, 1960 (1959 P. L. 2119, No. 787), entitled, as amended, "Air Pollution Control Act," adding and amending certain definitions; further providing for the powers and duties of the Department of Environmental Resources, the Environmental Quality Board and the Environmental Hearing Board; further providing for plans and permits; providing for certain fees and civil penalties, for acid control, for hazardous air pollutants and for control of volatile organic compounds from gasoline dispensing facilities; further providing for certain procedures; providing for compliance; establishing the Compliance Advisory Panel and providing for its powers and duties; further providing for enforcement, for criminal and civil penalties and for the abatement and restraint of violations; and making editorial changes. Considered the third time, Will the Senate agree to the bill on third consideration? BELAN AMENDMENT Senator STOUT, by unanimous consent, on behalf of Senator BELAN, offered the following amendment No. A2577: Amend Sec. 9 (Sec. 6.6), page 111, line 19, by inserting after "SOURCE.": In the case of coke batteries which comply with the operating standards in the Clean Air Act, the department may not consider imposing health based risk standards for eight (8) years after promulgation of maximum achievable control technology (MACT) standards, and not until the year 2020 for coke batteries meeting specified conditions of the Clean Air Act, if there is a remaining residual risk which must be addressed. Will the Senate agree to the amendment? Senator STOUT. Mr. President, I offer this amendment this afternoon on behalf of our colleague, Senator Belan, from Allegheny County. Many of you may know that Senator Belan had to take personal leave today to go to Columbus, Ohio. He is a proud grandfather for the first time. Last night his daughter, Laurie Jadwin, gave birth to their first granddaughter, Sarah Elizabeth Belan Jadwin, Columbus, Ohio. The young lady and the mother are doing fine. She was 7 pounds, 6 ounces; 19 inches. So Senator Belan asked that I offer this amendment. This amendment to Senate Bill No deals with the coke batteries in Pennsylvania, and specifically in Senator Belan's area are the coke batteries at the Clairton plant of U.S. Steel, the largest coke making facility in North America, a source of major employment in the Mon Valley, approximately 2,000 jobs. Not only the direct jobs involved in the operation of the Clairton coke facility but also the metallurgical coal that is used to supply the raw materials for the Clairton coke batteries is mined in Pennsylvania, much of that in the Mon Valley area of the Maple Creek and Cumberland mines. I am also joined in support of this amendment by Senator Fisher, also from Allegheny County, and ask that there be support for this bill which brings it into compliance with the Federal Clean Air Act, which deals with the specific technologies of the coke industry. Coke is vital to the making of steel, important not only for our industrial base but also for our military preparedness, to have our own source of coke. Currently, offshore sources are dominating the coke manufacturing and market area and have a major impact on employment, not only in coke making in the steel industry but also in coal mining. I ask for unanimous support of this amendment, which is offered on behalf of Senator Belan. Thank you, Mr. President. Senator FISHER. Mr. President, I also rise to support this amendment. This amendment is indeed very important for the steel industry in western Pennsylvania. We all know how hard hit the steel industry has been over the past decade. The Federal Clean Air Act of 1990, which is the Federal legislation which has brought Senate Bill No before us, already designates that coke ovens should have a special extension until the year 2020 in order to recognize the unique technological limitations inherent in the coke making process. It is my hope that through the adoption of this amendment that we would allow that the progress that hopefully will be made between the EPA and the steel industry can be incorporated into Federal regulations and Federal law and that the adoption of this amendment will make sure that Pennsylvania's law is not any more stringent than the Federal law and will not preclude, thereby, the Pennsylvania steel industry, particularly the steel industry in western Pennsylvania, and some in the industry in other parts of the State, from being competitive with the steel industry in other States. So I would urge adoption of this amendment. I think it is a sound exception and it is one that I hope our colleagues on both sides of the aisle wiii support. LEGISLATIVE LEA YES Senator STAPLETON. Mr. President, I request temporary Capitol leaves for Senator and Senator Mellow. The PRESIDENT. Senator Stapleton asks for temporary Capitol leaves for Senator and Senator Mellow. They will be granted, without objection. LEGISLATIVE LEAVE CANCELLED The PRESIDENT. The Chair recognizes the presence on the floor of Senator Fattah. His temporary Capitol leave will be cancelled. Will the Senate agree to the amendment? It was agreed to. Will the Senate agree to the bill on third consideration, as amended?

15 1992 LEGISLATIVE JOURNAL-SENATE 2283 LEWIS AMENDMENT Senator LEWIS, by unanimous consent, offered the following amendment No. A2605: Amend Sec. 5, page 86, by inserting between lines 27 and 28: Section 4.4. Prohibited Powers of State Entities.-No State agency, board or commission shall restrict or deny any permit application or otherwise lawful activity based upon.any transportation control measure or strategy. Amend Sec. 6 (Sec. 5), page 86, line 30, by inserting after "BOARD.-":~ Amend Sec. 6 (Sec. 5), page 90, by inserting between lines 20 and 21: (b) The board shall not have the power to- (1) Adopt any regulation restricting or denying any permit.application or otherwise lawful activity based upon any transportation control measures or transportation control strategies. (2) Adopt any regulation restricting any municipality's.powers regarding land development, subdivision approval, zoning change, building permit or any other development activity because of the rules or regulations adopted under this act. Amend Sec. 14 (Sec. 11), page 143, line 28, by inserting after "ACT.": The department shall not have the power to restrict or deny any permit application or otherwise lawful activity regarding the act of June 22, 1937 (P.L.1987, No.394), known as "The Clean Streams Law," or the act of January 24, 1966 (1965 P.L.l535, No.537), known as the "Pennsylvania Sewage Facilities Act," based upon the powers granted to the department under this act. Amend Sec. 14 (Sec. 12), page 144, line 11, by inserting after "ACT.": No political subdivision shall have the power to deny an application for land development, subdivision approval, zoning change, building permit or any other development activity because of the rules or regulations adopted under this act. Will the Senate agree to the amendment'? Senator LEWIS. Mr. President, I am sure that all of us who support these improvements in our Clean Air Act need to be concerned about the possibility that somewhere, somehow along the way, there would be those who would attempt to apply the provisions in a way that would not only be contrary to common sense but also contrary to what I think we would all agree to be the clear intention of our act here today, and this amendment is designed to anticipate, based upon experience, one such unexpected application. To be specific, I am told that there is a recent situation which has occurred in New York where, after the adoption of appropriate clean air standards consistent with the Federal requirement, some litigant took an issue to the appropriate courts in New York and citing the Clean Air Act was able to bring a halt to the construction of a residential facility under he theory that because there would be a few more cars that would come into the neighborhood, there would be some adverse impact on the standards as established by the Clean Air Act. Now, we all know that there are times that arise when litigants will attempt to utilize any means available to try to achieve their end, and I do not think that any of us would want these standards of the Clean Air Act used for that purpose. And so, what this amendment does is to state what I would personally categorize as hopefully being obvious, but nevertheless to state it explicitly so that there can be no confusion at some time later in the event that litigation is ever undertaken, and this amendment basically says that this Clean Air Act is not to be used in any way to deny the forward movement of any permitting or project which would otherwise meet all of the subdivision and planning and appropriate codes that would be required and are now required under the statutes and regulations for the forward movement of any construction. This is not meant to relax the standards in any way but simply to make it clear that it is not our intention in the enactment of this Clean Air Act to suggest that it t:an be used through some backdoor approach, and I would urge the adoption of this commonsense amendment. Senator FISHER. Mr. President, could we be at ease for a moment'? The PRESIDENT. The Senate will be at ease. (The Senate was at ease.) AMENDMENT DIVIDED Senator BRIGHTBILL. Mr. President. regarding Amendment A2605, I would ask to have the amendment divided so that we would have a separate vote. The division would occur at the bottom of page one. It starts out by saying, "No political subdivision shall have the power to deny...,'' and those are the last four lines, so that we would divide out the portion beginning, "Amend Sec.l4 (Sec.l2), page 144, line II, by inserting after 'ACT.'... " From there on would be divided. The PRESIDENT. The Chair's reading of the gentleman's suggested division is that it is possible to divide the amendment into those two separate parts. Will the Senate agree to part I of the Lewis amendment'? Senator BRIGHTBILL. Mr. President, I would ask for a negative vote on the second section. The second section interferes with the ability of municipal subdivisions to do certain things that are permitted under the language of the bill as presently before you, and, therefore, we would ask for a negative vote on that. The PRESIDENT. Does the gentleman object to dealing with the first part of the amendment first, so that we can proceed in some orderly fashion'? Senator BRIGHTBILL. I have no objection to dealing with the first part of the amendment first, or with going in an orderly fashion. The PRESIDENT. The Chair thanks the gentleman. The question before the Senate is whether to agree with the first part of the Lewis amendment. Generically, that is the section of the amendment dealing with the powers of State agencies. Will the Senate agree to part I of the Lewis amendment'? It was agreed to.

16 2284 LEGISLATIVE JOURNAL--SENATE JUNE 16, The PRESIDENT. Now before the Senate is the remaining part of the amendment that reads, "Amend Section 14,... page 144, line 11, by inserting after 'ACT."' Is that clear? Will the Senate agree to part II of the Lewis amendment? The PRESIDENT. The Chair recognizes the gentleman from: Bucks, Senator Lewis. Senator LEWIS. Mr. President, would the gentleman from Lebanon, Senator Brightbill, kindly stand for interrogation? The PRESIDENT. Will the gentleman from L~banon, Senator Brightbill, permit himself to be interrogated? Senator BRIGHTBILL I will, Mr. President., Senator LEWIS. Mr. President, If I heard the gentleman's comments correctly, he expressed a concern that these pfovisions would in some way interfere with the exercise of the powers of local government. If that is not what he meant to say, I would appreciate it if he would clarify it,. but if that is what he said, I would ask him why he believes that to be the. case, since the language simply says that local governments cannot.deny permit applications because of their inter- pretation of tlie application of this act. It would seem to me that, first of all, we are in no way impinging or interfering with local government authority. In fact, exactly to the contrary. What we are. doing is making sure that the local government units, which are created by us and have to work subject to the rules that we formulate and adopt, are not going to try to impose themselves into an arena or into a position where we do not want them to be. It would be my hope that there would be an appreciation that the last thing in the world we would want local government units. doing is attempting to interpret and apply the provisions of a State Clean Air Act. So, Mr. President, would the gentleman kindly share his opinions about those subjects in more detail? Senator BRIGHTBILL. Mr. President, there are provisions dealing with local governments in the proposed act, and what this does is it limits the power of local government in terms of its powers under what really is the Municipalities Planning Code, and it is intended to be a limitation on the Municipali-! ties Planning Code, and, therefore, we think it is inappropriate. Section 12 of the existing law, and the law as proposed to be amended, deals with the powers reserved to political subdivisiou.s, and we think that this section is clear in terms of the powers granted to them, and we do not believe that this additional language as proposed by the gentleman from Bucks, Senator Lewis, is necessary. Senator LEWIS. Mr. President, I was trying to get some help in terms of clarification on that to which the gentleman might be referring with regard to the Municipalities Planning Code, and I must confess that I have not succeeded in appreciating the point that he is raising. The Municipalities Planning Code does, in its existing provisions, create the opportunity for local governments to deal with issues that relate to the environment, but in no circumstances any less stringently than those that are required by the State Clean Air Act. So it seems to me, unless there is some provision in the MPC with which I am not familiar, that there is no difficulty, there is no adverse impact upon the municipalities, and that, in fact, all we are doing is making it clear that the generallanguageand the general authority that is now to be found in the law is not to be abused or misused in any way by those municipa,lities. S6, Mr. President, because of this interpretation, which it.seems to me is consistent with the current language of the MPC, I would urge my colleagues to cast an affirmative vote. Senator CORMAN. Mr. President, I rise to support the position stated by the gentleman from Bucks County, Senator Lewis. We have a Municipal Planning Code that we worked long and hard to perfectthat describes the area that local government. ought to be involved in for land development in their particular communities. I do not think that we sho:uld be doing it also with the Clean Air Act. I would encourage all ofmy colleagues to join me in a positive vote on this portion 6f the amendment. LEGISLATIVE LEAvE Senator FISHER. Mr. President, I would request a temporary Capitolleave for Senator Hopper. The PRESIDENT. Senator Fi~her requests a temporary Capitol leave for Senator Hopper. The Chair hears no objection. The leave will be granted. Will the Senate agree to part II of the Lewis amendment? (During the calling of the roll, the following occurred:) Senator RHOADES. Mr. President, I would like to change my vote from "no" to "aye.". The PRESIDENT. The gentleman wm be so recorded. Senator ROBBINS. Mr. President, I would like to change my vote from"no" to "aye." The PRESIDENT. The gentleman will be so recorded. Senator GREENLEAF. Mr. President, I would like to change my votefrom "aye" to "no." The PRE,SIDENT. The gentleman will be so recorded. The yeas and nays were required by Senator BRIGHTBILL and were as follows, viz: YEAS-20 Andrezeski Dawida Lewis Rhoades Armstrong Fattah Madigan Robbins Bodack Roll Pecora Shumaker Bortner Jones Porterfield Stewart Corman LaValle Reibman Stout NAYS-24 Afflerbach Greenwood Lincoln Salvatore Baker Hart Loeper Schwartz Bell Helfrick Musto Shaffer Brightbill Hopper O'Pake Stapleton Fisher Jubelirer Peterson Tilghman Greenleaf Lemmond Punt Wenger Less than a majority of the Senators having voted "aye," the question was determined in the negative.

17 1992 LEGISLATIVE JOURNAL-SENATE 2285 LEGISLATIVE LEAVE CANCELLED The PRESIDENT. The Chair recognizes the presence on the floor of Senator Shumaker. His temporary Capitol leave will be cancelled. SPECIAL ORDER OF BUSINESS QUESTS OF SENATOR ROBERT D. ROBBINS PRESENTED TO THE SENATE Senator ROBBINS. Mr. President, I would like to introduce two guest Pages whom we have with us today, Aaron Guyton and David Riccomini, from General McClain High School in Erie County. With them in the balcony is Jim Nellis, County Auditor for Venango County. Thank you. The PRESIDENT. Would the Pages please rise and would their guest and the guest of Senator Robbins please rise so that we could welcome you to the Senate of Pennsylvania. (Applause.) Will the Senate agree to the bill on third consideration, as amended? RHOADES AMENDMENT Senator RHOADES, by unanimous consent, offered the following amendment No. A2587: Amend Title, page 2, line 27, by striking out "AND" where it appears the second time Amend Title, page 2, line 29, by inserting after "FACILI TIES;": providing for siting, criteria and limitations for commercial hazardous waste incinerators, for impact assessments and for grants by facility operators for host community review of permit. applications; Amend Sec. 9, page 115, by inserting between lines 5 and 6: Section 6.8. Commercial Hazardous Waste Facility Siting.. - (a) In addition to the other requirements of this act, the applicant for a commercial hazardous waste incinerator permit shall conduct a risk assessment which analyzes the impact the proposed incinerator may have on food or agricultural products meant for human or animal consumption which are grown or processed within a 15-mile radius of the proposed site. In addition, the applicant shall conduct a risk assessment which analyzes the accumulative impact the proposed incinerator may have on food chain plants and animals surrounding the proposed site. The Environmental Quality Board may promulgate any regulations needed to implement this section. (b) (1) The department may not issue a permit for the siting of a commercial hazardous waste incinerator under the act of July 7, 1980 (P.L.380, No.97), known as the "Solid Waste Management Act," if the proposed facility site is located within one mile of a prison or other facility where individuals are held on an involuntary basis. (2) The department may not issue a permit for the siting of a commercial hazardous waste incinerator under the "Solid Waste Management Act," if the proposed facility site is located within five miles of a school. (c) The department shall not issue a permit to a fixed site contaminated soil incinerator which does not meet all the siting criteria established under 25 Pa. Code Chapter 269 (relating to siting) for hazardous waste facilities. (d) (1) The operator of a commercial hazardous waste incinerator that intends to apply for a permit under the "Solid Waste Management Act," shall make available to the governing body of the host municipality and the host county of any potential sites for the facility a grant Of at least $125,000 each for the purpose of reimbursing the governing bodies for the cost for providing comments on a proposed facility plan and a professional technical review of the permit application and for each 12-month period after the announcement of any proposed faciljty sites. This provision shall not prohibit the governing bodies and the facility operator from agreeing to provide more funds for these purposes. (2) Expenditures under grant.-the county and host municipality may expend the grant on legal, engineering and environmental consulting services necessary for providing comments on a proposed facility plan and to conduct a technical review of the permit application. The county and host municipality shall submit a detailed accounting for expenditures made under the grant to the department and the facility operator. The facility operator shall not have the authority to disapprove expenditures made under the grant as long as the funds are expended for eligible costs. (3) Return of unused funds.-any funds not expended by the host county or host municipality within the 12-month period shall be returned to the facility operator. (4) Application of section;-the provisio~s of this section shall apply to facility operators which announced potential facility sites after January 1, Grant funds for any 12-month period beginning in 1990 shall be available to the host county and host municipality through July 1, (e) The following words and phrases when used in this section shall have the meanings given to them in this subsection unless the context clearly indicates otherwise: "Captive facility." A captive facility as defined and permitted under the act of July 7, 1980'(P.L.380, No.97), known as the "Solid Waste Management Act." Captive facilities can include facilities owned by the generator which accepts offsite waste that is the result of an intracompany transfer of waste from another facility owned by the generator. ''Commercial hazardous waste incinerator.'' A facility which accepts hazardous waste for incineration which is not a captive facility. The term shall not include a boiler or industrial furnace facility as defined in 40 CFR section 260~ 10 (relating to criteria for identifying the characteristics of hazardous waste). "Contaminated soil incinerator." An enclosed device using controlled flame combustion, the primary purpose of which is to thermally break down and purify soil contaminated with petroleum products., "Facility operator." The owner or operator of a commercial hazardous waste incinerator or a person proposing a' commercial hazardous waste incinerator. "Facility site." All contiguous land owned or under the control of an owner or operator of a hazardous waste incinerator facility operator and identified in a permit or permit application. Will the Senate agree to the amendment? Senator RHOADES. Mr. President, this amendment I offer is in perfect keeping with the description of Senate.Bill No where it provides for plans and permits, als~ for acid control for hazardous air pollutants and for control of volatile organic compounds. What I offer in this amendment provides for citing criteria and limitations for commercial hazardous waste incinerators, for impact assessments, and for grants by facility operators fot host community review of permit applications.

18 2286 LEGISLATIVE JOURNAL-SENATE JUNE 16, Primarily, if you are talking about clean air and keeping the air clean, this will limit the permitting so as to not jeopardize that these organic volatiles and heavy metals would be spewed into the air and therefore continue to contaminate. If we are going to make a serious effort here and force our businesses to pay more money for what is going into the air, it does not make sense for us not to then enforce and make hazardous waste incineration more accountable and, therefore, not to jeopardize the health, safety, and welfare ofthe citizens. Less pollutants in the air will mean that we would be in a better position for the health and safety, and also this would eliminate importing of contaminated soil into our area. POINT OF ORDER Senator LINCOLN. Mr. President, I rise to a point of order. The PRESIDENT. The gentleman from Fayette, Senator Lincoln, will state his point. Senator LINCOLN. Mr. President, amendment A2587, I believe, is out of order because it is not germane in that it amends a totally different code than the particular bill that we are dealing with, the clean air bill, Senate Bill No. 1650, and I would ask the Chair to rule that because the amendment is not germane, it is out of order. The PRESIDENT. Would the gentleman yield for just a moment. (The Senate was at ease.) The PRESIDENT. The Chair finds the gentleman from Fayette makes a legitimate parliamentary point. He raises the issue of germaneness, and, in fact, the amendment addresses a se.parate code altogether. The Chair would rule that the amendment, therefore, is not germane and therefore not in order at this time. RULING OF CHAIR APPEALED The PRESIDENT. Does the gentleman from Schuylkill wish to appeal the ruling of the Chair? Senator RHOADES. Yes, Mr. President, I wish to appeal the ruling of the Chair. The PRESIDENT. There is an appeal to the ruling of the Chair, which is certainly the right of the gentleman, and the question is, is the amendment germane? On the.question, Shall the ruling of the Chair be sustained? The PRESIDENT. In order to make it simple, an "aye" vote will be a vote in favor of the ruling of the Chair, and a.. no" vote will be a vote against the ruling of the Chair. Does everybody understand that? Are there any further items to be discussed with regard to this matter? LEGISLATIVE LEAVE Senator FISHER. Mr. President, I would request a temporary Capitol leave for Senator Helfrick. The PRESIDENT. There is a request for a temporary Capitol leave for Senator Helfrick. The Chair hears no objection. The leave will be granted. Shall the ruling of the Chair be sustained? Senator REIBMAN. Would you repeat the question? The PRESIDENT. For the information of the Members, the Chair has ruled in favor of the point of order by Senator Lincoln that the amendment is not germane, the ruling based upon the fact that it amends an entirely different code than the issue that we are dealing with today. The ruling of the Chair has been appealed by the gentleman from Schuylkill, Senator Rhoades, and the vote before the Members now is whether to uphold the ruling of the Chair. An "aye" vote is a vote to uphold the ruling of the Chair and a vote against the germaneness of the amendment. Shall the ruling of the Chair be sustained? YEAS-31 Afflerbach Fattah Lynch Scanlon Andrezeski Mellow Schwartz Armstrong Holl Musto Stewart Bodack Jones O'Pake Stout Bortner LaValle Pecora Tilghman Brightbill Lemmond Porterfield Wenger Corman Lewis Reibman Williams Dawida Lincoln Salvatore NAYS-18 Baker Hart Madigan Robbins Bell Helfrick Peterson Shaffer Fisher Hopper Punt Shumaker Greenleaf Jubelirer Rhoades Stapleton Greenwood Loeper A majority of the Senators having voted ''aye," the question was determined in the affirmative. The PRESIDENT. The vote on the appeal, "ayes" 31; "nays" l 8, the body having affirmed the ruling of the Chair. The question is, are there other amendments to be offered to this bill? Will the Senate agree to the bill on third consideration, as amended? CORMAN AMENDMENT I Senator CORMAN, by unanimous consent, offered the following amendment No. A2624: Amend Sec. 9 (Sec. 6.3), page 104, line 1, by inserting after "ENTITY":, instrumentality Will the Senate agree to the amendment? Senator CORMAN. Mr. President, what this amendment does is on page 103 of the bill, it reads, "No emissions fee established under subsection (B), (C) or (J) of this section shall be payable by any State entity or political subdivision in relation to any publicly owned or operated facility."

19 1992 LEGISLATIVE JOURNAL-SENATE 2287 I would amend that by saying, "... shall be payable by any State entity, instrumentality or political subdivision." I am inserting the word ''instrumentality.'' Will the Senate agree to the amendment? It was agreed to. Will the Senate agree to the bill on third consideration, as amended? CORMAN AMENDMENT II Senator CORMAN, by unanimous consent, offered the following amendment No. A26l9: Amend Sec. 9 (Sec. 7.4), page 118, by inserting between lines 2 and3: (d) The General Assembly of Pennsylvania finds that the interstate transport of pollutants from the State of Ohio contributes significantly to the violation of national ambient air qu~t;y st:mdards by the Commonwealth. Therefore, as set forth m section 176A of the Clean Air Act, the Governor on behalf of the Commonwealth shall petition the Federal EPA Administrat?r. to include the State of Ohio in any interstate transport comnuss1on to which Pennsylvania is a member state. Will the Senate agree to the amendment? Senator CORMAN. Mr. President, we have all known that the air in Pennsylvania has been considerably affected by things that go on west of Pennsylvania because of the air currents, and it seems incredible to me that many counties in Pennsylvania, including the small county of Perry, would be forced to come under compliance of this Clean Air Act when if, in fact, we took away everyone's car, made them stop using wood burners to stop polluting the air. because there are no industries in Perry County. They only have one traffic light, and that is only temporary until they fix the highway. And so, in fact, there are really no traffic lights in all of Perry County, and so they do not have a lot of cars. And it seems to me that it is ridiculous for us to put this burden on them without attacking the area of the nation that really contributes to the bad air that w~ have in Pennsylvania, and that is Ohio. Part of the public law that created the Clean Air Act l have in front of me and in part it reads, "Interstate Transport Commissions. Authority To Establish Interstate Transport Regions. Whenever, on the Administrator's own motion or by petition from the Governor of any State, the Administrator has reason to believe that the interstate transport of air pollutants from one or more States contributes significantly to a violation of a national ambient air quality standard in one or more other States, the Administrator may establish, by rule, a transport region for such pollutant that includes such States. The Administrator, on the Administrator's own motion or upon petition from the Governor of any State, or upon the recommendation of a transport commission established under subsection (b)" such and such add that State to that particular region. And it seems to me that Ohio ought to be in our region if w~ are going to truly try to address the bad air that is in Pennsylvania that is contributed by the State of Ohio. And what my amendment says is that "The General Assembly of Pennsylvania fmds that the interstate transport of pollutants from the State of Ohio contributes significantly to the violation of national ambient air quality standards by the Commonwealth. Therefore, as set forth in Section 176A of the Clean Air Act, the Governor on behalf of the Commonwealth shall petition the Federal EPA Administrator to include the State of Ohio in any interstate transport commission to which Pennsylvania is a member state." Thank you, Mr. President. Will the Senate agree to the amendment? It was agreed to. The PRESIDENT. Senate Bill No will go over in its order, as amended. UNFINISHED BUSINESS RESOLUTION REPORTED FROM COMMITTEE Senator PUNT, from the Committee on Military and Veter ans Affairs, reported the following resolution: SR 176 (Pr. No. 2279) A Resolution directing the Joint State Government Commis sion to create a bipartisan task force to study methods of aiding the conversion of Pennsylvania's defense-related industries to civilian production. The PRESIDENT. The resolution will be placed on the Cal endar. CONGRATULATORY RESOLUTIONS The PRESIDENT laid before the Senate the following reso lutions, which were read, considered and adopted: Congratulations of the Senate were extended to David S Baer, Ralph K. Zartman, Ronald S. Beeler, Sr., Shelby and George Davis and to Mr. and Mrs. Charles Williams by Senator Bortner. Congratulations of the Senate were extended to Charles W. Stoudt by Senator Brightbill. Congratulations of the Senate were extended to Mr. and Mrs. Clarence Fish, Erica Sofianek, William McGinley and to the Mount Carmel Area Junior-Senior High School Girls Softball Team by Senator Helfrick. Congratulations of the Senate were extended to Ieshea Dandridge by Senator Jones. Congratulations of the Senate were extended to Caroline C. Ace by Senator Lemmond. Congratulations of the Senate were extended to Mr. and Mrs. James C. Trump by Senator Lincoln. Congratulations of the Senate were extended to William F. Lumley by Senator Loeper. Congratulations of the Senate were extended to Kristin Wirth and to Chamberlain's Student Transportation Service of Mansfield by Senator Madigan.