COMMONWEALTH OF PENNSYLVANIA LEGISLATIVE JOURNAL

Transcription

1 COMMONWEALTH OF PENNSYLVANIA LEGISLATIVE JOURNAL WEDNESDAY, FEBRUARY 10,1993 SESSION OF TH OF THE GENERAL ASSEMBLY No. 10 SENATE WEDNESDAY, Februaty 10, 1993 The Senate met at 10 a.m., Eastern Standard Time. The PRESIDENf (Lieutenant Governor Mark S. Singel) in the Chair. PRAYER The Chaplain, Reverend Dr. IRIS SIMPSON, of the Faith Tabernacle Church, Allentown, offered the following prayer: Let us assemble ourselves in a moment of silence. Almighty God, our Father and Mother, sovereign ruler ofall the universe, we appeal to the great reservoir of Thy wisdom. Bestow upon the leadership of this Commonwealth's legislature unusual power to guide and govern. Give to the men and women of this august body the indomitable assuage in all of their ways to lead and shepherd the people of Pennsylvania. Invoke Thy divine power individually and collectively to every Member of this body. Grant, 0 God, give sincerity of purpose to the many responsibilities that beset the Governor and State. Make harmonious for all abilities, talents, and skills to fulfill the wonderful promise of the future. Let the charge go forth to every hamlet, county, and region of Pennsylvania that our service to them at all times will be forthright. Divine parent, we appeal that by Thy hand we will guide the ship of State flawlessly. Humble us now, 0 God, so that we will never forget we are patriots of Thee, our God, and our country, and lovers of America. Amen. The PRESIDENf. The Chair thanks Reverend Simpson, who is the guest this day of Senator Reibman and Senator Afflerbach. SPECIAL ORDER OF BUSINESS GUESTS OF SENATOR JEANETTE F. REIBMAN PRESENTED TO SENATE Senator REffiMAN. Mr. President, in the gallery we have today as a guest the Reverend Everett Eugene Smith from Washington, D.C., who is from the Florida Avenue Baptist Church. Would you please welcome Reverend Smith with our usual warm welcome. The PRESIDENf. Reverend Smith, if you would rise, we would recognize you and thank you for coming to join us today. (Applause.) Senator REffiMAN. Thank you, Mr. President. JOURNAL APPROVED The PRESIDENf. A quorum of the Senate being present, the Clerk will read the Journal of the preceding Session of Februaty 9, 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. COMMUNICATIONS FROM THE GOVERNOR NOMINATIONS BY THE GOVERNOR REFERRED TO COMMfITEE The PRESIDENf laid before the Senate the following communications in writing from His Excellency, the Governor of the Commonwealth, which were read as follows, and referred to the Committee on Rules and Executive Nominations: MEMBER OF TIlE STATE BOARD OF AUCTIONEER EXAMINERS To the Honorable, the Senate of the Commonwealth of Februaty 9, 1993 In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Ralph M. Stewart, Box #37, Armagh 15920, Indiana County, Forty-first Senatorial District, for reappointment as a member of the State Board of Auctioneer Examiners, to serve for a term of three years or until his successor is appointed and qualified, but not longer than six months beyond that period. ROBERT P. CASEY Governor MEMBER OF TIlE STATE BOARD OF AUCTIONEER EXAMINERS To the Honorable, the Senate of the Commonwealth of Feblllaty 9, 1993 In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Peggy U. Thompson, 535 East Liberty Street, Chambersburg 17201, Franklin County, Thirty-third Senatorial District, for appointment as a member of the State Board

2 254 LEGISLATIVE JOURNAL - SENATE FEBRUARY 10, of Auctioneer Examiners, to serve for a term of three years or until her successor is appointed and qualified, but not longer than six months beyond that period, vice Clay C. Hess, Collegeville, whose term expired. ROBERT P. CASEY Governor MEMBER OF TIlE COUNCIL OF TRUSTEES OF CALIFORNIA UNIVERSITY OF PENNSYLVANIA OF TIlE STATE SYSTEM OF HIGHER EDUCATION To the Honorable, the Senate of the Commonwealth of February 9, 1993 In conformity with law, I have the honor hereby to nominate for the advice and consent ofthe Senate, Cannine A. Durzo, D.D.S., 105 Old Suffolk Drive, Monroeville 15146, Allegheny County, Forty-fifth Senatorial District, for reappointment as a member of the Council of Trustees ofcalifornia University of Pennsylvania ofthe State System ofhigher Education, to serve until the third Tuesday ofjanuary 1999, and until her successor is appointed and qualified. ROBERT P. CASEY Governor RECALL COMMUNICATIONS REFERRED TO COMMITfEE The PRESIDENf laid before the Senate the following communications in writing from His Excellency, the Governor of the Commonwealth, which were read as follows, and referred to the Committee on Rules and Executive Nominations: MEMBER OF TIlE STATE BOARD OF BARBER EXAMINERS To the Honorable, the Senate of the Commonwealth of February 9, 1993 In accordance with the power and authority vested in me as Governor of the Commonwealth, I do hereby recall my nomination dated February 8, 1993 for the appointment of lara Waters, 1003 Buttonwood Drive, Harrisburg 17109, Dauphin County, Fifteenth Senatorial District, as a member of the State Board of Barber Examiners, to serve for a tetm of three years and until her successor is appointed and qualified, but not longer than six months beyond that period, vice William T. Krahe, Pittsburgh, resigned. I respectfully request the return to me of the official message of nomination on the premises. ROBERT P. CASEY Governor MEMBER OF THE STATE HORSE RACING COMMISSION To the Honorable, the Senate :>f the Commonwealth of February 9, 1993 In accordance with the power and authority vested in me as Governor of the Commonwealth, I do hereby recall my nomination dated January 19, 1993 for the appointment of Andrea Quigley, 323 Short Street, Harrisburg 17111, Dauphin County, Fifteenth Senatorial District, as a member ofthe State Horse Racing Commission, to serve for a term of three years and until her successor is appointed and qualified, but not longer than six months beyond that period, vice John A. Ballard, Philadelphia, whose tetm expired. I respectfully request the return to me of the official message of nomination on the premises. ROBERT P. CASEY Governor CORRECTION TO NOMINATION BY THE GOVERNOR LAID ON THE TABLE The PRESIDENf laid before the Senate the following communication in writing from His Excellency, the Governor of the Commonwealth, which was read as follows, and laid on the table: MEMBER OF THE PENNSYLVANIA PUBLIC UTILITY COMMISSION To the Honorable, the Senate of the Commonwealth of February 9, 1993 Please note the nomination dated February 1, 1993 for the appointment of John R. Hanger, 831 South 48th Street, Philadelphia 19143, Philadelphia County, Eighth Senatorial District, as a member of the Pennsylvania Public Utility Commission, to serve until April 1, 1998, or until his successor is appointed and qualified, but not longer than six months beyond that period, vice Wendell F. Holland, Esquire, Ardmore, whose tetm expired, should be corrected to read: John R. Hanger, 7031 Boyer Street, Philadelphia 19119, Philadelphia County, Fourth Senatorial District, as a member of the Pennsylvania Public Utility Commission, to serve until April 1, 1998, or until his successor is appointed and qualified, but not longer than six months beyond that period, vice Wendell F. Holland, Esquire, Ardmore, whose tetm expired. HOUSE MESSAGE 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. BILLS INTRODUCED AND REFERRED The PRESIDENT laid before the Senate the following Senate Bills numbered, entitled and referred as follows, which were read by the Clerk: February 9, 1993 Senator HOLL presented to the Chair SB 423, entitled: An Act amending the act of December 12, 1973 (P. L. 397, No. 141), entitled "Teacher Certification Law," further providing for proceedings to discipline professional educators.

3 1993 LEGISLATIVE JOURNAL - SENATE 255 Which was committed to the Committee on EDUCATION, Februaty 9, Senator HOLL presented to the Chair SB 424, entitled: An Act amending Title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes, further providing for provisions relating to child abuse. Which was committed to the Committee on AGING AND Yourn, Februaty 9, Senators STOll, BELAN, REffiMAN, MUSTO, PORTERFIELD, LAVALLE and LYNCH presented to the Chair SB 425, entitled: An Act amending the act of June 3, 1937 (P. L. 1333, No. 320), entitled "Pennsylvania Election Code," further providing for the circulation and filing of nomination petitions. Which was committed to the Committee on STATE GOVERNMENT, Februaty 9, Senators STOll, BELAN, MUSTO, PORTERFIELD and LAVALLE presented to the Chair SB 426, entitled: An Act amending the act of June 3, 1937 (P. L. 1333, No. 320), entitled "Pennsylvania Election Code," further providing for the compensation of election officers. Which was committed to the Committee on STATE GOVERNMENT, Februaty 9, Senators STOll and BELAN presented to the Chair SB 427, entitled: An Act designating a section of Route 3013 in Westmoreland County, Pennsylvania, as the C. Vance DeiCas Memorial Highway. Which was committed to the Committee on TRANSPOR TATION, Februaty 9, Senators STOUT, BELAN, STAPLETON and MUSTO presented to the Chair SB 428, entitled: An Act amending the act of May 21, 1931 (P. L. 149, No. 105), entitled, as amended, "The Liquid Fuels Tax Act," providing for additional uses of fuel tax funds. Which was committed to the Committee on TRANSPOR TATION, Februaty 9, Senators STOll, BELAN, STAPLETON, MUSTO and LAVALLE presented to the Chair SB 429, entitled: An Act amending the act of July 5, 1984 (P. L. 587, No. 119), entitled "Rail Freight Preservation and Improvement Act," further providing for sale of property acquired under the act; providing for a unifonn rental schedule for occupations of rail property acquired under the act; and creating a special fund to be used for managing and administering the rail freight assistance program. Which was committed to the Committee on TRANSPOR TATION, Februaty 9, Senators STOll, BELAN, REIBMAN, MUSTO and LAVALLE presented to the Chair SB 430, entitled: An Act amending the act of June 1, 1945 (P. L. 1242, No. 428), entitled "State Highway Law," further providing for proposal guaranty for execution of contract. Which was committed to the Committee on TRANSPOR TATION, Februaty 9, Senators STOll, BELAN, REffiMAN, MUSTO and LAVALLE presented to the Chair SB 431, entitled: An Act providing for the transfer of funds within the Capital Facilities Fund designated for State Highway and Bridge Authority projects and Advanced Construction Interstate projects to highway projects of the Department of Transportation. Which was committed to the Committee on TRANSPOR TATION, Februaty 9, Senator STOll presented to the Chair SB 432, entitled: An Act designating an interchange under construction on Interstate 79 in Cecil Township, Washington County, as Southpointe Interchange; and designating a portion of State Route 1032 in Cecil Township, Washington County, as Soutbpointe Boulevard. Which was committed to the Committee on TRANSPOR- TATION, Februaty 9, Senators ANDREZESKI, FUMO, STAPLETON, BELAN, PORTERFIELD, LYNCH and WILLIAMS presented to the Chair SB 433, entitled: An Act amending the act of March 28, 1984 (P. L. 150, No. 28), entitled "Automobile Lemon Law," replacing informal dispute settlement procedure with State-certified new car arbitration; and providing for sanctions and penalties. Which was committed to the Committee on CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, Februaty 9, Senators ANDREZESKI, WILLIAMS, LYNCH, BELAN and STAPLETON presented to the Chair SB 434, entitled: An Act amending the act of March 28, 1984 (P. L. 150, No. 28), entitled "Automobile Lemon Law," further providing for a certain presumption. Which was committed to the Committee on CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, Februaty 9, Senators ANDREZESKI, FUMO, LEWIS, STAPLETON, FATTAH, BELAN, PORTERFIELD, AFFLERBACH and WILLIAMS presented to the Chair SB 435, entitled: An Act amending the act of June 3, 1937 (P. L. 1333, No. 320), entitled "Pennsylvania Election Code," providing for driver's license voter registration. Which was committed to the Committee on STATE GOVERNMENT, Februaty 9, Senators ANDREZESKI, BELAN, STAPLETON and WIL LIAMS presented to the Chair SB 436, entitled: An Act amending the act of April 29, 1937 (P. L. 487, No. 115), entitled, as reenacted and amended, "The Pennanent Registration Act for Cities of the Second Class, Cities of the Second Class A, Cities of the Third Class, Boroughs, Towns, and Townships," providing for voter registration in precincts and on election day. Which was committed to the Committee on LOCAL GOVERNMENT, Februaty 9, 1993.

4 256 LEGISLATIVE JOURNAL - SENATE FEBRUARY 10, Senators ANDREZESKI, FUMO, STAPLETON, BELAN and PORTERFIELD presented to the Chair SB 437, entitled: An Act amending Title 18 (Crime and Offenses) of the Pennsylvania Consolidated Statutes, further providing for prohibited offensive weapons. Which was committed to the Committee on JUDICIARY, Senators HELFRICK, CORMAN, WENGER MADIGAN, SCHWARTZ and MUSTO presented to the Chair SB 438, entitled: An Act providing for subsidies for the purchase ofmultiperil crop insurance; establishing the Multiperil Crop Insurance Subsidy Fund and providing for its administration; conferring powers and duties upon the Department of Agriculture; and making an appropriation. Which was committed to the Committee on AGRICUL- TIJRE AND RURAL AFFAIRS, Senators HELFRICK, CORMAN, WENGER MADIGAN, SCHWARTZ, MUSTO and RHOADES presented to the Chair SB 439, entitled: An Act providing for the construction of six anaerobic manure digesters as demonstration projects at select locations in this Commonwealth; and making an appropriation. Which was committed to the Committee on AGRICULlURE AND RURAL AFFAIRS, Senators HELFRICK, CORMAN, WENGER and RHOADES presented to the Chair SB 440, entitled: An Act providing matching grants to public or private regional entities ~o promote exports; and making an appropriation. Which was committed to the Committee on COMMUNTIY AND ECONOMIC DEVEWPMENT, Senators HELFRICK, CORMAN, SCHWARTZ, MUSTO and RHOADES presented to the Chair SB 441, entitled: An Act amending Title 54 (Names) ofthe Pennsylvania Consolidated Statutes, restricting the use of "911." Which was committed to the Committee oncommunica TIONS AND HIGH TECHNOLOGY, Senators HELFRICK, CORMAN and STOUT presented to the Chair SB 442, entitled: An Act amending the act of June 11, 1968 (P. L. 149, No. 84), entitled "Volunteer Firemen's Relief Association Act," further providing for volunteer frrefighters' retirement plans. Which was committed to the Committee on VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS, Senators HELFRICK and RHOADES presented to the Chair SB 443, entitled: An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, imposing educational requirements for drivers' licenses or learners' pennits for minors under 18 years of age; and providing for suspensions for noncompliance. Which was committed to the Committee on TRANSPOR TATION, Senator HELFRICK presented to the Chair SB 444, entitled: An Act amending the act of March 10, 1949 (P. L. 30, No. 14), entitled "Public School Code of 1949," further providing for conflicts of interest concerning school directors. Which was committed to the Committee on EDUCAnON, Senators GREENLEAF and FUMO presented to the Chair SB 445, entitled: An Act defining full-service and self-service motor vehicle fuel stations; establishing minimum services; requiring motor vehicle fuel stations to have air pumps for the public and for certain services for persons with disabilities; and providing penalties. Which was committed to the Committee on CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, Senators GREENLEAF, BELAN, BELL, BORTNER FUMO, LEMMOND, PETERSON, RHOADES, SAL VATORE, SCHWARTZ, TILGHMAN and WILLIAMS presented to the Chair SB 446, entitled: An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, further providing for veteran plates and placard. Which was committed to the Committee on TRANSPOR- TATION, Senators GREENLEAF, BELL, FUMO, HELFRICK, LEMMOND, LEWIS, LYNCH, MOWERY, MUSTO, PETERSON, RHOADES, SHAFFER, TILGHMAN and WILLIAMS presented to the Chair SB 447, entitled: An Act imposing duties on kennels and pet shops licensed by the Pennsylvania Department ofagriculture or the United States Department of Agriculture; providing for misrepresentation of pedigree and health of dogs bred for sale and for enforcement by the Attorney General; and imposing penalties. Which was committed to the Committee on AGRICULlURE AND RURAL AFFAIRS, Senators GREENLEAF, BELL, PUMO, HELFRICK, PETERSON, ROBBINS and WILLIAMS presented to the Chair SB 448, entitled: An Act providing limitations on contracts for dating services, for cancellation of dating service contracts, and for violations ofthe act. Which was committed to the Committee on CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, Senator PUNT presented to the Chair SB 449, entitled: An Act amending the act of April 12, 1951 (P. L. 90, No. 21), entitled, as reenacted, "Liquor Code," authorizing a voter referendum to consider issuing liquor licenses to certain clubs in dry municipalities. Which was committed to the Committee on LAW AND JUSTICE,

5 1993 LEGISLATIVE JOURNAL - SENATE 257 Senator Tll.GHMAN presented to the Chair SB 450, entitled: An Act amending the act of April 9, 1929 (P. L. 177, No. 175), entitled "The Administrative Code of 1929," further providing for the submission of agency budget requests to the General Assembly and for control of the budgeting processes by the General Assembly. Which was committed to the Committee on STATE GOVERNMENT, Senator Tll.GHMAN presented to the Chair SB 451, entitled: An Act amending the act of March 4, 1971 (P. L. 6, No.2), entitled "Tax Reform Code of 1971," excluding from sales tax the sale or use of certain services between related corporations. Which was committed to the Committee on FINANCE, Senator Tll.GHMAN presented to the Chair SB 452, entitled: An Act amending the act of March 4, 1971 (P. L. 6, No.2), entitled "Tax Reform Code of 1971," repealing certain provisions imposing sales and use tax on secretarial or editing services. Which was committed to the Committee on FINANCE, Senator Tll.GHMAN presented to the Chair SB 453, entitled: An Act amending the act of March 4, 1971 (p. L. 6, No.2), entitled "Tax Reform Code of 1971," repealing certain provisions imposing sales and use tax on pest control services and building maintenance or cleaning services. Which was committed to the Committee on FINANCE, Senator TILGHMAN presented to the Chair SB 454, entitled: An Act amending the act of March 4, 1971 (P. L. 6, No.2), entitled "Tax Reform Code of 1971," repealing certain provisions imposing sales and use tax on employment agency services or help supply services. Which was committed to the Committee on FINANCE, Senator TILGHMAN presented to the Chair SB 455, entitled: An Act amending the act of March 4, 1971 (P. L. 6, No.2), entitled "Tax Reform Code of 1971," repealing certain provisions imposing sales and use tax on self-storage services. Which was committed to the Committee on FINANCE, Senator Tll.GHMAN presented to the Chair SB 456, entitled: An Act amending the act of March 4, 1971 (P. L. 6, No.2), entitled "Tax Reform Code of 1971," repealing certain provisions imposing sales and use tax on lawn care services. Which was committed to the Committee on FINANCE, Senator Tll.GHMAN presented to the Chair SB 457, entitled: An Act amending the act of March 4, 1971 (p. L. 6, No.2), entitled "Tax Reform Code of 1971," repealing certain provisions imposing sales and use tax on adjustment services, collection services or credit reporting services. Which was committed to the Committee on FINANCE, Senator TILGHMAN presented to the Chair SB 458, entitled: An Act amending the act of March 4, 1971 (P. L. 6, No.2), entitled "Tax Reform Code of 1971," repealing certain provisions imposing sales and use tax on computer programming services, computer-integrated systems design services, computer processing, data preparation or processing services, information retrieval services, computer facilities management services or other computer-related services. Which was committed to the Committee on FINANCE, Senators HART, JUBELIRER. MADIGAN, SHUMAKER. CORMAN, BRIGHTBILL, HELFRICK, PETERSON, MOWERY and HOLL presented to the Chair SB 459, entitled: An Act amending the act of July 3, 1986 (P. L. 388, No. 84), entitled "Sunshine Act," providing for public comment. Which was committed to the Committee on STATE GOVERNMENT, Senators AFFLERBACH, O'PAKE, LEWIS and SCAN WN presented to the Chair SB 460, entitled: An Act amending the act of December 18, 1984 (P. L. 1004, No. 204), entitled "An act extending benefits to police chiefs or heads of police departments of political subdivisions of the Commonwealth who have been removed from bargaining units by the Pennsylvania Labor Relations Board," providing for fire officers. Which was committed to the Committee on LOCAL GOVERNMENT, Senators GREENLEAF, AFFLERBACH, CORMAN, HART, RHOADES and ROBBINS presented to the Chair SB 461, entitled: An Act requiring that, when motor vehicles are serviced or repaired, any parts replaced must be returned upon request; and providing penalties for noncompliance. Which was committed to the Committee on CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, Senators GREENLEAF, DAWIDA, HOLL, RHOADES and ROBBINS presented to the Chair SB 462, entitled: An Act providing for the protection of historic trees; conferring powers and duties on the Bureau of Forestry; and imposing a penalty.

6 258 LEGISLATIVE JOURNAL - SENATE FEBRUARY 10, Which was committed to the Committee on ENVIRONMENfAL RESOURCES AND ENERGY, Senators GREENLEAF, BELL, CORMAN, FISHER, HART, HOLL, LEMMOND, WEPER, PETERSON, RHOADES, SHAFFER, TILGHMAN, WENGER and WIL LIAMS presented to the Chair SB 463, entitled: An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, adding the offense of vehicle piracy; and imposing a penalty. Which was committed to the Committee on mdiciary, Senators GREENLEAF, AFFLERBACH, DAWIDA, HOLL, LEMMOND, MUSTO, PECORA, PETERSON, RHOADES, ROBBINS, SALVATORE and TILGHMAN presented to the Chair SB 464, entitled: An Act providing for control and treatment of Lyme disease; and making appropriations. Which was committed to the Committee on PUBLIC HEALTH AND WELFARE, Senators GREENLEAF, PETERSON, SALVATORE and STOUT presented to the Chair SB 465, entitled: An Act prohibiting and restricting the use of certain instruments in connection with renal dialysis; granting rights to renal dialysis patients; and imposing duties on the Deparbnent of Health. Which was committed to the Committee on PUBLIC HEALTH AND WELFARE, Senators GREENLEAF, SCHWARTZ and WENGER presented to the Chair SB 466, entitled: An Act amending Title 23 (Domestic Relations) ofthe Pennsylvania Consolidated Statutes, providing for duties of the clerk ofthe otphans' court division and district justices and for fees relating to marriages; authorizing certain officers in home rule municipalities to solemnize marriages; and making technical and editorial corrections. Which was committed to the Committee on mdiciary, Senators BRIGHTBILL, MUSTO, FISHER, SCHWARTZ, HOLL, RHOADES, O'PAKE, GREENLEAF, PORTERFIELD, WENGER, mbelirer and MADIGAN presented to the Chair SB 467, entitled: An Act providing for a goal for composting organic residual and municipal waste; setting standards for compost; excluding compost from the deftnition of "solid waste"; and establishing an assistance program for developing composting facilities and organic waste collection programs. Which was committed to the Committee on ENVIRONMENTAL RESOURCES AND ENERGY, Senators AFFLERBACH, RHOADES, WILLIAMS, WENGER, HART, SALVATORE, STAPLETON, LYNCH, LAVALLE, PETERSON and PUNT presented to the Chair SB 468, entitled: An Act amending the act of March 4, 1971 (P. L. 6, No.2), entitled "Tax Reform Code of 1971," exempting the sale or use of subscriptions of periodicals and certain other publications from tax. Which was committed to the Committee on FINANCE, Senators STOUT, BELAN, HELFRICK, MUSTO and FISHER presented to the Chair SB 469, entitled: An Act amending the act of August 23, 1961 (p. L. 1068, No. 484), entitled, as reenacted and amended, "An act to provide for the creation and administration of a Coal and Clay Mine Subsidence Insurance Fund within the Deparbnent of Environmental Resources for the insurance of compensation for damages to subscribers thereto;...," extending application of the act to landslides; adding and amending certain defmitions; and further providing for premiums and for claims against the fund. Which was committed to ENVIRONMENTAL RESOURCES the Committee on AND ENERGY, Senators STOUT, CORMAN, STAPLETON, PORTERFIELD, AFFLERBACH, PETERSON, FUMO, LYNCH and ROBBINS presented to the Chair SB 470, entitled: An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, further providing for the issuance of and the cost for identification cards. Which was committed to the Committee on TRANSPOR TATION, Senators STOUT, BELAN and FATTAH presented to the Chair SB 471, entitled: An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, providing for a safe driving course. Which was committed to the Committee on TRANSPOR TATION, Senators STOUT, BELAN, REllMAN, PETERSON and FATTAH presented to the Chair SB 472, entitled: An Act amending the act of March 10, 1949 (P. L. 30, No. 14), entitled "Public School Code of 1949," mandating that all school districts provide instruction for the safe driving ofmotor vehicles; and making an editorial change. Which was committed to the Committee on EDUCATION, Senators STOUT, BELAN and PORTERFIELD presented to the Chair SO 473, entitled: An Act amending the act of June 17, 1913 (P. L. 507, No. 335), entitled "Intangible Personal Property Tax Law," excluding third through eighth class counties from the provisions of this act. Which was committed to the Committee on LOCAL GOVERNMENT,

7 1993 LEGISLATIVE JOURNAL - SENATE 259 Senators O'PAKE, BELAN, LINCOLN, AFFLERBACH, REffiMAN, BODACK, STAPLETON, MELLOW, JONES, SCHWARTZ, MOWERY, HELFRICK,MUSTO, FISHER and PETERSON presented to the Chair SB 474, entitled: An Act amending the act of April 9, 1929 (P. L. 177, No. 175), entitled "The Administrative Code of 1929," establishing the Governor's Office of Citizen Service (PennServe) within the Department of Labor and Industry; creating the Community Service Advisory Board; and providing for coordination ofcommonwealth community service programs. Which was committed to the Committee on INTER- GOVERNMENTAL AFFAIRS, Senators O'PAKE, BELAN, LINCOLN, AFFLERBACH, REffiMAN, BODACK, STAPLETON, MELLOW, JONES, HELFRICK, MUSTO, RHOADES, FISHER and PETERSON presented to the Chair SB 475, entitled: An Act amending the act of July 2, 1984 (P. L. 561, No. 112), entitled "Pennsylvania Conservation Corps Act," further providing for defmitions, for duties of the Secretary of Labor and Industry, for projects, for eligibility for program, for compensation, for supervisors, for appropriations and for expiration ofthe Pennsylvania Conservation Corps and the act; making a repeal; and making editorial changes. Which was committed to the Committee on LABOR AND INDUSTRY, Senators FISHER, HART, SALVATORE and HOLL presented to the Chair SB 476, entitled: An Act amending the act of March 4, 1971 (P. L. 6, No.2), entitled "Tax Reform Code of 1971," further defming "tangible personal property" with respect to prebuilt housing; and further providing for the imposition of the tax on prebuilt housing. Which was committed to the Committee on FINANCE ' Senators FISHER, FUMO and SALVATORE presented to the Chair SB 477, entitled: An Act amending the act of February 1, 1966 (1965 P. L. 1656, No. 581), entitled "The Borough Code," further providing for mayors' associations. Which was committed to the Committee on LOCAL GOVERNMENT, Senators FISHER, WENGER, HART, HELFRICK, COR MAN and PETERSON presented to the Chair SB 478, entitled: An Act amending the act of April 9, 1929 (P. L. 343, No. 176), e,ntitled, as amended, "The Fiscal Code," further providing for disposition of abandoned property held by courts and public officers. Which was committed to the Committee on FINANCE, Senators FISHER, BELAN, CORMAN, HART, PETERSON, BELL, SCHWARTZ and HOLL presented to the Chair SB 479, entitled: An Act providing for the recycling of containers holding liquor and other alcoholic beverages; and further providing for the powers and duties ofthe Pennsylvania Liquor Control Board and the Pennsylvania State Police. Which was committed to the Committee on ENVIRONMENTAL RESOURCES AND ENERGY, Senators FISHER, HOLL, BELAN, SCHWARTZ, BELL and PETERSON presented to the Chair SB 480, entitled: An Act providing for the removal oftoxins in packaging; giving the l?~partment of Environmental Resources certain responsibilities; providing for enforcement; and imposing penalties. Which was committed to the Committee on ENVIRONMENTAL RESOURCES AND ENERGY, Senators GREENLEAF, LEWIS, HOLL and PORTERFIELD presented to the Chair SB 481, entitled: An Act providing for a system of post-release supervision; e~tab~shing an adj~cative.agency to render decisions regarding vlolati~~ and providing for Its powers and duties; providing for the supervision ofoffenders by the Department ofcorrections and transferring supervisory powers and duties to that department; providing for work-related time and earned time; continuing the Advisory Committee on Probation; and making repeals. Which was committed to the Committee on JUDICIARY ' Senators GREENLEAF, FISHER, AFFLERBACH, COR MAN, HELFRICK, PECORA, PETERSON, PORTERFIELD, SALVATORE and WENGER presented to the Chair SB 482, entitled: An Act amending Title 18 (Crimes and Offenses) ofthe Pennsylvania Consolidated Statutes, further providing for the defmition ofthe offense of assault by prisoner; and providing for consecutive sentences in certain aggravated assault cases and in cases involving assaults by prisoners. Which was committed to the Committee on JUDICIARY ' Senators GREENLEAF, LEWIS, FISHER, JONES, RHOADES, SCHWARTZ and WENGER presented to the Chair SB 483, entitled:. ~ Act establishing intermediate sentencing programs for eligible criminal offe~~ers; providing for an intermediate punishment officer; further providing for duties of judges and district attorneys; and making an appropriation. Which was committed to the Committee on JUDICIARY ' Senators GREENLEAF, LEWIS, FISHER, JONES, RHOADES, SCHWARTZ and WENGER presented to the Chair SB 484, entitled: An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, further providing for intermediate punishment. Which was committed to the Committee on JUDICIARY '

8 260 LEGISLATIVE JOURNAL - SENATE FEBRUARY 10, Senators GREENLEAF, FISHER, JONES, MOWERY, MUSTO, WENGER and WILLIAMS presented to the Chair SB 485, entitled: An Act amending the act of April 9, 1929 (P. L. 177, No. 175), entitled "The Administrative Code of 1929," establishing the Citizens' Advisory Council on Corrections; and providing for its powers and duties. Which was committed to the Committee on JUDICIARY, APPOINTMENTS BY PRESIDENT PRO TEMPORE The PRESIDENT. The Chair wishes to announce the President pro tempore has made the following appointments: Senator Earl Baker and Senator J. Doyle Connan to serve on the Local Government Commission. APPOINTMENT BY MINORITY LEADER The PRESIDENT. The Chair wishes to announce the Minority Leader has made the following appointment: Senator Robert D. Robbins as a member of the Task Force of the Joint State Government Commission studying ways in which the Commonwealth can enhance service efficiency at minimal economic public cost. SPECIAL ORDER OF BUSINESS ANNOUNCEMENT BY THE SECRETARY The SECRETARY. Consent has been given for the Committee on Rules and Executive Nominations to meet during today's Session to consider certain nominations. LEGISLATIVE LEAVES Senator JUBELIRER Mr. President, Senator Loeper and Senator Robbins are attending the MILRITE Council meeting, and I would request a temporary Capitol leave for them until that meeting is over and they can return to the floor. Senator LINCOLN. Mr. President, I would request a temporary Capitol leave for Senator Williams. The PRESIDENT. Senator Jubelirer requests temporary Capitol leaves for Senator Loeper and Senator Robbins. Senator Lincoln requests a temporary Capitol leave for Senator Williams. The Chair hears no objection. Those leaves will be granted. SENATE RESOLUTION DESIGNATING THE WEEK OF MARCH 7 THROUGH 13, 1993, AS "GIRL SCOUT WEEK" IN HONOR OF THE 81ST ANNIVERSARY OF GIRL SCOUTING Senators REIBMAN, PECORA, DAWIDA, CORMAN, ROBBINS, AFFLERBACH, PORTERFIELD, SHAFFER, BORTNER, HART, SCHWARTZ, WENGER, HELFRICK, FISHER, MUSTO, STOUT, LEWIS, SALVATORE, GREENLEAF, JONES, SHUMAKER, BELL, RHOADES, LYNCH, STAPLETON, PETERSON and BELAN offered the following resolution (Senate Resolution No. 19), which was read, considered and adopted: In the Senate, Februaty 10, 1993 A RESOLUTION Designating the week of March 7 through 13, 1993, as "Girl Scout Week" in honor of the 81st Anniversary of Girl Scouting. WHEREAS, Girl Scouting was founded in 1912 in Savannah, Georgia, and this year is celebrating its 81st year of giving girls a chance to develop their potential, to make friends and to become a vital part of the community; and WHEREAS, Girl Scouting is open to all girls ages 5 through 17 who subscribe to its ideals as stated in the Girl Scout Promise and Law; and WHEREAS, There are today nearly 3,000,000 Girl Scouts, including Daisy Scouts, Brownies, Juniors, Cadets, Seniors and Leaders, which means that one girl out of every nine, ages 5 to 17, is a Girl Scout; and WHEREAS, The Girl Scouts have kept pace with the needs of society, awarding badges 71 years ago for such skills as "dairy maid," "laundress" and "matron housekeeper," while today awarding badges for "leadership," "technology" and "communication"; and WHEREAS, Girl Scouts of the United States of America, with 3,000,000 members, is the largest voluntary organization for girls in the world, and it is part of a family of girls in 108 countries through the World Association of Girl Guides and Girl Scouts; and WHEREAS, Girl Scouting is a celebration ofa spirit ofadventure that challenges Girl Scouts to learn new skills, to try new activities and to explore other cultures; and WHEREAS, Communities in Pennsylvania benefit from Girl Scouts through the services and good citizenship that scouting provides; therefore be it RESOLYEO, That the Senate of Pennsylvania hereby designate the week of March 7 through 13, 1993, as "Girl Scout Week" in honor of the gist Anniversary of Girl Scouting; and be it further RESOLVED, That a copy ofthis resolution be transmitted to the 14 Pennsylvania Girl Scout Councils. SPECIAL ORDER OF BUSINESS GUEST OF SENATOR EARL M. BAKER PRESENTED TO SENATE Senator BAKER Mr. President, today in the gallery we have a distinguished visitor whom I would like to introduce at this time. She is the Governor's nominee to the State Tax Equalization Board. She has been on the board for 9 years and does an excellent job, Mrs. Martha Bell Schoeninger. The PRESIDENT. Would Mrs. Martha Bell Schoeninger please rise so that we can welcome you to the Senate of Pennsylvania. (Applause.) SPECIAL ORDER OF BUSINESS ANNOUNCEMENT BY THE SECRETARY The SECRETARY. Consent has been given for the Committee on Labor and Industry to meet during today's Session to consider Senate Bill No.4.

9 1993 LEGISLATIVE JOURNAL - SENATE 261 CALENDAR SENATE CONCURRENT REGULATORY REVIEW RESOLUTION NO.1, CALLED UP OUT OF ORDER Senator LINCOLN, without objection, called up out oforder from page 3 of the Calendar, as a Special Order of Business, Senate Concurrent Regulatory Review Resolution No.1, entitled: Disapproving State Ethics Commission proposed regulations which implement amendments to the act of October 4, 1978 (P.L. 883, No. 170), referred to as the Public Official and Employee Ethics Law. Will the Senate adopt the resolution? SENATE CONCURRENT REGULATORY REVIEW RESOLUTION NO.1, LAID ON THE TABLE Senator LINCOLN. Mr. President, I move that Senate Concurrent Regulatory Review Resolution No. 1 be laid on the table. Will the Senate agree to the motion? The yeas and nays were required by Senator LINCOLN and were as follows, viz: YEAS-49 Afflerbach 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 Fattab Loeper Rhoades Williams Fisher NAYS-O A majority ofthe Senators having voted "aye," the question was determined in the affirmative. The PRESIDENT. Senate Concurrent Regulatory Review Resolution No. I will be laid on the table. ANNOUNCEMENT BY MAJORITY LEADER Senator LINCOLN. Mr. President, at this time I would ask that you recognize the gentleman from Cumberland, Senator Mowery, for the purpose of the Lincoln Day speech. At the conclusion ofthat speech, I would then ask that we recess for caucus. At the conclusion of caucus, we will come back and have a meeting of the Committee on Rules and Executive Nominations. At the conclusion ofthe meeting ofthe Committee on Rules and Executive Nominations, we will have a meeting of the Committee on Labor and Industry and then come back to the floor and debate the issues that are on the Calendar. The PRESIDENT. The Chair thanks the gentleman for the clarification of the schedule. The PRESIDENT pro tempore (Robert J. Mellow) in the Chair. The PRESIDENT pro tempore. Prior to my recognizing the gentleman from Cumberland, Senator Mowery, I would like all Members to take their seats for an important address, please. The Chair recognizes the gentleman from Cumberland County, Senator Mowery. Senator MOWERY. Mr. President, I understand that the freshman Senator is given this opportunity, and I appreciate it so much. However, before I make my remarks, I think it is important that you know that this is strictly nonpartisan. The freshman class had a meeting as to who was going to deliver this address today and I won, and that adds to the privilege of being here, Mr. President. The PRESIDENT pro tempore. They are to be congratulated for making a wise decision, Senator. Senator MOWERY. Thank you very much, sir. SPECIAL ORDER OF BUSINESS CEREMONY IN COMMEMORATION OF THE BIRTHDAY OF ABRAHAM LINCOLN Senator MOWERY. American history is filled with the acts and words of great men and women. We have had many heroes, many inspirations, many remarkable leaders throughout our national experience, yet at the top of every list, the consummate American is Abraham Lincoln. More than a century after his death, he is still frequently cited and written about, and he holds an unparalleled place in our historic fascination. Lincoln overcame an incredible string ofpersonal hardships and political setbacks to serve our Nation in a time of its most serious crisis and led the country through to achieving two great goals - preserving the Union and ending the blot of slavery. What is remarkable is how much of his life and his wisdom remains instructive. Part ofthe Lincoln lore relates to his education - his absorption of the few books he read as a youth, including the hatchet-and-cherry-tree version ofgeorge Washington's life; his working with charcoal on wood by firelight to master arithmetic. His education was never easy and rarely formal, yet he became a successful attorney, an outstanding speaker, and an incomparable President. Lincoln had a very supportive stepmother, who encouraged his pursuit of learning. As an adult, he was a reader, a constant learner, well versed in the Bible and Shakespeare, enjoying a range of literature that included essays, poetry, and comic writing. His reading expressed itself in some of the most stirring and memorable phrases ofour history, exemplified by the Gettysburg Address and his second inaugural address. Such a perspective, of course, makes us wistful. As one pundit notes,

10 262 LEGISLATIVE JOURNAL - SENATE FEBRUARY 10, Lincoln once walked 20 miles to borrow a book, so now we close the libraries to celebrate his birthday. These days, as we confront tough questions in the educational area - SATs, school busing, special education, student learning outcomes - we spend a great deal of time on the process. But at the heart of it, what Lincoln had - parental interest, a concentration on reading, expectations for one generation doing better than the one before - these things are as fundamental to learning today as they were to young Abe Lincoln. In his first public speech, Lincoln said two things about education. First, he did not presume to dictate any plan or system; and second, he regarded it as the most important subject to be engaged in by our society. Basic thoughts but enduring truths, that helps explain why Lincoln is still so revered. The views he set forth and the answers he provided hold meaning yet today. While he is generally viewed through the prism of the Civil War, Lincoln had to grapple with all the commonplace problems ofpolitics - appointments, contracts, pardons, clashes with Congress, changes in the Cabinet, and disloyalty within the administration - yet he was able to weather the political storms and push for national goals. One of Lincoln's neighbors told of Abe walking down the street followed by two of his boys, both of them wailing loudly. He was asked about the problem. What was the problem with the boys? And Lincoln replied, just the same thing that is wrong with the world. I have three walnuts and each wants two. That sort of conflict is a daily staple of politics and governance as it is today. Certainly, the challenges we face do not rise to the level of waging and winning a Civil War, thank goodness. But clearly matters such as economic recovery, education improvement, health care expansion, and reform of our political system require careful and thoughtful leadership. Solutions will come only when regional and partisan interests are brought together in common cause for the good of the people. How to fairly divide the walnuts of our resources and opportunities will require all the skills and leadership that we can muster. The final Lincoln observation is that leadership is not always appreciated at the time. In November of1863, the Harrisburg Patriot and Union described the Gettysburg Address as silly remarks, and wished that they shall no more be repeated or thought of. About the same time, a political commentator said that not a single Republican Senator supported Lincoln's renomination. The press and the political experts were wrong, just as those who layout the conventional wisdom today are also often wrong. Our system of government at all levels will improve when officials elected and appointed put leadership ahead of the polls, insist on greater accountability in production, and make the tough choices that our people demand and that Pennsylvania needs for us to prosper in the future. Thank you, Mr. President. (Applause.) LEGISLATIVE LEAVES CANCELLED The PRESIDENT pro tempore. The Chair recognizes the presence on the floor of Senator Loeper, Senator Robbins, and Senator Williams. Their leaves will be cancelled. PERMISSION TO ADDRESS SENATE Senator REffiMAN asked and obtained unanimous consent to address the Senate. Senator REffiMAN. Mr. President, I offer a bill on behalf ofmy colleagues and myself which we hope will answer some of the questions raised in Blue vs. Blue, the case that would provide for parental responsibilities for higher education for their children. Thank you. The PRESIDENT pro tempore. The remarks of the gentlewoman will be spread upon the record. ANNOUNCEMENT BY MAJORITY LEADER Senator LINCOLN. Mr. President, I would like to have the Members of the Democratic Caucus report to the caucus room immediately upon the recess. And as I said before, we will come back from caucus, have a meeting of the Committee on Rules and Executive Nominations, and at the conclusion ofthe meeting of the Committee on Rules and Executive Nominations have a meeting ofthe Committee on Labor and Industry, and then proceed to Session for several items on the Calendar. ANNOUNCEMENT BY MINORITY LEADER Senator JUBELIRER. Mr. President, I would request that upon the recess, all Members ofthe Republican Caucus please report to the Minority Caucus Room to the rear of the Senate Chamber immediately so that we may also caucus on the issues of the day. Thank you, Mr. President. RECESS The PRESIDENT pro tempore. For purposes ofdemocratic and Republican caucuses, the Senate will stand in recess. AFTER RECESS The PRESIDENT (Lieutenant Governor Mark S. Singel) in the Chair. The PRESIDENT. The time of recess having expired, the Senate will come to order. LEGISLATIVE LEAVES Senator LINCOLN. Mr. President, I would ask for legislative leaves for the remainder of today's Session for Senator Lewis and Senator Pecora. (The following correspondence was made a part of the record at the request of the gentleman from Fayette, Senator LINCOLN:)

11 1993 LEGISLATIVE JOURNAL - SENATE 263 Honorable J. William Lincoln Senate Majority Leader Room 362, Capitol Building. Harrisburg, PA Dear Senator Lincoln: Febroary 10, 1993 I hereby request a Legislative Leave ofabsence from the remainder oftoday's Session. I authorize you to vote as you deem proper on all matters to be considered. However, I specifically ask that you vote me in the negative on the workers' compensation bill on final passage. Thank you for your cooperation in this matter. Sincerely, H CRAIG LEWIS State Senator The PRESIDENT. And are there requests for leaves from the Minority, Senator Loeper? Senator LOEPER Mr. President, I would like a temporary Capitol leave on behalf of Senator Holl, please.. The PRESIDENT. Senator Loeper has requested a temporary Capitol leave for Senator Holl. Senator JUBELIRER Mr. President. The PRESIDENT. If the gentleman would yield for just a minute. Senator Loeper requests a temporary Capitol leave for Senator Holl. Senator Lincoln requests a legislative leave for Senator Pecora, and a legislative leave for Senator Lewis. Are there objections to the leave requests? QUES110N DIVIDED Senator JUBELIRER Mr. President, I would move to divide the question, and I challenge the granting of the leave for Senator Pecora. The PRESIDENT. Is there an objection to granting the other leave requests? The Chair sees none. The leaves of Senator Holl and Senator Lewis will be granted. The Chair would entertain a motion at this point, if that be the intent, to move that legislative leave be granted for Senator Pecora. That would be the appropriate motion at this point. Senator LINCOLN. Mr. President, I so move. The PRESIDENT. Senator Lincoln moves that the legislative leave requested for Senator Pecora be granted. Will the Senate agree to the motion? Senator JUBELIRER Mr. President, may we be at ease for a moment? The PRESIDENT. The Senate will be at ease. (The Senate was at ease.) The PRESIDENT. The Chair recognizes the gentleman from Fayette, Senator Lincoln. Senator LINCOLN. Mr. President, is this a debatable issue? The PRESIDENT. The Chair is in somewhat uncharted territory here because the question comes up so rarely. The Chair would, however, indicate to the Members that it is his opinion that there is limited debate, allowed on this motion, and the Chair stresses "limited debate" as to the propriety of the leave itself, and only on that subject would the Chair allow limited debate. Senator LINCOLN. Mr. President, 1think this is an outrage, and I really would like to just set the record more than debate the fact that there are two Members who have requested leave for basically the same purposes. I have letters. The Minority has been given a letter on this. There is every indication that before this Session is over there are going to be additional requests for leaves ofabsence from at least one Member in the Minority. I think that what we are about to do right now is outrageous and is directed more to a person than at the issue, and it is going to have, unfortunately, some extremely grave consequences on the operation of this Senate before it is over with. I would like to read into the record the letter to Senator Bodack, who is the Majority Whip, from Senator Pecora: "Dear Senator Bodack, "I hereby request a legislative leave for the remainder of today's Session, Wednesday, February 10, 1993, for the purpose ofmeeting with constituents, as well as local government officials in my Pottstown District office." And that letter is dated February 10. 1also have a schedule ofwhich I will not embarrass anyone any further on this issue, but I will make it part of the record by submitting it to be put with my remarks in the Journal forever and a day. (The following schedule was made a part of the record at the request of the gentleman from Fayette, Senator LIN COLN:) Wednesday. February :30 - Ray Means - Honey Brook Township Chairman ofthe Board 2:00 - Todd Albeifer 2:30 - Paul Menuchi - He wants' to say hello. He is originally from Pittsburgh. 3:00 - Dr. Friedberg - Wants' to talk about legislation involving funding to schools ofoptometry and also about legislation in place in N.J. which he would like to see in PA. 3:30 - Robert Chisholm - He wants' to discuss COMPEER - a service ofmatching a mentally ill person with a friend. 4:00 - Stanley Frank - Chairman for area 1 ofdemocratic Committee in Montgomery County. 4:30 - Brian James - He wants' to discuss several issues relative to the quality oflift in this community. Senator LINCOLN. I absolutely am appalled by this particular action. I think it is a disrespect to not only the Member

12 264 LEGISLATIVE JOURNAL - SENATE FEBRUARY 10, in question, the constituency that he is meeting with, but the Senate in general. I would ask that we vote positive on my request for legislative leave for Senator Pecora. And the question recurring, Will the Senate agree to the motion? The yeas and nays were required by Senator LINCOLN and were as follows, viz: Afllerbach Andrezeski Belan Bodack Bortner Dawida Fattah Annstrong Baker Bell Brightbill Corman Fisher The PRESIDENT. The vote on the motion is "ayes," 24; "nays," 24. The Chair would exercise its constitutional prerogative to vote in the affirmative. Affierbach Andrezeski Belan Bodack Bortner Dawida Fattah Annstrong Baker Bell Brightbill Connan Fisher Furno Jones LaValle Lewis Lincoln Lynch Greenleaf Hart Helfrick Holl Jubelirer Lenunond Furno Jones LaValle Lewis Lincoln Lynch Greenleaf Hart Helfrick Holl Jubelirer Lenunond YEAS-24 Mellow Musto O'Pake Porterfield Reibman Scanlon NAYS-24 Loeper Madigan Mowery Peterson Punt Rhoades YEAS-25 Mellow Musto O'Pake Porterfield Reibman Scanlon NAYS-24 Loeper Madigan Mowery Peterson Punt Rhoades Schwartz Stapleton Stewart Stout Williams Robbins Salvatore Shaffer Shumaker Tilghman Wenger Schwartz Stapleton Stewart Stout Williams The President Robbins Salvatore Shaffer Shumaker Tilghman Wenger A majority ofthe Senators having voted "aye," the question was determined in the affirmative. The PRESIDENT. The motion is carried, and legislative leave is granted. CONSIDERATION OF CALENDAR RESUMED THIRD CONSIDERATION CALENDAR PREFERRED APPROPRIAnON BILL AMENDED AND OVER IN ORDER TEMPORARILY SB 260 (Pr. No. 370) - 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 and the Court Administrator of Pennsylvania for county court cost reimbursement. Will the Senate agree to the bill on third consideration? Senator BAKER, by unanimous consent, offered the following amendment No. A0263: Amend Title, page 1, line 2, by striking out "and" and inserting a comma Amend Title, page 1, line 4, by removing the period after "REI MBURSEMENT" and inserting: and for grants to counties for district justice costs. Amend Bill, page 3, by inserting between lines 20 and 21: Section 4. (a) The sum of $8,328,000, or as much thereof as may be necessary, is hereby appropriated to the Court Administrator of Pennsylvania for the fiscal year July 1, 1992, to June 30, 1993, for grants to counties for costs incurred by counties in the administration and operation of the offices of district justice, judge of traffic court or judge of municipal court. (b) Grants shall be provided on the following basis: for each district justice, traffic court judge or municipal court judge authorized position, whether filled or vacant, $14,500 per authorized position. (c) All grants shall be made to the county treasurer and, in cities of the ftrst class coterminous with counties of the ftrst class, to the city treasurer. 5 Amend Sec. 4, page 3, line 21, by striking out "4" and inserting: Senator BAKER Mr. President, this amendment would add from what was the current budget into this bill the amount for counties to be reimbursed for the costs oftheir district justices. This is a companion bill to the amendment offered last week by the gentleman from Indiana, Senator Stapleton, which was approved and which is based on the 1991 costs in the different counties. I might say that I consider this to be a covenant that the State has with the counties to support the cost ofthe judicial system, whether it be Common Pleas judges or district justices. As you well know, Mr. President, there is a court decision called the Allegheny County decision that mandates that the State bear the entire cost of the county court systems, which has yet to be faced up to or implemented by either the courts or by this General Assembly. Meanwhile, we certainly should make available to them the funds that we have designated to cover their court costs, and if any Member wishes to know the amount that is concerned in this bill for their county, I have the figures at my desk. I ask for approval of this amendment. Thank you. And the question recurring, It was agreed to.

13 1993 LEGISLATIVE JOURNAL - SENATE 265 Will the Senate agree to the bill on third consideration, as amended? Senator LINCOLN. Mr. President, I move that Senate Bill No. 260, as amended, go over in its order temporarily. The PRESIDENT. Without objection, Senate Bill No. 260, as amended, will go over in its order temporarily. LEGISLATIVE LEAVE Senator LINCOLN. Mr. President, I would request a temporaty Capitol leave for Senator Williams, who has been called to his office. The PRESIDENT. Senator Lincoln requests a temporaty Capitol leave for Senator Williams. The Chair hears no objection, and that leave will be granted. CONSIDERATION OF CALENDAR RESUMED SB 60 CALLED UP OUT OF ORDER SB 60 (Pr. No. 60) - Without objection, the bill was called up out of order, from page 2 of the Second Consideration Calendar, by Senator LINCOLN. BILL ON SECOND CONSIDERATION SB 60 (pr. No. 60) -- The Senate proceeded to consideration of the bill, entitled: An Act dedicating a section ofinterstate Highway 279 within the City of Pittsburgh to the residents whose removal pennitted its construction. Considered the second time and agreed to, Ordered, To be printed on the Calendar for third consideration. SECOND CONSIDERATION CALENDAR BILLS ON SECOND CONSIDERATION SB 295 (Pr. No. 450) -- The Senate proceeded to consideration of the bill, entitled: An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, further providing for the length of projecting loads. Considered the second time and agreed to, Ordered, To be printed on the Calendar for third consideration. SB 334 (pr. No. 516) -- The Senate proceeded to consideration of the bill, entitled: An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, providing criminal penalties for any person who harbors or gives assistance to truant children or entices truants to commit criminal acts. Considered the second time and agreed to, Ordered, To be printed on the Calendar for third consideration. SB 335 (Pr. No. 511) - The Senate proceeded to consideration of the bill, entitled: An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, further providing for aggravated assault. Considered the second time and agreed to, Ordered, To be printed on the Calendar for third consideration. SB 369 (pr. No. 518) - The Senate proceeded to consideration of the bill, entitled: An Act amending Titles 18 (Crimes and Offenses) and 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes, providing for the crime of stalking; providing for penalties; further providing for protective orders and warrantless arrests relative to victim and witness intimidation; and further providing for relief relative to protection from abuse. Considered the second time and agreed to, Ordered, To be printed on the Calendar for third consideration. SB 383 (Pr. No. 406) - The Senate proceeded to consideration of the bill, entitled: An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, providing additional exceptions to record disclosure limitations. Considered the second time and agreed to, Ordered, To be printed on the Calendar for third consideration. SB 421 (Pr. No. 444) - The Senate proceeded to consideration of the bill, entitled: An Act mandating all county boundaries be frozen as they appear in official tax maps as of Considered the second time and agreed to, Ordered, To be printed on the Calendar for third consideration. SB 422 (Pr. No. 445) -- The Senate proceeded to consideration of the bill, entitled: An Act prohibiting a county of the second class from imposing taxes on certain individuals. Considered the second time and agreed to, Ordered, To be printed on the Calendar for third consideration. LEGISLATIVE LEAVE CANCELLED Senator JUBELIRER Mr. President, would you recognize Senator Holl, who has returned from his leave of absence. The PRESIDENT. The Chair does recognize the presence on the floor of Senator Holl. His temporaty Capitol leave will be cancelled.

14 266 LEGISLATIVE JOURNAL - SENATE FEBRUARY 10, CONSIDERATION OF CALENDAR RESUMED RESOLUTIONS RESOLUI10N OVER IN ORDER SR 7 - Without objection, the resolution was passed over in its order at the request of Senator LINCOLN. SENATE RESOLUI10N NO. 12, AMENDED AND OVER IN ORDER Senator LINCOLN, without objection, called up from page 3 of the Calendar, Senate Resolution No. 12, entitled: A Resolution providing for the adoption of the Rules of the Senate. Will the Senate adopt the resolution? Senator JUBELIRER Mr. President, can we be at ease for a minute? The PRESIDENT. The Senate will be at ease. (The Senate was at ease.) And the question recurring, Will the Senate adopt the resolution? LINCOLN AMENDMENT A0357 Senator LINCOLN offered the following amendment No. A0357: Amend Second Resolve Clause, page 23, line 20, by removing the period after "Commonwealth" and inserting a semicolon Amend Second Resolve Clause, page 23, by inserting between lines 20 and 21: (c) in order to carry out its duties, each standing committee or subcommittee may issue subpoenas duces tecum and other necessary process to compel the attendance of witnesses and the production of any books, letters or other documentary evidence desired by such committee. The Chairman may administer all oaths and affmnations in the manner prescribed by law to witnesses who shall appear before such committee for the purpose of testifying in any matter about which such committee may desire evidence. The Chairman shall administer an oath or affirmation in the manner prescribed by law to all witnesses who shall appear at a formal hearing of such committee to testify in any matter which such committee may desire evidence. Amend Second Resolve Clause, page 29, lines 2 through 14, by striking out all of said lines LEGISLATIVE LEAVE Senator LINCOLN. Mr. President, Senator Stout has been called to his office for a meeting with Secretary Davis ofder, and I would request a temporary Capitol leave. The PRESIDENT. Senator Lincoln requests a temporary Capitol leave for Senator Stout. The Chair hears no objection, and that leave will be granted. And the question recurring, Senator LINCOLN. Mr. President, as the IUles in Senate Resolution No. 12 are currently constituted, it would require only the chainnan ofa standing committee to allow a subpoena to be issued. The amendment I am offering will return the IUle to the current IUles, in that it would take a vote by the committee to approve subpoenas being issued by the chair. Senator JUBELIRER Mr. President, I support, as do all Members over here on the Republican side, the amendment offered by the gentleman from Fayette, Senator Lincoln, and join with him in offering it. It is the existing rule. It has been in effect since 1973, and we agree that there is no need to make such a severe change and join with him in the offering of this amendment. And the question recurring, It was agreed to. Will the Senate adopt the resolution, as amended? JUBELIRER AMENDMENT A0336 Senator JUBELIRER offered the following amendment No. A0336: Amend Second Resolve Clause, page 11, line 30; page 12, line 1, by striking out "a majority" in line 30, page 11 and "vote is" in line 1, page 12 and inserting: three-fifths ofthe members present vote Amend Second Resolve Clause, page 12, line 3, by striking out " First" and inserting:,first, Senator JUBELIRER Mr. President, the amendment basically changes the rule on the effort to move the previous question from a majority vote to a 60-percent vote. With a full Senate, that would mean 30 Senators would have to join in a vote to move the previous question. It parallels the United States Senate. Sometimes, Mr. President, we tend to, whichever party is in the Majority, at least, frankly, in both Houses, there has been a move to shut off debate too often, and the old axiom that "the Minority shall have its say and the Majority will have its way" somehow gets lost in the first part of it, and we believe that in a forum such as the Pennsylvania Senate, debate ought to be able to take place. Certainly, Mr. President, when this side was in the Majority, we did not shut off debate, and I think, frankly, it should be something that should be in a rule and one that whichever party is in the Majority should respect that the other side does, indeed, have a say and should have the opportunity to do it, and I would hope that we would be able to adopt such a rule. Senator LINCOLN. Mr. President, I disagree with the gentleman from Blair, Senator Jubelirer, and I would ask for a "no" vote.

15 1993 LEGISLATIVE JOURNAL - SENATE 267 REQUEST FOR LEGISLATIVE LEAVE Senator WEPER Mr. President, Senator Salvatore has been called from the floor and I would request a temporary Capitol leave on his behalf. The PRESIDENT. Senator Loeper requests temporary Capitol leave for Senator Salvatore. (The following correspondence was made a part of the record at the request ofthe gentleman from Delaware, Senator WEPER:) Date: To: From: Subject: February 10, 1993 The Honorable F. Joseph Loeper Senator Frank A. Salvatore Legislative Leave I am requesting Legislative Leave for the purpose ofmeeting with constituents. Senator LINCOLN. Mr. President, may we be at ease? The PRESIDENT. The Senate will be at ease. (The Senate was at ease.) REQUEST WITlIDRAWN The PRESIDENT. Regarding the leave for Senator Salvatore, the Chair recognizes the gentleman from Delaware, Senator Loeper. Senator WEPER Mr. President. we are currently getting Senator Salvatore. and at this time I would withdraw his request for leave. And the question recurring. The yeas and nays were required by Senator JUBELIRER and were as follows, viz: YEAS-22 Annstrong Hart Madigan Robbins Baker Helfrick Mowery Shaffer Bell Holl Peterson Shumaker Connan Jubelirer Punt Tilghman Fisher Lenunond Rhoades Wenger Greenleaf Loeper NAYS-25 Aftlerbach Furno Mellow Scanlon Andrezeski Jones Musto Schwartz Belan LaValle Q'Pake Stapleton Bodack Lewis Pecora Stewart Bortner Lincoln Porterfield Stout Dawida Lynch Reibman Williams Fattah Less than a majority ofthe Senators having voted "aye," the question was determined in the negative. And the question recurring. Will the Senate adopt the resolution, as amended? JUBELIRER AMENDMENT A0356 Senator JUBELIRER offered the following amendment No. A0356: Amend Second Resolve Clause. page 18. lines 3 and 4, by striking out "shall not be amended unless by unanimous consent" and inserting: may be amended Amend Second Resolve Clause, page 20, lines I and 2, by striking out ''by unanimous consent" Senator JUBELIRER Mr. President, for nearly, I guess, the 18 1/2 years I have been here, we have had a rule that says that a Member needs unanimous consent to offer an amendment on third consideration, and to the best ofmy knowledge. and certainly any time I have been here, that has never been denied to a Member. and. frankly. I see no need for the rule. lt would seem. Mr. President, that, like the procedure on second consideration, we should have the same procedure on third consideration and not let it be tempting out there for some Member or a new Member who does not know to challenge or object on third consideration, and the purpose of this is to eliminate the need to ask for unanimous consent on third consideration. I would urge all Members of the Senate to do away with this antiquated rule by adopting this amendment. Senator LINCOLN. Mr. President, if it were not such a serious issue we are dealing with, I would find this amendment rather amusing. In 12 ofthe 18 1/2 years that the Senator from Altoona, Senator Jubelirer, has been here he was in the Majority, and at no time during the past 12 years did he see the frivolity ofthis particular issue that he is trying to amend. I do not see a problem with it being in our rules, and I would ask for a negative vote. LEGISLATIVE LEAVES Senator LOEPER Mr. President, I would request a temporary Capitol leave on behalf ofsenator Brightbill, and a legislative leave for the remainder oftoday's Session on behalf of Senator Salvatore. The PRESIDENT. Senator Loeper requests a temporary Capitol leave for Senator Brightbill, and a legislative leave for Senator Salvatore. There seem to be no objections. Those leaves will be granted. Senator LINCOLN. Mr. President, do I have a copy of Senator Salvatore's request? I am not aware of it. If I do not, I would like to have a copy of his leave request. The PRESIDENT. Senator Loeper has indicated he has a copy of the letter, to which the Majority Leader is welcome. Senator LINCOLN. Ifone ofthe Pages could get me a copy ofthat, I would appreciate it. I have no objection to the leave. I just would like to have a copy of the letter.

16 268 LEGISLATIVE JOURNAL - SENATE FEBRUARY 10, And the question recurring, The yeas and nays were required by Senator JUBELIRER and were as follows, viz: YEA8-24 Annstrong Greenleaf Loeper Robbins Baker Hart Madigan Salvatore Bell Helfrick Mowery Shaffer Brightbill Holl Peterson Shumaker Connan Jubelirer Punt Tilghman Fisher Lemmond Rhoades Wenger NAYS-25 Afllerbach 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 Less than a majority ofthe Senators having voted "aye," the question was determined in the negative. And the question recurring, Will the Senate adopt the resolution, as amended? JUBELIRER AMENDMENT A0365 Senator njbelirer offered the following amendment No. A0365: Amend Second Resolve Clause, page 29, line 30, by inserting after "chainnan": or the minority chairman Senator JUBELIRER Mr. President, under current rule, a Member must, at a committee meeting, give a proxy to the chairman. All this does is amends it to say that the Member can give it to the Minority chairman as well. Particularly for those Members in the Minority, it would seem to me that that would be the appropriate thing to do, to provide the proxy to the Minority chairman, and we, frankly, think this is something that some chairmen honor and some chairmen do not, and we just want to clear it up. This would, by the way, just conform to past practice, and we ask for its adoption... Senator LINCOLN. Mr. President, I really think that this amendment has the potential of causing a great deal of confusion. The chair who is in the Majority has the very serious responsibility ofrunning the meeting, and I do not believe that bypassing that individual as far as officially having the proxy is in the best interest of running the committee meeting. I believe there could be a great deal more abuse with the system with that, and for that reason, I would ask for a "no" vote. Senator BELL. Mr. President, I have served for a number of years as chairman of a committee and I always recogni~ the Minority chairman as having the right to 'cast and receive the proxies. I think that the Majority Leader has been at many meetings of the Committee on Appropriations when Senator Fumo, as Minority chairman, had a whole pocketful ofproxies and would vote them. Senator LINCOLN. Mr. President, I do not really believe that the previous speaker's remarks have any bearing on what we are talking about with this amendment. This amendment changes the system absolutely in no way whatsoever, insofar as the Majority chairman would still have the proxies and he would vote his and the Minority would vote theirs. Any committee meeting that I have been in, in all the years I have been in the Senate, I have never seen a chair on that side-and that is 12 or 14 years I have been here-ever deny the Minority chairman the right to have those votes. I do not see any purpose in this amendment because it is not going to make it any different. It could, potentially, make it more confusing, and I would ask for a negative vote. Senator BELL. Mr. President, in response. That makes the difference between the Majority chairman and myself, because I think the past practices that I have witnessed for many, many years have, in fact, had the Minority chairman casting the Minority proxies. Senator ARMSTRONG. Mr. President, can I interrogate the gentleman from Fayette, Senator Lincoln? The PRESIDENT. Will the gentleman from Fayette, Senator Lincoln, permit himself to be interrogated? Senator LINCOLN. I will, Mr. President. Senator ARMSTRONG. Mr. President, the gentleman talked about potential abuse. Has there been any abuse in the past, and ifthere has been, could he explain it? And, secondly, what abuse does he see in the future? Senator LINCOLN. Mr. President, I think the question that the gentleman asked in the first part is one that speaks to why there is no necessity for the amendment. There has been no abuse in the past, and what is the purpose of having a change if there has been no abuse, unless he is saying that the Democrats are not going to be as fair and equitable as the Republicans. And the only thing I can tell him is that he better hope that we do not take the example that they set for us in the last 12 years. Then he might need the amendment. Senator ARMSTRONG. Mr. President, I am still not quite sure of the gentleman's answer. What abuse has there been? I mean- Senator LINCOLN. Mr. President, there has been none. Then why does the gentleman need the amendment? Senator ARMSTRONG. Mr. President, why change it? Senator LINCOLN. Mr. President, the gentleman is right. Why change it? It is his leader who is offering an amendment to change what has worked for 12 years. Senator ARMSTRONG. Mr. President, well, when I was Majority chairman, the Minority chairman always had the proxies. I never questioned him, never doubted him, and always accepted any proxy he would give me. And now you are saying the Majority chairman must have a copy of all ofthem, just to have them?

17 1993 LEGISLATIVE JOURNAL - SENATE 269 Senator LINCOLN. Mr. President, no. I am not saying that. I am saying that the current rule is exactly what the gentleman is speaking in favor of, and that the gentleman from Blair, Senator Jubelirer, is trying to change that in that Minority members of the committee would have to give their proxy to the Minority chair. The amendment will change the system, Mr. President. My objection is to changing the system, and that is why I am asking for a "no" vote. The PRESIDENT. The Chair may be instructive and may suggest that the gentleman wants to interrogate Senator Jubelirer instead. Senator ARMSTRONG. Mr. President, I would be glad to do that. Can the gentleman from Blair, Senator Jubelirer, explain it further? Senator JUBELIRER Mr. President, yes. I think it is a vel)' valid question, and the reason I offer it is because, for the first time, the gentleman from Fayette, Senator Lincoln, is correct, our chairmen did not insist on it. It was working fine. Suddenly, there is a change inthe Majority and several chairmen have insisted that the proxy must go to them and cannot go to the Minority chair. I think the whole thing is silly, too. And if some ofthe chairmen had not insisted that the proxy go directly to them, I would not be offering this rule change. I would not have even thought of it, because it is something that has not been in practice, but I think there are a number of these rules that have become antiquated, they have become tempting for people to stick to the so-called letter of the rule, and we thought, what is the big deal? If a Minority Member wants to give his or her proxy to the Minority chairman, then, Mr. President, I do not see anything confusing about that at all. Maybe they could give a copy of it to the Majority chairman. But I think it gets a little far afield when the Majority chairman insists that the proxy from the Minority go to that chairman rather than to the Minority chairman. That is all we were trying to do. If there had not been a sudden insistence that this change be made, perhaps I would not have offered the rule change. Senator LINCOLN. Mr. President, one of the things I think that sometimes can be frustrating with the people who are not familiar with this system is to listen to this kind of debate. In our current rule structure, there is no Minority chair. It is the ranking Member of the Minority Party on that committee. Under our current rule structure, the Majority chair has a responsibility of reporting to the Secretary of the Senate all votes, all proxies, the whole record of that particular meeting, and there has been no abuse. I have been at this microphone quite a few times over the past 12 years complaining about what I saw as abuse, and whether it was or was not, it is in my mind I was being abused by the Majority. In this instance, I have no idea what the complaint is. I have no idea why you would want to change something without making further changes in that the Minority, or the ranking Minority Member ofthe committee, would have to also make a report to the Secretary. That is why I believe it would be confusing. That is why I believe it is unnecessary. I think it is not in the best interests of the operation of this Senate, irrespective ofwho is in the Majority, and I would ask fora negative vote. Senator BRIGHTBILL. Mr. President, it is pretty obvious that the Majority is going to have its way today and we are going to continue with the rule as it was stated. I have never seen the practice other than having Democrats give their proxies to Democrats and Republicans give their proxies to Republicans. My hope is that when we leave here today, even though the rule says contral)', that it will work accordingly. I am looking at my countetpart on the Committee on Environmental Resources and Energy and he is smiling and nodding, and I am not concerned about me and my committee. But I am going to suggest to us Republicans that perhaps all we have to do then, since there are Members on that side who want to receive the proxy, is that we give the proxy to the chairman with the caveat that it be voted in accordance with instructions ofthe ranking Republican Member. And ifwe do that, then they will have their little day in the sun in that they can vote the proxy, but then they will have to consult with the ranking Republican Member as to how that proxy is to be voted. I guess this is a step forward for the operation of the Senate of Pennsylvania and I guess we can go home tonight saying that we have done our job and we have really, really accomplished something here today. I am hoping when I send in a proxy that it works the way it worked before, and I would ask each and evel)' committee chairman over there, of which you all are, that we continue the present practice, because it worked efficiently. Thank you. Senator LINCOLN. Mr. President, how much clearer is the issue? The rule that we have in effect right now will be the rule that has been in effect for 12 years and will continue to be in effect if this amendment is defeated. Ifthis amendment is adopted, they have changed what they have told me has worked wonderfully, efficiently, fairly, and all the other adjectives they can think of, for 12 years. The question is not about who gets the proxy, it is who votes it, and there is nothing in this rule that says that the Majority has the right to vote a proxy of a Minority Member. I do not know what this is all about. I think this is probably one of the most frivolous amendments I have ever seen. I mean, I cannot believe I got drawn into the debate on this because it is so obviously not necessary. Senator BRIGHTBILL. Mr. President, I desire to interrogate the gentleman from Fayette, Senator Lincoln. The PRESIDENT. Will the gentleman from Fayette, Senator Lincoln, permit himself to be interrogated? Senator LINCOLN. I will, Mr. President. Senator BRIGHTBILL. Mr. President, do I understand then that the procedure will be, for example, in the Committee on Judiciary, that I would direct my proxy to Senator Lewis? Is that the gentleman's understanding? Senator LINCOLN. Mr. President, that has been the practice for 12 years. Senator BRIGHTBILL. Mr. President, when I do that then who would vote my proxy?

18 270 LEGISLATIVE JOURNAL - SENATE FEBRUARY 10, Senator LINCOLN. Mr. President, Senator Greenleaf, I would suspect, or whoever was there in his party that he designated to vote him. Senator BRIGHTBILL. Mr. President, the nmking Republican Member? Senator LINCOLN. Mr. President, or his next-door neighbor, if he was mad at his nmking Member. Whoever he designated would vote him. Senator BRIGHTBILL. Mr. President, I would not do that because then Senator Greenleaf would be mad at me if I did not designate him. But I appreciate that the Majority has backed down. Thank you. Senator FUMO. Mr. President, I just want to clarify that there have been times when I have not wanted to give my proxy to my Democratic chainnan and have given it to the Republican chainnan. So, you know, I will be the first to say, if this is ever abused, I will be the first one to come here and say, let us not do that. Let us change something. But it has worked well for 12 years. There is no reason to suspect that it is not going to work, and I firmly believe it is up to the Member to give the proxy. Technically, he gives it to the chainnan, but he can clearly state in there, let the nmking Minority Member cast me, or, as the gentleman from Fayette, Senator Lincoln, said, let so-and-so cast me, and we have all been around here enough on committees to know that sometimes one Member does not agree with his party's chairman and does that. I will go along with that. AMENDMENT WTIHDRAWN Senator JUBELIRER Mr. President, having listened to the offer and the support for the spirit ofthe amendment from the Majority Leader and from the chairman of the Committee on Appropriations, I am delighted to withdraw the amendment, knowing that the spirit of the amendment will be put into action and continue in action, and that those chainnen who have been misguided in the past will not be that way in the future. Thank you. Senator LINCOLN. Mr. President, I want to make the record very clear that there have been no abuses of this particular rule by a Democratic chair since we took over, and even though this is becoming fun rather than serious, I do not want the record to have any indication whatsoever that there has been abuse of this, either under the Republican Majority or under the Democratic Majority, and I thank the gentleman for withdrawing the amendment. The PRESIDENT. The Chair thanks the gentlemen for that fascinating colloquy. And the question recurring, Will the Senate adopt the resolution, as amended? JUBELIRER AMENDMENT A0367 Senator JUBELIRER offered the following amendment No. A0367: Amend Second Resolve Clause, page 38, line 6, by inserting after "DIRECTIVES.": Nothing in this rule shall be cons1rued to prohibit any licensed radio station from broadcasting a session from the Senate, or any part thereof, provided that the signal originates from the Senate operated sound system which transmits Senate activity to offices within the Main Capitol and environs. Senator JUBELIRER Mr. President, this resolution, following the precedent set on swearing-in day, demonstrates the commitment to opening up coverage ofthe Senate. In the spirit of the resolution, I have an amendment that would advance radio coverage. In the case oftelevision coverage, there is a period oftime required to, indeed, put a system in place. In the case of radio coverage, no need for delay exists. There is no series oftechnical considerations to be ironed out. This amendment would authorize radio broadcast ofsenate Sessions effective with the adoption of the rules changes. Given the significant issues we will confront and debate between now and the end ofjune, the people of Pennsylvania should have the opportunity to at least listen to our deliberations before video coverage commences. Therefore, Mr. President, I think this is a positive step in opening up this Senate, and I certainly join with the President pro tempore in that effort and hope that all Members of the Senate will vote to adopt this amendment to Senate Resolution No. 12. Senator LINCOLN. Mr. President, the fresh air that is blowing through that closed door back there is almost knocking me over. The fresh air of refonn that the Minority has finally recognized, it is just absolutely incredible how good it makes me feel to breathe that clean air. This particular issue will be addressed with the other media changes that are going to take place in this Senate sometime in the near future. In this particular resolution, we are directing COMO to come back with a recommendation to the Senate on telecommunications which will have to be voted on, and I believe that radio will be part ofthat. I really do not think this is the time to do anything prior to the Senate having the opportunity to take a look at a full recommendation from COMO, and I would ask for a "no" vote. Senator JUBELIRER Mr. President, it is not my intention to belabor the issue, but I must say that I am rather astounded by the need to wait, as indicated by the Majority Leader. There does not need to be a policy adopted by COMO on radio. It can be instituted immediately. It is very simple to do. We have the opportunity now. Believe me, I think, Mr. President, that the question is, why wait? There are a lot of issues that are going to be before this body before any television policy is adopted by COMO that can be voted on by the full Senate, and I see no reason to wait, and it appears that because it is this side that offers the radio resolution, that seems tobe the reason to ask for a "no" vote.

19 1993 LEGISLATIVE JOURNAL - SENATE 271 I think that this side has a good idea. Whatever it is, whatever time it is, the time is now, and we are ready to do it now, and we would ask the Majority Leader to join with us in endorsing this very, very progressive proposal. And the question recurring, The yeas and nays were required by Senator JUBELIRER and were as follows, viz: YEAS-24 Annstrong Greenleaf Loeper Robbins Baker Hart Madigan Salvatore Bell Helfrick Mowery Shaffer Brightbill Holl Peterson Shwnaker Connan Jubelirer Punt Tilghman Fisher Lemmond Rhoades Wenger NAYS-25 Afllerbach 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 Less than a majority ofthe Senators having voted "aye," the question was determined in the negative. And the question recurring, Will the Senate adopt the resolution, as amended? JUBELIRER AMENDMENT A0382 Senator JUBELIRER offered the following amendment No. A0382: Amend Second Resolve Clause, page 18, lines 11 through 13, by striking out "AFFECT" in line 11, all of line 12 and "OR" in line 13 and inserting: require an expenditure of Commonwealth funds or funds of Senator JUBELIRER Mr. President, this amendment reverses what took place in the meeting of the Committee on Rules and Executive Nominations last week, and, in effect, the rule, before it was amended, said that, "No bill which may require an expenditure of Commonwealth funds or funds of any political subdivision shall be given third consideration," and so forth, and that was changed. The language, "require an expenditure of," was deleted, and the words, "affect," A-F-F-E C-T, "revenues or expenditures of the Commonwealth" were substituted therefor. Mr. President, we believe that is far too broad a rule, and, frankly, it gives the Majority chairman of the Committee on Appropriations, whoever that may be, Republican or Democrat, far too much power, because it would appear that almost every bill that goes before the Senate could, in effect, be moved to the Committee on Appropriations at the whim ofthe chairman of that committee, and, again, I say that for either Republican or Democrat. We believe the rule was working very well before and that there is no need to change that language, and this amendment would put the rule back to where it was. Senator LINCOLN. Mr. President, I would ask for a "no" vote. LEGISLATIVE LEAVE CANCELLED The PRESIDENT. The Chair recognizes the presence onthe floor ofsenator Williams. His temporary Capitol leave will be cancelled. And the question recurring, The yeas and nays were required by Senator JUBELIRER and were as follows, viz: YEAS-24 Armstrong Greenleaf Loeper Robbins Baker Hart Madigan Salvatore Bell Helfrick Mowery Shaffer Brightbill Holl Peterson Shumaker Connan Jubelirer Punt Tilghman Fisher Lemmond Rhoades Wenger NAYS-25 Aftlerbach 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 Less than a majority ofthe Senators having voted "aye," the question was determined in the negative. LEGISLATIVE LEAVE CANCELLED Senator JUBELIRER Mr. President, Senator Brightbill points out something that maybe we could all agree on. He is still on leave, and we would ask that his temporary Capitol leave be cancelled. Obviously, he has been here and voting in person. The PRESIDENT. The Chair thanks the gentleman, and, in fact, recognizes the gentleman from Lebanon, Senator Brightbill, whose presence is noted and appreciated, and his leave will be cancelled. And the question recurring, Will the Senate adopt the resolution, as amended? JUBELIRER AMENDMENT A0383 Senator JUBELIRER offered the following amendment No. A0383: Amend Second Resolve Clause, page 39, lines 5 through 14, by striking out all of said lines and inserting:

20 272 LEGISLATIVE JOURNAL - SENATE FEBRUARY 10, 2. The consent of a majority. of the Senators elected shall be necessary to suspend any rule, except that part of the rule which requires unanimous consent to be given to consider the confmnation of a nomination which has been reported from a committee on that day shall not be suspended.. Amend Second Resolve Clause, page 39, line 17, by inserting a penod after "Rules". ~end Second Resolve Clause, page 39, lines 17 through 20, by striking out ", EXCEPT THAT" in line 17 and all of lines 18 through 20. Amend Second Resolve Clause, page 44, line 8, by inserting a penod after "present". Amend Second Resolve Clause, page 44, lines 8 and 9, by strikmg out "EXCEPT AS SPECIFICALLY PROVIDED FOR IN THIS RULE." Amen? Second Resolve Clause, page 44, lines 19 through 30; page 45, lines 1 through 6, by striking out all of said lines on said pages Senator JUBELIRER Mr. President, the proposed rule which was again adopted by the Majority Members of the Committee on Rules and Executive Nominations, and a few others, I think is questionable. The proposed rule governing the process ofjudging qualifications ofmembers is defective. It will not only govern any challenges to a Member's eligibility by virtue of either pre-election or continued residence, but it will also govern questions as to continued eligibility arising under Article IT, Section 7, from convictions for embezzlement, bribery, perjury, or other infamous crimes. The language, Mr. President, as currently constructed, could easily hamstring the ability ofa majority ofthe Senate in dealing with questions of continued service in light offelony convictions. Such a process could have further complicated the Senate's ability to address the conviction of the late Senator Frank Mazzei, had all the protective devices been in place at that time. The proposed rule inappropriately limits even the offering of a resolution testing qualifications if the issue had been raised at an earlier time during the Member's current term, and, of course, assuming that it is based on the same facts. Finally, the proposed rule attempts to make the protection complete by providing that this rule cannot be altered, amended, changed, repealed, or suspended by less than a vote oftw<rthirds ofthe Members elected. The rule, as constructed, presents a heavy, nearly impenetrable process to restrict legitimate questions regarding amember's continued eligibility to serve. A rule establishing a process is legitimate, but creating a process which essentially takes the decisions away from the Senate as a body on an issue of this magnitude is not. Therefore, Mr. President, the amendment that I offer is to remove the proposed changes. For 200 years, issues of qualifications have been issues for the full body. There is no reason to delegate that responsibility. If my amendment fails, Mr. President, and the Majority-proposed changes prevail, the Senate's ability to deal with critical constitutional eligibility questions would be hampered. Mr. President, I hope that the Members would take this very seriously, and I would urge an affirmative vote on this amendment. Senator BRIGHTBILL. Mr. President, since my days as Secretary ofthis Caucus, I have been having a running debate with Stephen MacNett, who is our counsel, about what the effect is of a provision such as appears in section 9(D) here: "This section may be altered, amended, changed, repealed or suspended only by a vote of tw<rthirds of the Senators elected." That, ofcourse, is a proposed rule ofthis Senate, but we have other similar rules in this Senate that say that we can only do certain things by a tw<rthirds vote. Mycontention with Steve has been that we can repeal or suspend that rule by a majority vote, and, therefore, these kinds of sections that require a tw<rthirds vote really do not have any impact. He has resisted my entreaties, I guess would be the word, on this. He has always conscientiously felt that I was in error. He is starting to see, now that he looks at it, that there is a certain amount ofwisdom in this Senator that he did not appreciate in prior years. At any rate, Mr. President, my contention is the same, that we make the rules and, of course, we can change the rules and we can break the rules. But when we break them, we do not break them, we suspend them. This kind ofrule, as in 9(d), about having a tw<rthirds vote makes some sense when we have a body of rules that is adopted unanimously at the outset of the Session by everybody, because then at least the argument can be made that at the very outset ofthe Session we all agreed unanimously to bind ourselves to a tw<rthirds vote and it almost becomes like a contract provision. So, my position is that unless 9(a), (b), (c), and (d) are adopted unanimously, there is absolutely no basis to provide any support for this, and I would say that we can come along at any time, any majority, whether it is a Republican majority, a Democratic majority, or a bipartisan majority, and suspend this rule. I would like to say that I support the spirit of section 9, which is to provide some due process in judging the qualifications of Members. I do think that it is an issue that we should seriously address. I think the possibility of partisan games is, of course, very real, and I would support any conscientious effort to address these, but I do not think doing it by rule is going to accomplish anything. Thank you, Mr. President. Senator LINCOLN. Mr. President, I would ask for a "no" vote on the amendment. And the question recurring, The yeas and nays were required by Senator JUBELIRER and were as follows, viz: Annstrong Baker Bell Greenleaf Hart Helfrick YEAS-24 Loeper Madigan Mowery Robbins Salvatore Shaffer

21 1993 LEGISLATIVE JOURNAL - SENATE 273 Brightbill Connan Fisher Holl Jubelirer Lemmond Peterson Punt Rhoades NAYS-25 Afllerbach 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 SPECIAL ORDER OF BUSINESS SUPPLEMENTAL CALENDAR NO.1 RESOLUTION Shumaker Tilghman Wenger Less than a majority ofthe Senators having voted "aye," the question was detennined in the negative. And the question recurring, Will the Senate adopt the resolution, as amended? Senator LINCOLN. Mr. President, I move that Senate Resolution No. 12, as amended, go over in its order. The PRESIDENT. Without objection, Senate Resolution No. 12, as amended, will go over in its order. Senator LINCOLN. Mr. President, for the information ofthe Members, a Supplemental Calendar and a reprinted resolution is being passed out at the present time. SENATE RESOLUTION NO. 12, ADOPTED Senator LINCOLN, without objection, called up from page 1 of Supplemental Calendar No.1, Senate Resolution No. 12, entitled: A Resolution providing for the adoption of the Rules of the Senate. And the amendments made thereto having been printed as required by the Constitution, Will the Senate adopt the resolution? Senator JUBELIRER. Mr. President, the Members ofthis side of the aisle, the Republican Caucus in the Senate, will be voting "no" on Senate Resolution No. 12. It is very difficult to make a decision to do that, Mr. President, because, frankly, there are parts of these rules that we very much support and would like to vote for. As an instance, Mr. President, speaking only for myself, I support the rule that will bring the Senate into television coverage by having COMO come up with recommendations and providing the full Senate the opportunity to debate it, amend it, and have an opportunity to participate in the process. I believe that the gentleman from Lackawanna, Senator Mellow, is correct in the goal that he seeks to attain, and I shared that when I was President pro tempore. However, Mr. President, there are parts of that rule change in Senate Resolution No. 12 that we just cannot support, and, unfor- tunately, the issue is not divisible and we cannot pick and choose those which we want to support and those which we want to be against. So, I offered amendments, hoping that we could gain the full Senate's votes to take out those provisions that we felt just did not belong. We failed, and as a result, it leaves us no choice but to vote against Senate Resolution No. 12. Again, Mr. President, I think there are many things here that some of us would like to support, but given the opportunity to amend, we failed, with one exception, and the gentleman from Fayette, Senator Lincoln, offered that in the first amendment, in which I joined him. But, certainly, we cannot support too many of these things, too many of these changes, and as a result, we over here will be voting "no." Senator BELL. Mr. President, in addition to stating I am going to vote "no," I would like to just think out loud and worry some of our staff lawyers. It is my understanding that the Senate cannot pull itself up by its bootstraps, and with a different Majority and a different day, these so-called niles requiring two-thirds, three-quarters, whatever it is, they can be changed at will, at the will of the Majority. Senator PETERSON. Mr. President, would the Senator from Fayette, Senator Lincoln, stand for brief interrogation? Senator LINCOLN. Mr. President, no. The PRESIDENT. He indicates that he does not wish to stand for interrogation at this time. Senator PETERSON. Mr. President, Ijust wanted to clarify a line in the resolution and what the change really meant. Does anybody want to respond to that, of those who proposed the changes? The PRESIDENT. The Chair does not detect an onslaught of people rushing to the microphones. Senator PETERSON. Mr. President, I did not know that I asked that tough of questions. I feel honored. Mr. President, I will just make a few comments then. I was going to ask the question of what the change means from "require an expenditure of..." to "affect revenues or expenditures...," and what the purpose was. I was very interested to know why this was an important change. So, I guess we will not be privileged today to know why this change was made in the rules by those who made it. But I think it is important for the people ofpennsylvania to know that it is my opinion, from my perception of what is here, not having been answered by the Majority as to what their reason was, that what this rule does is further centralizes the power in the Senate. It has been a process I have always struggled with. I have always felt that the power in the Senate was too centralized. Instead of broadening it out where more people are involved, we are today creating a supercommittee, a supercommittee chairman, that any bill coming through this body can be put in that committee where one person can stop it dead in its tracks. I think that is wrong. I think Pennsylvania State government can be criticized, the whole legislative process can be criticized, because of how central the power base is and how little involvement too many Members of this body have, and in the House, likewise. Today we are making

22 274 LEGISLATIVE JOURNAL - SENATE FEBRUARY 10, a major step toward further centralizing that power to those whom I call the real powerbrokers of Pennsylvania, and it is not a good day for Pennsylvania taxpayers. Senator LINCOLN. Mr. President, if the Minority Leader had not previously made a statement that there were 24 "no" votes in his Caucus for Resolution No. 12, I would have been willing to answer questions, but why should I waste my time on somebody who has already detennined how they are going to vote, particularly when that issue was discussed in the amendment that was offered by the gentleman from Blair, Senator Jubelirer. I will, though, put into the record that the reason and purpose for that particular amendment is so that people grandstanding in the Senate cannot stand up offering amendments to reduce personal income tax, property tax, sales tax, and everything else, without having some legitimate understanding and idea ofexactly what the effect is going to be on the taxpayers about whom the previous speaker was just speaking. Mr. President, I think I would be hard-pressed in the Minority to ask my Members to vote against these rules because there is not a Member here out of the 49 who are in office at this time who can go home and explain to people why they voted against having the Senate Chamber opened up for television and other media because ofsome rinky-dink reason about a resolution on qualifications that mayor may never be used, that people would not understand, because most ofus do not. I think there are other things in this package of rules that if a Member who votes against them is in a debate at some particular time in the future and is asked why he or she voted against this particular issue, I think theywould be hard-pressed to answer those questions. I believe it is even more disturbing that the opportunity to amend these rules was given because there was a commitment given. There was an opportunity that went 4 or 5 weeks to put together all the different kinds of amendments that you were interested in, then we had a meeting of the Committee on Rules and Executive Nominations that wasproperly advertised. There was no effort made to dissuade a Member from offering an amendment. We came to the floor today and we waited until the time when everybody had their amendments in order and had an opportunity to discuss them. There was not one bit ofpressure placed by this Caucus to keep anything from taking place as far as the amendments were concerned I believe that voting against the rules under which we are going to operate during the next 2 years is a foolhardy mistake on the part of anybody, and to do it as a Caucus I think is something that you are going to have to explain, not me. I think the rules as they are now constituted are good rules. They are going to be efficient rules. They are going to work in the best interests of the people of the Commonwealth, and I think that is the only important thing, not Democrats and Republicans but people whom we represent inevery one ofour districts, some who are not even registered to vote who we take care of. Now, I say that to vote against these rules, for whatever purposes that were delivered by the Minority Leader, just does not hold any water, and I look forward to the time in the future when I may be with one of the Members of your Caucus who voted against these rules and maybe it will become an issue that we can debate someplace other than the Senate floor, someplace in front of normal people, someplace in front ofpeople who do not understand the qualifications and all the other things. They do understand televising the floor debate. They do understand that for 12 years the Republicans controlled the Senate and not one time was there a television camera, and the day that this party took over we televised the proceedings, and within a short period of time, because of these rules, we are going to have a very open forum ofdelivering our actions to the people we represent. Now, if you want to vote against these rules today, fine. Senator PETERSON. Mr. President, I guess first I would like to rise to make sure the record is clear, I meant to do this when I was up before. I have been a Member of this Senate for 8 years, and for 8 years I have supported televising the Senate. And I will always be for televising the Senate. I think it is appropriate. I think we are in a modem day and we should televise the Senate. But I want to say that I take some exception to the comments from the Majority Leader, who says this new rule is needed so that people will not make-i was trying to think of the actual word he used-in other words, what he really was saying, he wants to muffle anybody who does not agree with him. And I suppose he means last year when on two different occasions I pushed the issue of phasing down business taxes in the Commonwealth because I thought then, and I think today, it is the most important issue facing this Commonwealth, right alongside workers' compo Business taxes in this State are driving business out of this State. Now, if my offering of those amendments last year he thinks was grandstanding, he thinks was showmanship, I want to tell you, he is wrong. I do not think there is any more important issue facing us. And I take some exception to the gentleman when he impugns people's motives. He and I disagree on many issues, but I have never questioned his motives, and I do not think you will ever find me questioning his motives. But I think his statement today that they must cut off these foolish and showmanship amendments of cutting taxes, well, if any Member ofthis body thinks taxes ought to be cut, they ought to have the right to have their say, and then he, the taxer and spender, can have his way. That is the way it is. But I think it is time that those kinds of comments, impugning people's motives, not be a part of this body, and I think the gentleman should refrain from those kinds of personal statements. Senator FAITAlI. Mr. President, I think the immediate past speaker was casting aspersions upon a Member of the Senate, and that is against our present rules, and he should be admonished in that regard. The PRESIDENf. Consider the mild admonishment to all parties accomplished And the question recurring, Will the Senate adopt the resolution?

23 1993 LEGISLATIVE JOURNAL - SENATE 275 The yeas and nays were required by Senator LINCOLN and were as follows, viz: Aftlerbach Andrezeski Belan Bodack Bortner Dawida Fattah Armstrong Baker Bell Brightbill Connan Fisher Furno Jones LaValle Lewis Lincoln Lynch Greenleaf Hart Helfrick Holl Jubelirer Lemmond A majority ofthe Senators having voted "aye," the question was detennined in the affinnative and the resolution was adopted. SB 260 CALLED UP SB 260 (pr. No. 370) -- Without objection, the bill which previously went over in its order temporarily, was called up, from page I of the Third Consideration Calendar, by Senator LINCOLN. PREFERRED APPROPRIATION BILL ON THIRD CONSIDERATION AMENDED AND OVER IN ORDER SB 260 (pr. No. 370) - The Senate proceeded to consideration of the bill, entitled: AnActmaking appropriations to the Legislative Reapportionment Commission for legal expenses and the Attorney General for the Supreme Court investigation and the Court Administrator ofpennsylvania for county court cost reimbursement. Considered the third time. YEAS-25 Mellow Musto O'Pake Pecora Porterfield Reibman NAYS-24 Loeper Madigan Mowery Peterson Punt Rhoades Scanlon Schwartz Stapleton Stewart Stout Williams Robbins Salvatore Shaffer Shumaker Tilghman Wenger Will the Senate agree to the bill on third consideration? Senator DAWIDA, by unanimous consent, offered the following amendment No. A0256: Amend Title, page 1, line 2, by striking out "and" and inserting a comma Amend Title, page 1, line 3, by striking out "AND" and inserting a comma Amend Title, page 1, line 4, by removing the period after "REI MBURSEMENT" and inserting: and the Department of Public Welfare for the State Food Purchase Program. Amend Bill, page 3, by inserting between lines 20 and 21: Section 4. The swn of$1,385,000, or as much thereof as may be necessary, ishereby appropriated to the Department ofagriculture for the fiscal year July 1, 1992, to June 30, 1993, for the operation and administration of the State Food Purchase Program. 5 Amend Sec. 4, page 3, line 21, by striking out "4" and inserting: Senator TILGHMAN. Mr. President, I would like to discuss the amendment. The PRESIDENT. The gentleman is recognized for his remarks. Senator TILGHMAN. Amendment A0256, that is the correct amendment number, I gather? Senator DAWIDA. Yes. Senator TILGHMAN. Mr. President, is it a custom in order to change an amendment from the Legislative Reference Bureau in ink, the way this is done? Just so the people understand, the original amendment said that this money would go to the Department of Welfare, and that was incorrect, and everybody agrees it is the Department of Agriculture. This is changed by ink. Is that okay? The PRESIDENT. The Chair may be able to assist in this. This procedure has been utilized before. It is not the nonnal procedure, but it has been accepted practice in the Senate several times. Senator TILGHMAN. Mr. President, okay. I just bring it up because sometimes in the last 3 or 4 days we have been playing fast and loose with the rules of the Senate and I wanted it understood that you agreed that this is in order. I would, for a minute, like to speak, if I could, about the dollar value that is mentioned in this amendment. This puts an additional $1,385,000 in the Department of Agriculture for the operation of the State Food Purchase Program. The Senator offering the amendment told me before that he had requests for these additional funds, and I can understand that. I just want to point out that at no time did anybody discuss this with us, either the Department of Agriculture or any of the food banks in the eastern portion of the State, and it may be because there was $10,600,000 appropriated in the status ofappropriations in last year's general appropriation bill, and about $8 million $7,900,000-was spent as of this morning, leaving a total of $2,656,000 for this purpose for 5 months. I have no particular objection to the additional $1,300,000 put in and trust that the gentleman has some agreement that the Governor is going to sign the extra funds that are in here. Thank you, Mr. President. Senator DAWIDA. Mr. President, I will just point out briefly that the problem here is that the food banks have had a 27.4-percent increase in usage. The greatest increases, I might add, have been in suburban and rural areas, which have been more hard hit. The city areas apparently had already dealt with the crisis of food over the years. So this is a very needed statewide supplement, and I certainly hope we all can support it. It is one of the more important things we do in State government for a very little bit of money. Thank you.

24 276 LEGISLATIVE JOURNAL - SENATE FEBRUARY 10, And the question recurring, It was agreed to. Senator JUBELIRER Mr. President, before you put the bill over, would the Majority Leader stand for very brief interrogation? The PRESIDENT. Will the gentleman from Fayette, Senator Lincoln, permit himself to be interrogated? Senator LINCOLN. I will, Mr. President. Senator JUBELIRER Mr. President, this is a very significant piece of legislation providing for county court costs, as amended by Senator Stapleton and Senator Baker last week; the district justice money for the State, $8 million, as amended by Senator Baker today; and now the amendment by Senator Dawida. In addition, it has $770,000 in it for the Attorney General's investigation of the Supreme Court. The Attorney General, from what I understand, Mr. President, is proceeding, and my question to the Majority Leader is, recognizing the need for these funds, I am wondering what his plans are for Senate Bill No. 260? Senator LINCOLN. Mr. President, my plan is to allow Senate Bill No. 260 to remain on the Calendar until March 15 when we come back in Session, and at that particular time we will have the budget hearings over, we will have a clearer definition, I hope, ofwhat the supplemental appropriation that is floating around may end up being. Mr. President, my concern is that it is February 10, and I am not aware of any time in the 21 years that I have been in office when we passed an appropriations bill by the middle of February. I believe that there are a lot ofdiscussions that have to take place on the budget, a lot of infonnation that has to be gathered, and a great deal more done in detail work to determine justwhat needs may be out there and what needs are real and are not real. I have every intention of addressing this issue with this bill at some time when we come back in March, if that is the desire of the Members of the Senate, but right now my intention is to leave it on the Calendar, and it will be there in March when we come back. Senator njbelirer Mr. President, I thank the gentleman for his succinct explanation, and I would hope that when we come back on March 15 that we are ready to deal with it. I think particularly the counties and the Attorney General are going to be in dire need of those funds, particularly the counties that have been waiting for it for some time and must go out and borrow money in some instances, and the Attorney General, who is proceeding with his investigation. Thank you, Mr. President. Senator LINCOLN. Mr. President, I move that Senate Bill No. 260, as amended, go over in its order. The PRESIDENT. Without objection, Senate Bill No. 260, as amended, will go over in its order. THIRD CONSIDERATION CALENDAR RESUMED BILL ON lhird CONSIDERATION AND FINAL PASSAGE SB 1 (Pr. No. 447) - The Senate proceeded to consideration of the bill, entitled: An Act amending the act of June 2, 1915 (P. L. 736, No. 338), entitled, as reenacted and amended, "The Pennsylvania Workmen's Compensation Act," adding and amending certain definitions; redesignating referees as workers' compensation judges; further providing for contractors, for insurance and self-insurance, for compensation and for payments for medical services; providing for coordinated care organizations; further providing for procedures for the payment ofcompensation and for medical services and for procedures of the department, referees and the board; adding provisions relating to insurance, self-insurance pooling, self-insurance guaranty fund, health and safety, the prevention of insurance fraud; further providing for certain penalties; making repeals; and making editorial changes. Considered the third time and agreed to, And the amendments made thereto having been printed as required by the Constitution, Shall the bill pass finally? The yeas and nays were taken agreeably to the provisions of the Constitution and were as follows, viz: YEAS-31 Afflerbach Greenleaf Mowery Shaffer Annstrong Hart Musto Shumaker Baker Holl O'Pake Stapleton Bortner Jubelirer Pecora Stout Brightbill Lemmond Peterson Tilghman Corman Loeper Punt Wenger Fisher Madigan Reibman Williams Furno Mellow Robbins NAYS-l8 Andrezeski Fattab Lincoln Salvatore Belan Helfrick Lynch Scanlon Bell Jones Porterfield Schwartz Bodack LaValle Rhoades Stewart Dawida Lewis A constitutional majority of all the Senators having voted "aye," the question was determined in the affinnative. Ordered, That the Secretary of the Senate present said bill to the House of Representatives for concurrence. REPORT FROM COMMITTEE ON RULES AND EXECUTIVE NOMINATIONS Senator AFFLERBACH, by unanimous consent, from the Committee on Rules and Executive Nominations, reported the following nomination, made by His Excellency, the Governor of the Commonwealth, which was read by the Clerk as follows:

25 1993 LEGISLATIVE JOURNAL - SENATE 277 MEMBER OF TIlE STATE TAX EQUALIZAnON BOARD To the Honorable, the Senate of the Commonwealth of January 19, 1993 In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Martha Bell Schoeninger, 245 Valley Stream Lane, Wayne 19087, Chester County, Nineteenth Senatorial District, for reappointment as a member of the State Tax Equalization Board, to serve until November 14, 1995, or until her successor is appointed and qualified. ROBERT P. CASEY Governor NOMINATION LAID ON THE TABLE Senator AFFLERBACH. Mr. President, I request the nomination just read by the Clerk be laid on the table. The PRESIDENT. The nomination will be laid on the table. 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 Governor. Which was agreed to. NOMINATIONS TAKEN FROM THE TABLE Senator AFFLERBACH. Mr. President, I call from the table certain nominations and ask for their consideration. The Clerk read the nominations as follows: MEMBER OF THE PENNSYLVANIA COUNCIL ON AGING To the Honorable, the Senate of the Commonwealth of January 8, 1993 In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Dwight Davis, M.D., 1659 Nottingham Drive, Hummelstown 17036, Dauphin County, Fifteenth Senatorial District, for reappointment as a member of the Pennsylvania Council on Aging, to serve until May 23, 1995 and until his successor is appointed and qualified. ROBERT P. CASEY Governor MEMBER OF me COMMONWEALm OF PENNSYLVANIA COUNCIL ON me ARTS To the Honorable, the Senate of the Commonwealth of January 13, 1993 In conformity with law, I have the honor hereby to nominate for the advice and consent ofthe Senate, Peter Flaherty, 5033 Castleman Street, Pittsburgh 15232, Allegheny County, Forty-third Senatorial District, for reappointment as a member of the Commonwealth of Pennsylvania Council on the Arts, to serve until July 1, 1993 and until his successor is appointed and qualified. ROBERT P. CASEY Governor MEMBER OF me BOARD OF TRUSTEES OF THE CENTRAL YOUTH DEVELOPMENT CENTERS To the Honorable, the Senate of the Commonwealth of January 28, 1993 In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Dr. Winston E. Cleland, 2011 Longs Gap Road, Carlisle 17013, Cumberland County, Thirty-first Senatorial District, for appointment as a member of the Board of Trustees of The Central Youth Development Centers, to serve until the third Tuesday of January 1999, and until his successor is appointed and qualified, vice Charles Adonizio, Pittston, whose term expired. ROBERT P. CASEY Governor MEMBER OF me CHILDRENS TRUST FUND BOARD To the Honorable, the Senate of the Commonwealth of January 13, 1993 In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Kathleen L. Rodgers, 376 Ben Avon Street, Meadville 16335, Crawford County, Fiftieth Senatorial District, for reappointment as a member ofthe Children's Trust Fund Board, to serve for a term of three years, and until her successor is appointed and qualified. ROBERT P. CASEY Governor MEMBER OF THE COUNCIL OF TRUSTEES OF INDIANA UNIVERSfIY OF PENNSYLVANIA To the Honorable, the Senate of the Commonwealth of December 8, 1992 In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Robert S. Dougherty, Esquire, 138 North Seventh Street, Indiana 15701, Indiana County, Forty-first Senatorial District, for appointment as a member of the Council of Trustees of Indiana University of Pennsylvania, to serve until the third Tuesday of January 1997, and until his successor is appointed and qualified, vice Frank Gorell, Indiana, whose term expired. ROBERT P. CASEY Governor

26 278 LEGISLATIVE JOURNAL - SENATE FEBRUARY 10, MEMBER OF TIIE PENNSYLVANIA BOARD OF PROBATION AND PAROLE To the Honorable, the Senate of the Commonwealth of February 1, 1993 In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Allen Castor, Jr., 413 South Stone Ridge Drive, Lansdale 19446, Montgomery County, Twentyfomth Senatorial District, for reappointment as a member of the Pennsylvania Board of Probation and Parole, to serve for a term of six years or until his successor is appointed and qualified, but not longer than ninety days beyond that period. ROBERT P. CASEY Governor MEMBER OF TIlE BOARD OF TRUSTEES OF TIlE WESTERN YOU11l DEVELOPMENT CENTERS To the Honorable, the Senate of the Commonwealth of Janu3.ty 19, 1993 In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, The Honorable Gerald 1. LaValle, 423 Deer Lane, Rochester 15074, Beaver County, Fortyseventh Senatorial District, for appointment as a member ofthe Board of Trustees of The Western Youth Development Centers, to serve until the third Tuesday of January 1999, and until his successor is appointed and qualified, vice Thomas Hollander, Esquire, Pittsburgh, whose term expired. ROBERT P. CASEY Governor Will the Senate advise and consent to the nominations? The yeas and nays were required by Senator AFF- LERBACH and were as follows, viz: YEAS-49 Afllerbach 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 Connan 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 determined in the affinnative. Ordered, That the Governor be infonned accordingly. NOMINATION TAKEN FROM THE 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: JUDGE, COURT OF COMMON PLEAS, ALLEGHENY COUNlY To the Honorable, the Senate of the Commonwealth of Janu3.ty 6, 1993 In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Lawrence J. OToole, 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 first Monday of January, 1994, vice The Honorable George H. Ross, mandatory retirement. ROBERT P. CASEY Governor Will the Senate advise and consent to the nomination? The yeas and nays were required by Senator AFF LERBACH and were as follows, viz: YEAS-49 Aftlerbach 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 Connan Lewis Punt Tilghman Dawida Lincoln Reibman Wenger Fattah Loeper Rhoades Williams Fisher NAYS-O A constitutional two-thirds majority of all the Senators having voted "aye," the question was detennined in the affirmative. Ordered, That the Governor be infonned accordingly. NOMINATION TAKEN FROM THE 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 BOARD OF CLAIMS To the Honorable, the Senate of the Commonwealth of December 2, 1992

27 1993 LEGISLATIVE JOURNAL - SENATE 279 In conformity with law, I have the honor hereby to nominate for the advice and consent ofthe Senate, James W. Harris, 6113 Charing Cross, Mechanicsburg 17055, Cumberland County, Thirty-fmt 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. ROBERT P. CASEY Governor Will the Senate advise and consent to the nomination? The yeas and nays were required by Senator AFF- LERBACH and were as follows, viz: YEAS-25 Aftlerbach 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 Connan Jubelirer Punt Tilghman Fisher Lemmond Rhoades Wenger A constitutional majority of all the Senators having voted "aye," the question was determined in the affinnative. Ordered, That the Governor be infonned accordingly. NOMINATION TAKEN FROM THE TABLE Senator AFFLERBACH. Mr. President, I ask unanimous consent to call from the table a certain nomination and ask for its consideration. The Clerk read the nomination as follows: MEMBER OF THE STATE TAX EQUALIZAnON BOARD To the Honorable, the Senate of the Commonwealth of January 19, 1993 In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Martha Bell Schoeninger, 245 Valley Stream Lane, Wayne 19087, Chester County, Nineteenth Senatorial District, for reappointment as a member of the State Tax Equalization Board, to serve until November 14, 1995, or until her successor is appointed and qualified. ROBERT P. CASEY Governor Will the Senate advise and consent to the nomination? The yeas and nays were required by Senator AFF- LERBACH and were as follows, viz: YEAS-49 Aftlerbach 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 constitutional majority of all the Senators having voted "aye," the question was determined in the affinnative. Ordered, That the Governor be infonned accordingly. EXECUTIVE SESSION RISES Senator AFFLERBACH. Mr. President, I move that the Executive Session do now rise. The motion was agreed to. UNFINISHED BUSINESS BILL REREFERRED Senator BELAN, from the Committee on Labor and IndustIy, returned to the Senate SB 4, which was rereferred to the Committee on Local Government. SENATE RESOLUTION MEMORIALIZING THE PRESIDENT AND CONGRESS TO OPPOSE LIMITING COST-OF-LIVING INCREASES FOR SOCIAL SECURITY RECIPIENTS Senators RHOADES and BELL offered the following resolution (Senate Resolution No. 20), which was read, considered and adopted: In the Senate, February 10, 1993 A RESOLUTION Memorializing the President and Congress to oppose limiting cost-of-living. increases for Social Security recipients. WHEREAS, Recent newspaper accounts have stated that the President's administration has proposed a limitation on the cost-ofliving increase calculation for Social Security recipients; and WHEREAS, Many senior citizens ofthe United States and ofthis Commonwealth are having trouble making ends meet while trying to live on a fixed income; therefore be it RESOLVED, That the Senate ofthe Commonwealth of Pennsylvania memorialize the President and Congress ofthe United States to oppose limiting Social Security cost-of-living increases; and be it further

28 280 LEGISLATIVE JOURNAL - SENATE FEBRUARY 10, RESOLVED, That copies of this resolution be transmitted to the President of the United States, to the presiding officers of each house of Congress and to each member of Congress from Pennsylvania CONGRATULATORY RESOLUTIONS The PRESIDENT laid before the Senate the following resolutions, which were read, considered and adopted: Congratulations of the Senate were extended to Erin S. Krueger, Michael A. Moyer, Robert G. Dobson and to the Chester County Council Boy Scouts of America by Senator Baker. Congratulations of the Senate were extended to Mr. and Mrs. Benito Moscatiello by Senator Bodack. Congratulations of the Senate were extended to Mr. and Mrs. Bert A. Bowen by Senator Connan. Congratulations of the Senate were extended to Agnes Kisielius by Senator Fumo. Congratulations ofthe Senate were extended to Elizabeth Ahrens and to Edward P. Ahrens, Jr. by Senator Greenleaf. Congratulations of the Senate were extended to Suzy L. Atkins and to Eugene D. Downey by Senator Jubelirer. Congratulations ofthe Senate were extended to Reverend David Farina by Senator Lewis. Congratulations of the Senate were extended to Mr. and Mrs. Edgar Aaron Schrock and to Robert Earl Long by Senator Lincoln. Congratulations of the Senate were extended to Mr. and Mrs. Walter A. Schroyer, Mr. and Mrs. William T. Sweeley, Bruce E. Henry and to Darrell Biehl by Senator Madigan. Congratulations ofthe Senate were extended to Jason W. Howells and to the Pennsylvania Music Educators Association by Senator Mellow. Congratulations ofthe Senate were extended to the citizens ofelk County by Senator Peterson. Congratulations ofthe Senate were extended to Benjamin Jones by Senator Porterfield. Congratulations of the Senate were extended to Chad R Dillaman by Senator Robbins. Congratulations ofthe Senate were extended to the Kiwanis Club ofharrisburg, Division 13N, by Senators Shumaker and Mowery. Congratulations of the Senate were extended to Mr. and Mrs. John Fox by Senator Stout. CONDOLENCE RESOLUTIONS The PRESIDENT laid before the Senate the following resolutions, which were read, considered and adopted: Condolences of the Senate were extended to the family of the late Jerome Gaines by Senator Fattah. Condolences of the Senate were extended to the family of the late Mary Carroll by Senator Jones. Condolences of the Senate were extended to the family of the late Douglas W. Smith by Senator Jubelirer. PETITIONS AND REMONSTRANCES Senator WEPER Mr. President, I would just like, for the record, to bring to the attention ofthe Members ofthe Senate a very unfortunate incident that occurred in my office last week. Sometime after working hours on Wednesday, February 3, 1993, my offices in the State Senate were entered, computer cables were cut, computer equipment was tampered with, as well as cabling and equipment were removed from the office. At that time, neither I nor members of my staff were notified, granted access to anyone, or were even contacted after the fact. Mr. President, I consider this a very serious matter. The entry and tampering only came to light the next morning because ofthe failure ofcomputer systems serviced through the equipment and cables that were involved. Upon investigation, Mr. President, it is reported that the unauthorized entry and breach of the computer systems were accomplished by personnel ofthe Pennsylvania State Police. Their mission, from all reports at that time, was not law enforcement related but rather a part ofsome internal security check being perfonned for certain Members of the Senate. Again, Mr. President, I strenuously protest this type of action, and, in response to that, corresponded my concern to Commissioner Glenn Walp ofthe Pennsylvania State Police. Immediately, on Saturday morning, in response to my letter, Commissioner Walp responded to me and indicated that the letter that I had sent him "...raises allegations which necessitate swift investigative action. Therefore, immediately upon...," the receipt ofthe correspondence, "I ordered an investigation into the allegations. Captain Samuel A. Boore, Director, Internal Affairs Division, Bureau of Professional Responsibility, has been personally assigned to learn the facts ofthis matter. I ask that you and your staff give Captain Boore your full cooperation so that this matter can be brought to an expeditious conclusion." Mr. President, it is my intent today to make my request of Commissioner Walp part of the record, and also his initial response to me part of the record, and I would like to also indicate, Mr. President, that I feel so outraged by this invasion of a Member's office, that it is a very serious concern for this institution, for every Member ofthe Senate of Pennsylvania. I have also contacted and spoken with the General Counsel of the Commonwealth, Secretary Haggerty, and personally spoke with Governor Casey to indicate my protest to him, and I was pledged by both Mr. Haggerty and Governor Casey their full cooperation in bringing this matter to a conclusion. I would like to note, Mr. President, that after Commissioner Walp meets with me-and Captain Boore indicated to me yesterday in a meeting in my office that they expect to have this investigation completed in the very near future, a complete report made to the Commissioner, and he will then meet with me-after meeting with me and discussing his findings, I will be requesting a meeting with the President pro tempore ofthe Senate and demand that appropriate swift action be taken with anyone who acted illegally or improperly in this particular matter.

29 1993 LEGISLATIVE JOURNAL - SENATE 281 Thank you, Mr. President. (The following correspondence was made a part of the record at the request ofthe gentleman from Delaware, Senator LOEPER:) Office ojthe Republican Whip Senate ojpennsylvania February 5, 1993 Colonel Glenn A. Walp Commissioner Pennsylvania State Police 1800 Elmerton Avenue Harrisburg, PA Dear Commissioner Walp: Sometime after working hours on Wednesday, February 3, 1993, my offices in the State Senate were entered, computer cables were cut, computer equipment was tampered with, and cabling and equipment were removed from the office. Neither I, nor members ojmy staff, were notified, granted access or even contacted after the Jact. The entry and tampering only came to light the next morning because ojthe Jailure ojcomputer systems serviced through the equipment and cables involved. Upon investigation, it is reported that the unauthorized entry and breach ojcomputer systems were accomplished by personnel ojthe Pennsylvania State Police. Their mission, from all reports, was not law enforcement related, but rather part ojsome internal security check being perjormed Jor certain members ojthe Senate. I strenuously protest the unauthorized access by State Police personnel. Further, it is incomprehensible that they would remove cabling and otherwise breach systems without making any apparent effort to find the use and purposes ojthe cabling. Apparently other activities on the part ojthe same personnel are directly responsible Jor an expensive Jailure ojthe Senate's public address system earlier this session. Afew wellplaced questions, or a bit ojnotice would avoid the need Jor clandestine entry ojoffices and the breach ojthe computer and electronic systems which service the Main Capitol. I expect a full report on the activities ojthe unit and the Department policies that guide such activity. The report should include answers to the Jollowing: 1. When the entry was made. 2. Which other offices and Jacilities in the North Wing oj the Capitol and other Senate areas were entered as a part oj the service? 3. The name or names ojthe personnel who made the entry. 4. Who directed the entry ojthe offices? 5. Who directed the breach ojthe computer system? 6. Who in the State Police authorized use ojpersonnel to conduct the activities? 7. On what dates were State Police personnel in the Capitol to perform the requested internal security checks? 8. Who the State Police accept as authority to direct: a) entry ojoffices in the Capitol b) alteration or removal ojequipment in the Capitol 9. Can any member ojthe General Assembly request internal security checks be performed by State Police personnel? I await your report. cc: Governor Robert P. Casey Senator Robert 1. Mellow Senator Robert C. Jubelirer Sincerely, F. JOSEPH LOEPER REPUBLICAN WHIP (The following correspondence was made a part of the record at the request ofthe gentleman from Delaware, Senator LOEPER:) COMMONWEALTH OF PENNSYLVAMA PENNSYLVAMA STATE POLICE 1800 ELMERTON AVENUE HARRISBURG, PA February 6, 1993 The Honorable Joseph F. Loeper (sic) Senate ojpennsylvania Senate Post Office The State Capitol Harrisburg, PA Dear Senator Loeper: This is to acknowledge receipt ojyour letter ojcomplaint oj February 5, 1993, alleging that members ojthe Pennsylvania State Police entered your Capitol office complex without authorization and, among other things, damaged computer equipment. As you may know, members ojthe State Police Technical Operations Unit have been conducting security checks oj several offices within the Capitol Complex at the request oj Mr. Charles Hippensteel, ChieJ Sergeant at Arms, Senate Security. The State Police have been doing these security checks at the request ojmembers ojthe General Assembly oj both parties for the past 30 years. Requests Jor these services typically come through legislative staff. Your letter raises allegations which necessitate swift investigative action. ThereJore, immediately upon its receipt, I ordered an investigation into the allegations. Captain Samuel A. Boore, Director, Internal Affairs Division, Bureau oj Professional Responsibility has been personally assigned to learn the Jacts ojthis matter. I ask that you and your staffgive Captain Boore your full cooperation so that this matter can be brought to an expeditious conclusion. Assuring you oj my continued cooperation in matters oj mutual concern. Sincerely, Colonel Glenn A. Walp Commissioner

30 282 LEGISLATIVE JOURNAL - SENATE FEBRUARY 10, Senator REffiMAN. Mr. President, today I introduced legislation to rectify what I believe to be a serious inequity created by the Pennsylvania Supreme Court's decision in Blue vs. Blue last November. In reversing the decision ofthe Superior Court, the Supreme Court ruled that the common law duty to support a minor child ceases at the age of 18, because that is the age at which the General Assembly bestows adulthood on minor children. Justice Zappala stated that no duty has been developed in case law. He distinguished a long list ofcases to arrive at this conclusion, cases such as Emerick vs. Emerick in 1971, Brake vs. Brake in 1979, Lederer vs. Lederer in 1981; and more recently, Leonard vs. Leonard in 1986, and Miller vs. Miller in the same year. But the fact remains that in each one ofthese cases, the court looked at a specific set of facts and imposed a liability on the parents to provide financial support. Justice Zappala reasoned that since our legislature has taken an active role in domestic matters through amendments and reenactment of the Divorce Code and the Domestic Relations Act, "we," meaning the court, "feel that the more prudent course is to await guidance from that body," meaning the legislature, "rather than creating duties and obligations by Judicial pronouncements." Mr. President, this legislation proposes to offer that guidance to the courts and return to a policy and method followed prior to Blue. The bill sets factors that courts may consider when deciding a parent's responsibility for a child's postsecondary educational expenses. The factors include the financial resources of both parents, the financial resources ofthe child, and the ability, willingness, and desire of the child to pursue a post-secondary education. Expecting parents to be responsible to provide support for children who are over the age of 18 is not new. Twenty-one was the age of adulthood until we passed the 26th amendment to the U.S. Constitution in 1971, granting citizens 18 years of age the right to vote. This was the beginning of statut~ry enactments emancipating children at age 18 and bestowing adulthood upon them. However, though we have determined 18-year-olds to be adults and allow them to sue or be.sued ~d enter into contracts, most, if not all, sources of financial assistance for higher education require financial information about the parents' earnings to determine a student's need for tuition assistance. Is the next logical step following the Blue decision to change all requirements for PHEAAgrants and loans and other financial assistance to exclude information about the parents' financial status? I hope not. The Blue decision was based on the Supreme Court's interpretation of its authority to require financial ~upport for. ~ dents over age 18. It did not consider the ments of reqwnng parental support as a matter of policy; rather, it deferred to the legislature.. I believe, as a matter of policy, we should establish guidelines for a court to enforce a parental duty to support a child's higher education. I believe we should empower a court to look at the financial situation of the child as well as the parents; also, a child's ability and desire to pursue post-secondary education. Ifa child demonstrates the ability but lacks the financial resources, parents, especially noncustodial parents, should provide support to the extent he or she is financially able. Othetwise, the public may end up paying costs that are more appropriately the responsibility of parents. The result of the Blue decision and its subsequent application since last November is unfair to a student who seeks an education, to a parent who must bear the burden of two parents, and to the taxpayers who provide public funds to support students whose parent may attempt to avoid his or her responsibility. Let me conclude by reemphasizing that this legislation does not mandate support or any specific amount of payment. It merely provides authorization and guidelines to courts when determining parental responsibility for the post-secondary educational expenses of their children. This is what Justice Zappala said the court did not have in the Blue decision. Thank you, Mr. President. Senator LINCOLN. Mr. President, prior to Senator Reibman's remarks, Senator Loeper spoke about an incident that took place here last week, and I think it bordered on being an unfair characterization of what may be taking place. I am not aware of anybody hindering the investigation, I am not aware of anyone saying that they are not going to comply with whatever the investigation proves, and I think that the statements, if anything, are premature. I would think that as soon as the State Police have made their investigation public, have come back with recommendations or come back with a report that says what happened, I think everybody then has a responsibility of complying and dealing with it. But to do that at any time prior to that report being completed, I think, is a little unfair to everybody, including the Senator himself. You know, the office that was involved in this was his, but the whole Senate, I think, has something to risk and to lose and nothing to gain by this. I would suggest to him that if there is an occasion after the report is given that something is either being covered up or not dealt with, or whatever, then I think those remarks would be more proper, not here in Petitions and Remonstrances but someplace else in the Senate Chamber during one of our Sessions, or wherever he would choose. But I just would hope that this unfortunate incident does not get blown out of proportion any more than it already has, and I am willing to wait for the police report, and I think he should be, too. Senator LOEPER Mr. President, it was simply my intent today to outline, for the purpose ofthe record, the incident that had occurred, the correspondence that I had sent to Commissioner Walp to investigate the matter, and then indicate his response to me. I believe that my remarks indicated that I was awaiting his report from his Internal Affairs Division, I would meet with him, and, subject to what that report said, request a meeting with the President pro tempore to discuss whatever the investigation showed, and if, in fact, there were charges of improper activity, that they be dealt with swiftly and effectively.

31 1993 LEGISLATIVE JOURNAL - SENATE 283 Senator MOWERY. Mr. President, I would like to give a few remarks related to Senate Bill No.1, which was recently passed here in the Senate. The problems have been mounting in our workers' compensation system for some time. The measure we just passed begins to fix several ofthe most serious problems and certainly deseived our support. There is a cautionary note that even if this reform lives up to expectations, potential difficulties may still remain. The workers' compensation arena consists of both private insurers and SWIF, the State Workers' Insurance Fund Judging from what people in the business and those who are insured are telling us, this reform does not bring SWIF out of the woods. More and more workers' compensation business is being dumped on SWIF, with the recently approved rate hike accelerating the trend. There is a belief in the field that the reason behind the surprisingly high 24-percent rate hike was the financial condition of SWIF itself. The fund has had its reseive depleted bysome dubious budget balancing efforts, and its management performance has long been the target ofmuch criticism. I am receiving letters from people who believe that SWIF's eroding position is causing them to make decisions harmful to employers, and ultimately to their jobs. At this time I would like, for the record, to read a portion ofa letter I received from one ofmy businesses in Cumberland County, and it goes, partially, "I am deeply concerned that without meaningful reform the company I started in April of 1990, which today employs nearly 100 Pennsylvanians, will be forced out of state or out of business. Our business is trucking and our Comp rate increased 36% on from $18.14 to $25.03 per $100 of wages. We are competitively disadvantaged to companies from adjacent states who pay much less than we do, as example the rates per $100 of wages in Maryland are $10.25; New Jersey $9.36; Virginia $8.55. We expect a $2,000, payroll in 1993 which means our Workmens comp standard premium in each of these states would look as follows:..." Now, Mr. President, this is what is, I think, a very strong indication ofwhat and how severe our problem is. In Pennsylvania, this company will pay $500,600 for their premium. In Virginia, the very same would be $171,000; in New Jersey, $192,600; and in Maryland, $205,000. Now, Mr. President, that is a substantial difference, and I believe that many times we are not aware, many have never paid workers' comp in their businesses or have any idea of exactly what we are talking about as far as the concerns. I would like to add one more statement. This is from the letter. "We insure with The State Workmen's Insurance Fund and are troubled by the fact that Gov. Casey took over $400,000,000 from the policy holders surplus and the fund now operates at a loss and since few if any other insurance companies will write coverage in Pennsylvania SWIF is growing at a rate ofover 30% a year and is obviously overburdened and understaffed This results in excessive reseive setting policies which unfairly increase our premiums through artificially inflated experience modifiers and ofthe greatest concern results in poor or no claims handling. As examples you should consider the following: "We have a man who hurt his foot on ; we gave him a meaningful job in the office and reduced his comp benefits to $ a week--he retired and moved to Florida ," almost a year later, "and is still collecting $ a week. We petitioned to have these benefits stopped immediately after he retired and no final decision has been made as of this date." And this is some 6 months after that. You know, SWIF has received this loss and has reseived it to be $100,000 to his company, based on the $243 a week, which means that they are assuming at this point that that will be paid for the next 414 weeks, or 8 years. Mr. President, I think that this is an indication of the severity of our problem, and if we pass the workers' comp reform, which at this point we did, it is a significant step forward. I do not want to diminish the importance of what we did here today, but I do want the record to reflect, however, that there exists serious concerns about SWIF, and the issue of workers' compensation may well be one that the General Assembly will have to revisit, despite the limited benefits that we may have achieved through this reform. Thank. you very much, Mr. President. APPOINTMENT BY PRESIDENT PRO TEMPORE The PRESIDENT. The Chair wishes to announce the President pro tempore has made the following appointment: Senator Michael Dawida as a member of the Board of Trustees for the University of Pittsburgh. PETITIONS AND REMONSTRANCES (Continued) Senator MADIGAN. Mr. President, I want to express my gratitude to Senator Mellow and my fellow Senators who have worked both with me and against me in an effort to reach a compromise on Senate Bill No.1, which we passed out of here to the House today. This has not been an easy road that we have traveled, that I have traveled myself personally over the past 3 years. Am I pleased with Senate Bill No.1? No. I like my original proposal of last Session much better. However, I am satisfied that by working with Senator Mellow we have attempted to craft a bipartisan compromise that will, hopefully, provide to our employer community the opportunity to continue doing business here in Pennsylvania. And I state that because in my senatorial district, we have lost a publishing industry to Kansas within the last year, and workmen's compensation was one of the straws that broke their back. Currently, we have 350 union jobs leaving Lycoming County for the State ofindiana because of the high cost of workmen's comp in this Commonwealth; also 129 steelworkers' jobs, which are set for closure in an adjoining district.

32 284 LEGISLATIVE JOURNAL - SENATE FEBRUARY 10, I think we have to take a good, long look at whether we in the legislature-and I am talking to the House, I guess, at this point, and to the Governor-are going to try to achieve a public policy that will encourage employers and jobs to stay in this Commonwealth or are going to continue to force them to go to other States in this great United States of ours to do their business, to pay their taxes, and to fund those things that State government needs the revenue from. Certainly, as I said, I have worked on this, and I commend Senator Mellow for, as we changed the leadership in this House, taking it upon himself to move ahead with the compromise that we had come close to putting together with the Members of the House, both Caucuses, last November. It would be my hope that we can take a good look at this with the House and the Governor, and we will look at what is best for the workers and the potential of jobs in this Commonwealth and take a good, long look at Senate Bill No.1, because I have to say for myself, I have gone as far as I possibly can. I will not give up any more for any of the players who are in this, and even today, all ofthe players, regardless ofwhether they are pro or con, are demanding more from this, and I do not believe there is any more to give. Thank you, Mr. President. Senator FISHER. Mr. President, I, too, would like to rise to make a few comments about Senate Bill No. 1 and its passage. First ofall, I want to commend my colleague and good friend, Senator Madigan, who has worked tirelessly over the last year and a half in trying to forge the compromise that initially came out over 6 or 8 months ago and now has resulted in the culmination for the third time of a workers' compensation bill in the Senate. I, likewise, want to compliment Senator Mellow for the role that he has played in working with Senator Madigan to try to make this a bipartisan effort, a bipartisan bill, and one that has not only passed this House before but passed it today with 31 affirmative votes. Mr. President, we could go on and on and talk about the importance of workers' compensation to the people we represent and to the employers all across this Commonwealth. Senator Madigan related, as did Senator Mowery, some statistics ofimportance from their district and I would just reiterate those of mine, too, that I have certainly many, many stories to tell that have been told to me. But at a time, Mr. President, when clearly the economy and jobs is the number one issue on the minds of practically all of the people of Pennsylvania, we should not lose this opportunity to adopt legislation which I believe can be the most significant legislation that we will have a chance to deal with here in this legislative session. Senator Madigan and Senator Mellow started out with a bill, particularly Senator Madigan, that contained many more reforms than the bill that was passed here today in Senate Bill No.1. Mr. President, they have already compromised. They have already made changes. They have made changes and came back to us in our Caucus, changes that not everyone liked. They have come back to the business community with changes that not everyone has liked. But, Mr. President, I think it is time not only for the House ofrepresentatives to get on board, but I think it is particularly time for the Governor of this great Commonwealth to get on board and to get behind this workers' compensation effort. Time is running out. It is running out on the small employers in Pennsylvania. It is running out on the large employers in Pennsylvania. And unless the Governor begins to exercise some true leadership to say that it is time for him and for his colleagues on the Democratic side, particularly in the House of Representatives, to get on board, we are going to miss this opportunity. So, Mr. President, I say that although we have a lot of reason to be happy today that Senate Bill No.1 has passed the Senate ofpennsylvania, the employers and workers in Pennsylvania are not going to be happy and they are not going to be able to look forward to new jobs being created until we have a bill that is on the Governor's desk and a bill to which he is able and willing to affix his signature. So, Mr. President, I hope that this is a major step forward. I think the opponents of this legislation should hearken the words of Senator Madigan. He has given up, as have many others given up all that they can give up. The time is now to adopt this version of workers' compensation. Senator LINCOLN. Mr. President,.I really hesitated to get involved in this debate, but I think to say that it is time for the Govemor to get on board, the gentleman is ignoring the fact that House Bill No in the last Session passed, which was the Governor's effort to try to solve this problem, and because ofthe intransigence ofthe people who are pushing for reformin their words, reform--and their inability to compromise, and they have refused to compromise other than from outrageous positions that were first introduced, is the reason that we have not been able to resolve this problem. The bill that passed today is a step in the right direction only in that it keeps the process going. I did not speak on the bill, I did not vote for it, but to characterize those ofus who have voted against this bill today and consistently voted against any effort made last year here in the Senate as being opposed to reform of this system is just absolutely not true. Just remember, reform is a strange word. What Senator Fisher thinks is reform and what Senator Lincoln thinks is reform could be miles and miles apart. The effort to get something done legislatively has always been by compromise. And if one side completely holds fast to where they are, as Senator Madigan has indicated publicly that he has and will, I do not believe this situation is going to be resolved easily or in any short order. Senator FISHER. Mr. President, Ijust would like to respond briefly. I assume it is not the intransigence ofthe President pro tempore, Senator Mellow, that Senator Lincoln is referring to, but my comments and my debate were focused on the next steps. The Senate has now spoken. I think Senator Lincoln and the others who voted in the negative on this bill and have in the past have every right to articulate their positions. But the majority now in this Chamber has spoken. They have spoken for at least the third time. They have spoken after showing the ability to compromise, even though the compromises that were