1Jkgislatifre IDllurnal

Transcription

1 COMMONWEALTH OF PENNSYLVANIA 1Jkgislatifre IDllurnal TUESDAY, JANUARY 6,1998 SESSION OF ND OF THE GENERAL ASSEMBLY No.1 SENATE TIJESDAY, January 6, 1998 The PRESIDENf. This being the day and hour fixed by the Constitution for the convening of the 182nd Regular Session of the General Assembly, the Senate will come to order. The PRESIDENf (Lieutenant Governor Made S. Schweiker) called the Senate to order at 12 m., Eastern Standard Time. PRAYER The Chaplain, Reverend JAMES GRUBB, of Grace United Methodist Church, Harrisburg, offered the following prayer: Let us pray. Creative God, You make all things new. We come to You in a new year with new concerns, new dreams, new desires, new decisions to make. Lead us fmward into the new year and a new Session with our vision made clean from all self-seeking. Renew in us that high calling of serving faithfully the people of the Commonwealth of Pennsylvania. Let Your spirit lead us along the unblazed trail of this new Session. Be our companion on the way as we engage a future in which some days will flow like a song and others will demand our most strenuous effort. Help us not to be consumed with victories and defeats but to find the greatest satisfaction in our living each day with integrity and in grace. And now as we begin anew, open our ears that all voices and positions may be heard, open our minds so that challenging thoughts will be entertained, and open our hearts to the end that we will cooperate for the common good. Amen. The PRESIDENf. The Chair thanks Reverend Grubb, who is the guest today of Senator Piccola. ELECTION OF PRESIDENT PRO TEMPORE The PRESIDENf. The next order of business will be the election of a President pro tempore, as required by Article II, Section 9, of the Constitution of the Commonwealth of Pennsylvania, which requires, in part, that the Senate shall, at the beginning of each Regular Session, elect one of its Members President pro tempore. Before taking up nominations for the office of President pro tempore, the Chair would again like to acknowledge that we will continue the practice started a few Sessions ago, if there is no objection, that in the event there is only one candidate for the office, the Chair will dispense with the calling of the roll and ask for a voice vote on the nomination. The Chair would ask if there is any objection? The Chair hears no objection. The Chair will now accept nominations for the office of President pro tempore. The Chair recognizes the gentleman from Delaware, Senator Loeper. Senator LOEPER. Mr. President, as we meet today on the first Tuesday of the new year, one of our initial responsibilities is to electa Senate President pro tempore to preside over this body in the coming year. Given the challenges that we face and the need for leadership, cooperation, and action, it is crucial that we choose someone with experience, judgment, and integrity, someone who understands this institution and is committed to doing his best for the people of Pennsylvania, a legislator who is willing to embrace new ideas and fight for what he believes is right, but also one who ~ forge compromise and steer us through adversity. Mr. President, the Senate is fortunate to have just a leader in Senator Bob Jubelirer. He has presided over this Senate in difficult times and in good times, and has provided a steady hand and dedication to make government worlc for all the pe0 ple of this Commonwealth. In his 12 years as President pro tempore, Senator Jubelirer has fulfilled the duties of the office with integrity, fairness, and distinction, and has earned the respect of his colleagues. As we begin a new Session, Mr. President, we are fortunate to have such a leader as Senator Robert C. Jubelirer, and therefore, it is my honor and privilege to nominate Senator Robert C. Jubelirer as President pro tempore of the Senate of Pennsylvania. The PRESIDENf. The Chair thanks Senator Loeper, and for the same pmpose, the Chair recognizes the gentleman from Berks, Senator O'Pake. Senator O'PAKE. Mr. President, it is my privilege to second the nomination of Senator Jubelirer. Taking a page from our Chaplain's prayer today, we certainly look fmward to worlting in cooperation for the common good of the people of Pennsylvania. They certainly expect no less. I personally look forward to working with the Senator to continue our fight for property tax reform. I know that the people ofpennsylvania made it loud and clear on Election Day that they expect something to be done to remove some of the burden offthe homeowner in Pennsylvania. That having been voted on, I look fmward to the cooperation that is going to test the will and the political acumen of many, many people up here to make sure that that becomes a reality.

2 1322 LEGISLATIVE JOURNAL - SENATE JANUARY 6, So on behalf of my colleagues on this side of the aisle, I would like to second the nomination of Senator Jubelirer and ask that the vote be made unanimous. NOMINATIONS CLOSED The PRESIDENT. Are there any other nominations? The Chair hears none and declares the nominations closed. The candidate for the office of President pro tempore is the Honorable Robert C. Jubelirer of Blair County. All those in favor of Senator Robert C. Jubelirer for the office of President pro tempore will please say "aye"; opposed, "no." (A voice vote having been taken, the question was determined in the affmnative.) The PRESIDENT. The Chair takes great pleasure in again declaring Senator Jubelirer unanimously elected President pro tempore of the Senate. COMMITTEE APPOINTED TO ESCORT PRESIDENT PRO TEMPORE-ELECT TO THE ROSTRUM The PRESIDENT. The Chair appoints the following committee to escort the President pro tempore-elect from his desk to the rostrum for the administration of the oath of office: the gentleman from Delaware, Senator Loeper; the gentleman from Montgomery, Senator Holl; and the gentleman from Berks, Senator D'Pake. (Whereupon, the President pro tempore-elect was escorted to the rostrum of the Senate.) ADMINISTRATION OF OATH OF OFFICE TO PRESIDENT PRO TEMPORE-ELECT The PRESIDENT. The Chair would also note with some pleasure the return, for the purpose of administering the oath of office, of former Senator Dave Heckler, who bas served this Commonwealth and body well, beginning as a staff attorney some years ago, his election to the House of Representatives, and serving in this Senate for 7 years as a State Senator from Bucks COWlty, and he now serves the people of Bucks COWlly as a distinguished jurist and member of the Court of Common Pleas. So at this point I will ask Judge Heckler to step forward behind me and administer the oath of office to the newlyelected President pro tempore of this Senate, Senator Robert Jubelirer. Please rise. Judge HECKLER. Senator, are you prepared to take the oath? The PRESIDENT pro tempore-elect I am, Your Honor. Judge HECKLER. Senator, repeat after me: I, Robert C. Jubelirer, do solemnly swear that I will support, obey, and defend the Constitution of the United States and the Constitution of this Commonwealth, and that I will discharge the duties of my office with fidelity. Judge HECKLER. Congratulations. The PRESIDENT pro tempore. Thank you. (Applause.) REMARKS BY THE PRESIDENT PRO TEMPORE The PRESIDENT pro tempore. Thank you very much, and a happy new year and a healthy new year to one and all. Once again, this is a very humbling moment for me as I take the oath of office to lead this incredibly distinguished body as its President pro tempore, something that bas been very meaningful over these past dozen years. When you stand in this body and recognize and realize the significance of this action today, it is quite humbling, I assure you. I want to express my appreciation to our former colleague and now freshly sworn in Judge David Heckler for administering the oath of office. Dave Heckler made his contribution in this body, he made his contribution in the House of Representatives, and I have no doubt that in the judicial system of Pennsylvania David Heckler will make his contribution there. It is really, really special to have our colleague come back after having just been elected and sworn in as judge of the Court of Common Pleas of Bucks County to swear me in today, and, Dave, thank you very, very much. It is very meaningful to have you here. And to Senator Joe Loeper, my dear friend, thank you for your very kind words of nomination. Even though protocol kind of requires you to do that as the Majority Leader, our friendship and our respect for one another bas meant so much over the years that your nomination of me is extremely important. And Senator D'Pake, another veteran of this Senate and the ranking Democratic leader today, to have your words of support and nomination and recognizing the words in the Chaplain's prayer, as I did today as I listened, were very important. And to have the congratulations of Senator Bob Mellow, who was unable to come into the Chamber today, and to all of my friends and colleagues on the other side of the aisle, I am most grateful for your trust and your support, as I am to all Members of the Senate, and I am grateful for the opportunity to serve in this position once again as we enter It is a new year in this Senate. It is a new year for all of us, and Republicans and Democrats can point to a substantial record of accomplishment. We can expect a worthy agenda of pending solutions to the needs and concerns of our beloved Pennsylvania. We can look forward to wodcing with Governor Tom Ridge, with his administration, and with the House to build on an incredible record, I believe, to position our State to compete, to grow, and to succeed. And I am sure with Governor Ridge's leadership and with the efforts of the House and the Senate, we will do just that. By every measure, 1997 was an exceptionally productive year. From increasing the transportation funding available to communities to shielding charitable groups from costly and unproductive litigation, from opening the doors to charter schools to putting in place a homestead exemption option, we negotiated and approved reasonable, responsible solutions to long-running concerns. This was due in no small part to the unusual level of cooperation that marked many of the issues.

3 1998 LEGISLATIVE JOURNAL - SENATE 1323 The remarkable early adoption of a State budget was a prominent example where negotiation replaced the customary confrontations. Taxpayers appreciate when our efforts are concentrated on results instead of being aimed at political advantage. Notable, too, was the wide participation of the Members in advancing issues, in debating policies, and in developing practical answers that gained broad approval, yet there is no shortage of challenges. As we discussed with people in communities what the priorities should be, their responses mirror the issues before us: job creation, health care access, education improvement, property tax reduction. On several of these issues the Senate has passed legislation. On others, landmark legislation is poised for our debate and our action. By acting on lobbying disclosure refonn, something that Judge Heckler. was involved in prior to assuming his role on the bench, and legislation to provide easier access to Senate documents, both bipartisan measures, we can increase public understanding of State government, and it is a challenge to get that done. Just as Pennsylvania has become a leader in deregulating electric power, so we can now carve out a leadership role in refonning health care. We believe, and the surveys of Pennsylvanians confinn, that in many ways Pennsylvania is headed in the right direction, taking commonsense steps that real people support. Our responsibilities in 1998 include continuing the momentum of reform, looking for additional ways to control costs and improve competitiveness, and pursuing opportunities for bringing additional progress to our Commonwealth. My friends, my colleagues, I wish you the very best for a healthy, productive, and successful new year. With our working together in this body and with Lieutenant Governor Schweiker and Governor Ridge and working with the House of Representatives, I have no doubt that we will have the best year ever in Pennsylvania. That is my goal. I know it is your goal, and working together we can make it happen. Happy new year, and thank you again very much from the bottom of my heart. (Applause.) The PRESIDENT. The Chair wishes to again thank Judge Heckler for taking the time to come here today to be with us for administering the oath of office to our new President pro tempore. HOUSE MESSAGES SENATE BILLS RETURNED WITH AMENDMENTS The Clerk of the House of Representatives returned to the Senate SB 284, 425 and 641, with the information the House has passed the same with amendments in which the concurrence of the Senate is requested. The PRESIDENT. Pursuant to Senate Rule XN, section 5, these bills will be referred to the Committee on Rules and Executive Nominations. HOUSE BILLS FOR CONCURRENCE The Clerk of the House of Representatives presented to the Senate the following bills for concurrence, which were referred to the committees indicated: December lib Committee on Finance. lib 1237 and Committee on State Government. lib Committee on Judiciary. lib Committee on Local Government. lib Committee on Transportation. December lib Committee on Judiciary. lib Committee on Public Health and Welfare. 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: December Senator PICCOLA presented to the Chair SB 1226, entitled: An Act amending the act of July 11, 1957 (p.l.789, No.375), entitled "An act authorizing the Department of Property and Supplies, with the approval of the Governor, to grant and convey to the City of Harrisburg a portion of Forster Island, situate in the City of Harrisburg, Dauphin County," removing provisions relating to exclusions of the conveyed property. Which was committed to the Committee on STAlE GOV ERNMENT, December 18, Senators LAVALLE, AFFLERBACH, O'PAKE, ROBBINS, BELAN, BODACK, STAPLETON, GERLACH,~OW, KASUNIC, DELP, SCHWARTZ, TARTAGLIONE, KUKOVICH, STOUf, EARLL and TIIOMPSON presented to the Chair SB 1227, entitled: An Act amending TItle 75 (Vehicles) of the Pennsylvania Consolidated Statutes, further providing for periodic vehicle inspection. Which was committed to the Committee on TRANSPOR TATION, December 18, Senators LAVALLE, AFFLERBACH,O'PAKE, ROBBINS, BELAN, BODACK, STAPLETON, GERLACH, ~OW, KASUNIC, DELP, TARTAGLIONE, KUKOVICH, WAG NER, STOUT, EARLL and TOMLINSON presented to the Chair SB 1228, entitled: An Act amending the act of March 4, 1971 (p.l.6, No2), entitled Tax Reform Code of 1971, providing for a tax credit for emissions inspection fees. Which was committed to the Committee on FINANCE, December 18, December Senators SCHWARlZ, ~OW, BODACI(, FUMO, WILLIAMS, COSTA, STAPLETON, TARTAGLIONE, BELAN, LAVALLE, AFFLERBACH and KASUNIC presented to the Chair SB 1229, entitled: An Act requiring all health insurers, health service cozporations and health maintenance organizations to provide individual child health benefits coverage on a continuous open enrollment basis.

4 1324 LEGISLATIVE JOURNAL - SENATE JANUARY 6, Which was committed to the Committee on BANKING AND INSURANCE, December 29, Senator SCHWARIZ presented to the Chair SB 1230, entitled: An Act amending the act of October 4, 1978 (p.l.883, No.170), entitled, as reenacted, Public Official and Employee Ethics Law, further providing for financial interest statements. Which was committed to the Committee on STATE GOV ERNMENT, December 29,1997. Senator HOLL presented to the Chair SB 1231, entitled: An Act amending the act of March 4, 1971 (PL.6, N02), entitled Tax Reform Code of 1971, providing for a deduction from personal income for certain volunteer firefighters and rescue squad members. Which was committed to the Committee on FINANCE, December 29, January Senators SLOCUM, HELFRICK, ROBBINS, COSTA, KASUNIC and MADIGAN presented to the Chair SB 1232, entitled: A Joint Resolution proposing an amendment to the Constitution of the Commonwealth of Pennsylvania, to provide for the right to hunt and fish. Which was committed to the Committee on GAME AND FISHERIES, January 6, Senators WlllTE, SALVATORE, HELFRICK, TOMLIN SON, AFFLERBACH, LAVALLE, DELP, LEMMOND, SLOCUM and RHOADES presented to the Chair SB 1233, entitled: An Act amending the act of June 22, 1964 (Sp.Sess., P.L.84, No.6), entitled Eminent Domain Code, further providing for repurchase by condemnee. Which was committed to the Committee on STATE GOV ERNMENT, January 6, GENERAL COMMUNICATIONS LIST OF LOBBYISTS AND ORGANIZATIONS The PRESIDENI' laid before the Senate the following communication, THE GENERAL ASSEMBLY OF PENNSYLVANIA Main Capitol Building Harrisburg, Pennsylvania To the Honorable, the Senate of the Commonwealth of Pennsylvania To the Honorable, the House of Representatives of the Commonwealth of Pennsylvania January 2, 1998 In compliance with Act No. 712 of the 1961 Session and Act No. 212 of the 1976 Session of the General Assembly titled the "Lobbying Registration and Regulation Act," we herewith jointly present a list containing the names and addresses of the persons who have registered from December 1, 1997 through December 31, 1997 inclusive, for the 181st Session of the General Assembly. This list also contains the names and addresses of the organizations represented by these registrants. (See Appendix for complete list.) Respectfully submitted: MARK R. CORRIGAN Secretary Senate of Pennsylvania ledmazia Chief Clerk House of Representatives REPORT ON INTERMEDIATE UNITS IN PENNSYLVANIA The PRESIDENf laid before the Senate the following communication, General Assembly of the Commonwealth of Pennsylvania JOINT STATE GOVERNMENT COMMISSION Room Finance Building Harrisburg December 1997 TO THE MEMBERS OF THE GENERAL ASSEMBLY: The Joint State Government Commission is pleased to present this report on the manner in which the intermediate units currently assist the public schools and the ways by which the IUs can further help advance the principle of equity by the most cost-effective means for the schools of this Commonwealth. This report is the result of deliberations of a working group of legislators, educators and other interested public citizens, whose names are listed in the report. Let me hereby extend the thanks of the General Assembly for their valuable and thoughtful assistance. Respectfully submitted, ROGER A. MADIGAN Chairman The PRESIDENT. This report will be filed in the Library. ANNUAL REPORT ON THE STATE FOOD PURCHASE PROGRAM The PRESIDENf laid before the Senate the following communication, COMMONWEALTH OF PENNSYLVANIA Department of Agriculture Office of the Secretary 2301 North Cameron St. Harrisburg, PA Mark R. Corrigan Secretary of the Senate 462 Capitol Building Harrisburg, Pennsylvania Dear Mr. Corrigan: December 19, 1997 In accordance with Section 7(b) of the State Food Purchase Program Act (62 P.S. Section 4047(b», and its attendant regulations, I provide to your office a report summarizing the activity under the State Food Purchase Program for the year ended June 30, 1997.

5 1998 LEGISLATIVE JOURNAL - SENATE 1325 The program, which is administered by the Department's Bureau of Food Distribution, provides cash grants to each of the state's 67 counties for the purchase of food for distribution to needy individuals based on the county's weighted percentage of the state's total unemployment, Medical Assistance Eligibles, and Non-Public Assistance Food Stamp Eligibles. The report includes: -- Exhibit "A" Allocation and Expenditure of Funds -- Exhibit "B" Participation Report - Exhibit "C" Variety, Pounds and Cost of Food Purchased Also provided are the minutes of the March 12, 1997 and September 10, 1997 meetings of the Emergency Food Assistance Advisory Committee. If you have any questions or require additional infotmation, please do not hesitate to contact me. lt is hoped you enjoy a happy holiday season. With warm personal regards, I remain Sincerely, SAMUEL E. HAYES, JR. The PRESIDENT. This report will be filed in the Library. REPORT OF THE TREASURER OF TEMPLE UNIVERSITY The PRESIDENf laid before the Senate the following communication, The Honorable Mark R. Corrigan Senate SecretarylParliamentarian 462 Main Capitol Building Harrisburg, Pennsylvania Dear Senator Corrigan: TEMPLE UNIVERSTIY Office of Financial Affairs Philadelphia, Pennsylvania December 18, 1997 In compliance with Act 42A of July 6, 1996, I submit to you herewith the Report of the Treasurer of Temple University - Of The Commonwealth System of Higher Education for the fiscal year Sincerely, TIMOTHY C. O'ROURKE Associate Vice President and Controller The PRESIDENT. This report will be filed in the Library. ANNUAL REPORT ON THE LOW-INCOME HOME ENERGY ASSISTANCE PROGRAM The PRESIDENT laid before the Senate the following communication, COMMONWEALTII OF PENNSYLVANIA Department of Public Welfare P. o. Box 2675 Harrisburg, Pennsylvania Dear Member of the General Assembly: December 15, 1997 In accordance with The Enetgy Conservation and Assistance Act, 62 P.S , specifically, 62 P.S (c) (2) (ii), enclosed is the Annual Report on the Low-Income Home Energy Assistance Program for the period July 1, 1996 to June 30, If you have any questions about the report, please do not hesitate to call Ms. Anne Mentzer, Director, Office of Legislative Affairs, at Sincerely, FEA1HER O. HOUSTOUN Secretary The PRESIDENf. This report will be flied in the Library. DISCHARGE PETITION The PRESIDENT laid before the Senate the following communication, In the Senate, January 6, 1998 APEITTION To place before the Senate the nomination of C. Arthur Zug, as a member of the Animal Health and Diagnostic Commission. TO: The President Officer of the Senate: WE, The undersigned members of the Senate, pmsuant to section 8 (b) of Article IV of the Constitution of Pennsylvania, do hereby request that you place the nomination of C. Arthur Zug, as a member of the Animal Health and Diagnostic Commission, before the entire Senate body for a vote, the nomination not having been voted upon within 15 legislative days: Robert J. Mellow Michael A. O'Pake John N. Wozniak Richard A. Kasunic Jack Wagner The PRESIDENT. This communication will be laid on the table. CONGRATULATORY RESOLUTIONS The PRESIDENT laid before the Senate the following res0 lutions, which were read, considered and adopted: Congratulations of the Senate were extended to Ted Unangst, Carl L. Rehrig and to Junior Achievement of Lehigh Valley by Senator Afflerbach. Mrs. Robert Fellenbaum, Mr. and Mrs. Dale Johnson and to Mr. and Mrs. Walter Tymon by Senator Armstrong. Mrs. Wtlliam E. Donovan, Vergie Springer and to the Chester Wallingford Chapter of the American Red Cross by Senator Bell. Mrs. Herbert 1. Fisher, Lieutenant Colonel James C. Seitz III, Betty 1. Eieeman, Lynn Nelson, James A Adams and to Shirk Communications of Wyomissing by Senator Brightbill. Congratulations of the Senate were extended to the Honorable James L. Magill by Senator Conti. Congratulations of the Senate were extended to Cy K. Eminhizer, Jr., by Senator Corman.

6 1326 LEGISLATIVE JOURNAL - SENATE JANUARY 6, Congratulations of the Senate were extended to Gary L. Bukowski, Justin R. Fluegel, Matthew Miller, Bayfront NATO Inc., Martin Luther King Center, of Erie and to the East Bayfront Neighborhood Watch by Senator Earll. Congratulations of the Senate were extended to Bennett Levin by Senator Fumo. Congratulations of the Senate were extended to Richard P. Saylor, James F. Freed, Jr., Marie F. Kratzer and to Jennie Margaret Stortz by Senator Gerlach. Mrs. Orlando Morgnanesi, Joyce Valenza, Nancy McGinley, Tish Troshak, Abington Senior High School and Abington Junior High School and to the James A. Flaherty Council No. 3128, Knights of Columbus, of Glenside by Senator Greenleaf. Congratulations of the Senate extended to Mr. and Mrs. Michael Pysh, Mr. and Mrs. Leonard Gorsha, Mr. and Mrs. Daniel Carlock, Mr. and Mrs. Patsy Veltri and to Donald L. Wolfe by Senator Hart. Mrs. Herman Shirk, Mr. and Mrs. William C. Albertson, Sr., Mr. and Mrs. Albert L. Long, Mr. and Mrs. Alvin F. Milheim, Mr. and Mrs. George K. West, Mr. and Mrs. Francis Hoke, the Honorable Lawrence R Joyce and to Pearl Wolfgang Shively by Senator Helfrick. Congratulations of the Senate were extended to Christopher Charles Keller, Lee Emmett Macomber, Kyle A. Speck, Eric Francis Wert and to the Historical Society of Fort Washington by Senator Holl. Mrs. Paul S. Himes, Mr. and Mrs. Frederick Hicks, Mr. and Mrs. Graham Helsel, Mr. and Mrs. Blair Reffner, Mr. and Mrs. Paul O'Leary, Mr. and Mrs. Charles M. Brenneman, Mr. and Mrs. Jack Grundy, Mr. and Mrs. Austin Sherry, Mr. and Mrs. Gene Housel, Mr. and Mrs. Regis H. Lenhart, Mr. and Mrs. Vernon D. Mock, William J. Haberstroh and to Jack L. Rawlings by Senator Jubelirer. Congratulations of the Senate were extended to Margaret Miller, Nathan Eberly, Michael Anthony Napolillo, Marie Cecila Matchey and to Jay R. Lehman by Senator Kasunic. Congratulations of the Senate were extended to Reverend Dr. Steven Avinger, Sr., and to Reverend Isaac S. Sanders by Senator Kitchen. Congratulations of the Senate were extended to F. Robert Hauser and to the Penn-Trafford High School Football Team by Senator Kukovich. Mrs. Vincenzo Rigano by Senator LaValle. Mrs. Stanley Weaver, Mr. and Mrs. Lewis Evans, Mr. and Mrs. Albert Dirlam, Mr. and Mrs. Charles Weaver, Mr. and Mrs. Charles Redmond, Mr. and Mrs. George Pazel, Louis W. Berger, Edward 1. Bosso, Richard Dougal, L. Louise James, florence Brotzman, Helen K. Teeter and to Joachim Henkel by Senator Lemmond. Congratulations of the Senate were extended to Frank J. Nocito by Senators Lemmond and Musto. Congratulations of the Senate were extended to Vanleer I. Bond by Senator Loeper. Mrs. Roy Wood, Mr. and Mrs. Dorlan F. Burkholder, Mr. and Mrs. Gale Bausinger, Mr. and Mrs. Donald Foster, Mr. and Mrs. Norman Hatch, Henry 1. Hopper, Eric Redell, Wellsboro Area High School Girls' Cross Country Team and to the citizens of the Borough of Eagles Mere by Senator Madigan. Congratulations of the Senate were extended to the Central Dauphin High School Football Team by Senator Mellow. Congratulations of the Senate were extended to Stephen John Butzler, Dr. Leonard S. Fletcher, Bonnie L. Filyo, Michael Gordon McKinney, Mark Fico and to the South Park High School Football Team by Senator Murphy. Congratulations of the Senate were extended to Francis X. Matweecba, Gerianne Kauffman, Juliann Leskiw, Carissa Messimer and to Ashleigh Snelson by Senator Musto. Congratulations of the Senate were extended to WAZL Radio of Hazleton by Senators Musto and Rhoades. Congratulations of the Senate were extended to the RM. Palmer Company of Reading by Senator O'Pake. Congratulations of the Senate were extended to Dr. Leo Brown Herrmann by Senator Piccola. Congratulations of the Senate were extended to Leonard Washington, Jr., by Senators Piccola and Brightbill. Mrs. Frank Avolio, Mr. and Mrs. Albert J. Holzer, Mr. and Mrs. Ross Reber, Mr. and Mrs. Paul Wentz, Mr. and Mrs. Joseph Oncidi, Mr. and Mrs. Anthony Murray, Mr. and Mrs. Thomas Breslin, Samuel Geissinger, Claude Possinger and to Joseph M. zawisza by Senator Rhoades. Congratulations of the Senate were extended to Paul L. Archer, Frederick P. Demask, Reverend Barbara Joan Duhlstine, Samuel 1. Plummer, Charles Vtz, Matthew Ian Barbour, John Michael Bobach and to WMGW AM 1490 of Meadville by Senator Robbins. Mrs. James 1. Pirolli, florence D. Leonard and to Lower Moreland High School of Huntingdon Valley by Senator Salvatore. Congratulations of the Senate were extended to Reverend Isaac S. Sanders, Jeff Hill and to the Philadelphia Trolley Coalition by Senator Schwartz. Congratulations of the Senate were extended to Samuel Francis Bonavita, Joe Delaney, Evan James Peterson, Shawn M. Bailey, Nathan Thomas Fiala, Daniel Joseph Johnson and to Lindsay Rhodes by Senator Slocum. Mrs. Joseph Gigliotti, Mr. and Mrs. Clyde K. Dreher, Sr., Mr. and Mrs. John Hodak, Mr. and Mrs. Mike Lanfrankie, Lisa Smith and to the Freeport Area Senior High School by Senator Stapleton. Mrs. R. Henry Stitt, Mr. and Mrs. Paul A. Crayne, Mr. and Mrs. H. Lee Buell, Mr. and Mrs. Francis DeCooman, Rick D. Hamilton, Bobby R. Delaney, Bailey Mine Rescue Team and

7 1998 LEGISLATIVE JOURNAL - SENATE 1327 to the Washington and Jefferson College Women's Volleyball Team by Senator Stout. Mrs. Henry Hery, Julianne McCarthy, Alan F. Clark and to Linda Cummings by Senator Thompson. Congratulations of the Senate were extended to the Downingtown Senior High School Field Hockey Team by Senators Thompson and Gerlach. Congratulations of the Senate were extended to Willem Wolthuis by Senator Tilghman. Congratulations of the Senate were extended to Sister Louis Nestler, David R. Bruck, Thomas Underberg, Fred Ellinger, Michael Moretti, Adam Zwislewski, Richard Slack, Jason Feyh and to Christian Blanchard Moyer by Senator Tomlinson. Congratulations of the Senate were extended to the Honorable David W. Heckler by Senators Tomlinson and Conti. Congratulations of the Senate were extended to Michael Paul Kichline by Senator Uliana. Congratulations of the Senate were extended to Louis W. Rusiski, Jr., and to Rosemary Heflin by Senator Wagner. Congratulations of the Senate were extended to Frank C. Wise and to the Slippery Rock University Football Team by Senator White. Mrs. Edward Jordan, Mr. and Mrs. Philip Beckett, Reverend and Mrs. Merrell H. Kephart, Mr. and Mrs. William R. McGowen, Mr. and Mrs. Paul A. Peles, Mr. and Mrs. John Walkovich, Mr. and Mrs. Ernest G. Werner, Mr. and Mrs. Henry Dickert, Mr. and Mrs. Rudy Munko, Christopher W. Ostheim, Robert B. Dospoy, Robert E. Fisher, Jr., and to Mom's House, Inc., by Senator Wozniak. CONDOLENCE RESOLUTIONS The PRESIDENf 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 Philip I. Berman, to the wife of the late Harold E. Solt and to the wife of the late Alton W. Frey, Jr., by Senator Afflerbach. Condolences of the Senate were extended to the family of the late Arbelyn Elizabeth Wilder Sansone, to the family of the late George E. Gruber, to the family of the late Richard L. Miller, Sr., and to the family of the late Richard Watkins Davis by Senator Brightbill. Condolences of the Senate were extended to the family of the late Mary Lou Linder by Senator Greenleaf. SENATE RESOLUTION ADOPTED Senators HUGHES, KITCHEN, SALVATORE, MELLOW, O'PAKE, COSTA, PICCOLA, WAGNER, JUBELIRER, BODACI{, AFFLERBACH, WILLIAMS, SCHWARTZ, WOZ NIAK and STAPLElDN, by unanimous consent, offered Senate Resolution No. 110, entitled: A Resolution designating the week of January 11 through 17, 1998, as "Martin Luther King, Jr., Holiday Week." On the question, Will the Senate adopt the resolution? The PRESIDENf. The Chair recognizes the gentleman fiml Berks, Senator O'Pake. Senator O'PAKE. Mr. President, I offer a resolution regarding the Martin Luther King, Jr., holiday. I ask unanimous consent for its adoption and ask that if anyone else would like to cosponsor it, it will be with the Secretary for a few moments to gather additional sponsors. The PRESIDENT. Senator O'Pake offers a resolution and asks for unanimous consent for its immediate consideration. The Chair would also point out that Senator O'Pake is soliciting additional sponsors of the resolution. The Chair hears no objection to immediate consideration. The Chair recognizes the gentleman from Berks, Senator O'Pake. Senator O'PAKE. Mr. President, I would like my remarks to be clarified. The resolution's prime sponsor is Senator Hughes, who could not be on the floor, and I am offering it on his behalf. The PRESIDENT. Senator O'Pake has made it clear that Senator Hughes is the original sponsor. And the question recurring, Will the Senate adopt the resolution? A voice vote having been taken, the question was determined in the affumative. RECESS The PRESIDENf. The Chair recognizes the gentleman from Delaware, Senator Loeper. Senator LOEPER. Mr. President, rather than offering an adjournment resolution at this time, we are still awaiting the arrival of some executive nominations to come from the Governor's Office to be read across the desk of the Senate, and therefore, I request a recess of the Senate to the call of the President pro tempore. The PRESIDENf. The Senate stands in recess to the call of the President pro tempore. AFTER RECESS The PRESIDING OFFICER (Robert D. Robbim) in the Chair. The PRESIDING OFFICER. The time of recess having expired, the Senate will come to order. COMMUNICATIONS FROM THE GOVERNOR NOMINATIONS REFERRED TO COMMITTEE The PRESIDING OFFICER 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 Nomi-. nations:

8 1328 LEGISLATIVE JOURNAL - SENATE JANUARY 6, JUDGE, MUNICIPAL COURT To the Honorable, the Senate of the Commonwealth of Pennsylvania: January 6, 1998 In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Thomas F. Gehret, 2639 Bonnaffon Street, Philadelphia 19142, Philadelphia County, Eighth Senatorial District, for appointment as Judge of the Municipal Court of Philadelphia, to serve until the first Monday of January 2000, pursuant to Act 2, approved February 14, THOMAS J. RIDGE Governor JUDGE, MUNICIPAL COURT January 6, 1998 ADJOURNMENT Senator LOEPER. Mr. Presiden~ I move that the Senate do now adjourn until Tuesday, January 20, 1998, at 2 p.m., Eastern Standard Time. The motion was agreed to. The Senate adjomned at 3:22 p.m., Eastern Standard Tune. To the Honorable, the Senate of the Commonwealth of Pennsylvania: Inconformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, John 1. O'Grady, Jr., 813 North 64th Street, Philadelphia 19151, Philadelphia County, Seventh Senatorial District, for appointment as Judge of the Municipal Court, to serve until the first Monday of January 2000, pursuant to Act, approved February 14, THOMAS J. RIDGE Governor JUDGE, MUNICIPAL COURT To the Honorable, the Senate of the Commonwealth of Pennsylvania: January 6, 1998 In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Hany Schwartz, 461 Pinewood Road, Philadelphia 19116, Philadelphia County, Fifth Senatorial District, for appointment as Judge of the Municipal Court of Philadelphia, to serve until the first Monday of January 2000, pmsuant to Act 2, approved February 14, THOMAS J. RIDGE Governor DISTRICT JUSTICE To the Honorable, the Senate of the Commonwealth of Pennsylvania: January 6, 1998 In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Deborah M. Truscello, 830 West Springfield Road, Springfield 19064, Delaware County, Ninth Senatorial District, for appointment as District Justice, in and for the County of Delaware, Magisterial District , to serve until the first Monday of January 2000, vice Anthony Truscello, resigned. THOMAS J. RIDGE Governor