1fi.egislatifr.e IDllurnal

COMMONWEALTH OF PENNSYLVANIA 1fi.egislatifr.e IDllurnal MONDAY, APRIL 20,1998 SESSION OF 1998 182ND OF THE GENERAL ASSEMBLY No. 24 SENATE MONDAY, April 20, 1998 The Senate met at 2 p.m., Eastern Daylight Saving Time. The PRESIDENf pro tempore (Robert C. Jubelirer) in the Chair. PRAYER The Chaplain of the Senate, Hon. MaIk R. COlligan, offered the following prayer: Eternal and everliving God, our source of all love, strength, and mercy, pour down Your Holy Spirit of grace upon the Members and staff of this Senate of Pennsylvania. Bless us with the clear, open, and discerning minds to properly address the issues confronting us today. May what is decided and enacted be in accordance with Your will and a credit to Your kingdom in this world. Amen. JOURNAL APPROVED The PRESIDENT pro tempore. A quorum of the Senate being present, the Clerk will read the Journal of the preceding Session of March 31, 1998. The Clerk proceeded to read the Journal of the preceding Session, when, on motion of Senator LOEPER, further reading was dispensed with and the Journal was approved. COMMUNICATIONS FROM THE GOVERNOR APPROVAL OF SENATE Hll..L The PRESIDENT pro tempore laid before the Senate communication in writing from His Excellency, the of the Commonwealth, advising that the following Senate Bill had been approved and signed by the : SH 1204. NOMINATIONS REFERRED TO COl\.fMlTTEE The PRESIDENT pro tempore laid before the Senate the following communications in writing from His Excellency, the of the Commonwealth, which were read as follows and referred to the Committee on Rules and Executive Nominations: MEMBER OF THE STATE BOARD OF FUNERAL DIRECfORS April 1, 1998 the advice and consent of the Senate, Joseph A. FIuehr, m, 800 Newtown-Richboro Road, Richboro 18954, Bucks County, Tenth Senatorial District, for appointment as a member of the State Board of Funeral Directors, to serve for a term of five years and until his successor is appointed and qualified, but not longer than six months beyond that period, vice Neil W. Regan, Scranton, whose term expired. THOMAS J. RIOOE MEMBER OF THE STATE BOARD OF OPTOMElRY April 1, 1998 the advice and consent of the Senate, Ronald P. Bushick (Public Member), 509 Main Slreet, Ranshaw 17866, Northumberland County, Twenty-seventh Senatorial District, for appointment as a member of the State Board of Optometty, to serve until March 18, 2001 and until his successor is appointed and qualified, but not longer than six months beyond that period, vice Sylvester J. Schicatona, Coal Township, resigned. JUDGE, COURT OF COMMON PLEAS, ALLEGHENY COUN1Y April 2, 1998 the advice and consent of the Senate, Terrence F. McVeny, 46 Ordale Boulevard, Mount Lebanon 15228, Allegheny County, Thirty-seventh Senatorial District, for appointment as Judge of the Comt of Common Pleas of Allegheny County, to serve until the first Monday of Janumy 2000, vice The Honorable Joan Orie Melvin, resigned.

1778 LEGISLATIVE JOURNAL - SENATE APRIL 20, JUDGE, COURT OF COMMON PLEAS, ALLEGHENY COUNIY April 2, 1998 the advice and consent of the Senate, Eugene F. Scanlon, Jr., 901 Cumberland Road, Pittsbmgh 15237-5915, Allegheny County, Fortieth Senatorial District. for appointment as Judge of the Comt of Common Pleas of Allegheny County, to serve until the first Monday of Janumy 2000, vice The Honorable John L. Musmanno, elected to Superior Court. JUDGE, COURT OF COMMON PLEAS, LACKAWANNA COUNTY April 2, 1998 In confonnity with law, I have the honor hereby to nominate for the advice and consent of the Senate, TelTCnce R. Nealon, 821 Grandview Street, Scranton 18509, Lackawanna County, Twentysecond Senatorial District, for appointment as Judge of the Court of Common Pleas of Lackawanna County, to serve until the first Monday of January 2000, vice The Honorable Francis P. Eagen, m, lost retention election. JUDGE, COURT OF COMMON PLEAS, LUZERNE COUNIY April 2,. 1998 In confonnity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Thomas F. Burke, Jr., 910 Susquehanna Avenue, West Pittston 18643, Luzerne County, Fourteenth Senatorial District, for appointment as Judge of the Court of Common Pleas of Luzerne County, to serve until the first Monday of January 2000, vice The Honorable COlTCale F. Stevens, resigned. JUDGE, COURT OF COMMON PLEAS, SEVENTEENfH JUDICIAL DISTRICT April 2, 1998 In confonnity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Louise O. Knight, Esquire, R. D. #3, Box 316, Mifflinburg 17844, Union County, Twenty-third Senatorial District, for appointment as Judge of the Com of Common Pleas of the Seventeenth Judicial District, to serve until the first Monday of January 2000, vice The Honorable Wayne A. Bromfield, resigned. THOMAS 1. RIDGE DISTRICT JUSTICE April 3, 1998 In confonnity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Marlc Navarro, 4184 Kittatinny Drive, Mechanicsburg 17055, Cumberland County, Thirty-first Senatorial District, for appointment as District Justice, in and for the County of Cumberland, Magisterial District 9-03-01, to serve until the first Monday of January 2000, vice Donald W. Daihl, resigned. DISTRICT JUSTICE April 6, 1998 In confonnity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Valarie S. Costanzo, Esquire, 15 Wilson Avenue, Cecil 15321, Washington County, Forty-sixth Senatorial District, for appointment as District Justice, in and for the County of Washington, Magisterial District 27-03-06, to serve until the first Monday of January 2000, vice Paul Pozonsky, Esquire, resigned. DISTRICT JUSTICE April 7, 1998 In confonnity with law, I have the honor hereby to nominate for the advice and consent of the Senate, David P. Perkins, Esquire, 4 James Circle, Shippensburg 17257, Cumberland County, Thirty-first Senatorial District, for appointment as District Justice, in and for the County of Cumberland, Magisterial District 9-03-01, to serve until the first Monday of January 2000, vice Donald W. Daih!. resigned. MEMBER OF TIlE HEALTII POLICY BOARD April 14, 1998 In confonnity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Thomas Coyne, 10 Valley Road, Indiana 15701, Indiana County, Forty-first Senatorial District, for appointment as a member of the Health Policy BoaId, to serve for

1998 LEGISLATIVE JOURNAL - SENATE 1779 a term of three years and until his successor is appointed and qualified, vice Carmen M. Wey, Lewisburg, whose term expired. MEMBER OF TIIE STATE BOARD OF OCCUPATIONAL TIlERAPY EDUCATION AND LICENSURE April 14, 1998 the advice and consent of the Senate, Gale W. DuPont, 1901 Esther Drive, Carlisle 17013, Cumberland County, Thirty-first Senatorial District, for appointment as a member of the State Board of Occupational Therapy Education and Licensure, to serve for a term of three years and until her successor is appointed and qualified, vice Glenda J. Dougherty, Lititz, whose term expired, MEMBER OF TIIE STATE BOARD OF OCCUPATIONAL TIlERAPY EDUCATION AND LICENSURE April 14, 1998 the advice and consent of the Senate, Melanie A. Wennick, 6507 Chambersburg Road, Fayetteville 17222, Adams County, Thirty-third Senatorial District, for appointment as a member of the State Board of Occupational Therapy Education and Licensure, to serve for a tenn of three years and until her successor is appointed and qualified, vice Rebecca A. Austill-Clausen, Glenmoore, whose term expired, MEMBER OF TIIE BOARD OF lrustees OF WESTERN CENTER April 14, 1998 the advice and consent of the Senate, Mark Navarro, 4184 Kittatinny Drive, Mechanicsburg 17055, Cumberland County, Thirty-first Senatorial District, for appointment as a member of the Board of Trustees of Western Center, to serve until the third Tuesday of January 2001, and until his successor is appointed and qualified, vice I. Marie Bahn, Indiana, resigned. MEMBER OF TIIE STATE BOARD OF EXAMINERS OF NURSING HOME ADMINISlRATORS April 16, 1998 the advice and consent of the Senate, Donna Kriner, 6320 Darlington Drive, Harrisburg 17112, Dauphin County, Fifteenth Senatorial District, for appointment as a member of the State Board of Examiners of Nursing Home Administrators, to serve until November 21, 1999 or until her successor is appointed and qualified, but not longer than six months beyond that period, vice Jesse C. Achenbach, resigned. MEMBER OF TIIE BOARD OF lrustees OF SOUIll MOUNTAIN RESTORATION CENTER April 16, 1998 the advice and consent of the Senate, Paula Vitz, 265 Brookview Drive, Red Lion 17356, York County, Twenty~ighth Senatorial District, for appointment as a member of the Board of Trustees of South Mountain Restoration Center, to serve until the third Tuesday of January 2003, and until her successor is appointed and qualified, vice Mildred Benner, deceased. RECALL COMMUNICATION REFERRED TO COMMITTEE The PRESIDENT pro tempore laid before the Senate the following communication in writing from His Excellency, the of the Commonwealth, which was read as follows and referred to the Committee on Rules and Executive Nominations: DIS1RICT JUSTICE April 7, 1998 In accordance with the power and authority vested in me as of the Commonwealth. I do hereby recall my nomination dated April 3, 1998 for the appointment of Mark Navarro, 4184 Kittatinny Drive, Mechanicsburg 17055, Cumberland County, Thirty-first Senatorial District, as District Justice, in and for the County of Cumberland, Magisterial District 9-03-01, to serve until the first Monday of January 2000, vice Donald W. Daihl, resigned. I respectfully request the return to me of the official message of nomination on the premises. RECALL COMMUNICATIONS LAID ON THE TABLE The PRESIDENT pro tempore laid before the Senate the following communications in writing from His Excellency, the of the Commonwealth, which were read as follows and laid on the table:

1780 LEGISLATIVE JOURNAL - SENATE APRIL 20, MEMBER OF TIm INDUSTRIAL BOARD April 16, 1998 In accordance with the power and authority vested in me as of the Commonwealth, I do hereby recall my nomination dated January 8, 1998 for the appointment of Mark Navarro, 4184 Kittatinny Drive, Mechanicsburg 17055, Cumberland County, Thirty-first Senatorial District, as a member of the Industrial Board, to serve until the third Tuesday of January 1999, and until his successor is appointed and qualified, vice Robert T. Heenan, Feasterville, resigned. I respectfully request the return to me of the official message of nomination on the premises. MEMBER OF TIm PalTER COUNlY BOARD OF ASSISTANCE April 16, 1998 In accordance with the power and authority vested in me as of the Commonwealth, I do hereby recall my nomination dated Janwuy 14, 1998 for the reappointment of Rev. Raymond D. Forsythe (Republican), 608 South East Street, Coudersport 16915, Potter County, 1\venty-fifth Senatorial District, as a member of the Potter County Boud of Assistance, to serve until December 31, 2000, and until his successor is appointed and qualified. I respectfully request the return to me of the official message of nomination on the premises. HOUSE MESSAGES SENATE BH..LS RETURNEDwrru AMENDMENTS The Clerk of the House of Representatives returned to the Senate SB 543 and 926, with the information the House has passed the same with amendments in which the concurrence of the Senate is requested. The PRESIDENf pro tempore. Pursuant to Senate Rule ~ section 5, these bills will be referred to the Committee on Rules and Executive Nominations. HOUSE BH..LS FOR CONCURRENCE The Oerk of the House of Representatives presented to the Senate the following bills for concurrence, which were referred to the committees indicated: April 2. 1998 lib 9 -- Committee on Agriculture and Rural Mfairs. lib 1597 -- Committee on Public Health and Welfare. lib 1979 -- Committee on Judiciary. lib 2134, 2136, 2138, 2207, 2209 and 2210 -- Committee on Local Government. lib 2261 -- Committee on State Government. April 9. 1998 lib 2225 -- Committee on Judiciary. lib 2226 -- Committee on Local Government. April 20. 1998 lib 2224 -- Committee on Local Government. BILLS INTRODUCED AND REFERRED The PRESIDENf pro tempore laid before the Senate the following Senate Bills numbered, entitled, and referred as follows, which were read by the Clerk.: April 2. 1998 Senators MELLOW, BODACK, MUSTO, FUMO, HELFRICK, BELAN, COSTA, WAGNER, WllliAMS, SCHWARTZ, KUKOVICH, HUGHES and KITCHEN presented to the Chair SB 1398, entitled: An Act amending TItle 75 (Vehicles) of the Pennsylvania Consolidated Statutes, requiring seat belts on school buses. Which was committed to the Committee on TRANSPOR TATION, April 2, 1998. Senators PICCOLA, CONTI, AFFLERBACH, BRIGHfBILL, BElL, O'PAKE, WlDTE, WOZNIAK, HAlU, MElLOW, SLOCUM, SALVATORE, KUKOVICH and EARLL presented to the Chair SB 1399, entitled: An Act establishing the Consolidation Committee. Which was committed to the Committee on RULES AND EXECUTIVE NOMINATIONS, April 2, 1998. Senators WAGNER, KUKOVICH, LAVAlLE, BELAN, WILLIAMS, COSTA, O'PAKE, TARTAGLIONE, FUMO, AFFLERBACH, STOUT, MElLOW, STAPLETON, BELL, KASUNIC and BODACK presented to the Chair SB 1400, entitled: An Act amending the act of August 26, 1971 (p.l.351, No. 91), entitled State Lottery Law, amending certain definitions and deleting provisions relating to PACENET. Which was committed to the Committee on AGING AND YOUTH, April 2, 1998. Senators WAGNER, FUMO, WILLIAMS, LAVALLE, MUSTO, STAPLETON, STOUT, HELFRICK, BODACK, COSTA, O'PAKE, KUKOVICH, BELAN, AFFLERBACH, KITCHEN, HUGHES, WOZNIAK, TARTAGLIONE, ROB BINS, SCHWAR1Z, KASUNIC, EARLL and RHOADES presented to the Chair SB 1401, entitled: An Act amending the act of June 13, 1967 (p.l.31, No.21), entitled Public Welfare Code, further providing for eligibility for assistance. Which was committed to the Committee on PUBLIC HEALTH AND WELFARE, April 2, 1998. Senators O'PAKE, EARLL and SLOCUM presented to the Chair SB 1402, entitled:

1998 LEGISLATIVE JOURNAL - SENATE 1781 A Joint Resolution proposing an amendment to the Constitution of the Commonwealth of Pennsylvania, providing for the removal by referendum of elected municipal officers in home rule charter municipalities where the charter authorizes such removal. Which was committed to the Committee on STAlE GOV ERNMENT, April 2, 1998. Senators BODACK, Wll.LIAMS, AFFLERBACH, BELAN, MELLOW, SCHWARTZ, HELfRICK, BEIL, HUGHES and COSTA presented to the Chair SB 1403, entitled: An Act amending TItle 75 (Vehicles) of the Pennsylvania Consolidated Statutes, further providing for driving under the influence. Which was committed to the Committee on JUDICIARY, April 2, 1998. Senators BODACK, Wll.LIAMS, AFfLERBACH, BELAN, MELLOW, HELFRICK, HUGHES and COSTA presented to the Chair SB 1404, entitled: An Act amending TItle 75 (Vehicles) of the Pennsylvania Consolidated Statutes, further providing for revocation of license, for probationary license and for driving under influence of alcohol or controlled substance. Which was committed to the Committee on JUDICIARY, April 2, 1998. Senators BODACK, WIlLIAMS, BELAN, MELLOW, HELFRICK, HUGHES and COSTA presented to the Chair SB 1405, entitled: An Act amending TItle 75 (Vehicles) of the Pennsylvania Consolidated Statutes, providing for forfeiture of vehicles of habitual offenders. Which was committed to the Committee on JUDICIARY, April 2, 1998. Senators KUKOVICH, MELLOW, PUMO, O'PAKE, STAPLETON, KITCHEN, AFFLERBACH, BELAN, COSTA, WIlLIAMS, STOUf and KASUNIC presented to the Chair SB 1406, entitled: ' An Act amending TItle 66 (Public Utilities) of the Pennsylvania Consolidated Statutes, further providing for the qualification of commissioners. Which was committed to the Committee on CONSUMER PRarECTION AND PROFESSIONAL LICENSURE, April 2, 1998. Senators SCHWARTZ, BODACK, COSTA, BELAN and TOMLINSON presented to the Chair SB 1407, entitled: An Act amending TItle 66 (Public Utilities) of the Pennsylvania Consolidated Statutes, further providing for declaration of policy, for definitions and for duties of electric distribution companies. Which was committed to the Committee on CONSUMER PRaIECTION AND PROFESSIONAL LICENSURE, April 2, 1998. Senators SCHWARTZ, COSTA and BELAN presented to the Chair SB 1408, entitled: An Act amending TItle 66 (Public Utilities) of the Pennsylvania Consolidated Statutes, further providing for definitions; and providing for duties for electric generation suppliers serving default customers. Which was committed to the Committee on CONSUMER PRaIECTION AND PROFESSIONAL LICENSURE, April 2, 1998. Senators SCHWARTZ, AFFLERBACH, HELFRICK, O'PAKE, BELAN, STOUf, COSTA, STAPLETON, MEL LOW, TARTAGLIONE, MUSTO and RHOADES presented to the Chair SB 1409, entitled: An Act amending the act of June 29, 1996 (p.l.434, No.67), entitled Job Enhancement Act, extending the Small Business First Program to child day-care centers. Which was committed to the Committee on COMMUNITY AND ECONOMIC DEVELOPMENT, April 2, 1998. Senators EARLL, ROBBINS, CORMAN, WHITE, LAVALLE, COSTA, PUNT, HART, SLOCUM, KUKOVICH, HELFRICK, BELAN, MADIGAN, WENGER, STAPLETON, STOUT, BRIGHTBIlL and WOZNIAK presented to the Chair SB 1410, entitled: An Act amending TItle 75 (Vehicles) of the Pennsylvania Consolidated Statutes, further providing for pennit for movement during course of manufacture. Which was committed to the Committee on 1RANSPOR TATION, April 2, 1998. April 6. 1998 Senators BELAN, COSTA, BEIL, KASUNIC, AF FLERBACH, BODACK, SLOCUM, MELLOW and TAR TAGLIONE presented to the Chair SB 1411, entitled: An Act amending TItle 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, providing for drug-free public housing zones. Which was committed to the Committee on JUDICIARY, April 6, 1998. Senators O'PAKE, AFFLERBACH, TARTAGUONE, LEMMOND, STAPLETON, COSTA, HUGHES, MUSTO, MELLOW, BELAN, KITCHEN, BELL, GERLACH, SCHWAR1Z, TIIOMPSON and RHOADES presented to the Chair SB 1412, entitled: An Act requiring health insurance companies to make timely payment of claims; and imposing a penalty. Which was committed to the Committee on BANKING AND INSURANCE, April 6, 1998. Senators AFfLERBACH and SCHWARfZ presented to the Chair SB 1413, entitled: A Joint Resolution proposing an amendment to the Constitution of the Commonwealth of Pennsylvania, further providing for qualifications of justices, judges and justices of the peace. Which was committed to the Committee on JUDICIARY, April 6, 1998. Senators FUMO, COSTA, AFFLERBACH, BELL, HUGHES, MUSTO, MElLOW, BELAN and GREENLEAF presented to the Chair SB 1414, entitled:

1782 LEGISLATIVE JOURNAL - SENATE APRIL 20, An Act amending TItle 75 (Vehicles) of the Pennsylvania Consolidated Statutes, providing special registration plates for U.S.S. Olympiad. Which was committed to the Committee on 1RANSPOR TATION, April 6, 1998. April 9, 1998 Senators CORMAN, srouf and rubelirer presented to the Chair SB 1415, entitled: An Act amending TItle 75 (Vehicles) of the Pennsylvania Consolidated Statutes, further providing for maximum axle weight of vehicles. Which was committed to the Committee on 1RANSPOR TATION, April 9, 1998. Senators MOWERY, SLOCUM, THOMPSON and ARMSTRONG presented to the Chair SB 1416, entitled: An Act amending the act of June 24, 1968 (p.l.237, No.ll1), entitled Policemen and Firemen Collective Bargaining Act, further providing compensation of arbitrators. Which was committed to the Committee on LABOR AND INDUSTRY, April 9, 1998. Senators RHOADES, SLOCUM, JUBELIRER, BRIGIITBILL, BELAN, WAGNER, CONTI, ROBBINS, BODACK, KUKOVICH, COSTA, TARTAGLIONE, MUSTO, MELLOW, AFFLERBACH, TOMLINSON and KASUNIC presented to the Chair SB 1417, entitled: An Act amending TItle 24 (Education) of the Pennsylvania Consolidated Statutes, authorizing a member, whose account contains an eltor which is discovered after the member has filed an application for retirement, to purchase additional service credit if certain conditions are mel Which was committed to the Committee on FINANCE, April 9, 1998. April 20, 1998 Senator STOUT presented to the Chair SB 1418, entitled: An Act requiring public hearings before closing State mental facilities. Which was committed to the Committee on STATE GOV ERNMENT, April 20, 1998. Senators GREENLEAF, MOWERY, BRIGHTBILL TIIOMPSON and HART presented to the Chair SB 1419, entitled: An Act amending the act of April 9, 1929 (P.L.177, No.175), entitled The Adminis1rative Code of 1929, authorizing the Deparbnent of Labor and Industry to contract for collection services. Which was committed to the Committee on LABOR AND INDUSTRY, April 20, 1998. Senators CONTI, GERLACH, WENGER, LEMMOND, O'PAKE, AFFLERBACH, KASUNIC and ROBBINS presented to the Chair SB 1421, entitled: An Act amending the act of March 4, 1971 (p.l.6, No.2), entitled Tax Reform Code of 1971, further providing for the disposition of cigarette tax revenues. Which was committed to the Committee on FINANCE, April 20, 1998. Senators RHOADES, SALVATORE, TOMLINSON, O'PAKE, BODACK, STOUT, PUNf, LAVALLE, WHITE, LOEPER, EARLL, TIIOMPSON and SLOCUM presented to the Chair SB 1422, entitled: An Act amending the act of March la, 1949 (p.l.30, No.14), entitled Public School Code of 1949, further providing for auxiliary services to students. Which was committed to the Committee on EDUCATION, April 20, 1998. Senators MADIGAN, WENGER and STAPLETON presented to the Chair SB 1423, entitled: An Act amending the act of December 12, 1994 (p.l.900, No.130), entitled Agriculture-Linked Investment Program Act, further providing for legislative intent, for definitions, for the nature and implementation of the program and for liability. Which was committed to the Committee on AGRICUL TURE AND RURAL AFFAIRS, April 20, 1998. RESOLUTIONS INTRODUCED AND REFERRED The PRESIDENT pro tempore laid before the Senate the following Senate Resolutions numbered, entitled, and referred as follows, which were read by the Clerk: April 6. 1998 Senators CONTI, ROBBINS, SCHWARTZ, RHOADES, EARLL, O'PAKE, KUKOVICH, PUMO, HELFRICK, AF FLERBACH, CORMAN, COSTA, STAPLETON, BELAN, WAGNER, TIIOMPSON, BRIGHTBILL, WHITE, STOUT, ARMSTRONG, HOLL, SALVATORE, WENGER, TOMLIN SON, MADIGAN, HUGHES, BODACK, LOEPER, KITCHEN, HART, GERLACH, MELLOW, LEMMOND, GREENLEAF and SLOCUM presented to the Chair SR 168, entitled: A Resolution designating the week of April 18 through 24, 1998, as "Big Brothers and Big Sisters Week" in Pennsylvania. Which was committed to the Committee on RULES AND EXEClJITVE NOMINATIONS, April 6, 1998. April 20, 1998 Senator MOWERY presented to the Chair SR 169, entitled: A Resolution designating the week of April 19 through 25, 1998, as "Organ Donor Awareness Week" in Pennsylvania. Which was committed to the Committee on RULES AND EXECUfIVE NOMINATIONS, April 20, 1998. Senators RHOADES, ROBBINS, SCHWARlZ, CONTI, O'PAKE, FUMO, LAVALLE, HELFRICK, STAPLETON, AFFLERBACH, BELAN, WAGNER, TIIOMPSON, COSTA, CORMAN, BELL, BRIGHTBILL, WHITE, STOUT, ARMSTRONG, EARLL, HOLL, WENGER, TOMLINSON, SALVATORE, MADIGAN, JUBELIRER, HUGHES, TILGHMAN, BODACK, LOEPER, KITCHEN, HART, GER LACH, GREENLEAF, MELLOW, LEMMOND, KASUNIC,

1998 LEGISLATIVE JOURNAL - SENATE 1783 KUKOVICH and MURPHY presented to the Chair SR 171, entitled: A Resolution designating the week of April 19 through 25, 1998, as "Pennsylvania Library Week." Which was committed to the Committee on RULES AND EXECUTIVE NOMINATIONS, April 20, 1998. Senators WENGER, STAPLETON, MADIGAN, ROBBINS, HELFRICK, AFFLERBACH, EARLL, THOMPSON, BELAN, BRIGHTBIlL, WAGNER, MOWERY, STOUT, CORMAN, TOMLINSON, SLOCUM, WHITE, O'PAKE, COSTA, MUR PHY, KASUNIC, GREENLEAF, GERLACH, RHOADES, SCHWARlZ, MELLOW and LEMMOND presented to the Chair SR 172, entitled: A Resolution declaring the week of April 19 through 25, 1998, as "Pennsylvania Grange Week" and congratulating the Grange for its contribution to Pennsylvania's agricultural and rural communities. Which was committed to the Committee on RULES AND EXECUTIVE NOMINATIONS, April 20, 1998. GENERAL COMMUNICATIONS LIST OF LOBBYISTS AND ORGANIZATIONS The PRESIDENT pro tempore laid before the Senate the following communication, which was read by the Clerlc as follows: TIlE GENERAL ASSEMBLY OF PENNSYLVANIA Main Capitol Building Harrisbwg, Pennsylvania 17120 To the Honorable, the Senate of the Commonwealth of Pennsylvania To the Honorable, the House of Representatives of the Commonwealth of Pennsylvania April I, 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 March I, 1998 through March 31, 1998 inclusive, for the 182nd 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 TEDMAZIA Chief Clerk House of Representatives SUMMARY OF THE HUMAN SERVICES DEVELOPMENT FUND The PRESIDENT pro tempore laid before the Senate the following communication, which was read by the Clerlc as follows: COMMONWEALTIl OF PENNSYLVANIA Department of Public Welfare P.O. Box 2675 Harrisburg, Pennsylvania 17105-2675 Mr. Mark R. Conigan Secretary of the Senate Harrisbwg, Pennsylvania 17120 Dear Mr. Conigan: March 31, 1998 I am pleased to provide the thijd annual SUDUIla1Y of the Human Services Development Fund (HSDF), pmsuant to Section 5, Pcuagraph (8) of Act 1994-78, the HSDF Act This SUIIlIIl8IY covers the FIscal Year ending June 30, 1997. As required by the Act, the Summary contains information regarding the expentliture of HSDF 1IIOMYs, how they WeN used, and the categories and IUIIIIbers ofclimta served. The SUDUIla1Y bas been compiled from information contained in HSDF Expenditure Reports submitted to the Department by Pennsylvania's 67 counties. One of the primary strengths of Pennsylvania's county-operated human services system is its vast netwojk of community-based service provider agencies. The Summary underscores the important role played by the HSDF in accessing this networlt to meet local needs in both urban and rural counties alike. Questions regarding either the SUIIlIIl8IY or the HSDF should be directed to Mr. Robert Clapp, HSDF Program Manager, at telephone number (717) 772-7763. Sincerely, FEATHER o. HOUSTOUN Secretary The PRESIDENT pro tempore. This report will be ftled in the Library. JOINT MEMORIAL No. 106 OF TIlE IDAHO STATE SENATE The PRESIDENT pro tempore laid before the Senate the following communication, which was read by the Clerlc as follows: Mark S. Schweiker President of the Senate Pennsylvania State Legislature Hamsbwg, PA 17120 Dear Mr. Schweiker: IDAHO STATE SENATE Office of the Secretary State Capitol Building P.O. Box 83720 Boise, Idaho 83720-0081 March 27, 1998 I have the honor of transmitting Senate Joint Memorial No. 106, which passed the Idaho State Senate and the Idaho State House of Representatives during the Second Regular Session of the Ftfty-fom1h Legislature. Respectfully yours, JEANNINE WOOD Secretary of the Senate

1784 LEGISLATIVE JOURNAL - SENATE APRIL 20, LEGISLATIJRE OF TIlE STATE OF IDAHO Fifty-Fourth Legislature Second Regular Session - 1998 IN me SENATE SENATE JOINT MEMORIAL NO. 106 BY STATE AFFAIRS COMMITTEE A JOINT MEMORIAL 10 DIE SENAlE AND HOUSE OF REPRESENTAllVES OF DIE UNITED STATES IN CONGRESS ASSEMBLED, AND TO THE CONGRESSIONAL DELEGATION REPRESENTING THE STATE OF IDAHO IN TIlE CONGRESS OF THE UNIT ED STATES. We, your Memorialists, the Senate and the House of Representatives of the State of Idaho assembled in the Second Regular Session of the Fifty-fourth Idaho Legislature, do hereby respectfully represent that WHEREAS, the vast majority of the individual states of the United States have constitutional provisions which require legislative bills to consist of a single subject; and WHEREAS, this provision has proven to be a vital safeguard of citizens' rights and citizens' awareness of pending legislation; and WHEREAS, what has proven to be so successful with the vast majority of our states, the bulwark of republican government, should work equally well for the national government NOW, nierefore, BE IT RESOLVED by the members of the Second Regular Session of the Fifty-fourth Idaho Legislature, the Senate and the House of Representatives concuning therein, that we urgently request the Congress of the United States to immediately prepare a proposed constitutional amendment to the Constitution of the United States to limit congressional bills to a single subject, except for recodification measures, and to submit such proposed amendment to the several states for ratification. BE IT FURTIlER RESOLVED that the Secretary of the Senate be, and she is hereby authorized and directed to forward a copy of this Memorial to the President of the Senate and the Speaker of the House of Representatives of Congress, to the congressional delegation representing the State of Idaho in the Congress of the United States, and to the presiding officers of each House of each state of these United States. APPOINTMENT BY MINORITY LEADER The PRESIDENT pro tempore. The Chair wishes to announce the Minority Leader has made the following appointment: Mr. Howard J. Wein, Esquire, to serve on the Environmental Hearing Board Rules Committee. SPECIAL ORDER OF BUSINESS ANNOUNCEMENT BY THE SECRETARY The SECRETARY. Consent has been given for the Committee on Education to meet during today's Session in the Rules room to consider House Bill No. 601. REPORTS FROM COMMITTEES Senator TILGHMAN, from the Committee on Appropriations, reported the following bills: SB 1384 (Pr. No. 1821) (Rereported) An Act providing for the creation of keystone opportunity zones to foster economic opportunities in this Commonwealth, to facilitate economic development, stimulate industrial, commercial and residential improvements and prevent physical and infrastructure deterioration of geographic areas within this Commonwealth; authorizing expenditures; providing tax exemptions, tax deductions, tax abatements and tax credits; creating additional obligations of the Commonwealth and local governmental units; prescribing powers and duties of certain State and local departments, agencies and officials; and making appropriations. lib 2358 (Pr. No. 3081) (Rereported) A Supplement to the act of April 1, 1863 (p.l.213, No.227), entitled "An act to accept the grant of Public Lands, by the United States, to the several states, for the endowment of Agricultural Colleges," making appropriations for carrying the same into effect; and providing for a basis for payments of such appropriations. for a method of accounting for the funds appropriated and for certain fiscal infonnation disclosure. lib 2359 (Pr' No. 3394) (Amended) (Rereported) A Supplement to the act of July 28. 1966 (3rd Sp.Sess. P.L.87, No.3), known as the University of Pittsburgh-Commonwealth Act, making appropriations for carrying the same into effect; providing for a basis for payments of such appropriations; and providing a method of accounting for the funds appropriated and for certain fiscal information disclosure. lib 2360 (Pr. No. 3083) (Rereported) A Supplement to the act of November 30. 1965 (p.l.843, No.355), entitled "An act providing for the establishment and operation of Temple University as an instrumentality of the Commonwealth to serve as a State-related university in the higher education system of the Commonwealth; providing for change of name; providing for the composition of the board of trustees; tenns of trustees, and the power and duties of such trustees; providing for preference to Pennsylvania residents in tuition; providing for public support and capital improvements; authorizing appropriations in amounts to be fixed annually by the General Assembly; providing for the auditing of accounts of expenditures from said appropriations; authorizing the issuance of bonds exempt from taxation within the Commonwealth; requiring the President to make an annual report of the operations of Temple University," making appropriations for carrying the same into effect; providing for a basis for payments of such appropriations; and providing a method of accounting for the funds appropriated and for certain fiscal infonnation disclosure. lib 2361 (Pr. No. 3084) (Rereported) A Supplement to the act of July 7, 1972 (P.L.743. No.176). known as the Lincoln University-Commonwealth Act, making appropriations for carrying the same into effect; providing for a basis for payments of such appropriations; and providing a method of accounting for the funds appropriated and for certain fiscal infonnation disclosure. lib 2366 (Pr. No. 3089) (Rereported) An Act making an appropriation to the Bum Foundation, Philadelphia. lib 2367 (Pr. No. 3090) (Rereported) An Act making an appropriation to the Trustees of the University of Pennsylvania for cardiovascular studies. lib 2368 (Pr. No. 3091) (Rereported) An Act making an appropriation to the Central Penn Oncology Group.

1998 LEGISLATIVE JOURNAL - SENATE 1785 lib 2369 (Pr. No. 3092) (Rereporred) An Act making an appropriation to the Fox Chase Institute for Cancer Research, Philadelphia, for the operation and maintenance of the cancer research program. lib 2370 (Pr. No. 3093) (Rereported) An Act making an appropriation to the Lancaster Cleft Palate. lib 2371 (Pr. No. 3094) (Rereported) An Act making an appropriation to the Pittsburgh Cleft Palate. lib 2372 (Pr. No. 3095) (Rereported) An Act making an appropriation to The Children's Institute, Pittsburgh. lib 2373 (Pr. No. 3096) (Rereported) An Act making appropriations to St Christopher's Hospital, Philadelphia. lib 2374 (Pr. No. 3097) (Rereported) An Act making an appropriation to St. Francis Hospital, Pittsburgh. lib 2375 (Pr. No. 3098) (Rereported) An Act making an appropriation to the Trustees of Jefferson Medical College and Hospital of Philadelphia for a comprehensive program relating to Tay-Sachs disease. lib 2376 (Pr. No. 3099) (Rereported) An Act making appropriations to the Wistar Institute-Research, Philadelphia. lib 2381 (Pr. No. 3104) (Rereported) An Act making an appropriation to the Pennsylvania College of Podiatric Medicine, Philadelphia. Senator LOEPER, from the Committee on Rules and Executive Nominations, reported the following bill: lib 1347 (Pr. No. 3307) (Rereported) (Concurrence) An Act amending the act of December 10, 1968 (P.L.1158, No.365), entitled "An act creating and establishing the Legislative Data Processing Committee: providing for its membership; prescribing its powers, functions and duties; and making an appropriation," further providing for committee membership and for meetings; and providing for access to computer infonnation systems by persons outside the General Assembly. RESOLUTIONS REPORTED FROM COMMITTEE Senator LOEPER, from the Committee on Rules and Executive Nominations, reported the following resolutions: SR 157 (Pr. No. 1830) A Resolution designating the week of May 3 through 9, 1998, as "Stroke Awareness Week" in Pennsylvania. SR 168 (Pr. No. 1881) A Resolution designating the week of April 18 through 24, 1998, as "Big Brothers and Big Sisters Week" in Pennsylvania. SR 169 (Pr. No. 1886) A Resolution designating the week of April 19 through 25, 1998, as "Organ Donor Awareness Week" in Pennsylvania. SR 171 (Pr. No. 1887) A Resolution designating the week of April 19 through 25, 1998, as "Pennsylvania Library Week." SR 172 (Pr. No. 1888) A Resolution declaring the week of Apri119 through 25, 1998, as "Pennsylvania Grange Week" and congratulating the Grange for its contribution to Pennsylvania's agricultural and rural communities. The PRESIDENT pro tempore. The resolutions will be placed on the Calendar. SENATE CONCURRENT RESOLUTION WEEKLY ADJOURNMENT Senator LOEPER offered the following resolution, which was read, considered and adopted: In the Senate, April 20, 1998 RESOLVED, (the House of Representatives concurring), That when the Senate adjourns this week it reconvene on Monday, April 27, 1998, unless sooner recalled by the President Pro Tempore of the Senate; and be it further RESOLVED, That when the House of Representatives adjourns this week it reconvene on Monday, Apri127, 1998, unless sooner recalled by the Speaker of the House of Representatives. Ordered, That the Secretary of the Senate present the same to the House of Representatives for concurrence. LEGISLATIVE LEAVES The PRESIDENT pro tempore. The Chair recognizes the gentleman from Delaware, Senator Loeper. Senator LOEPER. Mr. President, I request a legislative leave on behalf of Senator Lemmond. The PRESIDENT pro tempore. Senator Loeper requests a legislative leave for Senator Lemmond. Without objection, that leave is granted. The Chair recognizes the gentleman from Lackawanna, Senator Mellow. Senator MELLOW. Mr. President, I request legislative leaves for Senator Hughes, Senator Stapleton, and Senator Williams. The PRESIDENT pro tempore. Senator Mellow requests legislative leaves for today's Session for Senator Hughes, Senator Stapleton, and Senator Wllliams. Without objection, those leaves will be granted.

1786 LEGISLATIVE JOURNAL - SENATE APRIL 20, LEAVE OF ABSENCE Senator WEPER asked and obtained leave of absence for Senator HELFRICK, for today's Session, for personal reasons. CALENDAR SENA1E RESOLUTION No. 155, ADOPTED Senator LOEPER, without objection, called up from page 6 of the Calendar, SeDate Resolution No. 155, entitled: A Resolution recognizing and congratulating Vietnam Veterans of America, Inc., on the celebration of its 20th anniversary. On the question, Will the Senate adopt the resolution? The yeas and nays were required by Senator LOEPER and were as follows, viz: YEA-49 Aftlerbach Greenleaf Mowery Tartaglione Armstrong Hart Murphy Thompson Belan Holl Musto Tilghman Bell Hughes O'Pake Tomlinson Bodack Jubelirer Piccola Uliana Brightbill Kasunic Punt Wagner Conti Kitchen Rhoades Wenger Corman Kukovich Robbins White Costa LaValle Salvatore Williams Delp Lemmond Schwartz Wozniak Earll Loeper Slocum Pumo Madigan Stapleton Gerlach Mellow Stout NAY-O A majority of the Senators having voted "aye," the question was determined in the afftrmative. ANNOUNCEMENT BY THE CHAIR The PRESIDENf pro tempore. Although he is far from a guest in the Senate, I think it would be appropriate for the Senate of Pennsylvania to welcome back the dean of the Senate, the Honorable Clarence Bell. Welcome back, Senator. (Applause.) The PRESIDENf pro tempore. At an appropriate time, I might say. SPECIAL ORDER OF BUSINESS GUESTS OF SENATOR DANIEL S. DELP PRESENTED TO THE SENATE The PRESIDENT pro tempore. The Chair recognizes the gentleman from York, Senator Delp. Senator DELP. Mr. President, joining us in the gallery today are two of my constituents, Yvonne Mehring and her daughter, Nicole Mehring. Yvonne is the director of the child abuse unit for the York County District Attorney's Office, and they came to Harrisburg today to participate in the victims' rights rally. I would appreciate it if the Senate of Pennsylvania would give them its warm welcome. The PRESIDENf pro tempore. Would Senator Delp's guests please rise so the Senate may give you its warm welcome. (Applause.) GUESTS OF SENATOR ROBERT D. ROBBINS PRESENTED TO THE SENATE The PRESIDENf pro tempore. The Chair recognizes the gentleman from Mercer, Senator Robbins. Senator ROBBINS. Mr. President, I am pleased to introduce three students who are serving as guest Pages in the Senate today. First, we have Kendra Gigone from Meadville. She plays softball, is on the swimming team, and also in the band. Also here are Kellyn Rielly, who is on the swimming team, in the band, and also in dance, and Chealsea Mailliard, who is in swimming and also softball. They are residents of the Meadville area and attend school in the Meadville Area School District in Crawford County. Kendra and Kellyn are eighth-grade students. Chealsea is also in the eighth-grade and attends the Seton School in Meadville. They are accompanied here today by Kendra's mother, Mrs. Diane Gigone, and Kendra's sister, Krista. Please join me in welcoming my guests to the Senate of Pennsylvania. The PRESIDENf pro tempore. Would the guests of Senator Robbins please rise so that we may give you a W8IDl welcome. (Applause.) GUESTS OF PRESIDENT PRO TEMPORE PRESENTED TO THE SENATE The PRESIDENf pro tempore. We have some very special guests here today. I would like to introduce the Honorable Hector McClean, the Speaker of the House of the Republic of Trinidad and Tobago. He is accompanied here today by Dr. Wmston A. Richards of Penn State at Hanisburg and two citizens of the Commonwealth by the name of Mark Singel and Michael Korposh, whom some of you may have run into in the past. At this time I would ask that the Honorable Hector McClean, Speaker of the House of the Republic of Trinidad and Tobago, join us here at the rostrmn, and, Mr. Speaker, we would be happy to hear from you. Let us give a rousing, Waml welcome to the Speaker. (Applause.) Hon. Hector McCLEAN. Honorable President of the Senate, Senator Bob Jubelirer, Honorable Senators, it is a tremendous honor that you pay me in allowing me, ftrst of all, to visit your Senate today and, secondly, actually to address you. I come from a very small jurisdiction in the Caribbean called Trinidad and Tobago, which is but 7 miles away from the Republic of Venezuela. I am the Speaker of our House of Representatives, and we, too, have not only a House of Representatives but a Senate in our jurisdiction. I freely admit that our Senate is not as ornate as yours, but I am sure that we in our Senate try to do as serious work as you do here in this Senate. I certainly wish to bring you greetings from the Parliament and the people of Trinidad and Tobago. The purpose of my

1998 LEGISLATIVE JOURNAL - SENATE 1787 visit in this beautiful State is as a guest of Penn State University at Hanisburg, where I am talking to groups there about the positive relationship that exists and has existed between the government of the United States of America and the government of its most southerly small-island neighbor, Trinidad and Tobago. I am grateful to you, Mr. President, for having afforded me this opportunity to say my tuppence-worth. I am very impressed with all the things that I have seen here, and I do wish that your deliberations today and in the days to come will be fruitful. I thank you. (Applause.) The PRESIDENf pro tempore. The Chair thanks the Honorable Hector MdJean, Speaker of the House of the Republic of Trinidad and Tobago. He honors us by his presence here, and we are delighted to have him offer his remarks. RECESS The PRESIDENf pro tempore. The Chair recognizes the gentleman from Delaware, Senator Loeper. Senator WEPER. Mr. President, at this time I request a recess of the Senate for the purpose of a Republican caucus to begin immediately in the Majority Caucus room, with an expectation of returning to the floor at approximately 5 p.m. The PRESIDENf pro tempore. The Chair recognizes the gentleman from Lackawanna, Senator Mellow. Senator MELLOW. Mr. President, I request that the Democratic Members report immediately to our caucus room. The PRESIDENT pro tempore. For pmposes of Republican and Democratic caucuses in their respective caucus rooms, the Senate will stand in recess. AFTER RECESS The PRESIDENf pro tempore. The time of recess having expired, the Senate will come to order. LEGISLATIVE LEAVES The PRESIDENf pro tempore. The Chair recognizes the gentleman from Lackawanna, Senator Mellow. Senator MELLOW. Mr. President, I request temporary Capitol leaves for Senator Furno and Senator Musto, and a legislative leave for Senator Schwartz. The PRESIDENf pro tempore. Senator Mellow requests temporary Capitol leaves for Senator Furno and Senator Musto, and a legislative leave for Senator Schwartz. Without objection, those leaves are granted. CONSIDERATION OF CALENDAR RESUMED FINAL PASSAGE CALENDAR NONPREFERRED APPROPRIATION BILL OVER IN ORDER SB 1325 -- Without objection, the bill was passed over in its order at the request of Senator LOEPER. THIRD CONSIDERATION CALENDAR NONPREFERRED APPROPRIATION BILLS OVER IN ORDER SB 1312 and SB 1314 -- Without objection, the bills were passed over in their order at the request of Senator WEPER. BILLS OVER IN ORDER SB 94, SB 101, SB 212, SB 491, SB 668, SB 670, SB 698 and SB 962 -- Without objection, the bills were passed over in their order at the request of Senator LOEPER. BILL ON TIllRD CONSIDERATION AND FINAL PASSAGE lib 964 (Pr. No. 32(2) -- The Senate proceeded to consideration An Act amending the act of FebmaJ'Y 1, 1966 (1965 P.L.l656, No.581), known as The Borough Code, further providing for associations and organizations for mayors, for decreases in number of ward council members, and for general powers. Considered the third time and agreed to, And the amendments made thereto having been printed as required by the Constitution, On the question, Shall the bill pass finally? The yeas and nays were taken agreeably to the provisions of the Constitution and were as follows, viz: YEA-49 Afflerbach Greenleaf Mowery Tartaglione Armstrong Hart Murphy Thompson Belan Holl Musto Tilghman Bell Hughes O'Pake Tomlinson Bodack Jubelirer Piccola Uliana Brightbill Kasunic Punt Wagner Conti Kitchen Rhoades Wenger Connan Kukovich Robbins White Costa LaValle Salvatore Williams Delp Lemmond Schwartz Wozniak Earll Loeper Slocum Furno Madigan Stapleton Gerlach Mellow Stout NAY-O A constitutional majority of all the Senators having voted "aye," the question was determined in the affmnative. Ordered, That the Seaetary of the Senate retmn said bill to the House of Representatives with information that the Senate has passed the same with amendments in which concurrence of the House is requested. LEGISLATIVE LEAVES The PRESIDENT pro tempore. The Chair recognizes the gentleman from Delaware, Senator Loeper.

1788 LEGISLATIVE JOURNAL - SENATE APRIL 20, Senator WEPER. Mr. President, Senator Bell and Senator Delp have been called from the floor to their offices, and I request temporary Capitol leaves on their behalf. The PRESIDENf pro tempore. Senator Loeper requests temporary Capitol leaves for Senator Bell and Senator Delp. Without objection, those leaves are granted. The Chair recognizes the gentleman from Lackawanna, Senator Mellow. Senator MELLOW. Mr. President, I request a temporary Capitol leave for Senator O'Pake. The PRESIDENf pro tempore. Senator Mellow requests a temporary Capitol leave for Senator O'Pdke. Without objection, that leave will be granted. TIDRD CONSIDERATION CALENDAR RESUMED BIlL ON TIIIRD CONSIDERATION AND FINAL PASSAGE SB 1203 (Pr. No. 1794) -- The Senate proceeded to consideration An Act amending the act of November 20, 1968 (P.L.l075, No.329), entitled Public Television Network System Law, providing for the Pennsylvania Public Television Network Commission's composition and members' terms. Considered the third time and agreed to, And the amendments made thereto having been printed as required by the Constitution, On the question, Shall the bill pass finally? The yeas and nays were taken agreeably to the provisions of the Constitution and were as follows, viz: YEA-49 Afflerbach Greenleaf Mowery Tartaglione Anmtrong Hart Murphy Thompson Belan Holl Musto Tilghman Bell Hughes O'Pake Tomlinson Bodack Jubelirer Piccola U1iana Brightbill Kasunic Punt Wagner Conti Kitchen Rhoades Wenger Corman Kukovich Robbins White Costa LaValle Salvatore Williams Delp Lemmond Schwartz Wozniak Earll Loeper Slocum Furno Madigan Stapleton Gerlach Mellow Stout NAY-O A constitutional majority of all the Senators having voted "aye," the question was determined in the affmnative. Ordered, That the Secretary of the Senate present said bill to the House of Representatives for concurrence. BIlL OVER IN ORDER SB 1218 -- Without objection, the bill was passed over in its order at the request of Senator LOEPER. BILLS LAID ON TIIE TABLE SB 1262 (Pr. No. 1834) -- The Senate proceeded to consideration An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, further providing for actions that must be commenced within six months and for deficiency judgments. Upon motion of Senator LOEPER, and agreed to, the bill was laid on the table. lib 1520 (Pr. No. 1842) -- The Senate proceeded to consideration A Joint Resolution proposing an amendment to the Constitution of the Commonwealth of Pennsylvania, further providing for bail. Upon motion of Senator LOEPER, and agreed to, the bill was laid on the table. BIlLS OVER IN ORDER lib 1561 and lib 1778 -- Without objection, the bills were passed over in their order at the request of Senator LOEPER. SECOND CONSIDERATION CALENDAR BILL REREFERRED SB 391 (Pr. No. 1823) -- The Senate proceeded to consideration An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, defining "numbered traffic route"; and further providing for maximum speed limits, for alteration of maximum limits and for specific powers of the Department of Transportation and local authorities. Upon motion of Senator LOEPER, and agreed to, the bill was rereferred to the Committee on Appropriations. BILL ON SECOND CONSIDERATION AND REREFERRED lib 439 (Pr. No.2S02) -- The Senate proceeded to consideration An Act amending the act of April 9, 1929 (P.L.343, No.l76), known as The Fiscal Code, further providing for investment of moneys of the Commonwealth. Considered the second time and agreed to, Ordered, To be printed for third consideration. Upon motion of Senator LOEPER, and agreed to, the bill just considered was rereferred to the Committee on Appropriations. BILL REREFERRED lib 492 (Pr. No. 2195) -- The Senate proceeded to consideration An Act establishing standards regulating residential swimming pool, hot tub and spa design and construction; providing for safety precautions and protection against potential immersion accidents for children; and imposing a penalty.

1998 LEGISLATIVE JOURNAL - SENATE 1789 Upon motion of Senator LOEPER, and agreed to, the bill was rereferred to the Committee on Appropriations. BILLS OVER IN ORDER SB 671 and HB 728 -- Without objection, the bills were passed over in their order at the request of Senator LOEPER. BilL REREFERRED SB 925 (Pr. No. 1824) -- The Senate proceeded to consideration An Act amending TItle 75 (Vehicles) of the Pennsylvania Consolidated Statutes, further providing for duty of driver on approach of emergency vehicle. Upon motion of Senator LOEPER, and agreed to, the bill was rereferred to the Committee on Appropriations. BILL OVER IN ORDER SB 970 -- Without objection, the bill was passed over in its order at the request of Senator LOEPER. BilL REREFERRED SB 1043 (Pr. No. 1805) -- The Senate proceeded to consideration An Act amending TItle 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes, prohibiting persons with a history of certain criminal offenses from being employed with the Statewide toll-free ChildLine. Upon motion of Senator LOEPER, and agreed to, the bill was rereferred to the Committee on Appropriations. BILL OVER IN ORDER SB 1051 -- Without objection, the bill was passed over in its order at the request of Senator LOEPER. BILL REREFERRED SB 1159 (Pr. No. 1394) -- The Senate proceeded to consideration An Act designating April 6 as "Tartan Day" in Pennsylvania. Upon motion of Senator LOEPER, and agreed to, the bill was rereferred to the Committee on Appropriations. BilLS OVER IN ORDER SB 1205 and SB 1271 -- Without objection, the bills were passed over in their order at the request ofsenator LOEPER. BILL REREFERRED SB 1288 (Pr. No. 1652) -- The Senate proceeded to consideration An Act amending the act of December 14, 1982 (P.L.1211, No.279), entitled "An act providing for ridesharing arrangements and providing that certain laws shall be inapplicable to ridesharing arrangements," adding and amending definitions. Upon motion of Senator LOEPER, and agreed to, the bill was rereferred to the Committee on Appropriations. BILLS OVER IN ORDER SB 1296, SB 1372 and SB 1373 -- Without objection, the bills were passed over in their order at the request ofsenator LOEPER. LEGISLATIVE LEAVE CANCELLED The PRESIDENT pro tempore. The Chair notes the presence on the floor ofsenator Delp, and his temporary Capitol leave is cancelled. SB 1262 AND DB 1520 TAKEN FROM THE TABLE Senator LOEPER. Mr. President, I move that Senate Bill No. 1262, Printer's No. 1834 and House Bill No. 1520, Printer's No. 1842 be taken from the table and placed on the Calendar. The motion was agreed to. The PRESIDENT pro tempore. The bills will be placed on the Calendar. COMMUNICATIONS FROM THE GOVERNOR TAKEN FROM THE TABLE Senator SALVATORE, by unanimous consent, called from the table certain communications from His Excellency, the of the Commonwealth, recalling the following nominations, which were read by the Clerk as follows: MEMBER OF THE INDUSTR.IAL BOARD April 16, 1998 In accordance with the power and authority vested in me as of the Commonwealth, I do hereby recall my nomination dated January 8, 1998 for the appointment of Mark Navarro, 4184 Kittatinny Drive, Mechanicsburg 17055, Cumberland County, Thirty-first Senatorial District, as a member of the Industrial Board, to serve until the third Tuesday of January 1999, and until his successor is appointed and qualified, vice Robert T. Heenan, Feasterville, resigned. I respectfully request the return to me of the official message of nomination on the premises. MEMBER OF THE POTIER COUNIY BOARD OF ASSISTANCE April 16, 1998 In accordance with the power and authorily vested in me as of the Commonwealth, I do hereby recall my nomination dated January 14, 1998 for the reappointment of Rev. Raymond D. Forsythe (Republican), 608 South East Street, Coudersport 16915, Potter County, 'l\venty-fifth Senatorial District, as a member of the Potter County

1790 LEGISLATIVE JOURNAL - SENATE APRIL 20, Board of Assistance, to. serve until December 31,2000, and until his successor is appointed and qualified. I respectfully request the return to me of the official message of nomination on the premises. NOMINATIONS RETURNED TO THE GOVERNOR Senator SALVATORE. Mr. President, I move that the nominations justread by the Clerk be returned to His Excellency, the. The motion was agreed to. The PRESIDENf pro tempore. The nominations will be returned to the. REPORT FROM COMMITTEE ON RULES AND EXECUTIVE NOMINATIONS Senator SALVATORE, from the Committee on Rules and Executive Nominations, reported the following nominations made by His Excellency, the of the Commonwealth, which were read by the Clerk as follows: MEMBER OF TIlE ANIMAL HEALTII AND DIAGNOSTIC COMMISSION March 19, 1998 the advice and consent of the Senate, Ernest o. Miller, 324 Vuginville Road, Hamburg 19526, Berks County, Eleventh Senatorial District, for appointment as a member of the Animal Health and Diagnostic Commission, to serve until December 5, 1999 and until his successor is appointed and qualified, but not longer than six months beyond that period, vice Robert T. Gabel, deceased. MEMBER OF TIlE COUNCIL OF lrustees OF CHEYNEY UNIVERSITY OF PENNSYLVANIA OF TIlE STAlE SYSlEM OF mgher EDUCATION March 23, 1998 the advice and consent of the Senate, Dongkyu Bale, Baggot and Bak Ltd., 21 East State Street, Media 19063, Delaware County, Ninth Senatorial District, for appointment as a member of the Council of Trustees of Cheyney University of Pennsylvania of the State System of Higher Education, to serve until the thiid Tuesday of January 1999, and until his successor is appointed and qualified, vice Melvin Howell, Philadelphia, whose tetm expired. MEMBER OF TIIE STAlE EMPLOYEES' REI1REMENT BOARD March 19, 1998 In confotmity with law, I have the honor hereby to nominate for the advice and consent of the Senate, James E. Nevels, 3 Crest Lane, Swin1hmore 19081, Delaware County, Twenty-sixth Senatorial District, for appointment as a member of the State Employees' Retirement Board, to serve for a tetm of four years and until his successor is appointed and qualified, vice Kemper Paul Muench, Harrisburg, whose tetm expired. MEMBER OF TIIE COUNCIL OF lrustees OF KU1ZTOWN UNIVERSITY OF PENNSYLVANIA OF TIIE STAlE SYSlEM OF mgher EDUCATION March 16, 1998 In confotmity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Brian W. Clements, 300 North Elm Street, Wernersville 19565, Berks County, Forty-eighth Senatorial District, for appointment as a member of the Council of Trustees of Kutztown University of Pennsylvania of the State System of Higher Education, to serve until the third Tuesday of January 2001, and until his successor is appointed and qualified, vice Herbert Hyman, M.D., Allentown, whose tetm expired. MEMBER OF TIlE COUNCIL OF lrustees OF KU1ZTOWN UNIVERSITY OF PENNSYLVANIA OF TIIE STAlE SYSlEM OF mgher EDUCATION March 16, 1998 In confotmity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Sara R Mack, 44 A South Elm Street, Kutztown 19530, Berks County, Eleventh Senatorial District, for reappoinbnent as a member of the Council of Trustees of Kutztown University of Pennsylvania of the State System of Higher Education, to senre until the thiid Tuesday of January 2001, and until her successor is appointed and qualified. MEMBER OF TIIE COUNCIL OF TRUSTEES OF KU1ZTOWN UNIVERSITY OF PENNSYLVANIA OF TIIE STATE SYSTEM OF mgher EDUCATION March 16, 1998

1998 LEGISLATIVE JOURNAL - SENATE 1791 the advice and consent of the Senate, Ramona D. Turpin, Bank of Pennsylvania, 50 North FIfth Street, P. O. Box 15210, Reading 19612, Berks County, Eleventh Senatorial District, for appointment as a member of the Council of Trustees of Kutztown University of Pennsylvania of the State System of Higher Education, to serve until the third Tuesday of January 2001, and until her successor is appointed and qualified, vice Reverend Frank McCracken, Reading, whose teim. expired. MEMBER OF TIIE STATE BOARD OF MEDICINE Petmsylvania: January 23, 1998 the advice and consent of the Senate, Kishor S. Mehta (Public Member), 2103 Chablis Court, Gibsonia 15044, Allegheny County, Fortieth Senatorial District, for appointment as a member of the State Board of Medicine, to serve for a tel1il of four years or until his successor is appointed and qualified, but not longer than six months beyond that period, vice Oliver M. Johnson, II, Esquire, Doylestown, whose tel1il expired. MAJOR GENERAL, PENNSYLVANIA NATIONAL GUARD March 3, 1998 the advice and consent of the Senate, Brigadier General Walter F. Pudlowski, Jr., 288 Colt Drive, Grantville 17028, Dauphin County, Frl'teenth Senatorial District, for appointment as Major General, LINE, with assignment as Deputy Commander, State Area Command, Headquarters State Area Command(-), Pennsylvania Anny National Guanl, to serve until terminated, vice Major General Joseph F. Perugino, who will retire. MEMBER OF TIIE STATE BOARD OF PODIATRY March 9, 1998 the advice and consent of the Senate, Dr. Stephen F. Conti, 3471 Fifth Avenue, Suite 1010, Pittsburgh 15213, Allegheny County, Thirty~igbth Senatorial District, for appointment as a member of the State Board of Podiatry, to serve for a tel1il of four years or until his successor is appointed and qualified, but not longer than six months beyond that period, vice Judy A. Carhart, M.D., Harrisburg, whose tel1il expired. MEMBER OF TIIE ADVISORY COMMITIEE ON PROBATION March 9, 1998 the advice and consent of the Senate, Carl McKee, 208 Hammond Street, Warren 16365, Warren County, Twenty-fifth Senatorial District, for appointment as a member of the Advismy Committee on Probation, to serve until May 6, 2000 and until his successor is appointed and qualified, but not longer than ninety days beyond that period, vice David Rockwell, Cambridge Springs, resigned. MEMBER OF THE STATE BOARD OF PSYCHOLOGY March 6, 1998 the advice and consent of the Senate, Anthony 1. Fubio (Public Member), 207 Uyswen Court, Altoona 16602, Blair County, Thirtieth Senatorial District, for appointment as a member of the State Board of Psychology, to serve until June 15, 1998 or until his successor is appointed and qualified, but not longer than six months beyond that period, vice Elizabeth D. Bierbower, Wexford, resigned. MEMBER OF TIIE BOARD OF lrustees OF SCaILAND SCHOOL FOR VETERANS' ClllLDREN January 14, 1998 the advice and consent of the Senate, Stanley W. Reinhard, Jr., 1447 Hill Crest Court, Camp Hill 17011, Cumberland County, Thirty-first Senatorial District, for reappointment as a member of the Board of Trustees of Scotland School for Veterans' Children, to serve until the third Tuesday of January 2003, and until his successor is appointed and qualified. MEMBER OF THE UNEMPWYMENT COMPENSATION BOARD OF REVIEW January 15, 1998 the advice and consent of the Senate, Anthony J. Gallagher, 511 Strathmore Road, Havertown 19083, Delaware County, Seventeenth Senatorial District, for appointment as a member of the Unemployment Compensation Board of Review, to serve until July 1, 2003 and

1792 LEGISLATIVE JOURNAL - SENATE APRIL 20, until his successor is appointed and qualified, vice Francis P. Bonner, Hazleton, whose term expired. momas J. RIDGE MEMBER OF THE STATE BOARD OF VEHICLE MANUFACTURERS, DEALERS AND SALESPERSONS March 16, 1998 the advice and consent of the Senate, Edwin K. Galbreath, Jr., R. D. #3, Box 146, Kingswood Road, New Castle 16105, Lawrence County, Twenty-first Senatorial District, for appointment as a member of the State Board of Vehicle Manufacturers, Dealers and Salespersons, to serve for a tend. of four years and until his successor is appointed and qualified, but not longer than six months beyond that period, vice Glenn E. Mellott, Willow Street, whose term expired. MEMBER OF THE MERCER COUNTY BOARD OF ASSISTANCE March 5, 1998 the advice and consent of the Senate, David 1. Immonen (Republican), 136 Gloty Street, Greenville 16125, Mercer County, FIftieth Senatorial Dis1rict, for appointment as a member of the Mercer County Board of Assistance, to serve until December 31, 2000, and until his successor is appointed and qualified, vice Helen V. Basham, Grove City, whose term expired. MEMBER OF TIlE PaITER COUNTY BOARD OF ASSISTANCE January 14, 1998 the advice and consent of the Senate, Nancy B. Erway (Republican), R. D. #2, Genesee 16923, Potter County, Twenty-fifth Senatorial District, for reappointment as a member of the Potter County Board of Assistance, to serve until December 31, 2000, and until her successor is appointed and qualified. DISTRICT JUSTICE March 23, 1998 the advice and consent of the Senate, Sue E. Haggerty, 340 High Street, Saxonburg 16056, Butler County, Twenty-first Senatorial District, for appointment as District Justice, in and for the County of Butler, Magisterial Dis1rict 50-3..03, to serve until the first Monday of January 2000, vice Frank. C. Wise, resigned. DISTRICT JUSTICE March 20, 1998 the advice and consent of the Senate, Mark. A. Bruno, 739 South Franklin Street, West Chester 19382, Chester County, Nineteenth Senatorial District, for appointment as District Justice, in and for the County of Chester, Magisterial District 15-1~1, to serve until the first Monday of January 2000, vice Dawson R. Muth, Esquire, resigned. NOMINATIONS LAID ON THE TABLE Senator SALVATORE. Mr. President, I request that the nominations just read by the Clerk be laid on the table. The PRESIDENT pro tempore. The nominations will be laid on the table. HOUSE MESSAGES HOUSE CONCURS IN SENATE AMENDMENTS BY AMENDING SAID AMENDMENTS TO HOUSE BILLS The Clerk of the House of Representatives informed the Senate that the House has concurred in amendments made by the Senate by amending said amendments to HB 2355 and 2356, in which concurrence of the Senate is requested. The PRESIDENT pro tempore. Pursuant to Senate Rule XlV, section 5, these bills will be referred to the Committee on Rules and Executive Nominations. HOUSE NONCONCURS IN SENATE AMENDMENTS TO HOUSE BILL The Clerk of the House of Representatives informed the Senate that the House has nonconcurred in amendments made by the Senate to DB 2281. The PRESIDENT pro tempore. The bill will be placed on the Calendar. SPECIAL ORDER OF BUSINESS SUPPLEMENTAL CALENDAR No. 1 SENAlE INSISTS UPON ITS AMENDMENTS NONCONCURRED IN BY TIlE HOUSE TO HB 2281 DB 2281 (Pr. No. 33(1) -- The Senate proceeded to consideration An Act to provide from the General Fund for the expenses of the Executive, Legislative and Judicial Departments of the Commonwealth, the public debt and for the public schools for the fiscal year

1998 LEGISLATIVE JOURNAL - SENATE 1793 July 1, 1998, to June 30, 1999, for certain institutions and organizations, and for the payment of bills incmred and remaining unpaid at the close of the fiscal year ending June 30, 1998; to provide appropriations from the State Lottery Fund, the Energy Conservation and Assistance Fund, the Hazardous Material Response Fund, The State Stores Fund, the Milk Marketing Fund, the Home Investment Trust Fund, the Emergency Medical Services Operating Fund, the Ben FranldinIIRC Partnership Fund, the Tuition Payment Fund, the Banking Department Fund and the FJrea11Il Ownership Fund to the Executive Department; to provide appropriations from the Judicial Computer System Augmentation Account to the Judicial Department; to provide for the appropriation of Federal funds to the Executive and Judicial Departments of the Commonwealth and for the establishment of restricted receipt accounts for the fiscal year July 1, 1998, to June 30, 1999, and for the payment of bills remaining unpaid at the close of the fiscal year ending June 30, 1998. Senator LOEPER. Mr. President, I move that the Senate insist upon its amendments to House Bill No. 2281, and that a Committee of Conference on the part of the Senate be appointed. The motion agreed to. Ordered, That the Secretary of the Senate infotm the House of Representatives accordingly. COMMITTEE OF CONFERENCE APPOINTED ON HB 2281 The PRESIDENT pro tempore. The Chair announces the appointment of Senators TILGHMAN, LOEPER and MELLOW as a Committee of Conference on the part of the Senate to confer with a similar committee of the House, if the House shall appoint such committee, to consider the differences existing between the two houses in relation to House Bill No. 2281. Ordered, That the Secretary of the Senate infotm the House of Representatives accordingly. RECESS The PRESIDENT pro tempore. The Chair recognizes the gentleman from Delaware, Senator Loeper. Senator LOEPER. Mr. President, for the infotmation of the Members, at this point I am going to ask for a recess for the purpose of a meeting of the Committee on Education to take place immediately in the Rules room at the rear of the Senate Chamber. It is my expectation during that recess the House is considering certain legislation which we expect to come here to the Senate for consideration within the next hour or so, and in between we intend to try to convene a conference committee, but I believe we are probably looking at another hour's duration to conclude our business for the day. The PRESIDENT pro tempore. Would all Members of the Committee on Education report to the Rules room for the purpose of a meeting of the Committee on Education at this time, and for that pmpose and until such time as the business comes over from the House, the Senate will stand in recess. AFTER RECESS The PRESIDENT pro tempore. The time of recess having expired, the Senate will come to order. HOUSE MESSAGES HOUSE INSISTS UPON ITS NONCONCURRENCE IN AMENDMENTS MADE BY TIlE SENATE TO lib 2281, AND APPOINTS COMMITfEE OF CONFERENCE The Clerk of the House of Representatives informed the Senate that the House insists upon its nonconcurrence in amendments made by the Senate to DB 2281, and bas appointed Messrs. PERZEL, BARLEY and EVANS as a Committee of Conference to confer with a similar committee of the Senate, already appointed, to consider the differences existing between the two houses in relation to said bill. HOUSE CONCURS IN SENATE AMENDMENTS BY AMENDING SAID AMENDMENTS TO HOUSE BILL The Clerk of the House of Representatives informed the Senate that the House has concurred in amendments made by the Senate by amending said amendments to lib 1766, in which concurrence of the Senate is requested. SUSPENSION OF RULE XIV The PRESIDENT pro tempore. The Chair recognizes the gentleman from Delaware, Senator Loeper. Senator LOEPER. Mr. President, I move that Rule X~ paragraph 5, be suspended to the extent that it requires the referral of a bill on concurrence to the Committee on Rules and Executive Nominations, and that House Bill No. 1766 be placed directly on the Calendar. The PRESIDENT pro tempore. Senator Loeper moves that the Senate suspend Senate Rule XIV, subsection 5, so that the Senate may consider House Bill No. 1766 directly rather than having it go to the Committee on Rules and Executive Nominations, as would have been required by the Rules of the Senate. On the question, Will the Senate agree to the motion? The yeas and nays were required by Senator WEPER and were as follows, viz: YEA-49 Afflerbach Greenleaf Mowery Tartaglione Annstrong Hart Murphy Thompson Belan Holl Musto Tilghman Bell Hughes Q'Pak:e Tomlinson Bodack Jubelirer Piccola Uliana Brightbill Kasunic Punt Wagner Conti Kitchen Rhoades Wenger Corman Kukovich Robbins White Costa LaValle Salvatore Williams Delp Lemmond Schwartz Wozniak: Earll Loeper Slocum Furno Madigan Stapleton Gerlach Mellow Stout NAY-O

1794 LEGISLATIVE JOURNAL - SENATE APRIL 20, A majority of the Senators having voted "aye," the question was determined in the affumative. The PRESIDENT pro tempore. House Bill No. 1766 will appear directly on the Calendar, Rule XN, subsection 5, having been suspended. REPORT FROM COMMITTEE Senator RHOADES, from the Committee on Education, reported the following bill: lib 601-(Pr. No. 33%) (Amended) An Act amending the act of March 10, 1949 (p.l.30, No.14), known as the Public School Code of 1949, fmther providing for auxiliary services; and providing for community education councils. REPORT OF COMMITTEE OF CONFERENCE SUBMITTED AND LAID ON THE TABLE Senator LOEPER. submitted the Report of Committee of Conference on lib 2281, which was laid on the table. BILL ON FIRST CONSIDERATION AND REREFERRED Senator WEPER. Mr. President, I move that the Senate do now proceed to consideration of the bill reported from committee for the frrst time at today's Session. The motion was agreed to. The bill was as follows: lib 601. And said bill having been considered for the frrst time. Upon motion of Senator WEPER., and agreed to, the bill just considered was rereferred to the Committee on Appropriations. SPECIAL ORDER OF BUSINESS SUPPLEMENTAL CALENDAR No.2 SENAlE CONCURS IN HOUSE AMENDMENTS TO SENAlE AMENDMENTS lib 1766 (Pr. No. 3386) -- The Senate proceeded to consideration An Act amending the act of Mmch 4, 1971 (pl.6, N02), known as the Tax Refonn Code of 1971, further providing, in sales and use tax, for definitions, for imposition, for exclusions and for refunds; further providing, in personal income tax, for definitions, for an exclusion on a sale of a principal residence and for expanded poverty provisions; further providing for cotporate net income tax definitions and for an extension of net operating loss; fmther providing, in capital stock and franchise tax, for definitions and reports and for a reduction in rate; providing, in capital stock and franchise tax, for family farm cotporation exemptions; further providing for utilities gross receipts tax imposition, for realty transfer tax definitions, for the neighlxnhood assistance tax credit, for malt beverage tax reports and for evidence of payment of inheritance tax; providing for restatement of tax liability under treaties; and making repeals. On the question, Will the Senate concur in the amendments made by the House to Senate amendments to House Bill No. 1766? Senator LOEPER. Mr. President, I move that the Senate do concur in the amendments made by the House to Senate amendments to House Bill No. 1766. On the. question, W111 the Senate agree to the motion? The PRESIDENT pro tempore. The Chair recognizes the gentleman from Delaware, Senator Loeper. Senator LOEPER.. Mr. President, the content of the bill that is before us in House Bill No. 1766 is one that is very important to the Commonwealth and all its residents. Several weeks ago, Mr. President, the Senate passed the tax cuts that were recommended by Ridge, am01mting to $128 million in reductions. At that time when we were considering the bill here in the Senate, I indicated that it was a responsible proposal, balancing the priorities of tax relief for working families with the continuing push to improve Pennsylvania's job climate. I also noted, Mr. President, that we would consider additional tax cuts based on their positive impact and their affordability. As we all recognize, the continuing strength of the State's economy makes additional tax cuts possible. Therefore, we will be voting today on a tax cut package that contains more than $206 million in savings. On the individual side, the biggest piece provides tax relief for low-income working families. Legislators working together have expanded Ridge's proposal to ensure that single mothers with dependent children have the same level of tax relief that married couples are in line to receive. In total, these changes will save Pennsylvania families more than $57 million in State taxes. National commentators have even rated Pennsylvania's tax forgiveness provisions among the best in the country. On the job side, Mr. President, we have moved to further reduce the capital stock and franchise tax to below 12 mills, 11.9 mills, to be exact This tax has again been criticized as an obstacle to job creation and business development in Pennsylvania. This reduction is a significant step in the right direction. If the State's fiscal health endures, then we can consider additional reductions in years to come. There bas also been a change in poliq that will open up the neighborhood assistance tax credit program to more projects. Neighborhood assistance has been a valuable tool that has been used by community partnerships across Pennsylvania working to clean up problem areas and provide more opportunities for residents of those areas. A new piece in the tax package is a step that has been discussed for many years, Mr. President. Pennsylvanians will no longer have to pay State income tax on money they make from selling their homes. This tax relief is available to all families across Pennsylvania. This measure reflects the continuing effort to reduce taxes in Pennsylvania, to put the investment

1998 LEGISLATIVE JOURNAL - SENATE 1795 where it makes the greatest difference for families. for workers. and for our communities. It is no coincidence that the job climate and the State's reputation have improved as this well-planned and fiscally prudent tax cutting has been carried out over 5 years, and that the cumulative benefits add up substantially. The package that is before us this evening that we are going to be voting on, as I stated earlier, reduces taxes by more than $200 million. It is a good investment in the future of families, it is a good investment in jobs, it is fiscally responsible, and, Mr. President, in my view, it is certainly the right thing to do for the future of Pennsylvania. I urge an affumative vote on concurrence. LEGISLATIVE LEAVE The PRESIDENT pro tempore. The Chair recognizes the gentleman from Delaware, Senator Loeper. Senator WEPER. Mr. President, Senator Murphy has been called from the floor to his office. and I request a temporary Capitol leave on his behalf. The PRESIDENT pro tempore. Senator Loeper requests a temporary Capito~ leave for Senator Mwphy. Without objection, that leave will be granted. And the question recurring, Will the Senate agree to the motion? The yeas and nays were required by Senator WEPER and were as follows, viz: YEA-49 Afflerbach Greenleaf Mowery Tartaglione Armstrong Hart Murphy Thompson Belan Holl Musto Tilghman Bell Hughes O'Pake Tomlinson Bodack Jubelirer Piccola Uliana Brightbill Kasunic Punt Wagner Conti Kitchen Rhoades Wenger Corman Kukovich Robbins White Costa LaValle Salvatore Williams Delp Lemmond Schwartz Wozniak Earll Loeper Slocum Fumo Madigan Stapleton Gerlach Mellow Stout NAY-O A constitutional majority of all the Senators having voted "aye," the question was determined in the affumative. Ordered, That the Secretary of the Senate inform the House of Representatives accordingly. UNFINISHED BUSINESS DISCHARGE PETITIONS The PRESIDENT pro tempore laid before the Senate the following communications, which were read by the Clerk as follows: A PE11TION In the Senate. April 20. 1998 To place before the Senate the nomination of Jean G. McGuire, as Clerk of Courts. Cambria County. W: The President Officer of the Senate: WE. The undersigned members of the Senate. pursuant to section 8 (b) of Article IV of the Constitution of Pennsylvania, do hereby request that you place the nomination of Jean G. McGuire. as Clerk of Courts, Cambria County, before the entire Senate body for a vote, the nomination not having been voted upon within 15 legislative days: Raphael J. Musto Robert J. Mellow Leonard J. Bodack Michael A. O'Pake Richard A. Kasunic Vmcent 1. Furno A PE11TION In the Senate, April 20, 1998 To place before the Senate the nomination of Kishor S. Mehta, as a member of the State Board of Medicine. W: The President Officer of the Senate: WE. The undersigned members of the Senate, pursuant to section 8 (b) of Article IV of the Constitution of Pennsylvania, do hereby request that you place the nomination of Kishor S. Mehta, as a member of the State Board of Medicine, before the entire Senate body for a vote, the nomination not having been voted upon within 15 legislative days: Raphael 1. Musto Robert J. Mellow Leonard 1. Bodack Michael A. O'Pake Richard A. Kasunic Vmcent J. Furno A PE11TION In the Senate, April 20, 1998 To place before the Senate the nomination of M. Lee Hartzok, as a member of the Board of Trustees of South Mountain Restoration Center. W: The President Officer of the Senate: WE. The undersigned members of the Senate, pursuant to section 8 (b) of Article IV of the Constitution of Pennsylvania, do hereby request that you place the nomination of M Lee Hartzok, as a member of the Board of Trustees of South Mountain Restoration Center, before the entire Senate body for a vote, the nomination not having been voted upon within 15 legislative days: Raphael 1. Musto Robert J. Mellow Leonard J. Bodack Michael A. O'Pake Richard A. Kasunic Vmcent J. Furno

1796 LEGISLATIVE JOURNAL - SENATE APRIL 20, A PE1TIlON In the Senate, April 20, 1998 To place before the Senate the nomination of Frederick A Reddig, as a member of the Board of Trustees of South Mountain Restoration Center. m: The President Officer of the Senate: WE, The undersigned members of the Senate, pursuant to section 8 (b) of Article N of the Constitution of Pennsylvania. do hereby request that you place the nomination of Frederick A. Reddig, as a member of the Board of Trustees of South Mountain Restoration Center, before the entire Senate body for a vote, the nomination not having been voted upon within 15 legislative days: Raphael J. Musto Robert J. Mellow Leonard J. Bodack Michael A. O'Pake Richard A Kasunic Vmcent J. Fumo The PRESIDENT pro tempore. These communications will be laid on the table. CONGRATULATORY RESOLUTIONS The PRESIDENT pro tempore laid before the Senate the following resolutions, which were read, considered and adopted: Congratulations of the Senate were extended to Christopher M. Schweibinz and to the Lehigh Valley Syrian Arab American Cultural Association by Senator Mflerbach. Mrs. Robert Martin and to Mr. and Mrs. Paul Seiple by Senator Armstrong. Congratulations of the Senate were extended to Dennis 1. Priestly, Sarah Sakolsky, Kathy LuciDa, Reverend Joseph Mele, Andrew Michael Sudyk, citizens of the city of McKeesport, Southwestern Pennsylvania Regional Planning Commission and to Kennywood of West Mifflin by Senator Belan. Mrs. Aaron F. Musselman, Mr. and Mrs. Earl Autenreith, Ida Cipollini Maddesi, John R. Wilkers, Sr., David E. Pergrin, Evan Jacobs, Adelaide L. Rose, Bryan A. Guarente, Delaware Annual Conference and to Ogden Fire Company No. 1 of Boothwyn by Senator Bell. Congratulations of the Senate were extended to the Retired and Senior Volunteer Program of Delaware County by Senators Bell and Loeper. Congratulations of the Senate were extended to Sam Miller, Mark Hoke, Suzanne Leiss Robson, Carol Johnson Hay~s, Charles Curtis White, Sr., George Schodowski, Friendship Flre Company, Elco High School Girls' Basketball Team and to the Lebanon County Historical Society by Senator Brightbill. Congratulations of the Senate were extended to Dr. Richard D. Derstine, Matthew J. Gerdes, Arthur H. Rhodes III, Daniel Craig Carman, Richard Mellon, Matthew Read, Benedict Heinz, Matthew Bnmner and to Woods Services of Langh~e by Senator Conti. Congratulations of the Senate were extended to Gregory A Leister, Kenneth Leroy Barnett, W. Thomas Hanelly, Matthew S. Fiore, Michael J. Domalski, Scott Charles Stuck, Lee L. Lowry, Pennsylvania State University Lady Lions Basketball Team, Pennsylvania State University Ice Hockey Team, Pennsylvania State University Fencing Team and to the Lewistown Area High School Girls' Basketball Team by Senator Corman. Congratulations of the Senate were extended to Marvin and Hannah Kamin and to Sean Patrick Geis by Senator Costa. Congratulations of the Senate were extended to Kevin A. Eisenhart by Senator Delp. Congratulations of the Senate were extended to John Michael Klinge, Girard High School Girls' Basketball Team and to Fairview Township by Senator Earll. Congratulations of the Senate were extended to Joan Bowman by Senator Furno. Mrs. Earl Flinch, Mr. and Mrs. Charles F. Roeder, the Honorable Curt Schroder, Michael M. Korom, Kelly Weaber and to Keith Young by Senator Gerlach. Congratulations of the Senate were extended to John Michael Fay by Senator Greenleaf. Mrs. James V. Gurto, Laura Shelley, Justin W. Flowers, Erik ColI, Stephen Michael Stavar, Debra J. Borkovich, Hampton Boys' Swim Team, Shaler Area Varsity Cheerleading Squad and to the Shaler Area Junior Varsity and Freshman Cheerleading Squads by Senator Hart. Mrs. Glenn Herbert Eyer, Mr. and Mrs. Franklin O. Rinker, Jr., Mr. and Mrs. John D. Nogle, Sr., Kelly Hennessy, Lee Allen Hardin, Todd Michael Raup and to Anthony Rivera by Senator Helfrick. Congratulations of the Senate were extended to Geno Auriemma, James David Evans, Chuck Wagner, Steve Godshall, Barry Moyer, Timothy T. Evans, Richard F. Gerhart, Carl J. Giuranna, Joan E. Moser, Melissa Godshall, James Gulick, Nancy Hoelzle Shore, Trinity Health Care Alliance, Manderach Memorial Recreation Committee, Lions Oub International, District 14-R, Harleysville Rotary Club and to the Montgomery County Firemen's Association by Senator HoI!. Congratulations of the Senate were extended to Karas Lamb and to the Trauger Family by Senator Hughes. Mrs. Nelson 1. Weyant, Mr. and Mrs. Richard 1. Meintel, Mr. and Mrs. Leroy Hall, Mr. and Mrs. Ralph Scott, Mr. and Mrs. William M. Perrin, Lee D. Swinsburg, James C. O'Harrow, William N. Miller, Leo 1. Gensante, Jr., Walter L. Curfman, Jerry L. Dunkle, James W. Scott, Francis V. Barnes, Edward A. Vollbrecht, Harold E. Detwiler and to Peter Mastos by Senator Jubelirer. Mrs. Millard Spory and to Marc Marinchak by Senator Kasunic. Congratulations of the Senate were extended to Reverend James McDowell and to Albert Einstein Medical Center's Ancillary Hospital Services Program by Senator Kitchen.

1998 LEGISLATIVE JOURNAL - SENATE 1797 Congratulations of the Senate were extended to Matthew David Blankette, Daniel Jacob Bates, Carl J. Matt, Joseph M. Tkach, the Honorable John P. Murtha, Glenn R. Plummer, Edward M. Falla, Frank A. Cassell and to the WesUlloreland County Boroughs Association by Senator Kukovich. Mrs. John W. Anderson and to Roy E. Stubbins by Senator LaValle. Mrs. Harold Hontz, Daniel M. Nestorick, Joseph Elliot Ide, Anne R. Hardy, Helen B. Foster, Richard Bartholomew, Daniel Lynn, Kirk S. Hinkley, Forest City Lions Club, Woodloch of Pike County and to the Nursing Staff of the Endless Mountains Health System of Montrose by Senator Lemmond. Mrs. John Tajirian, Francis P. Hogan, Erik Kollar, Daniel Sunshine, Louis E. Taylor, Jr., and to the Aldan Woman's Dub by Senator Loeper. Mrs. James LaForme, Mr. and Mrs. Sherman Burke, Mr. and Mrs. Hiram G. Wood, Jr., Mr. and Mrs. Bernard Monison, Mr. and Mrs. Lloyd Huffman, Mr. and Mrs. Walter C. Harris, Mr. and Mrs. Nicholas Chacona, Mr. and Mrs. Edward S. Little, Mr. and Mrs. Ronald M. Webster, Mr. and Mrs. Milton Williams, Mr. and Mrs. Vincent R. A. Crouse, Mr. and Mrs. George D. Phillips, Oscar Harris, Edgar Harris, Christopher Jackson, Gabe Webster and to Trevor Baker by Senator Madigan. Mrs. Eugene J. Bourger, Mr. and Mrs. Frank Calafut, Rabbi Jack Werbin, John Segilia, Michelle Chichilla, Steven L. Davis, Lourdesmont, Abington Heights Civic League, Carbondale Business and Professional Women's Club, Ladies Ancient Order of Hibernians of Lackawanna County, Scranton Hebrew Day School, Career Technology Center of Lackawanna County, Scranton-Lackawanna Jewish Federation and to Creative Design and Machining, Inc., of Clarks Summit by Senator Mellow. Congratulations of the Senate were extended to Dr. John M. Templeton, Jr., Dr. Gilmore B. Seavers, Joseph Reany, Frank J. Fiscella, Ben Kain, Elma T. Kreps, Warren Holland, Lamar Sheckard, Thelma Billow, John C. Traub, Kristopher D. Haag and to The Center for Independent Living of Central Pennsylvania, Inc. by Senator Mowery. Congratulations of the Senate were extended to Central Pennsylvania Insurance Day by Senator Mowery and others. Mrs. Richard Chappel, David W. Foley, Jr., Brian Hutton, Charles Bates, Sara Trohaugh, Mike Minella, Mt. Lebanon Police Association, South Hills Firemen's Association, Peters Township High Schoof Boys' 200-Meter Freestyle Relay Swim Team, Upper St. Clair High School Girls' Golf Team, South Hills Area Council of Governments and to Chartiers Valley School District 1997-1998 Boys' Varsity Basketball Team by Senator Murphy. Congratulations of the Senate were extended to Henrietta R. Kelly, Dr. John F. Callahan, Phil Ciavarella, Jack Smith, Jr., Paul J. Maher, Herbert D. Nash, Jr., and to St. Mary's Roman Catholic Church of Our Lady Help of Christians of Dorrance by Senator Musto. Congratulations of the Senate were extended to the Pittston Councils, 4-A and 4-B, District XIV of the Polish Women's Alliance, by Senators Musto, Mellow, and Lemmond. Congratulations of the Senate were extended to Dave Babb, Stevan Moyer, Karl Stauffer, Robert Hillegas, Dr. Richard P. Flannery, George Albert, Lieutenant General Hunter Liggett VFW Post No. 38, citizens of West Reading Borough, Reading American Little League and to the Boyertown Lions Community Ambulance Association by Senator O'Pake. Mrs. Bernard R. Rife, Duquesne Freeman McKamey, Katie Pamela Trouttnan, Carrie Melissa Hawk, Brenda Suzanne Bryson, Rhea Lynn, Janyce S. VanSickle, Kiwanis Club of Harrisburg, Harrisburg High School Boys' Varsity Basketball Team, Steelton-Highspire High School Boys' Basketball Team, Mr. Mikes YMCA Midget League Twelve and Under Basketball Team, Camp Curtin YMCA All-Star Midget Twelve and Under Basketball Team, Dauphin County Bar Association, Millersburg railroad passenger station and to the Child Evangelism Fellowship of Eastern Pennsylvania, Inc., by Senator Piccola. Congratulations of the Senate were extended to Milton W. Garland, Grace Church of Greencastle and to the National Association of Retired Federal Employees Chapter 1063 by Senator Punt. Congratulations of the Senate were extended to Allenberry Playhouse of Boiling Springs by Senators Punt and Mowery. Mrs. Nicholas Valeno, Mr. and Mrs. Samuel K. Deibert, Margaret Aschman, Mary Holige, William S. Rutecky, James C. Cicero, James J. Somers, James L. Fleming, citizens of Cass Township and to the citizens of the Borough of Palmerton by Senator Rhoades. Mrs. Allen Wilson Bestwick, the Honorable Eugene C. Pacsi, Jeremy Sample, Cyrus Justin Thomas, Isador Steiner, Matthew David Puhl, R. Keith Hough, TImothy P. McGregor, Stephen E. Fabian, Gregory Nageotte, Conneaut Lake Park Volunteer Ftre Department, Linesville VFW Ladies Auxiliary, Post 7842, Mercer County Regional Council of Government and to the Jefferson/Clark Regional Police Department of Mercer by Senator Robbins. Congratulations of the Senate were extended to Jack E. Swiker by Senator Salvatore. Congratulations of the Senate were extended to Michael DeCrescio, Alexandra Oversky, Stephanie Moyerman, Llord Baron Cross, the Honorable Charles H. Coffeld and to the Joseph 1. Greenberg School by Senator Schwartz. Congratulations of the Senate were extended to Gary Gerber, Peter James Berg, Norma Lloyd, Nick Z3meroski, Dave Shilk, Nate Luch, Justin Costion, Greg Puncheon, Mike Predko, Brad Dutchot, Paul Shilk, Dave Predko, Joe Bolitiski, Jeremiah Steger, Curt Gerber, Josh Gustafson, Chris Shilk, Bruno Iorfido, Matt Buhler, Scott Brigger, Scott Cyphert, Andy

1798 LEGISLATIVE JOURNAL - SENATE APRIL 20, Steger, Ronald Byron Walter, Jr., and to Ian Matthew McAninch by Senator Slocum. Mrs. Ralph Shultz, Ryan Reich and to J. Robert Orange by Senator Stapleton. Mrs. William Bilby, Mr. and Mrs. Moo Ropele, Dena Taucher, Dean F. Casciola, Connie Shoaf, Autumn Marisa and to the Little Lake Theatre Company by Senator Stout. Congratulations of the Senate were extended to Richard A. McCurdy, Jr., by Senator Tartaglione. Congratulations of the Senate were extended to Susan L. Arnette, Elva L. Bankins, Sabina Kazimierczyk, Benham C. Giess, Ellen Langas Campbell and to the O1eshire Youth Brass Band of Cheshire County, England, by Senator Thompson. Congratulations of the Senate were extended to Walter M. Hank, Jr., Susan D. Ravenscroft and to Lucinda Duncalfe by Senator Tilghman. Congratulations of the Senate were extended to Paul Lutz, Barbara Franecki, Blanche Craven, Bernard P. Bires, Irene Louise Andrulis, Wtlliam H. Barnes, Thomas J. Augustin, LaDy Marsball, Patticia J. Amoroso, Langhorne Women's Oub and to the Pennsbury School District by Senator Tomlinson. Mrs. Clarence Rappe, Adam Taylor Bet and to the Lehigh Valley Chapter of Professional Secretaries International by Senator Uliana. Congratulations of the Senate were extended to Rebekah Morgan, Nicole Brown, Christine Federline, Reverend Nancy AdamS, Candace Curie, Annamae Goff, Pamela Pillsbury, Margaret Sipple, the Honorable Kimberly McFadden and to Eleanor Boylston by Senators Uliana and Mflerbach. Congratulations of the Senate were extended to the Borough of Emsworth, Kennedy Township Boys' Baseball League and to the Kennedy Township Independent Volunteer Fue Company by Senator Wagner. Congratulations of the Senate were extended to Ryan E. McDmoyle, Michael C. Lowe and to East Hempfield Township by Senator Wenger. Congratulations of the Senate were extended to Andrew Dean Measel, Don Hanby, Ken Hanby, Peter Dalby, Wman McCall, Lama Grady, Erin Casey, Andrew J. Stahura, Gregory Deal and to the Fust Baptist O1urch of Limestone by Senator White. Congratulati.ons of the Senate were extended to Frank Palaggo by Senators White and Slocum. Congratulations of the Senate were extended to Reverend Wtlliam H. Smallwood and to Lincoln University by Senator Williams. Mrs. Paul L. Bezilla, Mr. and Mrs. Vic Bako, Mr. and Mrs. William Yaple, Mr. and Mrs. Elden Nelson, Michael 1. Hudack, Michael 1. Rager, Daniel W. Gulnac, Todd C. Allison and to Carl Keifer III, by Senator Wozniak. CONDOLENCE RESOLUTIONS The PRESIDENT pro tempore 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 CarlO. Hausler and to the family of the late Myron P. Wehr by Senator Mflerbach. Condolences of the Senate were extended to the family of the late Richard E. Pollard by Senator Costa. Condolences of the Senate were extended to the family of the late Walter Elwood Brandon by Senator Hughes. Condolences of the Senate were extended to the family of the late Lillian-Porter Scott by Senator Williams. PETITIONS AND REMONSTRANCES The PRESIDENT pro tempore. The Chair recognizes the gentlewoman from Philadelphia, Senator Kitchen. Senator KITCHEN. Mr. Presiden~ in the name of progress, Pennsylvania is changing the way its neediest citizens put food on their table, pay their rent, and get medical care for themselves and their children. The State is implementing a new electronic benefit transfer system that uses debit cards to distribute food stamps, cash assistance, and Medical Assistance. Progress, Mr. President, can be a wonderful thing. It can improve people's lives, it can make government more efficien~ it can save time and money. But progress can also be traumatic, especially when it is confusing, especially when it does not work. That is exactly what is happening with the new debit cards. The computers that control the benefits are often down and, as a result, store employees are unable to verify the amount of money in a recipient's account. The system sounds good in theory, but it is not working in the real world, the world occupied by people who need food stamps and cash assistance to survive. I am afraid, Mr. Presiden~ that the administration and many of my colleagues do not understand what it is like to be a Pennsylvanian and poor. They do not understand that people who have never used MAC cards fmd it hard to use a debit card to buy groceries. They do not understand that there are few grocery stores in poor neighborhoods, and, sadly, the administration does not seem to understand that its fancy new electronic benefit system is traumatizing to many of the people it is supposed to help. The new debit card system may work someday, but it is clearly not working now. I have asked the administtation to suspend the system until it can meet the needs of benefit recipients and merchants. I am not asking the administration to abandon the electronic benefit transfer system. I believe the system can work and I would be happy to help the administration find ways to make it work. But right now, Mr. Presiden~ the system is doing more harm than good. It is making it harder, not easier, for people to get the help they need, and it is placing an unfair burden on merchants who must pay a fee for transactions made with the new debit cards, which was not in the agreement.