COMMONWEALTH. OF PENNSYLVANIA iltgildatiut Jnunud MONDAY, JUNE 13, 1983 SESSION OF 1983 167TH OF THE GENERAL ASSEMBLY No. 43 SENATE MONDAY, June 13, 1983. The Senate met at 2:00 p.m., Eastern Daylight Saving Time. The PRESIDENT pro tempore (Henry G. Hager) in the Chair. PRAYER The Chap.lain, the Reverend Mr. DARWYN NACE, Pastor of Felton/Bethany United Methodist Church, Felton, offered the following prayer: Let us pray. Our kind Heavenly Father, we thank You for this privilege of prayer. We are grateful for this new day of life. Help us, we pray, to accept the responsibilities that come with each new experience in life. Guide us as we make decisions that will affect so many people in this great Commonwealth. Give us courage to stand by our convictions and ultimately strive to do that which is well pleasing in Thy sight. For we pray in the Master's name. Amen. The PRESIDENT pro tempore. The Chair thanks the Reverend Mr. Nace who is the guest this week of Senator Hess. JOURNAL APPROVED The PRESIDENT pro tempore. A quorum of the Senate being present, the Clerk will read the Journal of the preceding Session of June 8, 1983. The Clerk proceeded to read the Journal of the preceding Session, when, on motion of Senator JUBELIRER, further reading was dispensed with, and the Journal was approved. LEGISLATIVE LEAVES Senator JUBELIRER. Mr. President, I request legislative leaves of absence for Senator Hopper and Senator Shumaker who are attending the hearing of the Committee on Aging and Youth. Senator SCANLON. Mr. President, I request a legislative leave of absence for the entire week for Senator Reibman. I request a legislative leave of absence, for today only, for Senator Andrezeski. I also request temporary legislative leaves of absence, until around 4:00 p.m., for Senator Zemprelli and Senator Furno. The PRESIDENT pro tempore. The Chair hears no objection and the leaves are granted. LEAVES OF ABSENCE Senator JUBELIRER asked and obtained leave of absence for Senator WILT, for today's Session, for personal reasons. Senator SCANLON asked and obtained leave of absence for Senator ROMANELLI, for the week, for personal reasons. COMMUNICATIONS FROM THE GOVERNOR RECALL COMMUNICATION REFERRED TO COMMITTEE following communication in writing from His Excellency, the Governor of the Commonwealth, which was read as follows, and referred to the Committee on Rules and Executive Nominations: DISTRICT JUSTICE June 8, 1983. In accordance with the power and authority vested in me as Governor of the Commonwealth, I do hereby recall my nomination dated June 7, 1983 for the appointment of Mabel Ann Jarrett, 309 Christine Drive, Aliquippa 15001, Beaver County, Forty-seventh Senatorial District, as District Justice in and for the County of Beaver, Magisterial District 0103, to serve until the first Monday of January, 1984, vice John J. Ayoob, resigned. I respectfully request the return to me of the official message of nomination on the premises. RECALL COMMUNICATION LAID ON THE TABLE The PRESIDENT pro ternpore laid before the Senate the following communication in writing from His Excellency, the Governor of the Commonwealth, which was read as follows, and laid on the table: MEMBER OF THE BOARD OF TRUSTEES OF PHILADELPHIA STATE HOSPITAL June 9, 1983.
628 LEGISLATIVE JOURNAL-SENATE JUNE 13, In accordance with the power and authority vested in me as Governor of the Commonwealth, I do hereby recall my nomination dated April 18, 1983 for the appointment of Lila Cohen, 814 Barlow Street, Philadelphia 19116, Philadelphia County, Fifth Senatorial District, as a member of the Board of Trustees of Philadelphia State Hospital, to serve until the third Tuesday of January, 1987, and until her successor is appointed and qualified, vice Joseph H. Edelman, Philadelphia, resigned. I respectfully request the return to me of the official message of nomination on the premises. HOUSE MESSAGES HOUSE BILLS FOR CONCURRENCE The Clerk of the House of Representatives presented to the Senate the following bills for concurrence, which were referred to the committees indicated: June 8, 1983 BB 177 - Committee on Education. June 9, 1983 BB 753 - Committee on State Government. GENERAL COMMUNICATIONS BILLS INTRODUCED AND REFERRED following Senate Bills numbered, entitled and referred as follows, which were read by the Clerk: June 8, 1983 Senator GREENLEAF presented to the Chair SB 818, entitled: An Act creating the Pennsylvania Conservation Corps for the purpose of conserving and enhancing Pennsylvania's natural resources and providing employment and training for young people in Pennsylvania. Which was committed to the Committee on ENVIRON MENT AL RESOURCES AND ENERGY, June 8, 1983. Senator GREENLEAF presented to the Chair SB 819, entitled: An Act amending the act of December 8, 1982 (P. L. 848, No. 235), entitled "Highway-Railroad and Highway Bridge Capital Budget Act for 1982-1983," further providing for an additional bridge replacement in Montgomery County. Which was committed to the Committee on APPROPRI ATIONS, June 8, 1983. Senators PECORA, LOEPER, STOUT, HELFRICK, WENGER, SHUMAKER, BODACK, RHOADES, BRIGHTBILL, KRATZER and SHAFFER presented to the Chair SB 820, entitled: An Act amending the act of April 14, 1972 (P. L. 233, No. 64), entitled "The Controlled Substance, Drug, Device and Cosmetic Act," further providing for penalties. Which was committed to the Committee on JUDICIARY, June 8, 1983. Senators BELL, MOORE, SHUMAKER, STAPLETON, KRATZER and MUSTO presented to the Chair SB 821, entitled: An Act amending the act of June 24, 1976 (P. L. 424, No. IOI), entitled, as amended, "Emergency and Law Enforcement Personnel Death Benefits Act,' further providing for benefits for volunteer ambulance and rescue squad members. Which was committed to the Committee on,labor AND INDUSTRY, June 8, 1983. Senators KUSSE and SHAFFER presented to the Chair SB 822, entitled: An Act amending the act of August 23, 1967 (P. L. 251, No. 102), entitled, as amended, "Industrial and Commercial Devel~ opment Authority Law," further providing for the removal of authority board members and for competitive bids on certain contracts. Which was committed to the Committee on COMMU NITY AND ECONOMIC DEVELOPMENT, June 8, 1983. Senators LOEPER, SINGEL, REIBMAN, CORMAN, EARLY, BODACK and STOUT presented to the Chair SB 823, entitled: An Act providing legal defense to health care providers for health care reporting requirements. Which was committed to the Committee on BANKING AND INSURANCE, June 8, 1983. Senators RHOADES, HELFRICK, HESS and PECORA presented to the Chair SB 824, entitled: An Act amending the act of July 7, 1980 (P. L. 380, No. 97), entitled "Solid Waste Management Act," providing for public notice of permit applications. Which was committed to the Committee on ENVIRON MENT AL RESOURCES AND ENERGY, June 8, 1983. Senators RHOADES, JUBELIRER, SHAFFER, SINGEL, LOEPER, BELL, REIBMAN, HELFRICK, SHUMAKER, FISHER, O'CONNELL, PECORA, CORMAN, BRIGHTBILL, MUSTO, HAGER, HOPPER, KRATZER, WENGER, LINCOLN, GREENLEAF, STOUT and HESS presented to the Chair SB 825, entitled: An Act creating the Pennsylvania Job Skills Corporation; granting it certain powers; establishing grants-in-aid for educational institutions; and making an appropriation. Which was committed to the Committee on LABOR AND INDUSTRY, June 8, 1983. Senators ROMANELLI, SCANLON, ZEMPRELLI, FISHER, BRIGHTBILL, BODACK and EARLY presented to the Chair SB 826, entitled: An Act making an appropriation to the Duquesne University Tamburitzans' Institute of Folk Arts in Pittsburgh, Pennsylvania. Which was committed to the Committee on APPROPRI ATIONS, June 8, 1983. Senator TILGHMAN presented to the Chair SB 827, entitled:
1983 LEGISLATIVE.iOURNA.L-SEN.A:TE 62.9 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 July 1, 1983 to June 30, 1984, and for the payment of bills incurred and remaining unpaid at the close of the fiscal year ending June 30, 1983; and providing for an appropriation for the fiscal year July 1, 1983 to June 30, 1984 from the State Lottery Fund for aging programs. Which was committed to the Committee on APPROPRI ATIONS, June 8, 1983. Senators EARLY, STOUT, BODACK, SINGEL, WILLIAMS, LYNCH, LLOYD, ROCKS and O'PAKE presented to the Chair SB 828, entitled: An Act providing for credits against personal income tax to certain persons for real estate taxes and rental payments. Which was committed to the Committee on FINANCE, June 8, 1983. Senators LLOYD, ROCKS, REIBMAN, STAPLETON, O'PAKE, PECORA, LINCOLN, HELFRICK, LEWIS, ROMANELLI, FUMO, KELLEY and LYNCH presented to the Chair SB 829, entitled: An Act establishing a program of pharmaceutical assistance to the aged; imposing powers and duties on the Department of Revenue; establishing a payment system; making provisions for funding; providing for reports; and fixing penalties for violations of the act. Which was committed to the Committee on AGING AND YOUTH, June 8, 1983. Senators LLOYD, ROCKS, REIBMAN, STAPLETON, O'PAKE, PECORA, LINCOLN, HELFRICK, LEWIS, ROMANELLI, FUMO, KELLEY and LYNCH presented to the Chair SB 830, entitled: An Act amending the act of August 26, 1971 (P. L. 351, No. 91), entitled "State Lottery Law," further providing for payments from the State Lottery Fund to support a pharmaceutical assistance program. Which was committed to the Committee on AGING AND YOUTH, June 8, 1983. Senators JUBELIRER, SNYDER, HOWARD,. HELFRICK, O'PAKE, FISHER and REIBMAN presented to the Chair SB 831, entitled: A Joint Resolution proposing an amendment to the Constitution of the Commonwealth of Pennsylvania, providing for selection of justices of the Supreme Court and judges of other statewide courts. Which was committed to the Committee on JUDICIARY, June 8, 1983. Senators O'PAKE, HESS, ROMANELLI, ROSS, WILT, REIBMAN, HANKINS, EARLY, WILLIAMS, ROCKS, MUSTO and LINCOLN presented to the Chair SB 832, entitled: An Act requiring certain mandatory policy provisions in accident and sickness insurance policies to provide benefits for alcohol abuse, drug abuse and mental illness treatment; and making a repeal. Which was committed to the Committee on BANKING AND INSURANCE, June 8, 1983. Senators KELLEY and GREENLEAF presented to the Chair SB 833, entitled: An Act amending the act of April 12, 1951 (P. L. 90, No. 21), entitled "Liquor Code," providing for the licensing of privatelyowned retail liquor stores and wholesale distributors and making certain repeals; establishing a Commission of Licensure, Sales and Divestiture: granting certain authority to the Department of General Services; establishing penalties; and making an appropriation. Which was committed to the Committee on LAW AND JUSTICE, June 8, 1983. Ser:.ators HANKINS, SINGEL, PECORA, BELL, FUMO, O'PAKE, EARLY, REIBMAN, WILLIAMS, STREET, SCANLON, ANDREZESKI, STOUT, HAGER, MOORE, LINCOLN, BODACK, MELLOW, SHUMAKER, KUSSE, ZEMPRELLI, ROSS, LOEPER, LLOYD, STAPLETON, LYNCH, HOLL, RHOADES, BRIGHTBILL, MUSTO, WENGER, ROCKS, ROMANELLI, LEWIS and O'CONNELL presented to the Chair SB 834, entitled: An Act declaring a policy of the Commonwealth with regard to small, minority and female-owned business concerns; creating the Job Creation and Small Business Assistance Council; providing for the operation of the council; establishing a designated small business contract program; establishing a procedure for the solicitation of bids; and providing for an annual report to the Governor and General Assembly. Which was committed to the Committee on ST A TE GOV ERNMENT, June 8, 1983. Senators HANKINS and ROCKS presented to the Chair SB 835, entitled: An Act authorizing and directing the Department of General Services, with the approval of the General State Authority and the Department of Transportation, to sell and convey to the Medical College of Pennsylvania 0.8538 acres of land, more or less, situate in the City of Philadelphia, Commonwealth of Pennsylvania. Which was committed to the Committee on STATE GOV ERNMENT, June 8, 1983. LOCAL GOVERNMENT FINANCIAL STATISTICS following communication, which was read by the Clerk as follows: COMMONWEAL TH OF PENNSYLVANIA Department of Community Affairs Harrisburg 17120 Mark Corrigan, Secretary Senate of Pennsylvania 462 Main Capitol Building Harrisburg, Pennsylvania Dear Mr. Corrigan: June 8, 1983 Section 1209, paragraph (c) of the Administrative Code of 1929 provides that the Department of Community Affairs shall prepare comparative local government financial statistics for Pennsylvania municipalities. This Section also provides that these data shall be submitted to the General Assembly.
630 LEGISLATIVE JOURNAL-SENATE JUNE 13, We understand that it is the policy of the Secretary of the Senate that all publications and reports submitted to members of the Senate shall flow through your office. The information we are submitting pertains specifically to. counties and municipalities in each Senatorial District and is not identical in content. We have prepared packets addressed to each Senator which contains that information which pertains to his or her District and will appreciate your distribution of these packets to each Senator. We are providing herewith, a complete set of individual releases of local government financial statistics by county for your information. We also appr.eciate tlie cooperation shown us by the Office of the Secretary of the Senate in past distributions of these data. us. If you have any inquiry regarding this matter, please contact Sincerely yours, C. DONALD HERBSTER Chief, Municipal Statistics and Records Division Bureau of Local Government Services The PRESIDENT pro tempore. This report will be filed in the Library. AUDITOR GENERAL'S CERTIFICATE following communication, which was read by the Clerk as follows: COMMONWEALTH OF PENNSYLVANIA Office of the Auditor General Harrisburg 17120 The Honorable Henry G. Hager President Pro Tempore of the Senate Commonwealth of Pennsylvania Room 292 Capitol Harrisburg, PA 17120 Dear Senator Hager: June 13, 1983 In accordance with the provisions of Article VIII, Section 7 of the Constitution of the Commonwealth of Pennsylvania and Section 4(b) of the Capital Facilities Debt Enabling Act of 1969, the Governor has requested a certificate in connection with the settlement of the sale of the Commonwealth of Pennsylvania bonds in the principal amount of eighty five million dollars on May 24, 1983. A duplicate original of my certificate is enclosed herewith. Sincerely, AL BENEDICT Auditor General (Section 7(a)4 and (c) and Section 4(b) of the Capital Facilities Debt Enabling Act (Act of July 20, 1968, P.L. 550 (Act No. 217) as amended by Section 3 of the Act of July 24, 1969, P.L. 183 (Act No. 75)) certify as follows: The amount of the outstanding net debt as of the date of this certificate is. $3, 766,206,000.00 The difference between the limitation upon all net debt outstanding as provided in Article VIII, Section 7(a)(4) of the Constitution of Pennsylvania and the amount of outstanding net debt as of the date of this certificate is. $10,003,350,893.00 IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of the Auditor General, this 15th day of June, 1983. AL BENEDICT Auditor General Commonwealth of Pennsylvania REPORTS FROM COMMITTEES Senator TILGHMAN, from the Committee on Appropriations, reported the following bill: SB 827 (Pr. No. 962) 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 July 1, 1983 to June 30, 1984, and for the payment of bills incurred and remaining unpaid at the close of the fiscal year ending June 30, 1983; and providing for an appropriation for the fiscal year July 1, 1983 to June 30, 1984 from the State Lottery Fund for aging programs. Senator GREENLEAF, from the Committee on Law and Justice, reported the following bills: SB 608 (Pr. No. 971) (Amended) An Act amending the act of April 12, 1951 (P. L. 90, No. 21), entitled "Liquor Code," further providing for the status of a license; and requiring the board to review the tax liabilities of licensees prior to the issuance of any renewal of a license. SB 615 (Pr. No. 679) An Act amending the act of April 12, 1951 (P. L. 90, No. 21), entitled ''Liquor Code,'' further providing for certain suspensions and revocations, and for the effect of certain appeals; and making editorial changes. SB 661 (Pr. No. 972) (Amended) AUDITOR GENERAL'S CERTIFICATE Pursuant to ARTICLE VIII, Section 7(a)(4) and (c) of the CONSTITUTION OF PENNSYLVANIA and the Act of July 20, 1968, Act No. 217, as amended To The Governor and The General Assembly: I, AL BENEDICT, Auditor General of the Commonwealth of Pennsylvania, pursuant to the Pennsylvania Constitution An Act amending the act of April 9, 1929 (P. L. 177, No. 175), entitled "The Administrative Code of 1929,'' further providing for enforcement agents of the Liquor Control Board. Senator WILT, from the Committee on Public Health and Welfare, reported the following bill: SB 795 (Pr. No. 924) An Act amending the act of November 30, 1976 (P. L. 1207, No. 265), entitled "Emergency Medical Services Systems Act," extending the expiration date of the act.
1983 LEGISLATIVE JOURNAL-SENATE 631 GENERAL COMMUNICATIONS DISCHARGE PETITIONS following communication, which was read by the Clerk as follows: In the Senate, June 13, 1983. We, the Senators whose signatures are affixed hereto respectfully request that the Honorable William W. Scranton, III, as presiding officer of the Senate of the Commonwealth of Pennsylvania, place the nomination hereafter set forth before the Senate for a vote pursuant to the provisions of Article IV, Section 8(b) of the Constitution of the Commonwealth of Pennsylvania which provides in part "... The Senate shall act on each executive nomination within 25 legislative days of its submission. If the Senate has not voted upon a nomination within 15 legislative days following such submission, any five members of the Senate may, in writing, request the presiding officer of the Senate to place the nomination before the entire Senate body whereby the nomination must be voted upon prior to the expiration of five legislative days or 25 legislative days following submission by the Governor, whichever occurs first... " We respectfully set forth the following facts relative to the nomination hereinafter set forth: 1. The nomination was presented to the Senate on April 12, 1983;and 2. The nomination has been before the Senate for a period of time in excess of 15 legislative days. The nominee in the position is as follows: Edward H. Reever Prothonotary York County Edward P. Zemprelli Eugene F. Scanlon Robert J. Mellow Francis J. Lynch James E. Ross following communication, which was read by the Clerk as follows: In the Senate, June 13, 198l, We, the Senators whose signatures are affixed hereto respectfully request that the Honorable William W. Scranton, III, as presiding officer of the Senate of the Commonwealth of Pennsylvania, place the nomination hereafter set forth before the Senate for a vote pursuant to the provisions of Article IV, Section 8(b) of the Constitution of the Commonwealth of Pennsylvania which provides in part "... The Senate shall act on each executive nomination within 25 legislative days of its submission. If the Senate has not voted upon a nomination within 15 legislative days following such submission, any five members of the Senate may, in writing, request the presiding officer of the Senate to place the nomination before the entire Senate body whereby the nomination must be voted upon prior to the expiration of fiv.e legislative days or 25 legislative days following submission by the Governor, whichever occurs first.... " We respectfully set forth the following facts relative to the nomination hereinafter set forth: 1. The nomination was presented to the Senate on April 12, 1983;and 2. The nomination has been before the Senate for a period of time in excess of 15 legislative days. The nominee in the position is as follows: Stephen KonKolics Member Board of Trustees, Mansfield State College Edward P. Zemprelli Eugene F. Scanlon Robert J. Mellow Francis J. Lynch James E"" Ross The PRESIDENT pro tempore. The communications will be laid on the table. SENATE CONCURRENT RESOLUTION WEEKLY ADJOURNMENT Senator SHUMAKER offered the following resolution, which was read as follows: In the Senate, June 13, 1983. RESOLVED, (the House of Representatives concurring), That when the Senate adjourns this week it reconvene on Monday, June 20, 1983 unless sooner recalled by the President Pro Tempore and when the House of Representatives adjourns this week it reconvene on Monday, June 20, 1983 unless sooner recalled by the Speaker. Will the Senate adopt the resolution? SENATE CONCURRENT RESOLUTION ADOPTED Senator SHUMAKER. Mr. President, I move that the Senate do adopt this resolution. Wil1 the Senate agree to the motion? The yeas and nays were taken agreeably to the provisions of the Constitution and were as follows, viz: YEAS-48 Andrezeski Hess Lynch Shaffer Bell Holl Mellow Shumaker Bodack Hopper Moore Singe I Brightbill Howard Musto Snyder Corman Jube!irer O'Connell Stapleton Early Kelley O'Pake Stauffer Fisher Kratzer Pecora Stout Furno Kusse Reibman Street Greenleaf Lewis Rhoades Tilghman Hager Lincoln Rocks Wenger Hankins Lloyd Ross Williams Helfrick Loeper Scanlon Zemprelli NAYS-0 A constitutional majority of all the Senators having voted "aye," the question was determined in the affirmative, and the resolution was adopted. Ordered, That the Secretary of the Senate present the same to the House of Representatives for concurrence.
632 LEGISLATIVE JOURNAL-SENATE JUNE 13, GUESTS 01'' SENATOR ROBERT J. KUSSE PRESENTED TO SENATE Senator KUSSE. Mr. President, in the gallery today I have two guests from my district. They are Mr. and Mrs. Michael Vinopahl. Mike and his wife are both teachers in the school system back in the Twenty-fifth District. I would appreciate it if the Senate would extend to them their usual warm welcome. The PRESIDENT pro tempore. If Mr. and Mrs. Vinopahl will please rise, the Members of the Senate would like to extend to you a very warm welcome. (Applause.) RECESS Senator JUBELIRER. Mr. President, at this time I request a recess of the Senate for the purpose of a meeting of the Committee on Rules and Executive Nominations to begin immediately in the Rules Committee room at the rear of the Senate Chamber. Immediately thereafter, I ask the Republican Members of the Senate to report to the first floor caucus room for a Republican caucus. It is our expectation to return to the floor by 4:00 p.m. Senator SCANLON. Mr. President, other than those Democratic Members of the Committee on Rules and Executive Nominatioris who should attend that meeting, I ask all other Members of the Democratic caucus to report immediately to the caucus room at the rear of the Senate Chamber. The PRESIDENT pro tempore. For the purpose of a meeting of the Committee on Rules and Executive Nominations which will take place in the Rules Committee room at the rear of the Senate Chamber, and for purposes of Republican and Democratic caucuses immediately thereafter, the Senate is now in recess. AFTER RECESS The PRESIDENT pro tempore. The time of recess having elapsed, the Senate will be in order. CALENDAR BILL ON CONCURRENCE IN HOUSE AMENDMENTS BILL OVER IN ORDER SB 270 Without objection, the bill was passed over in its order at the request of Senator JUBELIRER. LEGISLATIVE LEAVES Senator SCANLON. Mr. President, I request legislative leaves of absence for the rest of the day for Senator Williams and Senator O'Pake. The PRESIDENT pro tempore. The Chair hears no objection and the leaves are granted. LEGISLATIVE LEAVES CANCELLED Senator SCANLON. Mr. President, I would like to cancel the temporary legislative leaves of absence previously requested for Senator Zemprelli and Senator Furno. Senator JUBELIRER. Mr. President, please note the presence of Senator Shumaker and Senator Hopper whose hearing of the Committee on Aging and Youth is over and I ask that their legislative leaves be cancelled. The PRESIDENT pro tempore. The remarks of the gentlemen will be spread upon the record. CONSIDERATION OF CALENDAR RESUMED THIRD CONSIDERATION CALENDAR BILL ON THIRD CONSIDERATION AND FINAL PASSAGE The Senate proceeded to consider SB 218 (Pr. No. 951) - ation of the bill, entitled: An Act amending the act of June 2, 1915 (P. L. 736, No. 338), entitled, as reenacted and amended, ''The Pennsylvania Workmen's Compensation Act," further providing for a division of premium costs among municipalities receiving protection from the same volunteer fire company. Considered the third time and agreed to, And the amendments made thereto having been pfinted as required by the Constitution, Shall the bill pass finally? The yeas and nays were taken agreeably to the provisions of the Constitution and were as follows, viz: Andrezeski Bell Bodack Brightbill Corman Early Fisher Furno Greenleaf Hager Hankins Helfrick Hess Holl Hopper Howard Jubelirer Kelley Kratzer Kusse Lewis Lincoln Lloyd Loeper YEAS-48 Lynch Mellow Moore Musto O'Connell O'Pake Pecora Reibman Rhoades Rocks Ross Scanlon NAYS-0 Shaffer Shumaker Sing cl Snyder Stapleton Stauffer Stout Street Tilghman Wenger Williams Zemprelli A constitutional majority of all the Senators having voted "aye," the question was determined in the affirmative. Ordered, That the Secretary of the Senate present said bill to the House of Representatives for concurrence. BILL ON THIRD CONSIDERATION AMENDED SB 611 (Pr. No. 675) -The Senate proceeded to consideration of the bill, entitled: An Act amending the act of April 12, 1951 (P~ L. 90, No. 21), entitled ''Liquor Code,'' increasing certain penalties; and makinr editorial changes.
1983 LEGISLATIVE JOURNAL-SENATE' 633" Considered the third time, Will the Senate agree to the bill on third consideration? KELLEY AMENDMENT I Senator KELLEY, by unanimous consent, on behalf of himself and Senator GREENLEAF, offered the following amendment: Amend Sec. 1(Sec.471), page 4, line 8, by striking out "(f)" Amend Sec. 1 (Sec. 471), page 4, line 8, by inserting a bracket before "The" Amend Sec. 1 (Sec. 471), page 4, line 8, by striking out the brackets before and after "county" Amend Sec. 1 (Sec. 471), page 4, lines 8 and 9, by striking out "common pleas of" Amend Sec. 1 (Sec. 471), page 4, line 10, by inserting a bracket after "jurisdiction." Will the Senate agree to the amendment? Senator KELLEY. Mr. President, this is a technical amendment that has nothing to do with the substance of the bill. It is only clarifying and updating the language with the changes taking place in the judicial article and the Judicial Code. Senator ZEMPRELLI. Mr. President, I have no problem with that at all. My purpose is that I was not sure which amendment the gentleman was presenting. I did want him to explain in detail the second amendment that he is going to offer because I think it needs to be understood. There might be some confusion on the first part. And the question recurring, Will the Senate agree to the amendment? It was agreed to. Will the Senate agree to the bill on third consideration, as amended? KELLEY AMENDMENT II Senator KELLEY, by unanimous consent, offered the following amendment: Amend Sec. 1 (Sec. 471), page 2, line 21, by striking out "twenty thousand dollars ($20,000)" and inserting: five thousand dollars ($5,000) Will the Senate agree to the amendment? The PRESIDENT pro tempore. Members of the Senate, the amendment which is being explained to the Senate is being explained at the request of one of the Members who wishes to be able to understand the full impact of the amendment. Senator KELLEY. Mr. President, the amendment increases the maximum fine the Liquor Control Board may impose upon a licensee for violations. The current limitation and statute is $1,000. The amendment would increase this to $5,000. As presently in the bill, it is $20,000. The effect of the amendment is to reduce the maximum penalty from $20,000 to $5,000, the civil fine that the board could impose on a licensee. Senator ZEMPRELLI. Mr. President, I desire to interrogate the gentleman from Westmoreland, Senator Kelley. The PRESIDENT pro tempore. Will the gentleman from Westmoreland, Senator Kelley, permit himself to be interrogated? Senator KELLEY. I will, Mr. President. Senator ZEMPRELLL Mr. President, does the gentleman know what the present maximum civil penalty is? Senator KELLEY. Mr. President, $1,000. Senator ZEMPRELLI. Mr. President, is it not true that as collateral for the $1,000 maximum civil penalty the licensee is required to put up a bond in the amount of that maximum? Senator KELLEY. That is correct, Mr. President. Senator ZEMPRELLI. Mr. President, if, in fact, either the amendment that is in the bill now increasing it to $20,000 or the amendment of the gentleman to amend it to $5,000 was adopted, would it be the gentleman's opinion that the licensee would have to change his bond requirements to provide for a $5,000 bond instead of a $1,000 bond? Senator KELLEY. Mr. President, yes, it is my opinion the licensee, upon renewal of the license, or any new license given immediately after the effective date of this bill, assuming the change takes place, would have to increase the bond accordingly. Senator ZEMPRELLI. Mr. President, does Jl}e gentleman know what the cost of that bond would be? That is to say, I believe the' $1,000 bond is now $25 or $30. If there is a variance in the amount of the cost of the bond, does the gentleman have any idea what the cost of the $5,000 bond would be if it were so required? Senator KELLEY. Mr. President, I have no idea what it would be but I assume that it would be in the same ratio as the $1,000 bond is now. Senator ZEMPRELLI. Mr. President, I have no further questions. Mr. President, I happen to have a district in which there are many, many marginal licensees on restaurant licenses, and the question of civil liability is one of collectability and, absent the bond in many of these situations, there would not be an ability to recover the money simply because they are marginal. It is a business that has seen some bad times and most of the licensees that I know in my area are hoping for a better tomorrow. To increase the civil aspect of it just does not seem to make any sense to me. It does not dispose of the criminal aspect of it. That continues to the same full extent as any other violation that constitutes a crime. I am vehemently opposed to any revision. If anything, I would like to see the licensing requirements as to bonding and civil penalties reduced, at least for the period of time until we do have an economic recovery. I would venture to say that 50 percent of the licensees in the Forty-fifth Senatorial District are having just one dickens of a time hacking it out. Unfortunately, if they were to ask for my judgment, I would say for them to go out of business, but that is a judgment they have to make. Everybody looks for the ray of hope at the end of the rainbow which, I think, is part of the great American demo-
634 LEGISLATIVE JOURNAL-SENATE JUNE 13, cratic system. Why we would want to jump on these people to a greater disadvantage at this time for something that is as meaningless as the civil penalty is beyond my comprehension. I will vote for this amendment simply because it is more palatable, more understanding than the grossly repugnant $20,000 civil penalty. I will probably vote against the bill in either event, whether the amendment is in or not, because I believe the civil penalty as it now exists with the bond requirement of $1,000 is more than adequate in light of all of the other remedies that exist for similar type violations. Why should we be dumping 'on these people at a time when they need help? They do not need to be further burdened. Senator GREENLEAF. Mr. President, this issue has come up before and I have had the legal counsel of the Committee on Law and Justice research it on at least two separate occasions. It is our understanding he has concluded on both occasions that these are separate sections dealing with the bond requirements and are not tied into the fine requirements. Therefore, we could increase the maximum fine to whatever we want. My understanding is it would have no effect on the bonding requirements, regardless, since there is so much concern that may not be the case. I have discussed this matter with the gentleman from Delaware, Senator Bell, and a representative from the Tavern Association, and tomorrow I intend to introduce an amendment in clarifying language that will specifically indicate that the bond is not to be affected by the amount of the fine. I do not think it does now but just to be abundantly clear, that amendment will be offered tomorrow. Senator ZEMPRELLI. Mr. President, may we have a roll call vote? And the question recurring, Will the Senate agree to the amendment? (During the calling of the roll, the following occurred:) Senator HANKINS. Mr. President, at this particular time could the Cler.k tell me how he has me recorded as voting on this amendment? The PRESIDENT pro tempore. Senator Hankins, you were recorded in the negative on that amendment. Senator HANKINS. Mr. President, I would like to vote for the amendment. The PRESIDENT pro tempore. The gentleman will be so recorded. The yeas and nays were required by Senator KELLEY and Senator ZEMPRELLI and were as follows, viz: YEAS-47 Andrezeski Hess Lynch Shaffer Bell Holl Mellow Shumaker Bodack Hopper Moore Singe I Brightbill Howard Musto Snyder Corman Jubelirer O'Connell Stapleton Early Kelley O'Pake Stauffer Fisher Kratzer Pecora Stout Furno Kusse Reibman Tilghman Greenleaf Lewis Rhoades Wenger Hager Lincoln Rocks Williams Hankins Lloyd Ross Zemprelli Helfrick Loeper Scanlon Street NAYS-1 A majority of the Senators having voted "aye," the question was determined in the affirmative. And the question recurring, Will the Senate agree to the bill on third consideration, as amended? KELLEY AMENDMENT III Senator KELLEY, by unanimous consent, offered the following amendment: Amend Bill, page 4, by inserting between lines 10 and 11: Section 2. Section 494 of the act, amended May 25, 1956 (1955 P.L.1743, No.583), is amended to read: Section 494. Penalties.-(a) Any person who shall violate any of the provisions of this article, except as otherwise specifically provided, shall be guilty of a misdemeanor and, upon conviction thereof, shall be sentenced to pay a fine of not less than one hundred dollars ($100), nor more than [five hundred dollars ($500)) five thousand dollars ($5,000), and on failure to pay such fine, to imprisonment for not less than one month, nor more than three months, and for any subsequent offense, shall be sentenced to pay a fine not less than three hundred dollars ($300), nor more than [five hundred dollars ($500)) five thousand dollars ($5,000), and to undergo imprisonment for a period not less than three months, nor more than one year. (b) The right of the board to suspend and revoke licenses granted under this article shall be in addition to the penalty set forth in this section. Amend Sec. 2, page 4, line 11, by striking out "2" and inserting: 3 Will the Senate agree to the amendment? Senator KELLEY. Mr. President, this is a companion amendment to the preceding one. This deals with.the criminal authorization and increases the penalties up to $5,000 so they will be uniform. And the question recurring, Will the Senate agree to the amendment? It was agreed to. ~ The PRESIDENT pro tempore. Without objection, Senate Bill No. 611 will go over, as amended. BILL OVER IN ORDER SB 707 - Without objection, the bill was passed over in its order at the request of Senator JUBELIRER. BILL ON THIRD CONSIDERATION AND FINAL PASSAGE The Senate proceeded to consider SB 730 (Pr. No. 828) - ation of the bill, entitled: An Act amending the act of April 12, 1951 (P. L. 90, No. 21), entitled "Liquor Code," extending the hours of operation for certain holders of Sunday sales permits. Considered the third time and agreed to,
1983 LEGISLATIVE JOURNAL-SENATE 635 Shall the bill pass finally? The yeas and nays were taken agreeably to the provisions of the Constitution and were as follows, viz: YEAS-33 Andrezeski Hankins Loeper Rocks Bell Helfrick Lynch Ross Bodack Holl Mellow Scanlon Brightbill Howard Musto Singe! Early Kelley O'Connell Stout Fisher Lewis O'Pake Street Furno Lincoln Reibman Williams Greenleaf Lloyd Rhoades Zemprelli Hager NAYS-15 Corman Kratzer Shaffer Stauffer Hess Kusse Shumaker Tilghman Hopper Moore Snyder Wenger Jubelirer Pecora Stapleton A constitutional majority of all the Senators having voted ''aye,'' the question was determined in the affirmative. Ordered, That the Secretary of the Senate present said bill to the House of Representatives for concurrence. SECOND CONSIDERATION CALENDAR BILL OVER IN ORDER HB 224 - Without objection, the bill was passed over in its order at the request of Senator JUBELIRER. BILL ON SECOND CONSIDERATION AND REREFERRED SB 281 (Pr. No. 300) - The Senate proceeded to consideration of the bill, entitled: An Act amending the act of April 12, 1951 (P. L. 90, No. 21), entitled "Liquor Code," further providing for the board to conduct special sales. Considered the second time and agreed to, Ordered, To be transcribed for a third consideration. Upon motion of Senator JUBELIRER, and agreed to, the bill was rereferred to the Committee on Appropriations. BILL OVER IN ORDER SB 306 - Without objection, the bill was passed over in its order at the request of Senator JUBELIRER. BILL ON SECOND CONSIDERATION SB 437 (Pr. No. 477) The Senate proceeded to consideration of the bill, entitled: An Act requiring certain public agencies in the Commonwealth of Pennsylvania to purchase or lease motor vehicles. which are manufactured or assembled in the United States and imposing a penalty. Considered the second time and agreed to, Ordered, To be printed on the Calendar for third consideration. BILL LAID ON THE TABLE SB 479 (Pr. No. 526) - The Senate proceeded to consideration of the bill, entitled: An Act amending the act of May 28, 1937 (P. L. 955, No. 265), entitled, as amended, "Housing Authorities Law," extending the act to all municipalities and home rule or optional plan form of government under certain conditions. Upon motion of Senator JUBELIRER, and agreed to, the bill was laid on the table. BILL OVER IN ORDER SB 632 - Without objection, the bill was passed over in its order at the request of Senator JUBELIRER. UNFINISHED BUSINESS COMMUNICATIONS FROM THE GOVERNOR REPORTED FROM COMMITTEE ON RULES AND EXECUTIVE NOMINATIONS Senator LOEPER, by unanimous consent, reported from the Committee on Rules and Executive Nominations, communications from His Excellency, the Governor of the Commonwealth, recalling the following nominations, which were read by the Clerk as follows: DISTRICT JUSTICE June 8, 1983. In accordance with the power and authority vested in me as Governor of the Commonwealth, I do hereby recall my nomination dated June 7, 1983 for the appointment of Mabel Ann Jarrett, 309 Christine Drive, Aliquippa 15001, Beaver County, Forty-seventh Senatorial District, as District Justice in and for the County of Beaver, Magisterial District 0103, to serve until the first Monday of January, 1984, vice John J. Ayoob, resigned. I respectfully request the return to me of the official message of nomination on the premises. JUDGE, COURT OF COMMON PLEAS, PHILADELPHIA COUNTY June 3, 1983. In accordance with the power and authority vested in me as Governor of the Commonwealth, I do hereby recall my nomina tion dated April 20, 1983 for the appointment of Charles J. Margiotti, Jr., 3907 Vaux Street, Philadelphia 19129, Philadelphia County, Seventh Senatorial District, as Judge of the Court of Common Pleas of the First Judicial District, composed of the County of Philadelphia, to serve until the first Monday of January, 1984, vice Hon. John A. Geisz, mandatory retirement. I respectfully request the return to me of the official message of nomination on the premises. NOMINATIONS RETURNED TO THE GOVERNOR Senator LOEPER. Mr. President, I move that the nominations just read by the Clerk be returned to His Excellency, the Governor. The motion was agreed to.
636 LEGISLATIVE JOURNAL-SENATE JUNE 13, The PRESIDENT pro tempore. The nominations will be returned to the Governor. EXECUTIVE NOMINATIONS EXECUTIVE SESSION Motion was made by Senator LOEPER, That the Senate do now resolve itself into Executive Session for the purpose of considering certain nominations made by the Governor. Which was agreed to. NOMINATIONS TAKEN FROM THE TABLE Senator LOEPER. Mr. President, I call from the table for consideration certain nominations previously reported from committee and laid on the table. The Clerk read the nominations as follows: MEMBER OF THE BOARD OF TRUSTEES OF MANSFIELD STATE COLLEGE April 12, 1983. for the advice and consent of the Senate Stephen KonKolics, 933 Wood Street, Bethlehem 18018, Northampton County, Eighteenth Senatorial District, for appointment as a student member of the Board of Trustees of Mansfield State College, to serve for three years or for so. long as he is a full-time undergraduate student in attendance at the college, whichever period is shorter, vice Tammy S. Walsh, York, whose term expired. MEMBER OF THE BOARD OF TRUSTEES OF PENNSYLVANIA ST ATE UNIVERSITY March 22, 1983. for the advice and consent of the Senate Richard Trumka, 92 East Bliss Avenue, Nemacolin 15351, Greene County, Forty-sixth Senatorial District, for appointment as a member of the Board of Trustees of The Pennsylvania State University, to serve until July 1, 1985, and until his successor is appointed and qualified, vice Harry Boyer, Reading, resigned. MEMBER OF THE PENNSYLVANIA BOARD OF PSYCHOLOGIST EXAMINERS April 15, 1983. for the advice and consent of the Senate Etha Price, 955 Baldwin Avenue, Sharon 16146, Mercer County, Fiftieth Senatorial District, for reappointment as a member of the Pennsylvania Board of Psychologist Examiners, to serve until December 24, 1984, and until her successor is appointed but not longer than six months beyond that period. MEMBER OF THE BOARD OF TRUSTEES OF WESTERN CENTER April 18, 1983. for the advice and consent of the Senate Peter Joyce, Jr., 285 Donnan Street, Washington 15301, Washington County, Fortysixth Senatorial District, for appointment as a member of the Board of Trustees of Western Center, to serve until the third Tuesday of January 1987, and until his successor is appointed and qualified, vice S. Edward Wolosin, Pittsburgh, deceased. MEMBER OF THE LANCASTER COUNTY BOARD OF ASSISTANCE April 18, 1983. for the advice and consent of the Senate William B. Mcilwaine (Republican), 53 Brenner Street, Millersville 17551, Lancaster County, Thirteenth Senatorial District, for appointment as a member of the Lancaster County Board of Assistance, to serve until December 31, 1985, and until his successor is duly appointed and qualified, to fill a new position. MEMBER OF THE WAYNE COUNTY BOARD OF ASSISTANCE April 18, 1983. for the advice and consent of the Senate Dorothy May Dorflinger (Republican), Box 187, Waymart 18472, Wayne County, Twentieth Senatorial District, for appointment as a member of the Wayne County Board of Assistance, to serve until December 31, 1985, and until her successor is duly appointed and qualified, vice Beatrice K. Altemier, Honesdale, resigned. Will the Senate advise and consent to the nominations? The yeas and nays were required by Senator LOEPER and were as follows, viz: YEAS-48 Andrezeski Hess Lynch Shaffer Bell Holl Mellow Shumaker Boda ck Hopper Moore Singe! Brightbill Howard Musto Snyder Corman Jubelirer O'Connell Stapleton Early Kelley O'Pake Stauffer Fisher Kratzer Pecora Stout Furno Kusse Reibman Street Greenleaf t.ewis Rhoades Tilghman Hager Lincoln Rocks Wenger Hankins Lloyd Ross Williams Helfrick Loeper Scanlon Zerriprelli NAYS-'-0
1983 LEGISLATIVE JOURNAL-SENATE 637 A constitutional majority of all the senators having voted "aye," the question was determined in the affirmative. Ordered, That the Governor be informed accordingly. EXECUTIVE SESSION RISES Senator LOEPER. Mr. President, I move that the Executive Session do now rise. The motion was agreed to. REPORTS FROM COMMITTEE Senator KUSSE, from the Committee on Transportation, reported the following bills: SB 6 (Pr. No. 6) An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, providing a penalty for leaving the scene of an accident involving an unattended vehicle or property. SB 11 (Pr. No. 11) An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, requiring school buses to stop at all railroad crossings. SB 603 (Pr. No. 667) An Act relating to the control of vegetation within the right-ofway of highways; providing for applications, inspections and permits; and fixing penalties. SB 785 (Pr. No. 912) An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, providing for the disposition of certain fines, etc., to airport authorities. HB 352 (Pr. No. 396) An Act changing the name of the "Glasgow Bridge" in Beaver County to the "Bridge of the Northwest Territory." HB 550 (Pr. No. 617) An Act designating the Leighton-Weissport Bridge, Route 209, Carbon County, as the Thomas J. McCall Memorial Bridge. BILLS IN PLACE Senator SINGEL presented to the Chair a bill. Senator MELLOW presented to the Chair a bill. CONGRATULATORY RESOLUTIONS following resolutions, which were read, considered and adopted: Congratulations of the Senate were extended to the Colonial Beef Company by Senator Furno. Congratulations of the Senate were extended to Christ Church United Church of Christ of Kulpmont by Senator Holl. Congratulations of the Senate were extended to Craig M. Aaron, Lance Davis, Brian Dietz, Kenneth Louis Greenberg, Sandra Hamarman, Jenny Mellot, Eric Stohr, Richard Walinsky and to Michele Zazzara by Senator Lloyd. Congratulations of the Senate were extended to the Class of 1983 of Academy Park High School by Senator Loeper. Congratulations of the Senate were extended to Lloyd Daniel Berger, John Jacobs, Traci Linden and to Dionne Williams by Senator Lynch. Congratulations of the Senate were extended to Helen D. Tunison and to the Loysville Youth Development Center by Senator Moore. Congratulations of the Senate were extended to the Reverend Elton P. Richards by Senator O'Pake. Congratulations of the Senate were extended to Monsignor Stephen C. Helzlsouer by Senator Pecora. Congratulations of the Senate were extended to the Reverend Frederick Shafer by Senator Reibman. Congratulations of the Senate were extended to John Laughlin, Air Products and Chemicals, Incorporated, the 738th Field Artillery Battalion and to the Little Schuylkill River Conservation Club by Senator Rhoades. Congratulations of the Senate were extended to Clarence D. Lick, C. Ted Lick and Andrew N. Lick and to Edward Rehrer by Senator Shumaker. Congratulations of the Senate were extended to Mrs. Anna G. Fratrich and to the Dale Fire Company of Johnstown by Senator Singe!. Congratulations of the Senate were extended to Mr. and Mrs. Charles E. Anthony, Mr. and Mrs. George S. Dunn, Mr. and Mrs. James T. Hamilton, Mr. and Mrs. Andrew M. Morrison and to William Sray by Senator Stout. Congratulations of the Senate were extended to Anna E. Tingley and to Boyd Wallin by Senator Wilt. BILLS ON FIRST CONSIDERATION Senator LEWIS. Mr. President, I move that the Senate do now proceed to consideration of all bills reported from committees for the first time at today's Session. The motion was agreed to. The bills were as follows: SB 6, 11, 603, 608, 615, 661, 785, 795, 827, HB 352 and 550. And said bills having been considered for the first time, Ordered, To be printed on the Calendar for second consideration. PETITIONS AND REMONSTRANCES Senator STAPLETON. Mr. President, I wish to address a few remarks today concerning certain actions of the Department of Revenue which I have found to be very disturbing and alarming. I am referring, specifically, to the department's authorization of some $550,(X)() in contracts to several accounting firms to collect money in an effort to fulfill the intent of the Escheats Law of 1982. What we have here, Mr. President, is a perfect example of a last minute attempt to stave off the embarrassment of the pending budget deficit, which supposedly would have been eased by the receipts of an estimated $60 million from inactive bank accounts.
638 LEGISLATIVE JOURNAL-SENATE JUNE 13, First of all, I would like to take a few seconds to trace the history of the Escheats Law so everyone will clearly remember exactly what took place on the final days of the last legislative Session. On November 23, 1982, the Senate debated at length the merits of an amendment to House Bill No. 1649 which had been offered by the Majority Leader, Senator Jubelirer. That particular amendment, as we know all too well, changed the period of time whereby money could be claimed by the Commonwealth from inactive accounts in financial institutions throughout the Commonwealth. Although the bill was not passed in its final form until the last day of the legislative Session, I feel it is important to note the debate that took place during the discussion of the amendment on November 23, 1982. It was stated that night that approximately $80 million would be realized by the General Fund with the passage of the proposed amendment. As we later learned from the Department of Revenue, after the language had been changed by a Committee of Conference, the sum of $60 million was to be raised by the enactment of this law. It is not my intention to address exactly how much money was to be raised, but I would rather discuss the manner in which it was to be collected. That brings me back to my very first statement concerning the awarding of several accounting contracts by the Department of Revenue. Mr. President, I feel the important thing to point out in the debate on the evening of November 23, 1982, is that when our side of the aisle, on a motion by the gentleman from Allegheny, Senator Zemprelli, attempted to send the legislation to the Committee on Appropriations for the purposes of a fiscal note, that motion was defeated by a straight party line vote because the Majority Leader argued that it would not require the expenditure of Commonwealth funds and, thus, a fiscal note would not be required. We, on this side of the aisle, felt-and obviously rightfully so as it turns out-that there would be an expenditure of Commonwealth funds for the manpower to go out and search for those people on escheats. Let me quote the gentleman from Blair County exactly, Mr. President. He went on to say, "I would oppose the motion because it does not require expenditure of Commonwealth funds. It is just the reverse. It is creating money for the Commonwealth... " What we see here, Mr. President, is an attempt to save face because they have only collected $26 million to date out of the supposed pool of $60 million. The powers that be have decided to hand out generous contracts and, if we are not careful, some of these contracts may be as generous as those handed out to the many legal firms around this Commonwealth over the last few years. If I may just take a second, I would like to put on the record the contracts to which I refer: Main Burdman was the first one for $100,000; Deloitte, Haskins & Sell, $100,000; Coopers and Lybrand, $100,000; Price Waterhouse, $100,000; Leventhal & Horwath, $50,000; Terry, Johnson and Company, $50,000; David Epstein, $50,000. Mr. President, if we must call in the private sector at a cost of over $500,000 to realize the projected potential of a tax, that tells me two things: first, the tax policy itself was poorly planned at conception; secondly, we are engaging in a costly exercise to fulfill the Administration's projections of potential yield. That is hardly effective government. It also certainly runs contradictory to the thrust of this Administration to do more with less. The point I am trying to make is that if we have to have an Esch eats Law, why do we not use our own people from the Banking Department, the Auditor General, the auditors in the Revenue Department to do this most unpleasant task? We have heard arguments in respect to the confiscatory nature of the law. We have heard arguments about the.notification procedures of the law. We have heard arguments about the amount of money to be raised by the 1aw. Today I have attempted to articulate the latest developments in the law that do nothing more than harass our constituents. Mr. President,. I have sent a letter to the Secretary of Revenue today asking for his justification for this latest development in the tragic history of this law. If anyone here can explain this recent decision to hire outside accountants, I would be most happy to listen to their rationale. COMMUNICATIONS FROM THE GOVERNOR NOMINATIONS BY THE GOVERNOR REFERRED TO COMMITIEE following communications in writing from His Excellency, the Governor of the Commonwealth, which were read as follows, and referred to the Committee on Rules and Executive Nominations: MEMBER OF THE STATE BOARD OF EDUCATION June 13, 1983. for the advice and consent of the Senate Nicholas A. Panagoplos, Ed.D., 7010 Penarth Avenue, Upper Darby 19082, Delaware County, Twenty-sixth Senatorial District, for appointment as a member of the State Board of Education, to serve until October 1, 1985, and until his successor is appointed and qualified, vice David E. Galbreath, resigned. JUDGE, COURT OF COMMON PLEAS, PHILADELPHIA COUNTY June 13, 1983.
1983 LEGISLATIVE JOURNAL-SENATE 639 for the advice and consent of the Senate William J. Manfredi, 906 Spruce Street, Philadelphia 19107, Philadelphia County, First Senatorial District, for appointment as Judge of the Court of Common Pleas of the First Judicial District of Pennsylvania, composed of the County of Philadelphia, to serve until the first Monday of January, 1984, vice The Honorable James T. McDermott, elected to the Supreme Court. JUDGE, COURT OF COMMON PLEAS, PHILADELPHIA COUNTY June 13, 1983. for the advice and consent of the Senate Michael Rankin Stiles, Esquire, 3436 Warden Drive, Philadelphia 19129, Philadelphia County, Seventh Senatorial District, for appointment as Judge of the Court of Common Pleas of the First Judicial District of Pennsylvania, composed of the County of Philadelphia, to serve until the first Monday of January, 1984, vice The Honorable Gregory G. Lagakos, deceased. MEMBER OF THE STATE REAL EST ATE COMMISSION June 13, 1983. In conformity with law, I.have the honor hereby to nominate for the advice and consent of the Senate James L. Helsel, Sr., 690 Swatara Creek Road, Middletown 17057, Dauphin County, Fifteenth Senatorial District, for appointment as a member of the State Real Estate Commission, to serve until October 21, 1987, or until his successor has been appointed and qualified, but not longer than six months beyond that period, vice Samuel B. Saxton, Allentown, whose term expired. CORRECTIONS TO NOMINATIONS BY THE GOVERNOR REFERRED TO COMMITTEE following communications in writing from His Excellency, the Governor of the Commonwealth, which were read as follows, and referred to the Committee on Rules and Executive Nominations: MEMBER OF THE PENNSYLVANIA MINORITY BUSINESS DEVELOPMENT AUTHORITY June 13, 1983. Please note the nomination for James H. Corum, Jr., 261 Anthony Drive, King of Prussia 19406, Montgomery County, Seventeenth Senatorial District, for appointment as a member of the Pennsylvania Minority Business Development Authority, to serve until June 2, 1987, and until his successor shall be duly appointed and qualified, vice Paul D. Nelson, Pittsburgh, whose term expired, should be corrected to read: James H. Corum, Jr., 261 Anthony Drive, King of Prussia 19406, Montgomery County, Nineteenth Senatorial District, for appointment as a member of the Pennsylvania Minority Business Development Authority, to serve until June 2, 1987, and until his successor shall be duly appointed and qualified, vice Paul D. Nelson, Pittsburgh, whose term expired. MEMBER OF THE CLINTON COUNTY BOARD OF ASSISTANCE June 13, 1983. Please note the nomination for W. Max Bossert (Republican), R. D. 1, Beech Creek 16822, Clinton County, Thirty-fourth Senatorial District, for appointment as a member of the Clinton County Board of Assistance, to serve until December 31, 1986, and until his successor is duly appointed and qualified, vice Dominic A. Zanella, Lock Haven, resigned, should be corrected to read: W. Max Bossert (Republican), R. D. 1, Beech Creek 16822, Clinton County, Thirty-fourth Senatorial District, for appointment as a member of the Clinton County Board of Assistance, to serve until December 31, 1983, and until his successor is duly appointed and qualified, vice Dominic A. Zanella, Lock Haven, resigned. ANNOUNCEMENTS BY THE SECRETARY The following announcements were read by the Secretary of the Senate: SENATE OF PENNSYLVANIA COMMITIEE MEETINGS TUESDAY, JUNE 14, 1983 10:00 A.M. Conference Committee on Senate Bill No. 128 Room 461, 4th Floor Conference Rm., North Wing 11:00 A.M_. BANKING AND INSURANCE Room 460, (to consider House Bill 4th Floor No. 379) Conference Rm., North Wing ll:oo A.M. LOCAL GOVERNMENT (to consider Senate Bills No. 474, 495, 499, 702, 703, 704, 705, 781; House Bills No. 189, 190 and 191) 11:30 A.M. JUDICIARY (to consider the nomination of Alan S. Penkower, Esquire, to the Coun of Common Pleas of Allegheny County; and Senate Bills No. 590, 634 and 683)./,... ---.._ off the floor RULES AND EXECUTIVE NOMINATIONS (to consider Senate Resolution No. 54 and certain Executive Nominations) Room 459, 4th Floor Conference Rm., North Wing Room 461, 4th Floor Conference Rm., North Wing Rules Committee Conference Room