COMMONWEALTH OF PENNSYLVANIA

LEGISLATIVE JOURNAL

WEDNESDAY, JULY 1 , 1992

SESSION OF 1992 176TH OF THE GENERAL ASSEMBLY No. 50

SENATE To the Honorable, the Senate of the WEDNESDAY, July 1, 1992. Commonwealth of Pennsylvania To the Honorable, the House of Representatives The Senate met at 10:00 a.m., Eastern Daylight Saving of the Commonwealth of Pennsylvania Time. In compliance with Act No. 712 of the 1961 Session and Act The PRESIDENT (Lieutenant Governor Mark S. Singe!) No. 212 of the 1976 Session of the General Assembly titled the "Lobbying Registration and Regulation Act," we herewith in the Chair. jointly present a list containing the names and addresses of the persons who have registered from June l, 1992 through June 30, PRAYER 1992 inclusive, for the !76th Session of the General Assembly. This list also contains the names and addresses of the organiza­ The Chaplain, Reverend KAREN LAYMAN, Pastor of tions represented by these registrants. Hope United Methodist Church, Carlisle, offered the follow­ Respectfully submitted: ing prayer: MARK R. CORRIGAN Secretary Will you join me in prayer. Senate of Pennsylvania In all times and in all places, You are there, 0 God. If we JOHN J. ZUBECK travel to the far reaches of space or desc~nd to the depths of Chief· Clerk the sea, You are there, and Your presence is secure in our high House of Representatives moments of joy and triumph, in our low moments of power­ (See Appendix for complete list.) lessness and despair, and You are here now and Your presence we pray that ministers to our every need. In this knowledge BILL SIGNED You would speak to each heart gathered in this place today. As the business is concluded, may You breathe grace and The PRESIDENT (Lieutenant Governor Mark S. Singe!) in peace upon all, may differences and controversy pale in the the presence of the Senate signed the following bill: presence of ultimate reality. Bless this great Senate and each HB2595. of its parts, that all that has been done here and all that will be done continue to be for the good of all Your people. Amen. SPECIAL ORDER OF BUSINESS The PRESIDENT. The Chair thanks Reverend Layman, who is the guest this day of Senator Hopper. ANNOUNCEMENTS BY THE SECRETARY The SECRETARY. Consent is given for the following com­ JOURNAL APPROVED mittee meetings during today's Session: the Committee on and the Committee The PRESIDENT. A quorum of the Senate being present, Appropriations for House Bill No. 2751, and Executive Nominations for Senate Bills No. 6, the Clerk will read the Journal of the preceding Session of on Rules 1393, 1536, and House June 30, 1992. 345, 402, 950, 1007, 1110, 1299, 1324, and 1887. The Clerk proceeded to read the Journal of the preceding Bills No. 734 Session, when, on motion of Senator LOEPER, further reading was dispensed with fl.lld the Journal was approved. LEGISLATIVE LEAVES Senator MELLOW. Mr. President, I request temporary GENERAL COMMUNICATION Capitol leaves for Senator Fattah, Senator Jones and Senator a legislative leave for Senator Dawida. LIST OF LOBBYISTS AND ORGANIZATIONS Lewis, and The PRESIDENT. Senator Mellow asks for temporary The PRESIDENT laid before the Senate the following Capitol leaves for Senator Fattah, Senator Jones and Senator communication, which was read by the Clerk as follows: Lewis, and a legislative leave for Senator Dawida. The Chair SENATE OF PENNSYLVANIA hears no objection. Those leaves will be granted. July 1, 1992 2470 LEGISLATIVEJOURNAL-SENATE. JULY 1,

LEAVES OF ABSENCE Brightbill Jones Peterson Stout Corman Jubelirer Porterfield Tilghman Senator FISHER asked and obtained leave of absence for Dawida LaValle Punt Wenger Fatrah Lemmond Reibman Senator SALVATORE, for today's Session, for personal Williams reasons. NAYS-0 Senator MELLOW asked and obtainedleave of absence for A constitutional majority of all the Senators having voted Senator LYNCH, for today's Session, for personal reasons. "aye," the question was determined in the affirmative. Ordered, That the Secretary of the Senate return said bill to CALENDAR the House of Representatives with information that the Senate has passed the same with amendments in which con­ HB 2509 CALLED UP OUT OF ORDER currence of the House is requested. HB 2509 (Pr. No. 3922) - Without objection, the bill was called up out of order, from page 5 of the Third Consider­ RECESS ation Calendar, by Senator LOEPER, as a Special Order of Business: Senator LOEPER. Mr. President, at this time I request a very brief recess of the BILL ON THIRD CONSIDERATION Senate for the purpose of a meeting of the Committee on Appropriations AND FINAL PASSAGE to take place immediately in the Rules room. Upon the completion of that meeting, it HB 2509 (Pr. No. 3922)- The Senate proceeded to consid­ would be the intention to come back here to the floor. We eration of the bill, entitled: have several resolutions to introduce, and that to be followed An Act authorizing the Department of General Services, with by a meeting of the Committee on Rules and Executive Nomi­ the approval of the Governor, to sell and convey certain tracts of nations. At the conclusion of the meeting of the Committee land situate in the City of Erie, Erie County, Pennsylvania; on Rules and Executive Nominations, it would be our inten­ authorizing the conveyance of a tract of land in Berks County to tion then to break for a caucus. However, I would ask the Valley View Mobile Home Park; providing for the conveyance of Wolverine Memorial Park in Erie to the Erie-Western Pennsyl­ Members if they would please stay on the floor after the vania Port Authority; and authorizing and directing the Depart­ meeting of the Committee on Appropriations in order that we ment of General Services to accept the conveyance to the Com­ could deal with the resolutions. monwealth of a parcel of land situate in the Township of Thank you. Honeybrook, County of Chester and Township of Salisbury, The PRESIDENT. For the purpose of a meeting of the County of Lancaster; and authorizing the Department of General Committee Services to sell said parcel of land with a contiguous parcel of on Appropriations, to be followed by a return to land previously approved for sale pursuant to the Surplus Prop­ the floor to entertain some important resolutions, then to be erty Disposition Plan of 1985, approved by the Legislature, in followed by a host of other activities, the Senate will stand in accordance with Article XXIV-A of the act of April 9, 1929 (P. recess. L. 177, No. 175), known as The Administrative Code of 1929. Considered the third time and agreed to, AFTER RECESS And the amendments made thereto having been printed as required by the Constitution, The PRESIDENT. The time of recess having expired, the Senate will come to order. On the question, Shall the bill pass finally? REPORT FROM COMMITTEE LEGISLATIVE LEAVE CANCELLED Senator TILGHMAN, from the Committee on The PRESIDENT. The Chair recognizes the presence on Appropri­ ations, reported the following bill: the floor of Senator Fattah. His temporary Capitol leave is cancelled. HB 2751 (Pr. No. 3923) (Amended) (Rereported) And the question recurring, An Act amending Title 75 (Vehicles) of the Pennsylvania Con­ Shall the bill pass finally? solidated Statutes, providing for the implementation and admin­ istration of an enhanced vehicle emission inspection program; The yeas and nays were taken agreeably to the provisions of further providing for administrative duties of the Department of the Constitution and were as follows, viz: Transportation and the Department of Environmental Resources; providing for an alternative fuels grant program; YEAS-48 establishing the Alternative Fuels Incentive Grant Fund; and making an appropriation. Afflerbach Fisher Lewis Rhoades Andrezeski Furno Lincoln Robbins Armstrong Greenleaf Loeper Scanlon BILL RECOMMITTED Baker Greenwood Madigan Schwartz Bel an Hart Mellow Shaffer Bell Helfrick Musto Shumaker Senator LOEPER. Mr. President, I move that House Bill Bodack Hall O'Pake Stapleton No. 2751 be recommitted to the Committee on Transporta­ Bortner Hopper Pecora Stewart tion. 1992 LEGISLATIVE JOURNAL-SENATE 2471

The motion was agreed to. Jubelirer, F. Joseph Loeper and Robert J. Mellow, on behalf of The PRESIDENT. Without objection, House Bill No. 2751 the Senate, be sent to his mother, Barbara Zeigler Snyder Musser. will be recommitted to the Committee on Transportation. Senator ARMSTRONG asked and obtained unanimous consent for the immediate consideration of this resolution. SPECIAL ORDER OF BUSINESS On the question, SENATE RESOLUTION Will the Senate adopt the resolution? SENATE RESOLUTION NO. 183, ADOPTED EXPRESSING THE SORROW OF THE SENATE AT THE DEATH OF FORMER SENATOR Senator ARMSTRONG. Mr. President, I move that the RICHARD A. SNYDER Senate do adopt Senate Resolution No. 183. Senators ARMSTRONG, WENGER, JUBELIRER, On the question, LOEPER and MELLOW offered the following resolution Will the Senate agree to the motion? (Senate Resolution No. 183}, which was read as follows: Senator ARMSTRONG. Mr. President, I will try to make In the Senate, July 1, 1992. my remarks very brief. I know a lot of people here knew him and would like to say a few words also. A RESOLUTION I first met Senator Snyder 17 years ago, and prior to that I of former Expressing the sorrow of the Senate at the death just heard about him. I saw his name in the paper, his picture Senator Richard A. Snyder. in the paper, and he was someone whom everyone talked WHEREAS, Former Senator Richard A. Snyder died June 17, about with such high regard. 1992, at the age of 82 after a long and distinguished political and legal career; and When I first thought about running for the House of Repre­ WHEREAS, Senator Snyder started his government service as sentatives I made an appointment to see him, and he did not a page in the Pennsylvania House of Representatives; and know me at all. I was just a young man asking him for advice. WHEREAS, After earning a degree in government from I spent some time with him and he encouraged me, after that Franklin and Marshall College, he went into journalism, gaining meeting, to get into politics and do the best job I possibly expertise as a political reporter for the Lancaster New Era and for the Harrisburg Bureau of the Associated Press; and could. And he was the kind of person whom I have always WHEREAS, While working for the newspaper, he attended tried to emulate, and I think he is the kind of person who all Temple Law School at night; and of us look to as a benchmark, because as far as honesty, integ­ WHEREAS, After his law school graduation, he joined the rity and ethics, I guess Dick Snyder is -someone whom we army where he served in Europe working on espionage and secu­ would equate with that. rity cases; and WHEREAS, In July 1958, he was elected chairman of the He was a fantastic speaker. He was very entertaining as a Lancaster County Republican Party where he instituted a number speaker. He was witty. He had a vast knowledge and was very of changes modernizing the system, streamlining the process and humorous. He was a journalist, a Ia wyer, and a Senator. I do building a powerful and efficient grass-roots organization; and not know which one he liked to be the best, I think maybe all WHEREAS, He was elected to the Senate of Pennsylvania in a to go back as a journalist and be, say, with special election in 1962, where he served until his retirement in three, but he liked 1984;and George Washington as he was crossing the Delaware River, WHEREAS, During his time in the Senate, he gained the and he would have the news media with him and have the respect and admiration of his colleagues for his knowledge, cour­ news and they would be reporting things, and then he would tesy, hard work and absolute honesty which made him a pleasure bring it up to date - if this were today, what would happen. to work with; and left you thinking when you left the audi­ WHEREAS, His hard work and dedication to reforming the The insight he had welfare system culminated in the enactment in 1982 of a bill con­ ence. taining many of his proposals; and We used to be with his wife, Toylee, who passed away last WHEREAS, He played a key role in the decision of State offi­ year. My wife and I would go to meetings and he would tell us cials to build the Railroad Museum of Pennsylvania in Strasburg; about his experiences as a child, and Toylee would talk about and a teacher in Texas and how they met, and WHEREAS, In addition to his illustrious political career, he her experiences as had an equally successful career as a newspaper reporter and col­ also their experiences when they would go to Iceland, which umnist for the New Era; and was one of his favorite places to go. WHEREAS, He also wrote numerous thoughtful articles for But he loved it up here. He loved being a Senator. I have the New York Times, the Baltimore Sun and the Wall Street tried to follow Dick Snyder, and it is very difficult because he Journal which gained him national respect; and Dick Snyder WHEREAS, Senator Snyder's courtly demeanor, high ethical is still a giant back home. And people who knew standards, sense of fair play and reputation for thorough have tremendous regard for him, and I do not know of research brought him the respect and love of all those who came anyone who had anything negative to say about Senator in contact with him both here in the Senate and elsewhere; there­ Snyder. We will all miss him but will not forget him. fore be it Thank you, Mr. President. RESOLVED, That the Senate express its sorrow at the death of Snyder was Senator Richard A. Snyder; and be it further Senator WENGER. Mr. President, Richard RESOLVED, That a copy of this resolution, sponsored by always a gentleman. He was involved in many activities Senators Gibson E. Armstrong, Noah W. Wenger, Robert C. 2472 LEGISLATIVE JOURNAL-SENATE JULY 1,

throughout his life of 82 years, some of which were designated He came to Harrisburg to work his causes, many varied and in the resolution that was read, but to the best of my knowl­ important - accountability in education, and as the gentleman edge, the greatest satisfaction that· he had out of his varied from Lancaster, Senator Wenger, said, welfare reform, some­ and diverse career came in his years of service to the Pennsyl­ thing that we are dealing with presently. Judicial reform, vania Senate. He loved the Senate because he felt that it was a something that we are going to deal with in this body today, forum in which he could serve and he could make a differ­ was something that was very near and dear to the heart of ence, make a difference for his fellowman and make a differ­ Dick Snyder. Tax reform, highway construction the old is ence to our government and to our society. And Richard new. He worked with diligence and conviction because these Snyder was that kind of a person. He was the kind of a person causes were good, not because the spotlight was shining on who was not perhaps all that dramatic in his presentation, but him. He shied away from the spotlight. He believed he worked quietly. He did not take the microphone on the steadfastly in oversight, but it was to force people to do their Senate floor all that often, but when he did we always lis­ very best, not just to capture a headline. tened, because we knew it would be a thoughtful presentation, Dick Snyder kept the flame burning for reform and remin­ well-prepared and well-presented, and it always, I think, had ded us through word and through deed of the traditional its desired influence. Pennsylvania values - work ethic, thrift, integrity, and con­ Richard Snyder was a person who had strong feelings, felt science. His gentlemanly manner was matched by an immense strongly on the issues in which he believed, and he would talent for putting philosophy to paper in a style that was present those issues on the Senate floor or in committee. folksy and thoughtful; scholarly, yet precise. Keeping in char­ Sometimes he would win and sometimes he would lose, but acter, he had one of his many opinion pieces published just either way he would always be a gentleman. And although he weeks ago in the Lancaster New Era. The subject was one of felt strongly about issues, he also was able to have tolerance his favorite themes: improving education. To the very end he and respect for the person who perhaps felt just as strongly delighted in contributing his wisdom and experience on the but came to a different viewpoint than he did. matters that truly count in the hope that society would come Dick was very devoted to his wife, Toylee, who preceded to its senses. him in death just about one year. He was, of course, well There are so many ways to remember Dick Snyder, but known in his own community. He had a long-term interest in perhaps nothing compares to the remarkable newsletters he welfare reform and some other legislation, some of the things published. His farewell newsletter of 1984 was the very best. that we are still dealing with and struggling with today, issues He outlined what he felt were the successes and the failures of that will be with us forever, I suppose. But he was always his 22 years of service. And, my, oh my, it was vintage Dick involved from that standpoint. Snyder crediting others while underplaying his own remark­ He had a good sense of humor. He could laugh with us, and able skill and influence, peppering his refreshing recollections I still recall the farewell speech he made here on the Senate with the wit and wisdom of leaders ranging from Andrew floor on the last day that he served here. He certainly seemed, Jackson to John F. Kennedy. His own words tell the story of although he appreciated being here, like he was prepared to someone who never lost his convictions, who never lost his move on to something else. And I think the comments he perspective. made were well-received at that time and are still remembered Most of all, he said, one gives thanks to the constituents today, which is more than we can say for most of the speeches who not only sent us here but put up with our judgment after­ that are made on the Senate floor 10 years hence. wards. There were kindly notes and words of encouragement I guess I would only say, Richard Snyder, you have served which were appreciated confirming the belief that there are us welL You are missed. May you rest in peace. still a lot of tolerant people in the world, and for that espe­ Thank you, Mr. President. cially we give thanks. The PRESIDENT pro tempore. Mr. President, it is always That was the Lancaster County charm of a modest, magni­ a sad moment when a friend and former colleague passes on, ficent man. It was a privilege to know him. It was a privilege but there have not been many who have achieved the stature to work with him. It was just, frankly, a privilege to be or, frankly, earned the respect that Dick Snyder did in his 22 around him and to see that he represented the best in what our years in the Senate. profession had to offer and try to be like him. It was a privi­ And for those Members-and there are far more now than I lege to know him, to learn from him, and to serve with him, would like to think sometimes-younger Members who did and for all that, I know I give thanks. And all of us who had not know Dick Snyder, they, indeed, missed one of the truly the pleasure of knowing him, of serving with him, of having great gentlemen and outstanding legislators who ever had the him touch our lives, give thanks as well. privilege of serving in this body. He was honorable, he was Thank you, Mr. President, for the opportunity to put these genuine, he was dignified, he was wise, and he represented the remarks on the record. best that people look for in public servants. And it is ironic, as Senator BAKER. Mr. President, I would like to join my the issue of term limitations comes before us, when people colleagues today in recognizing former Senator Richard look at Dick Snyder, he rarely had opposition, and the people Snyder, who represented much of Chester County for many he served were thrilled that he continued to serve them as long years and did so iii the style which has already been described. as he did. 1992 LEGISLATIVE JOURNAL-SENATE 2473

He was gentle. He was knowledgeable. He was persistent, I also remember the study which he began right near the end always responsive. At a time when I was a county commis­ of his term. I remember him being so proud of the work that sioner and often had a reason to turn to our Senators, Senator he produced, although sad about the results, dealing with the Stauffer and Senator Snyder, Senator Snyder was always importance of moving towards a merit selection of appellate quick to respond and to follow up in that way for which he court judges. Senator Snyder very thoroughly analyzed con­ was well-known and very effective. tributions and the correlation between contributions and He was someone who was highly in favor of personal success of appellate court judges running across the Common­ responsibility in today's society, something which those of us wealth, and I know that as he left here he was firmly con­ in government are often dealing with - attempts by those who vinced that a change in the way in which we elect the members would convince people that somehow they are not responsible of the judiciary statewide was so important, and, unfortu­ for themselves. And I think Senator Snyder started from the nately, as we stand here, at least those of us who support that proposition that each of us should carry our own weight in change, some eight years later, we have not made any progress society, but if we were in need, then we should be helped by on that effort, but perhaps we will sometime in the future. those in the general community, and I think his efforts in One of the things I remembered perhaps most when I welfare reform were certainly aimed in that direction. learned of Dick's death a few weeks ago, and, Mr. President, I also had the opportunity to come in contact with Senator you will remember, in 1986, approximately, I was running for Snyder because I formerly taught at a Commonwealth-related Lieutenant Governor, and anybody who has run statewide in institution where we, as faculty members, had the responsibil­ this Chamber knows that when you go around the State ity of filling out what came to be known as Snyder reports. among the 67 counties, every once in a while you show up They did something that college professors are not often somewhere and you really do not know too many people. One asked to do, and that is to account for their time and their night I showed up in Lancaster County and I walked into a productivity, and I think that was something Dick Snyder relatively large crowd, and one of the few friendly faces I saw firmly was in favor of, accountability for those who receive there was Dick Snyder, and Dick Snyder took me around and public dollars, and I think that was a good example of the introduced me to every single person in that room, and I will kind of thing that Dick Snyder did to try to bring to the fore never forget that. It was not pre-arranged, but I was his questions of accountability. charge for the night and he could not have been more gracious He was also a member of the task force established by this at a time when he was out of office but still keenly interested body and our other Chamber to study government efficiency. in the political process and in the Republican Party. As a citizen member, even at his advanced age, he attended He was a fine man, fine public servant, and I am very the meetings of our organization, made positive contribu­ pleased to be able to add my words of tribute today on the tions, and we will miss him in an operational sense in that record. regard as a member of the task force on service efficiency. Thank you, Mr. President. I would like to conclude by saying that his service, held The PRESIDENT. Would those Members in support of the somewhat over a week ago, was very much like Dick Snyder resolution please rise in a moment of silent tribute to Senator himself. It was a very simple service and yet very profound, Richard Snyder. and I think that characterizes Dick Snyder and his service to (Whereupon, the Senate en bloc stood in a moment of the Commonwealth of Pennsylvania. silence in solemn respect to the memory of Senator Thank you, Mr. President. RICHARD A. SNYDER.) Senator FISHER. Mr. President, I, too, rise to honor and The PRESIDENT. The Clerk will record a unanimous vote to pay tribute to the late Senator Dick Snyder. When I think on the resolution. back, Dick was just one of the finest gentlemen that I can ever remember serving with in my 18 years of service in this SPECIAL ORDER OF BUSINESS General Assembly, and I remember a few particular instances SENATE RESOLUTION when I first came to the Senate. Of course, Senator Snyder was on the Committee on Judiciary, and during the 1983-84 EXPRESSING SORROW AT THE DEATH Session, after Congressman Gekas moved on to Congress, OF STATE SUPREME COURT JUSTICE Senator Snyder took over the chairmanship of that committee JAMES T. McDERMOTT of which I was, at that time, the vice-chairman. And I remem­ ber having served with Dick and remember all his sage advice, Senators SALVA TORE, LOEPER and JUBELIRER not only on political matters but on legal matters. He had offered the following resolution (Senate Resolution No. 184), been a practicing lawyer for many years, and continued to be which was read as follows: one, and knew a lot about the practice of law, and as we dealt In the Senate, July 1, 1992. with the issues that routinely came before the Committee on A RESOLUTION Judiciary he was able to impart much of that advice to us on Expressing sorrow at the death of State Supreme Court Justice our work. James T. McDermott. 2474 LEGISLATIVE JOURNAL-SENATE JULY 1,

WHEREAS, State Supreme Court Justice James T. swimming pool and he had even taken a bike ride around the McDermott died June 21, 1992; and Chestnut Hill area, which just indicated how healthy and WHEREAS, Justice McDermott, who was first elected to the vibrant he was, a gentleman who was well respected on both State Supreme Court in 1981, had just won retention for a second term; and sides of the aisle. WHEREAS, He was the grandson of a Philadelphia police And I think to just take a moment to reflect upon the captain and a lifelong supporter of the police; and Justice's history, to see that he had started actually in Phila­ WHEREAS, During his tenure as a Common Pleas Judge from delphia Republican politics back in the early 1950s and then 1965 to 1981, he became known for his strict sentencing resulting the '60s, and had grown in his career through a stint on the in his becoming known by some as the "hanging judge;" and WHEREAS, Justice McDermott was one of the Republican Common Pleas Court ·bench in the city of Philadelphia, and stars in Philadelphia who ran for mayor in 1963; and then finally obtained the pinnacle of his career, which was the WHEREAS, In addition to his legal writing and judicial duties, election to the Supreme Court of Pennsylvania, serving a full he was also a book collector, student of history and lover of good 10-year term and then being retained again for another 10- poetry and literature which he could quote at length; and year term just a few years ago. WHEREAS, He was a loving father who raised his children alone after the death of his wife in 1974; therefore be it I think one thing that Justice McDermott stood for very RESOLVED, That the Senate of Pennsylvania express its much was the high character and moral consideration of a sorrow at the death of Justice James T. McDermott; and be it father to his family. He was much more than a jurist, he was a further very dedicated individual as a father to the members of his RESOLVED, That copies of this resolution, sponsored by family, and, in particular, he had the unfortunate situation of Senators Frank A. Salvatore and F. Joseph Loeper on behalf of the Senate, be sent to his sons James, John, Thomas, Michael having his wife pass away in 1974 and having six children to and Matthew McDermott and his daughter Suzanne raise himself. And we see where his background has really Cunningham. been an inspiration for each one of his children who have grown and matured and have been very successful, each on Senator LOEPER, on behalf of himself and Senator SALVA TORE, asked and obtained unanimous consent for their own. the immediate consideration of this resolution. But I think i.f one thing was to be said about Justice McDermott, we would have to reflect back to his original On the question, upbringing, where he was actually the grandson of a Philadel­ Will the Senate adopt the resolution? phia police captain, and Justice McDermott, if there was one SENATE RESOLUTION NO. 184, ADOPTED trait that could be attributed to him, was certainly a lifelong supporter of the police and law enforcement. And I think if Senator LOEPER. Mr. President, I move that the Senate we were to reflect back on his record as a jurist, one thing that do adopt Senate Resolution No. 184. we always saw was that Justice McDermott believed in the On the question, police. He believed in the importance of the police in main­ Will the Senate agree to the motion? taining an orderly society, and I think we constantly saw that Senator LOEPER. Mr. President, it is almost very difficult he backed the men and women in blue from the bench and it for me to stand here today and speak about the death of a was reflected in many of his decisions. In fact, in one of the great jurist in Pennsylvania. As many of you may be aware, obituaries after his death it quoted a story once told of a Justice McDermott's oldest son, Jamie, is one of my closest defendant who was before the Justice whom he was about to personal friends. sentence, and the defendant, when considering the criminal I had the opportunity just Thursday a week ago to have activity that he had committed, said that he was trying to dinner with Jamie and his wife, Susan, along with the Justice, resign from society. And the Justice responded to him in front who I had not seen since last summer, and it was just ironic of the court, today we are accepting your resignation, and that we had a pleasant evening together, along with my wife promptly sentenced the defendant to a life imprisonment sen­ and daughter who were there, and had a chance to speak with tence. I think that what we see is those who even disagreed the Justice on a variety of issues. And, of course, anyone who with some of Justice McDermott's pro-police views certainly knew Justice McDermott realized that he was a gentleman respected him for his incisive wit, his eloquent writing, and his well versed in poetry, in the arts, in literature, a man who felt hard work, and I think we have all lost a great friend and that he had to continuously read in order to be as proficient in jurist on the Supreme Court. literature as he was in the law. And that evening he was just a On behalf of myself and my family, and to Jamie and spark of inspiration as far as what his immediate plans were. Susan and their daughters, Katie and Reese, this death means, He was going to travel, I believe it was to Wisconsin, at the quite simply, I think, that Pennsylvania and all of us have lost end of the week and was looking forward to the recess of the a bright, hardworking member of the court and a loving court in order that he was going to be able to conclude some father, and that his voice and his opinions and his guidance travel and continue in some study. And to think that just three and reasoning are going to be sorely missed. days later, unfortunately, on Father's Day, Justice Thank you, Mr. President. McDermott was found dead in his chair in his study with the Senator FUMO. Mr. President, I, too, want to offer my TV set still on. That morning he had been out swimming in his condolences to Ju"stice McDermott's family. He was a Phila- 1992 LEGISLATIVE JOURNAL-SENATE 2475

delphia judge. He was a very good Republican. Of course, offered the following resolution (Senate Resolution No. 185), when he went on the bench he stopped being politically active, which was read as follows: but he was always very loyal. I remember as a young lawyer in In the Senate, July 1, 1992. Philadelphia doing criminal defense work, I was always fortu­ nate in that I never went in front of him. In fact, defense A RESOLUTION lawyers did not_want to go in front of Justice McDermott. Expressing the deep sadness of the Senate at the death of former There was one time when an out-of-city lawyer came in to member Herbert J. McGlinchey and extending heartfelt condo­ lences to his daughter, Mary Jane Kelly, and other family represent a client and demanded a jury trial and was sent up to members. Judge McDermott's office. And before they started the trial­ WHEREAS, Herbert J. McGlinchey served in the State Senate and the Justice told this story-he told him, do you really from 1967 to 1972, representing the Fifth Senatorial District of want to try this case in front of me? And the guy said, oh, yes, Pennsylvania; and I am ready to go. He said, well, you see, I give a fair trial, but WHEREAS, He spent about half a century in Philadelphia then I give a maximum sentence. I think you should go down­ politics, starting and ending as ward leader of the 42nd ward in stairs again and really find out if you want a jury trial or a Olney, and serving one term in the United States Congress from 1945 to 1947; and waiver trial. The gentleman never came back to the court­ WHEREAS, His tenacity earned him the respect of such room, fortunately for his client, I guess. notable figures as Richardson Dilworth and Hugh Scott; and But on top of all that, Justice McDermott was a man of WHEREAS, One writer described him as a "cigar-chomping honor, a man of integrity, a man of courage. He and I dif­ Irish ward politician with the fighting instincts of a wolverine"; fered on his views on the criminal law, obviously, buthe was and WHEREAS, In addition to his long-time career as an always very loyal to his friends. l remember -going to dinner influential Philadelphia ward leader, Congressman and State with him a number of times. He was always very close to Rep­ Senator, he was a summer resident of Longport, New Jersey, and resentative ·O'Brien, who I know will sorely miss Justice a member of the Bala Golf Club of Philadelphia and the Atlantic McDermott. He was a wonderful, wonderful person, a per­ City Country Club of Northfield; and sonality in Philadelphia whom everyone knew, a gentleman of WHEREAS, Herbert J. McGlinchey died at the age of 87 on Thursday, June 25, 1992, in Atlantic City Medical Center-Main­ class and dignity, and we will all miss him. We were all land Division in Pomona; therefore be it shocked to learn of his death, especially on Father's Day and RESOLVED, That the Senate express its deep sadness at the to be found by his son. death of Herbert J. McGlinchey, respected Senator, politician So, Mr. President, I, too, rise to support this condolence and supporter of his community, and extend heartfelt condo­ resolution. lences to his daughter, Mary Jane Kelly, and to other family members. The PRESIDENT. Would those in favor of the resolution please join in rising for a moment of recognition for Justice Senator MELLOW. Mr. President, on behalf of myself, the McDermott. Members of our Caucus, especially those who come from the Please rise. city of Philadelphia, and a number of our Republican col­ (Whereupon, the Senate en bloc stood in a moment of leagues, especially those who are currently Members of the silence in solemn respect to the memory of Justice JAMES T. Senate who served with Senator McGlinchey, I would like to McDERMOTT.) offer this condolence resolution. The PRESIDENT. The Clerk will record a unanimous vote The PRESIDENT. Senator Mellow asks unanimous for the resolution on Justice McDermott. consent for the immediate consideration of a resolution. The Chair hears no objection. SPECIAL ORDER OF BUSINESS On the question, SENATE RESOLUTION Will the Senate adopt the resolution? SENATE RESOLUTION NO. 185, ADOPTED EXPRESSING THE DEEP SADNESS OF THE SENATE AT THE DEATH OF FORMER MEMBER Senator MELLOW. Mr. President, I move that the Senate HERBERT J. McGLINCHEY AND EXTENDING do adopt Senate Resolution No. 185. HEARTFELT CONDOLENCES TO HIS On the question, DAUGHTER, MARY JANE KELLY, AND Will the Senate agree to the motion? OTHER FAMILY MEMBERS Senator MELLOW. Mr. President, it is a sad day on the Senators MELLOW, LOEPER, BELL, LINCOLN, floor of the Senate whenever we have to take time from the JUBELIRER, FATTAH, FUMO, WILLIAMS, BODACK, day's activities to go ahead and pay tribute to anyone who O'PAKE, STAPLETON, REIBMAN, LYNCH, may have passed away who has had the opportunity of either SALVATORE, WENGER, TILGHMAN, FISHER, serving in this body or has had a tremendous impact on the BORTNER, DAWIDA, LEWIS, SCANLON, things that have taken place within this structure. AFFLERBACH, SCHWARTZ, BELAN, STEWART, Today, unfortunately, Mr. President, we say goodbye to STOUT, HOPPER, MADIGAN, BRIGHTBILL, three longtime friends. We say goodbye to two excellent indi­ ANDREZESKI, LaVALLE, PORTERFIELD and MUSTO viduals who served in this body as Members of the State 2476 LEGISLATIVE JOURNAL-SENATE JULY 1,

Senate - Senator Snyder and Senator McGlinchey - and we This one particular day we were playing golf and we were also say goodbye today to an eminent jurist who has served out on a hole and whoever was playing golf behind us teed off with distinction in the Pennsylvania courts and recently on the while we were still on that same hole on the fairway and the Pennsylvania Supreme Court. ball went screeching over the top of our heads, and we both But today also, Mr. President, we kind of say goodbye on got kind of upset, although Herb got so upset that he turned this side of the aisle to a man who many of us view as a around when the golf ball landed, he got his driver and he legend, and I think if the gentleman whom we are talking drove the ball back toward the individual who had hit the ball about today, Senator McGlinchey, would look down upon to him. The fellow who happened to hit the ball toward him, this body and this activity, he would not want us to say here comes this big guy walking down the fairway, and I said, goodbye to him in a very somber way, but, in fact, I think uh-oh, you know, we are in deep trouble. Well, the guy was Herb McGlinchey would want to be remembered by the Tom Golla, who I think is about 6 feet, 7 inches in height, and Members of the Senate, especi:llly those who served with him, he had hit the golf ball about 300 yards, but Herb did not as exactly just what type of an individual Herb McGlinchey care, he just turned around and he hit the golf ball right back. was. I had the opportunity for several years while I served He was just a delightful individual to have known, to have here in the Senate not only to sit next to Senator McGlinchey been able to share time with right here and his experiences as a but also to share an apartment with him, and I can assure you Member of Congress, being elected in 1944 when Harry that having the opportunity of not only serving with him but Truman was elected President of the United States. And he sharing an apartment with him gave me tremendous insight as would remind us over and over and over that when he was to what the gentleman was all about. there, Hugh Scott served as the Republican Leader of the I can recall during our legislative days here on the floor of United States Senate. But Herb never allowed us to forget that the Senate how Herb McGlinchey would get up on the floor the only loss that was inflicted upon Hugh Scott in the Con­ on a Wednesday afternoon or a Wednesday morning when we gress of the United States was done in the election of 1944 by were about to conclude the activities of the Senate for that Congressman Herb McGlinchey, who later on served as a week and he would make a report to the Members of the Member of the State Senate for five years. Senate about activities that had taken place in Philadelphia, I know that there are other Members who could go on and and he would go ahead and he would talk with his horn­ on and on, and I am only sorry today that the gentleman from rimmed glasses and his cigar in his mouth that was not lit, and Philadelphia, Senator Lynch, cannot be with us, because he would talk on and on and on about the activities and the Senator Lynch would have some great one-liners and great things that had taken place in Philly. stories about the activities and the time that we spent with But I have to remember Herb for some of the things that he Herb. discussed with me. He told me when I first came to the Senate, You know, of all the things that we have talked about, the he said, you are a young guy. You have to remember one thing that really comes to mind more and more about Herb thing: you never get off one payroll unless you are on another McGlinchey is that we could have a late Session, or, for that payroll. That was one of the things that Herb talked about. matter, even after Herb was out of the Senate, if we were in He would also talk over and over about the Last Supper, Session late and Herb was somewhere in the Capitol, we and when I first discussed with Herb about the Last Supper, I would go back to the apartment-and that might have been at thought he was talking about some form of a Biblical discus­ midnight-Herb would wash his face, he would bring out the sion with regard to the Last Supper that many of us believe electric razor and take off whatever growth of beard he may did take place. And I one day asked him, as in the newspaper have had for the day, he would open up a new, fresh cigar, he was a comment about a lot of others, if he had the opportu­ would fix his necktie, and I was prepared to go to bed because nity of attending the Last Supper, and he looked at me in a I was exhausted, and Herb would say, where are you going? I very dumbfounded way-dumbfounded that I would even ask would say, I am going to bed, and he would say, come on, the question-and he said to me, youngster, not only did I kid, let us go out. I would say, I am sorry, Herb, I cannot do attend the Last Supper, I was responsible for the seating at the it, but Herb would go out and, you know, you would hear the Last Supper. And I think those of us who are here know door open at 3:00 or 4:00 o'clock in the morning when he exactly what Herb was talking about when he said that he was would kind of find his way back in. responsible for the seating arrangements at the Last Supper. Herb was a legend. He was a man who took his professional And to play golf with Herb McGlinchey was a real treat. I life in a very serious manner, but he also, I think, realized how played golf with him not only in Florida on a few vacations to live and how to enjoy life and that there was a lot more to that we were able to take together many years ago, but I can the serious activity that we are all involved in. There was a lot remember in particular one afternoon playing golf with Herb more to Herb than the day-to-day activity of going ahead and right here in Harrisburg when Herb and I were in the same trying to resolve some of the differences. And I think Herb golf cart. We both suffered from the same problem, that we was as partisan as could be when it came to the structuring of showed no partiality on the golf course. We hit the ball many the Democratic Party in Philadelphia, and I am sure we all times and we hit it in all areas of the golf course. recall his story about going ahead and being elected a ward leader in Philly by chartering a bus and driving the bus around 1992 LEGISLATIVE JOURNAL-SENATE 2477

Philadelphia with only those individuals in the bus who were so Herb obviously fulfilled his duty. He yelled out the window favorable to Herb McGlinchey to assure that he would be of the bus that the meeting was on the bus and took moving elected ward leader. pictures of these people trying to attack the bus. Some people But there was a lot to Herb. He was a man, I think, of great say they were trying to get on the bus to vote, but the contest depth. He was a man of great courage, and he certainly was committee, which at the time was chaired by then Representa­ very successful as a public official and successful in his profes­ tive Stephen Wojdak, clearly found that Senator sional life. I think I would sign a contract today to be able to McGlinchey's rights had been impaired and sat him. live to the ripe old age of 87, and I did not have the opportu­ I remember that night sitting with the ward leader. It was nity in the last several years to talk to Herb, because I know one of those tense nights when Rizzo was making an attack on that he was in poor health during that period of time, but Carnie!. I think the candidate that night was supposed to be wherever he is today in that big Senate somewhere up in the my predecessor, Senator Henry Cianfrani, but Buddie, being sky, he is probably talking to Dick Snyder right now and what he was, counted up the votes and knew he could not win saying to him, with the cigar bobbing up and down in his so he got a stand-in by the name of Joe Zazyczny. I remember mouth, with those brown horn-rimmed glasses and pushing standing there and Herb McGlinchey finally walked in the those three strands of hair that he had back on his head, listen door with his shining bald head and his big cigar and said, you to those bleep, bleep, bleeps and what they have to say about guys could not have a meeting without me, and we proceeded. us today. I also want you to know that incident was appealed to the But Herb and Dick, wherever you are today, we salute you. courts, and I think it was the Supreme Court of Pennsylvania We hope that you are happy and that you are looking over us, that said they. did not exactly think it was the way people and perhaps over the next several months we can learn some­ should conduct themselves but it was legal. I think Greg thing from the legacy that both of you have left in this body Harvey took an appeal down to Federal court, and they said and that we can learn that it is important that each one of us that it was okay and stayed out of it. cooperate with one another, that life is very fragile, that we But Herb certainly set history. In fact, at the election two can be here today and, unfortunately, be gone tomorrow, and years after that SEPTA had, I think, 20 buses on standby for that if we respect each and every one of us and we treat our various ward leaders, and I will admit I was one of them who fellow individual the way we want to be treated, that we had one ready to go if we needed it. would all be better off for knowing men like Herb Herb was also a funny guy. He was a Senator here when I McGlinchey, like Justice McDermott, and like Dick Snyder. was a Commissioner of Professional Licensure. And a good Thank you very much. friend of mine at that time, who is now my law partner, Berle Senator FUMO. Mr. President, I think I read recently that Schiller, was Governor Shapp's nephew, and Berle and I, the worst thing in life is growing up, and I guess, as I stand being the young idealists that we were, thought that maybe here today, I was not even in the Senate when Herb Herb should be replaced, so Berle got into the battle and ran McGlinchey was here, but I knew him as a ward leader. I against him in a primary. Well, Herb won, but right after that guess it is tough when you are growing up, as you get older we had Appropriations hearings and I had to come in for my and older more. of your friends pass on and it is difficult to budget. Senator Cianfrani did me a favor and scheduled my remember them and keep your spirits up. But as the gentle­ hearing for 9:00 o'clock in the morning because he said Herb man from Lackawanna, Senator Mellow, said, Herb will never be here, do not worry about it. He does not get up McGlinchey was a wonderful person who would be very upset that early in the morning, I guess because he comes in late at with us today if we mourned over his death. He was a tough night. And I walked in at 9:00 o'clock in the morning and, lo ward leader. Senator Mellow referred to the bus incident. I and behold, there he was with his smiling face, and Buddie was a ward leader that day and I remember what had occur­ just went up and winked and said, you are in trouble now if he red. Herb was very loyal to Pete Carnie!, and that was back in got up for this. And that was not the best hearing that I ever the days of the Camiel-Rizzo battles in Philadelphia, which had in front of anyone. Herb was quite adept at letting me will go down in history. And Herb, we do not really know if know how he felt about what we had done and took some he ever had the votes or not, but his position was he got all his money out of our budget. I guess he thought he could be a committeemen together to go to the ward meeting so no one fiscal conservative on our backs that year. would get lost on the way, and they drove up to the building­ But, he was a wonderful, wonderful man, always smiling, which Herb owned, by the way-and were going to go in to always had a joke, the typical vanishing breed of old-time pol­ have the meeting, and then Herb said, gee, all these guys are iticians that I guess today in our era of 30-second sound bites, around trying to break in. Really, they were committeemen or, in fact, 6-second sound bites and 30-second commercials trying to get in to vote against him, but he thought with the he would have found it difficult to survive, but he also would Rizzo people that maybe his life was in jeopardy. And the have been very, very good on this Senate floor at standing up rules of the Democratic city committee clearly provide that if for what he believed in. It is an era that has gone by and at 8:00 o'clock the meeting place is going to be changed, maybe one that we should try to bring back on occasion up someone must go to the meeting place and "call out in a loud here. But he will be sorely missed by me and every Democrat, voice" -that is an exact quote-the place of the new meeting, and I am sure every Member of this Senate, for many years to 2478 LEGISLATIVE JOURNAL-SENATE JULY 1,

come. And I guess as I see us here today talking about those RESOLVED, That copies of this resolution, sponsored by colleagues of ours who have passed on, I was thinking about Senators Robert C. Jubelirer, F. Joseph Loeper, Robert J. retiring early some day, but I want to stay around a long time Mellow and John D. Hopper on behalf of the Senate, be pre­ sented to Gary. so that after I die some people will remember that I was here. I would hate to die and 30 years from now someone would not The PRESIDENT pro tempore asked and obtained unani­ even remember who I was. mous consent for the immediate consideration of this resolu­ But he will be sorely missed and we are all greatly saddened tion. by his death. On the question, The PRESIDENT. All those in favor of the resolution, Will the Senate adopt the resolution? please stand in tribute to Senator, Congressman Herb McGlinchey. SENATE RESOLUTION NO. 186, ADOPTED Please rise. The PRESIDENT pro tempore. Mr. President, l move that (Whereupon, the Senate en bloc stood in a moment of the Senate do adopt Senate Resolution No. 186. silence in solemn respect to the memory of Senator On the question, HERBERT J. McGLINCHEY.) Will the Senate agree to the motion? The PRESIDENT. The Clerk will record a unanimous approval of the resolution. The PRESIDENT pro tempore. Mr. President, I am pleased to have the opportunity to say a few remarks on The PRESIDENT pro tempore. Mr. President, before I do behalf of Gary Crowell, who, as of today, retires as the Chief what I have to do, I want to assure the gentleman from Phila­ Clerk of the Senate. We are sorry to see Gary go but we wish delphia, Senator Furno, that he is safe. His place in history is him very, very well in his new position, and it is always nice to secure. be able to leave a job voluntarily and go on to another one where you have the opportunity to advance yourself. And to SPECIAL ORDER OF BUSINESS Gary and his family, I wish them very well. SENATE RESOLUTION Let me say, Mr. President, that it was my responsibility as President pro tempore of the Senate to at least begin the HONORING GARY E. CROWELL ON HIS process to secure a Chief Clerk for the Senate upon the resig­ MANY YEARS OF DISTINGUISHED SERVICE nation of W. Russell Faber several years ago. I did that in TO THE SENATE conjunction with the gentleman from Lackawanna, Senator Senators JUBELIRER, LOEPER, MELLOW and Mellow. I have indicated to him this year, as I did then, that it HOPPER offered the following resolution (Senate Resolution is very important to the institution of the Senate that the No. 186), which was read as follows: person who serves in that extremely sensitive position be not only very competent, very knowledgeable, be a crackerjack In the Senate, July 1, 1992. administrator, someone who understands finances, but A RESOLUTION someone who is sensitive to the institution of the Senate and Honoring Gary E. Crowell on his many years of distinguished understands what the Members are all about and how the service to the Senate. history of the Senate has evolved. WHEREAS, Gary E. Crowell, who was elected Chief Clerk of Gary Crowell has done his job and has done it well, Mr. the Senate on Apri122, 1986, has chosen to leave the Senate; and President. I charged him with the responsibility of not only WHEREAS, Before coming to the Senate, he had served as doing that job as the chief administrator elected by all executive director of the Independent Regulatory Review Com­ Members of the Senate, mission; and but I instructed him to do that in a WHEREAS, Before that he served in various positions of bipartisan fashion, or I should say perhaps even in a sense a responsibility in State government; and nonpartisan fashion, that politics were not to play any role WHEREAS, During his time in the Senate, he has become whatsoever in his decision making. He has served that charge known for his cooperation and reliability; and very well. It was not that many years ago when I came to the WHEREAS, He has streamlined the Senate accounting system Senate and things were not always that to improve service to the members of the Senate and has ably rep­ way, and the Senate resented the Senate in resolving administrative issues of interest was severely criticized and its Members taken to task because to the House of Representatives and various State agencies; and the person who served in that position had been given a differ­ WHEREAS, His skillful handling of his office, tact and sense ent mission. We have changed that. I believe that change will of fairness has earned him the respect of both sides of the aisle; be permanent as we seek to replace Gary with a new Chief and Clerk, and I have pledged to Senator WHEREAS, In addition to his government service, he also Mellow that I will served as President of the West Shore Vikings Football Associa­ consult with him, and we will, hopefully, be able to arrive tion and as Chairman of the Board of Directors of the Harrisburg together at a common decision on the one who we think is the Patriots Football Association; and best. WHEREAS, The Senate is grateful for his hard work, profes­ There is no question that that position is extraordinarily sionalism and contributions on its behalf; therefore be it important. It is not just appointed, RESOLVED, That the Senate thank him for the time he spent it is elected by all the here and wish him well in his new position; therefore be it Senate, and Gary Crowell has served this body extremely well. 1992 LEGISLATIVE JOURNAL-SENATE 2479

He has been a topnotch administrator. He has been sensitive be able to run the job and do the job the way it should be to the institution of the Senate, and I believe that history will done. show that he did an outstanding job. The other thing that I have always enjoyed when talking I wish him well, Mr. President, in his new responsibilities. I with Gary was the pride that he had with the athletic accom­ know we will continue to see him from time to time as he goes plishments of his son. I know that he would beam with pride to his new responsibilities as the chief fiscal officer and when we talked about the tremendous accomplishments that administrative officer of the Pennsylvania Chamber of Busi­ he had as a high school football player, and then was able to ness and Industry. follow that through at the University of Virginia, and that has And I would hope, Mr. President, that all Members of the shown me not only the warmth and the depth but also the Senate would concur in this resolution congratulating him on sincerity of the individual, because that really cuts through it his position and thanking him for the contribution he has all and gets right down to what life is all about. made to each and every one of us. So, Gary, although you are going to be missed in your job Thank you, Mr. President. right here in the Capitol, I think the fact that you will be with Senator MELLOW. Mr. President, I would also like to join the Pennsylvania Commerce of Business and Industry as their with the gentleman from Blair, Senator Jubelirer, and our chief fiscal officer, with the experience you have had here in other colleagues in saying thank you to Gary. the Senate, I feel that if your new employer is smart and they I think Gary, in the brief period of time that he has been understand the operations of the Senate, they will call upon able to spend with us, has done an outstanding job. I have you on many occasions to use your expertise, to use your found Gary to be a man of integrity and honesty with a tre­ friendship, and to use the credibility that you have with the mendous amount of respect for the system and for each and Members of the Senate and send you up here to discuss some every individual not only for whom he worked, but with of the problems that they, in fact, may have in the future and whom he worked. To me, he always was and is a man of high may have today. credibility. On behalf of the Members on this side of the aisle, I would The one area that I believe we have to recognize of tremen­ like to say thank you for doing a great job as Chief Clerk and dous accomplishments that Gary has been involved in is the we wish you well in your new position with the Pennsylvania fact that he has had an extremely tough job serving as the Commerce of Business and Industry. Chief Clerk when you are dealing with 50 Members of the Thank you. Senate, because when you are dealing with 50 Members of the Senator BELL. Mr. President, I am glad that the leader of Senate, Mr. President, you are dealing basically with 50 dif­ the Democrats mentioned the most important point about ferent egos. You are dealing with, if you want, 50 different Gary- he is a Marine, and he is damn proud of it. political parties. Although we all like to talk about a philoso­ You know, it is awfully nice that we can present bouquets phy, we all basically have our own philosophy. And you are of flowers when the recipient can smell them, because often also, Mr. President, dealing with the problems that those people never give praise until somebody passes down the offices have and the concerns that the Members of those road, like my friends who received the recognition this offices and the people who work for the Members have and morning. the way they bring them to the forefront with discussions with Of course, the gentleman from Blair, Senator Jubelirer, the Chief Clerk. represented the Republicans; the gentleman from Gary, for the last several years, sat at the same table that I Lackawanna, Senator Mellow, represented the Democrats; so sat at with our discussions on COMO. COMO is the manage­ I am going to speak for the colonists of the Senate who live in ment operation of the Senate, and it is a committee that goes the East Wing. We are not like the rest of the Senators. We do ahead on a bipartisan basis and operates the Senate. Gary has not have the mice and the cockroaches that have been in these been in the position of having to deal with Members who are old offices ever since I have been over here, and we do not basically responsible for his employment and who have to have the tunnels under the Capitol, but I think Gary became vote to give him his job, and he has had to go ahead in a pro­ Chief Clerk just about the time we inherited the East Wing, fessional way and he has had to say, no, Mr. Senator or Ms. and if you think he did not have problems over there, even the Senator, we cannot do it the way, in fact, you want it done. fountain leaked through on the garage. But he faced up to However, there should be another way of trying to get it done. these problems. And I am going to sum it up in just one sen­ And he has always been able to do that and has been able to tence: he is a true professional. He did a wonderful job, and accomplish it, and he has always looked out for what is right we of the colony of the Senate known as the East Wing will for the Members. miss you, Gary. I do not recall any incident whatsoever when I could even Senator F ATTAH. Mr. President, just to say goodbye to remotely think in my mind that perhaps Gary was showing Gary, he is one of the tennis players around here in the Senate preferential treatment to one individual or another. He is who on Tuesday mornings, along with myself and others, going to be a hard person to replace because he has been able including the gentleman from Allegheny, Senator Dawida, to take the training. Perhaps it was his training as a Marine got together early in the morning to play a little tennis, and he that has enabled him to come here and distinguish himself and is a great Chief Clerk and he is going to be a great tennis player one day. 2480 LEGISLATIVE JOURNAL-SENATE JULY 1,

Thank you. SB 6 (Pr. No. 2440) (Amended) Senator HOPPER. Mr. President, Gary Crowell resided in An Act amending the act of March 10, 1949 (P. L. 30, No. 14), my hometown of Camp Hill, and, as mentioned by the Presi­ entitled "Public School Code of 1949," further providing for the dent pro tempore, Senator Jubelirer, he succeeded Russ use of increased State allocations, for payments on account of Faber, who was a CPA. And although Gary was not a transportation of nonpublic school pupils, for payments on member of that illustrious institution, he did an excellent job account of building costs, for limitation of certain payments, for payments to intermediate units, for special education payments, in his work here as Chief Clerk, and this is to extend best for extraordinary special education expenses and for certain wishes for every success in his future endeavors with the Penn­ payment guarantees,; providing for a summer employment sylvania Chamber of Business and Industry. program for disadvantaged youth; and imposing powers and Thank you. duties on the Department of Education. The PRESIDENT. On the resolution. SB 402 (Pr. No. 2414) All those in favor of the resolution, signify by saying "aye"; all those opposed, "no." The "ayes" have it, and the An Act amending Title 23 (Domestic Relations) of the Pennsyl­ vania Consolidated Statutes, providing for a lottery winnings resolution is adopted. intercept in relation to delinquent support obligors; and further providing for emergency relief. SPECIAL ORDER OF BUSINESS SB 950 (Pr. No. 2397) GUESTS OF SENATOR ROBERT C. An Act amending the act of December 14, 1967 (P. L. 746, No. JUBELIRER PRESENTED TO THE SENATE 345), entitled "Savings Association Code of 1967," providing for reciprocal interstate operations; further providing for acquisi­ The PRESIDENT pro tempore. Mr. President, I am indeed tions of the stock of a savings association; revising proxy rules; pleased to welcome to the Senate of Pennsylvania two young further providing for approval of branch by the Department of citizens of the city of Altoona, and they are Jennifer Jones Banking; further providing for number and qualification of and Renee Holibah, who are serving as Pages today, and I directors; and making repeals. would ask that they rise and that the Senate give them a warm SB 1007 (Pr. No. 2391) welcome and wish them well as their day progresses here in the An Act amending the act of November 30, 1965 (P. L. 847, No. Senate of Pennsylvania. 356), entitled "Banking Code of 1965," further providing for the The PRESIDENT. Will the guests of Senator Jubelirer duties of the· Advisory Commission, for nonconforming loans, please rise so that we can welcome you to the Senate of Penn­ for the regulation of mutual holding companies, for requirements sylvania. in connection with real estate loans, for residency requirements of directors or trustees and for the powers of the department. (Applause.) SB 1110 (Pr. No. 2066) RECESS An Act amending the act of May 17, 1921 (P. L. 789, No. 285), entitled, as amended, "The Insurance Department Act of one Senator LOEPER. Mr. President, at this time I would ask thousand nine hundred and twenty-one," regulating exclusions for a recess of the Senate, first, for a very important meeting for certificates of authority to do business. ofthe Committee on Rules and Executive Nominations where SB 1299 (Pr. No. 2317) we have an extensive agenda to consider, and then to be fol­ lowed by a Republican caucus, hopefully to begin at approxi­ An Act amending the act of December 19, 1990 (P. L. 1200, No. 202), entitled "Solicitation of Funds for Charitable Purposes mately 12:30 p.m. in the Majority Caucus Room, returning to Act," further defining "charitable organization," "commercial the floor at approximately 1 ;30 p.m. coventurer," "contribution," "professional fundraising The PRESIDENT. For the purpose of a meeting of the counsel" and "professional solicitor"; and further providing for Committee on Rules and Executive Nominations to begin registration and fees, for filing information, deposits and with­ immediately, followed by a Republican caucus, with the drawals and for cancellations. expectation of returning to the floor by about 1:30 p.m., or SB 1324 (Pr. No. 2444) (Amended) so, the Senate will stand in recess. An Act amending Title 75 (Vehicles) of the Pennsylvania Con­ solidated Statutes, regulating off-road lighting equipment on AFTER RECESS vehicles; providing for Pennsylvania Turnpike extensions and improvements; and making a repeal. The PRESIDENT. The time of recess having expired, the SB 1393 (Pr. No. 2411) Senate will come to order. An Act providing for licensure of screening mammography service providers; prescribing powers and duties of the Depart­ REPORTS FROM COMMITTEE ment of Health; establishing radiation machine and facility inspection procedures; providing for licensure revocation and Senator LOEPER, from the Committee on Rules and Exec­ nonrenewal; and imposing penalties. utive Nominations, reported the following bills on concur­ SB 1536 (Pr. No. 2439) rence in House amendments: 1992 LEGISLATIVE JOURNAL-SENATE 2481

An Act Itemizing Fiscal Year 1992-1993 capital budget projects Senator LOEPER. Mr. President, I move that the Senate in the categories of highway projects and Fish Fund and Boat do concur in the amendments made by the House to Senate Fund projects to be constructed or acquired by the Department of Bill No. 1000. Transportation or the Pennsylvania Fish and Boat Commission, together with their estimated financial costs; and stating the esti­ On the question, mated useful life of the projects. Will the Senate agree to the motion? HB 734 (Pr. No. 3902) Senator GREENLEAF. Mr. President, I rise in support of An Act designating the section .of L.R. 238, Spur C, in Mercer the compromise version of Senate Bill No. 1000 because I find County, Pennsylvania, as the Nick Strimbu Jr., Industrial Corri­ the provisions are acceptable reforms and because it appears dor. unlikely that the original Senate version would be approved anytime soon in the House. We are faced with the choice LEGISLATIVE LEAVES between stalemate and compromise on an important issue, the integrity of the system of judicial discipline in Pennsylvania. Senator LOEPER. Mr. President, I would request a legisla­ The current, often criticized, system of judicial conduct tive leave for Senator Peterson, and a temporary Capitol leave review is unacceptable. It is discredited by the appearance of for Senator Shaffer. judges judging other judges and by the secrecy under which it Senator FUMO. Mr. President, I have a request for a legis­ operates. The Judicial Inquiry and Review Board system must lative leave for Senator Lynch for the rest of today's Session. be revised to provide more involvement of laymen in the The PRESIDENT. Senator Loeper requests legislative process, and this process must be opened to public view. leaves for Senator Peterson and Senator Shaffer. Senate Bill No. 1000, as it has come to us from the House, Senator Furno seeks to achieve legislative leave for Senator accomplishes both those goals. I do not believe we can pass up Lynch. this opportunity for a successful compromise plan reaching The Chair does not seem to hear any objections, and the the voters in a ballot referendum in two years because of a leaves will be granted. desire for more stringent reforms or for partisan advantage. Senator LOEPER. Mr. President, may we be at ease for a Voting against this compromise with the knowledge that it moment? is the only vehicle for reform that we have would be akin to The PRESIDENT. The Senate will be at ease. the old expression of cutting off your nose to spite your face. {The Senate was at ease.) Voting for this proposal is difficult for many of us who have worked very long for a new system of judicial discipline in the LEGISLATIVE LEAVE Commonwealth and had our hopes set on the version we sent to the House earlier this year, but we cannot let this opportu­ Senator LOEPER. Mr. President, I need an additional tem­ nity for reform pass by. We have in our hands a workable porary Capitol leave on behalf of Senator Hopper, who has compromise, and we are facing a deadline to get the reform to been called to his office. the voters within two years, and we are facing the possibility The PRESIDENT. Senator Loeper requests a temporary of an indefinite stalemate ensuring the continuation of an Capitol leave for Senator Hopper. The Chair hears no objec­ unacceptable status quo. Those who find the status quo unac­ tion. That leave will be granted. ceptable I urge to join with me in voting for a compromise that will satisfy the major objections to the current system. SB 444 TAKEN FROM THE TABLE Under the bill before us, we can establish a fair and effec­ tive two-tier system of conduct review and discipline, we can Senator LOEPER. Mr. President, I move that Senate Bill end the domination of the board by judges by providing an No. 444, Printer's No. 471, be taken from the table and equal number of executive and judicial appointees, we can placed on a Supplemental Calendar. provide a system that is accessible to the public by the require­ The motion was agreed to. ment of public hearings in the proposed court of judicial disci­ The PRESIDENT. The bill will be placed on a Supple­ pline. We have waited a long time for such reforms. We mental Calendar. worked for them. We have experienced setbacks and disap­ pointments over the years. It would be defeating our own pur­ CONSIDERATION OF CALENDAR RESUMED poses now if we rejected this version of reform because we have hardened our positions. I, for one, am willing to sign on BILL ON CONCURRENCE IN to this version, to push it again next Session, and to urge HOUSE AMENDMENTS voters to ratify the legislative action to amend the Constitu­ SENATE CONCURS IN HOUSE AMENDMENTS tion. We need a new judicial discipline system. We need it as soon as possible. SB 1000 (Pr. No. 2413)- The Senate proceeded to consid­ eration of the bill, entitled: A vote for Senate Bill No. 1000 is a vote to expedite needed changes that will provide a better system for reviewing judicial A Joint Resolution proposing amendments to the Constitution conduct, and for offering the people of the Commonwealth of of the Commonwealth of Pennsylvania, changing provisions Pennsylvania a system that they can have faith in. relating to judicial discipline. 2482 LEGISLATIVE JOURNAL-SENATE JULY 1,

I ask for your affirmative vote for concurrence in the through two Governors - Governor Thornburgh and Gover­ House amendments and thank the gentleman from Blair, nor Casey - and the time has come to put this issue behind us. Senator Jubelirer, who has worked on this issue for many I would hope that my colleagues would see fit to vote in favor years; Representative DeWeese in the House, who has also of this, and hopefully we will do the same in the next Session offered similar plans; and Representative Caltagirone, the of the General Assembly and the people of Pennsylvania in Chairman of the House Judiciary Committee, and Members 1993 at last will have an opportunity to vote for true judicial of both sides who have worked on this issue for many years, reform. and it looks as if we are very close to success. I thank you, Mr. President, and Members of the Senate for Thank you. the opportunity to make these remarks. It has been a long, The PRESIDENT pro tempore. Mr. President, I join with long haul. the Chairman of the Senate Committee on Judiciary, Senator Senator CORMAN. Mr. President, I, for one, am frankly Greenleaf, in applauding many people who brought this issue quite disappointed in the compromise that was arrived at in to the floor today. And it is more than a decade now since this Senate Bill No. 1000, and I have had many who were quite issue began, and it has been Senate Bill No. 1 for as long as I interested in judicial reform encourage me to cast a negative can remember. Without question, it is a compromise. It is not vote. However, as the expression goes, a journey of a perfect, but, by anyone's reading of the issue and studying of thousand miles begins with the first step, and maybe we can the problems within the system itself, it clearly is a step in the consider this a first step as we once again try to tackle the issue right direction, and in my judgment, Mr. President, it is a of judicial reform and add to those things that are included in reform that we should all recognize is much better than the Senate Bill No. 1000. status quo. It has been a very frustrating job, I am sure, on the part of Having said that, I truly respect those, either in this body or the gentleman from Montgomery, Senator Greenleaf, and I in the House of Representatives, who feel that the bill that congratulate him in the effort of bringing it to the point that it was sent from the Senate to the House was a stronger bill, was is. I, for one, would rather have voted for Senate Bill No. a bill that would go further than this bill, and perhaps if the 1000 or the refor.m as it left the Senate, but the only thing I am House had concurred in what we had sent over we would be faced with is accepting or rejecting what is in front of us, and even further ahead. But, frankly, in a legislative body, the I am going to vote for it to accept this as a first step and operative word is "compromise," and this is a compromise, hopefully we can move from here to bring about additional but it has not compromised principle to the extent that we are judicial reform. not much further ahead than we would be if nothing had hap­ Thank you. pened. Senator FUMO. Mr. President, I rise to discuss the bill. I I professionally have been involved in this issue at least 10 probably will vote for it, although very cautiously and, quite or 12 years, and it is time to put the issue behind us, it is time frankly, out of a lot of frustration. to move on. Judicial reform does not come easy. There have Mr. President, there are a number of things wrong with this been many players, many staff people, many Members of the piece of legislation, the first of which deals with pensions. For Senate and the House of Representatives who have worked some reason, the House inserted an amendment that says that tirelessly. Let me point out that Pennsylvanians for a Modern a judge or a justice of the peace can have their pension Court, and if I may single out people like Judge Phyllis Beck, removed if they are even suspended under Section 18 or Judge Edmund Spaeth, people who are known, have reputa­ Article IV of this bill. Mr. President, I have trouble with that. tions as judicial reformers who have stood the test of per­ I wonder how many of us in here would allow ourselves to severance, I suppose I should say, over this last decade or so come under the same standard. One thing that I found all have said that they believe this to be a strong, strong reform Members usually jealously guard is their pension rights, but and one that deserves the positive support of the Members of yet when it comes to a bill that does not affect us, we are very this body. cavalier in taking away the rights of others, or at least I recognize that Common Cause thinks that we are better attempting to do that. off with nothing at all than this,. and with all due respect to Mr. President, I have some general problems with the that fine organization, I vehemently disagree. I think the time whole concept as envisioned in Senate Bill No. 1000. I thought has come that we have put together all we can, have achieved the way it went out of the Senate the first time was blatantly a compromise of merit. It is a far, far better system. It is an wrong. I was not here, unfortunately, to vote "no," but I open system, it is a two-tiered system, it is not a judicially would have. One Senator did have the courage to do that on dominated system, and it is one that I believe can gain the our side of the aisle. public's confidence. Mr. President, the compromise does not work either. Who I congratulate Senator Greenleaf, as Chairman of the are we to tell another branch of government that we are going Senate Committee on Judiciary, and Representative to set up a committee which the Governor will appoint, along Caltagirone, the Chairman of the House Judiciary Commit­ with the other branch of government, to remove people from tee, and all those people, some who are here today, some who an office to which they have been elected during their term of are no longer Members of the General Assembly. It has gone office? I recognize there may be some problems with our 1992 LEGISLATIVE JOURNAL-SENATE 2483

system, but it is still an elected democracy. How many of us I would urge support for this legislation, and as stated would be willing to sponsor a constitutional amendment that earlier, I would like to submit some additional remarks for the would say that the Governor and us, or maybe the Supreme record. Court and us, can set up an equal committee that would deter­ Thank you. mine whether or not we could stay in our office? I doubt very The PRESIDENT. Without objection, the gentleman's much if anyone would step up to the plate to do that. And we complete remarks will be spread upon the record. The Chair are not free from scandal. There have been times when this sees no objection, so ordered. Chamber and the House have been tainted with scandal far (The following prepared statement was made a part of the worse than we have seen in the Judiciary, but, yet, we feel the record at the request of the gentleman from York, Senator need to respond because another branch of government is BORTNER:) involved. "Today we have the opportunity to take a significant step The Constitution already provides for a way to remove toward meaningful reform of our judicial discipline system. judges, two ways. First, the one set up by the Judicial Board, ()ver the past several years the public has lost confidence and, secondly, through impeachment. That is still available to that judges who violate the law or do not follow ethical rules us, but we do not want to dirty our hands with that process, so will face appropriate and timely punishment. we hide behind this. The present system-where the Judicial Inquiry and Review I will vote for this, Mr. President, but with great Board makes recommendations but only the Supreme Court trepidation, and I caution the Members of this Chamber who can decide upon the discipline-simply has not worked. are overjoyed today that this will now pass, and I would hope The present constitutional provisions require that complete that the public would think twice about stampeding to say secrecy be maintained, even when a judge is formally accused "yes" if and when this ever does reach the ballot, if it ever of serious violations of the law. passes this Chamber again. The present system has led to needless delay. Judges I repeat, again, we should stop trying to make laws that accused of serious infractions have been permitted to stay on apply to other people and not to us. Every legislative chamber the bench or be suspended with pay, in some instances for does that, and we today are doing the same thing. One of the years. In this, as in so many other instances, justice delayed biggest criticisms of Congress is that they enact laws that do certainly gives the appearance of being justice denied. not pertain to them but to everyone else. When I see the day The present system has been totally controlled by the that we have a comprehensive amendment on discipline that Supreme Court. says that we can remove Senators and House Members with a It has operated in such a way as to permit the Supreme similar committee, and maybe even members of the executive Court, time and again, to impose punishment on errant branch with a committee, then I would be the first to support judges which has been totally different from that recom­ it, but I think this is flawed constitutionally. I think it is mended by the people who have actually heard the evidence. flawed in principle, more than constitutionally. I think we are The present system has permitted the Supreme Court to sit making a big mistake and I think we should move a lot more in judgment in a case where one of its own members is accused cautiously, and certainly we should not be gleeful today about of improprieties. what is about to happen. Is there any wonder that the people of Pennsylvania have Senator BORTNER. Mr. President, I, likewise, join in no confidence that judges will be held accountable to high support for Senate Bill No. 1000. This is another one of those ethical and legal standards? issues that I became involved with first as a House Member The time has come, once and for all, to change that system. and which I have followed along as I became a Member of the Senate Bill 1000, Printer's Number 2413, would make Senate. I think that we take a significant step today toward major, positive and significant improvements to the present, reforming the Judiciary. Much has been said about the spe­ discredited system. cifics of this legislation, and I have some prepared remarks First, the total secrecy of the Judicial Inquiry and Review that I would like to submit for the record, which I will. Board would be replaced. The public would have the right to Very briefly, what I would like to say in my time that I have know that a judge is accused of improprieties after a determi­ on the floor is that I think this is the result of compromise. I nation of probable cause is made. All hearings before the new think this has had input from the public, from the Bar Associ­ Court of Judicial Discipline would be open to the public. The ation, from groups who represent the public interest. Like people and the press would be able to see and judge for them­ most compromises, not everybody is entirely satisfied. I selves whether the system is working. believe that this will deal with the significant issues that have Next, the Bill strips the Supreme Court of the power to caused public confidence to be eroded in the Judiciary. It will impose discipline on judges. The new Court of Judicial Disci­ open up the proceedings. We will no longer have judges pline would now have that authority. judging judges, and I think the public will believe that judges Appeals could be taken from decisions of the Court of will be held to a much higher standard of conduct than they Judicial Discipline. But even here, the discretion given to the have in the past. Supreme Court would be severely limited-and the Supreme Court would be forbidden from hearing cases involving its own members. 2484 LEGISLATIVE JOURNAL...-.SENATE JULY 1,

If a Supreme Court Justice were disciplined by the new years in not being able to do anything about a member of the Court of Judicial Discipline, that individual would have to judicial system who had clearly violated some public trust. appeal to a special court composed of Commonwealth Court They thank you for the effort you put forth, and I think all and Superior Court judges. Pennsylvanians, even those who have never gone through it The reforms proposed by Senate BilllOOO would replace the like my constituents have, will thank you eventually for current Judicial Inquiry and Review Board with a two-phased putting into place a system that I believe will be far better than system with separate investigative and adjudicative bodies. the system we have now. The investigative body - the Judicial Conduct Board would I would urge concurrence. be 'an independent board within the Judicial Branch.' And the question recurring, The proposed amendment gives the board broad authority Will the Senate agree to the motion? to appoint its own staff, 'prepare and administer its own budget, exercise supervisory and administrative authority The yeas and nays were taken agreeably to the provisions of over all board staff and board functions, (and) establish and the Constitution and were as follows, viz: promulgate its own rules of procedures.' YEAS-49 This autonomy, coupled with imposition of punishment by Afflerbach Furno Lincoln Rhoades the new Court of Judicial Discipline, would not only insure Andrezeski Greenleaf Loeper Robbins that the system works, but also that it has the appearance of Armstrong Greenwood Lynch Scanlon disciplining judges in appropriate cases without interference Baker Hart Madigan Schwartz Belan Helfrick Mellow Shaffer from the Supreme Court. Bell Holl Musto Shumaker In addition, the proposed constitutional amendment Bodack Hopper O'Pake Stapleton increases the amount of non-judge representation over the Bortner Jones Pecora Stewart Brightbill Jubelirer Peterson Stout present system. Corman LaValle Porterfield Tilghman The Judicial Conduct Board, the investigative body, con­ Dawida Lemmond Punt Wenger tains three judges and nine non-judges. The Court of Judicial Fattah Lewis Reibrnan Williams Fisher Discipline contains four judges and four non-judges. NAYS-0 Now, the Judicial Inquiry and Review Board, which under the present system performs both investigative and adjudica­ A constitutional majority of all the Senators having voted tive functions, contains five judges and four non-judges. "aye," the question was determined in the affirmative. Frankly, Senate BilllOOO in its present form does not go as Ordered, That the Secretary of the Senate inform the House far as I would like it to have gone with respect to removing the of Representatives accordingly. power of appointment from the Supreme Court. However, the Bill before us for concurrence reflects a com­ THIRD CONSIDERATION CALENDAR promise between those who are deeply concerned with separa­ BILL REREPORTED FROM COMMITTEE AS tion of power and those just as deeply concerned with checks AMENDED ON THIRD CONSIDERATION and balances between the judicial and other branches of gov­ AND FINAL PASSAGE ernment. HB 1959 (Pr. No. 3921)- The Senate proceeded to consid­ As a compromise, I feel strongly that the appointment eration of the bill, entitled: process will result in meaningful reform. When taken together with the other major structural A Supplement to theact of December 8, 1982 (P. L. 848,No. reforms contained in Senate Bill 1000, it is clear that this is 235), known as the "Highway-Railroad and Highway Bridge Capital Budget Supplemental Act for 1991-1992," itemizing significant, positive reform. bridge projects. I urge you to vote to concur in the House amendments." Senator STEWART. Mr. President, the previous speakers, Considered the third time and agreed to, no deference meant, are all lawyers, and those who worked on And the amendments made thereto having been printed as Senate Bill No. 1000 throughout the years as well are mostly required by the Constitution, all lawyers, and I would like to congratulate them for what On the question, they have produced, albeit not perfect, but I would like to Shall the bill pass finally? congratulate them on behalf of the nonlawyers in this The yeas and nays were taken agreeably to the provisions of Chamber and the people of Pennsylvania who do not always the Constitution and were as follows, viz: understand how the judicial system works. And in particular, Mr. President, I would like to congratulate their efforts on YEAS-49 behalf of the citizens of Cambria County. Afflerbach Furno Lincoln Rhoades As most of you know, the citizens of Cambria County went Andrezeski Greenleaf Loeper Robbins through a very convoluted, very difficult time with one of our Armstrong Greenwood Lynch Scanlon Baker Hart Madigan Schwartz Common Pleas judges and they felt the frustration that I Bel an Helfrick Mellow Shaffer believe many of the sponsors of the bill have felt over the Bell Holl Musto Shumaker Bodack Hopper O'Pake Stapleton Bortner Jones Pecora Stewart 1992 LEGISLATIVE JOURNAL-SENATE 2485

Brightbill Jubelirer Peterson Stout YEAS-49 LaValle Porterfield Tilghman Corman Rhoades Lemmond Punt Wenger Afflerbach Furno Lincoln Dawida Robbins Lewis Reibman Williams Andrezeski Greenleaf Loeper Fattah Lynch Scanlon Fisher Armstrong Greenwood Baker Hart Madigan Schwartz NAYS-0 Bel an Helfrick Mellow Shaffer Bell Holl Musto Shumaker A constitutional majority of all the Senators having voted Bodack Hopper O'Pake Stapleton Stewart "aye," the question was determined in the affirmative .. Bortner Jones Pecora Brightbill Jubelirer Peterson Stout Ordered, That the Secretary of the Senate return said bill to Corman LaValle Porterfield Tilghman the House of Representatives with information that the Dawida Lemmond Punt Wenger Williams Senate has passed the same with amendments in which con­ Fattah Lewis Reibman Fisher is requested. currence of the House NAYS-0 HB 124 CALLED UP OUT OF ORDER A constitutional majority of all the Senators having voted HB 124 (Pr. No. 121) Without objection, the bill was ''aye,'' the question was determined in the affirmative. called up out of order, from page 2 of the Third Consider­ Ordered, That the Secretary of the Senate return said bill to ation Calendar, by Senator LOEPER, as a Special Order of the House of Representatives with information that the Business. Senate has passed the same with amendments in which con­ BILL LAID ON THE TABLE currence of the House is requested. HB 124 (Pr. No. 121) The Senate proceeded to consider- HB 871 CALLED UP OUT OF ORDER ation of the bill, entitled: HB 871 (Pr. No. 3125) - Without objection, the bill was An Act amending Title 20 (Decedents, Estates and Fiduciaries) called up out of order, from page 3 of the Third Consider­ of the Pennsylvania Consolidated Statutes, further providing for ation Calendar, by Senator LOEPER, as a Special Order of dispositions independent of letters. Business. Upon motion of Senator LOEPER, and agreed to, the bill BILL ON THIRD CONSIDERATION was laid on the table. AND FINAL PASSAGE HB 355 CALLED UP OUT OF ORDER HB 871 (Pr. No. 3125)- The Senate proceeded to consid­ HB 355 (Pr. No. 3918) -Without objection, the bill was eration of the bill, entitled: called up out of order, from page 2 of the Third Consider­ An Act amending Title 13 (Commercial Code) of the Pennsyl­ Order of ation Calendar, by Senator LOEPER, as a Special vania Consolidated Statutes, conforming the text of the title to Business. the current official text of the Uniform Commercial Code relat­ ing to leases, negotiable instruments, bank deposits and collec­ BILL ON THIRD CONSIDERATION tions, funds transfers and uncertificated securities; repealing pro­ AND FINAL PASSAGE visions relating to bulk transfers; and making editorial changes. HB 355 (Pr. No. 3918)- The Senate proceeded to consid­ Considered the third time and agreed to, eration of the bill, entitled: On the question, An Act amending Title 75 (Vehicles) of the Pennsylvania Con­ Shall the bill pass finally? solidated Statutes, adding a definition of "commercial imple­ ment of husbandry" and adding amending provisions relating The yeas and nays were taken agreeably to the provisions of thereto; and further providing for vehicles exempt from registra­ the Constitution and were as follows, viz: tion and for permits for certain chemical and fertilizer vehicles; further providing for drivers required to be licensed, for restric­ YEAS-49 tions on use of handicapped parking areas and for driving under providing for Penn­ Afflerbach Furno Lincoln Rhoades influence of alcohol or controlled substance; Andrezeski Greenleaf Loeper Robbins sylvania Turnpike extensions and improvements; and making a Armstrong Greenwood Lynch Scanlon repeal. Baker Hart Madigan Schwartz Bel an Helfrick Mellow Shaffer Considered the third time and agreed to, Bell Holl Musto Shumaker And the amendments made thereto having been printed as Bodack Hopper O'Pake Stapleton required by the Constitution, Bortner Jones Pecora Stewart Brightbill Jubelirer Peterson Stout On the question, Corman LaValle Porterfield Tilghman Shall the bill pass finally? Dawida Lemmond Punt Wenger Fattah Lewis Reibman Williams The yeas and nays were taken agreeably to the provisions of Fisher the Constitution and were as follows, viz: NAYS-0 2486 LEGISLATIVE JOURNAL-SENATE JULY 1,

A constitutional majority of all the Senators having voted BILL LAID ON THE TABLE "aye," the question was determined in the affirmative. HB 1147 (Pr. No. 1305)- The Senate proceeded to consid­ Ordered, That the Secretary of the Senate return said bill to eration of the bill, entitled: the House of Representatives with information that the Senate has passed the same without amendments. An Act amending the act of July 29, 1953 (P. L. 970, No. 235), referred to as the "Middle Atlantic Interstate Forest Fire Protec­ HB 1136 CALLED UP OUT OF ORDER tion Compact Act," authorizing the admission of other states into the compact; and making an editorial change. HB 1136 (Pr. No. 3908)- Without objection, the bill was called up out of order, from page 3 of the Third Consider­ Upon motion of Senator LOEPER, and agreed to, the bill ation Calendar, by Senator LOEPER, as a Special Order of was laid on the table. Business. HB .1318 CALLED UP OUT OF ORDER BILL ON THIRD CONSIDERATION HB 1318 (Pr. No. 3417)- Without objection, the bill was AND FINAL PASSAGE called up out of order, from page 3 of the Third Consider­ HB 1136 (Pr. No. 3908)- The Senate proceeded to consid­ ation Calendar, by Senator LOEPER, as a Special Order of eration of the bill, entitled: Business. An Act establishing the Pennsylvania Quality Leadership BILL ON THIRD CONSIDERATION Awards, the Pennsylvania Quality Leadership Awards Council, AND FINAL PASSAGE the Pennsylvania Quality Leadership Foundation and criteria and a selection process for the awards; and providing for presentation HB 1318 (Pr. No. 3417)- The Senate proceeded to consid­ of the awards. eration of the bill, entitled: Considered the third time and agreed to, An Act amending the act of March 10, 1949 (P. L. 30, No. 14), And the amendments made thereto having been printed as known as the "Public School Code of 1949," further providing required by the Constitution, for the cost of tuition and maintenance of certain exceptional children. On the question, Considered the third time and agreed to, Shall the bill pass finally? On the question, The yeas and nays were taken agreeably to the provisions of Shall the bill pass finally? the Constitution and were as follows, viz: The yeas and nays were taken agreeably to the provisions of YEAS-49 the Constitution and were as follows, viz: Afflerbach Furno Lincoln Rhoades Andrezeski Greenleaf Loeper Robbins YEAS-49 Armstrong Greenwood Lynch Scanlon Afflerbach Furno Lincoln Rhoades Baker Hart Madigan Schwartz Andrezeski Greenleaf Loeper Robbins Bel an Helfrick Mellow Shaffer Armstrong Greenwood Lynch Scanlon Bell Holl Musto Shumaker Baker Hart Madigan Schwartz Bodack Hopper O'Pake Stapleton Bel an Helfrick Mellow Shaffer Bortner Jones Pecora Stewart Bell Holl Musto Shumaker Brightbill Jubelirer Peterson Stout Bodack Hopper O'Pake Stapleton Corman LaValle Porterfield Tilghman Bortner Jones Pecora Stewart Dawida Lemmond Punt Wenger Brightbill Jubelirer Peterson Stout Fattah Lewis Reibman Williams Corman LaValle Porterfield Tilghman Fisher Dawida Lemmond Punt Wenger NAYS-0 Fattah Lewis Reibman Williams Fisher A constitutional majority of all the Senators having voted NAYS-0 "aye," the question was determined in the affirmative. Ordered, That the Secretary of the Senate return said bill to A constitutional majority of all the Senators having voted the House of Representatives with information that the "aye," the question was determined in the affirmative. Senate has passed the same with amendments in which con­ Ordered, That the Secretary of the Senate return said bill to currence of the House is requested. the House of Representatives with information that the Senate has passed the same without amendments. HB 1147 CALLED UP OUT OF ORDER HB 1387 CALLED UP OUT OF ORDER HB 1147 (Pr. No. 1305)- Without objection, the bill was called up out of order, from page 3 of the Third Consider­ HB 1387 (Pr. No. 1612) - Without objection, the bill was ation Calendar, by Senator LOEPER, as a Special Order of called up out of order, from page 3 of the Third Consider­ Business. ation Calendar, by Senator LOEPER, as a Special Order of Business. 1992 LEGISLATIVE JOURNAL-SENATE 2487

BILL ON THIRD CONSIDERATION Bell Holl Musto Shumaker AND FINAL PAS SAGE Bodack Hopper O'Pake Stapleton Bortner Jones Pecora Stewart HB 1387 (Pr. No. 1612)- The Senate proceeded to consid­ Brightbill Jubelirer Peterson Stout eration of the bill, entitled: Corman LaValle Porterfield Tilghman Dawida Lemmond Punt Wenger An Act amending Title 18 (Crimes and Offenses) of the Penn­ Fattah Lewis Reibman Williams sylvania Consolidated Statutes, further providing for the offense Fisher of prostitution and related offenses. NAYS-0

Considered the third time and agreed to, A constitutional majority of all the Senators having voted On the question, "aye," the question was determined in the affirmative. Shall the bill pass finally? Ordered, That the Secretary of the Senate present said bill to the House of Representatives for concurrence. The yeas and nays were taken agreeably to the provisions of the Constitution and were as follows, viz: SB 1790 CALLED UP OUT OF ORDER YEAS-49 SB 1790 (Pr. No. 2442) -Without objection, the bill was called up out of order, from page 4 of the Third Consider­ Afflerbach Furno Lincoln Rhoades Andrezeski Greenleaf Loeper Robbins ation Calendar, by Senator LOEPER, as a Special Order of Armstrong Greenwood Lynch Scanlon Business. Baker Hart Madigan Schwartz Belan Helfrick Mellow Shaffer BILL ON THIRD CONSIDERATION AMENDED Ben Holl Musto Shumaker Bodack Hopper O'Pake Stapleton SB 1790 (Pr. No. 2442)- The Senate proceeded to consid­ Bortner Jones Pecora Stewart eration of the bill, entitled: Brightbill Jubelirer Peterson Stout Corman LaValle Porterfield Tilghman An Act amending Title 24 (Education) of the Pennsylvania Dawida Lemmond Punt Wenger Consolidated Statutes, further providing for credited school Fattah Lewis Reibman Williams service and for termination of annuities. Fisher NAYS-0 Considered the third time, On the question, A constitutional majority of all the Senators having voted Will the Senate agree to the bill on third consideration? "aye," the question was determined in the affirmative. Senator LOEPER, by unanimous consent, offered the fol- Ordered, That the Secretary of the Senate return said bill to lowing amendment No. A3152: the House of Representatives with information that the Senate has passed the same without amendments. Amend Sec. 1 (Sec. 8302), page 2, line 5, by striking out "AND" SB 1733 CALLED UP OUT OF ORDER Amend Sec. 1 (Sec. 8302), page 2, line 6, by inserting after "1993,": and who declares his intent to retire prior to April I, SB 1733 (Pr. No. 2223) - Without objection, the bill was 1993, called up out of order, from page 4 of the Third Consider­ ~ On the ation Calendar, by Senator LOEPER, as a Special Order of question, Business. Will the Senate agree to the amendment? It was agreed to. BILL ON THIRD CONSIDERATION Without objection, the bill, as amended, was passed over in AND FINAL PASSAGE its order at the request of Senator LOEPER. SB 1733 (Pr. No. 2223)- The Senate proceeded to consid­ HB 2216 CALLED UP OUT OF ORDER eration of the bill, entitled: HB 2216 (Pr. No. 3910) - Without objection, the bill was An Act providing for the removal of toxics in packaging; called up out of order, from page 4 of the Third Consider­ giving the Department of Environmental Resources certain ation Calendar, responsibilities; and providing for enforcement and penalties. by Senator LOEPER, as a Special Order of Business. Considered the third time and agreed to, BILL ON THIRD CONSIDERATION On the question, AND FINAL PASSAGE Shall the bill pass finally? HB 2216 (Pr. No. 3910)- The Senate proceeded to consid­ The yeas and nays were taken agreeably to the provisions of eration of the bill, entitled: the Constitution and were as follows, viz: An Act amending the act of April9, 1929 (P. L. 177, No. 175), YEAS-49 known as "The Administrative Code of 1929," further providing for powers of the Secretary of General Services, Afflerbach for water sup­ Furno Lincoln Rhoades plies, for the powers and duties Andrezeski Greenleaf Loeper Robbins of the Environmental Quality Armstrong Greenwood Lynch Scanlon Board, for certain contracts by the Secretary of Transportation, Baker Hart Madigan Schwartz for machinery, equipment, lands and buildings relating to air- Belan Helfrick Mellow Shaffer 2488 LEGISLATIVE JOURNAL-SENATE JULY 1,

ports and for exemption for certain conveyances; providing for Bell Holl Musto Shumaker storage and handling of propane gas and for voluntary contribu­ Bodack Hopper O'Pake Stapleton tions to the United States Olympic Committee; and making Bortner Jones Pecora Stewart Stout repeals. Brightbill Jubelirer Peterson Corman LaValle Porterfield Tilghman Considered the third time and agreed to, Dawida Lemmond Punt Wenger Fattab Lewis Reibman Williams And the amendments made thereto having been printed as Fisher required by the Constitution, NAYS-0 On the question, Shall the bill pass finally? A constitutional majority of all the Senators having voted ''aye,'' the question was determined in the affirmative. The yeas and nays were taken agreeably to the provisions of Ordered, That the Secretary of the Senate return said bill to the Constitution and were as follows, viz: the House of Representatives with information that the YEAS-47 Senate has passed the same without amendments. Andrezeski Furno Loeper Robbins HB 2791 CALLED UP OUT OF ORDER Armstrong Greenleaf Lynch Scanlon Baker Hart Madigan Schwartz HB 2791 (Pr. No. 3892) Without objection, the bill was Bel an Helfrick Mellow Shaffer called up out of order, from page 5 of the Third Consider­ Bell Holl Musto Shumaker ation Calendar, by Senator LOEPER, as a Special Order of Bodack Hopper O'Pake Stapleton Bortner Jones Pecora Stewart Business. Brightbill Jubelirer Peterson Stout Corman LaValle Porterfield Tilghman BILL ON THIRD CONSIDERATION REVERTED Dawida Lemmond Punt Wenger TO PRIOR PRINTER'S NUMBER AND Fattab Lewis Reibman Williams FINAL PASSAGE Fisher Lincoln Rhoades NAYS-2 HB 2791 (Pr. No. 3892) The Senate proceeded to consid­ eration of the bill, entitled: Afflerbach Greenwood An Act amending the act of July 10, 1989 (P. L. 313, No. 52), A constitutional majority of all the Senators having voted known as the "Industrial Communities Action Program Act," "aye," the question was determined in the affirmative. further providing for definitions, for project eligibility and for Ordered, That the Secretary of the Senate return said bill to time limit on award of grants. the House of Representatives with information that the Considered the third time, Senate has passed the same with amendments in which con­ currence of the House is requested. On the question, Will the Senate agree to the bill on third consideration? HB 2574 CALLED UP OUT OF ORDER MOTION TO REVERT TO PRIOR HB 2574 (Pr. No. 3731)- Without objection, the bill was PRINTER'S NUMBER called up out of order, from page 5 of the Third Consider­ ation Calendar, by Senator LOEPER, as a Special Order of Senator LOEPER. Mr. President, I move to revert to prior Business. Printer's No. 3853 on House Bill No. 2791. The PRESIDENT. Senator Loeper moves that we revert to BILL ON THIRD CONSIDERATION prior Printer's No. 3853 on House Bill No. 2791. AND FINAL PASSAGE On the question, HB 2574 (Pr. No. 3731)- The Senate proceeded to consid­ Will the Senate agree to the motion? eration of the bill, entitled: The motion was agreed to. An Act amending the act of July 20, 1917 (P. L. 1158, No. The PRESIDENT. The Senate has before it House Bill No. 401), referred to as the "Constable Fee Law," changing fees and Printer's No. 3853. adding provisions relating to training and certification; and 2791, making a repeal. On the question, Considered the third time and agreed to, Will the Senate agree to the bill on third consideration? It was agreed to. On the question, Shall the bill pass finally? 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: The yeas and nays were taken agreeably to the provisions of the Constitution and were as follows, viz: YEAS-49 YEAS-49 Afflerbach Furno Lincoln Rhoades Andrezeski Greenleaf Loeper Robbins Afflerbach Furno Lincoln Rhoades Armstrong Greenwood Lynch Scanlon Andrezeski Greenleaf Loeper Robbins Baker Hart Madigan Schwartz Armstrong Greenwood Lynch Scanlon Belan Helfrick Mellow Shaffer Baker Hart Madigan Schwartz 1992 LEGISLATIVE JOURNAL-SENATE 2489

Bel an Helfrick Mellow Shaffer An Act amending Title 75 (Vehicles) of the Pennsylvania Con­ Bell Holl Musto Shumaker solidated Statutes, regulating off-road lighting equipment on Bodack Hopper O'Pake Stapleton vehicles; providing for Pennsylvania Turnpike extensions and Bortner Jones Pecora Stewart improvements; and making a repeal. Brightbill Jubelirer Peterson Stout Corman LaValle Porterfield Tilghman Senator LOEPER. Mr. President, I move the Senate do Dawida Lemmond Punt Wenger concur in the amendments made by the House as amended by Fattah Lewis Reibman Williams Fisher the Senate to Senate Bill No. 1324. NAYS-0 On the question, Will the Senate agree to the motion? A constitutional majority of all the Senators having voted "aye," the question was determined in the affirmative. The yeas and nays were taken agreeably to the provisions of Ordered, That the Secretary of the Senate return said bill to the Constitution and were as follows, viz: the House of Representatives with information that the YEAS-49 Senate has passed the same without amendments. Afflerbach Furno Lincoln Rhoades SB 1268 CALLED UP OUT OF ORDER Andrezeski Greenleaf Loeper Robbins Armstrong Greenwood Lynch Scanlon SB 1268 (Pr. No. 2345)- Without objection, the bill was Baker Hart Madigan Schwartz called up out of order, from page 6 of the Second Consider­ Bel an Helfrick Mellow Shaffer Bell Holl Musto Shumaker ation Calendar, by Senator LOEPER, as a Special Order of Bodack Hopper O'Pake Stapleton Business. Bortner Jones Pecora Stewart Brightbill Jubelirer Peterson Stout BILL ON SECOND CONSIDERATION Corman LaValle Porterfield Tilghman Dawida Lemmond Punt Wenger SB 1268 (Pr. No. 2345)- The Senate proceeded to consid­ Fattah Lewis Reibman Williams eration of the bill, entitled: Fisher An Act amending the act of March 10, 1949 (P. L. 30, No. 14), NAYS-0 entitled "Public School Code of 1949," providing for a parent involvement program and for academic intervention and recovery A constitutional majority of all the Senators having voted program. "aye," the question was determined in the affirmative. Ordered, That the. Secretary of the Senate inform the House Considered the second time and agreed to, Ordered, To be printed on the Calendar for third consider­ of Representatives accordingly. ation. SPECIAL ORDER OF BUSINESS SB 1787 CALLED UP OUT OF ORDER SUPPLEMENTAL CALENDAR NO.2 SB 1787 (Pr. No. 2277) - Without objection, the bill was called up out of order, from page 6 of the Second Consider­ THIRD CONSIDERATION CALENDAR ation Calendar, by Senator LOEPER, as a Special Order of BILL ON THIRD CONSIDERATION Business. AND FINAL PAS SAGE BILL LAID ON THE TABLE SB 1790 (Pr. No. 2445)- The Senate proceeded to consid­ SB 1787 (Pr. No. 2277)- The Senate proceeded to consid­ eration of the bill, entitled: eration of the bill, entitled: An Act amending Title 24 (Education) of the Pennsylvania An Act amending the act of July 28, 1953 (P. L. 723, No. 230), Consolidated Statutes, further providing for credited school entitled, as amended, ''Second Class County Code,'' further pro­ service and for termination of annuities. viding for county employee retirement allowances. Considered the third time and agreed to, Upon motion of Senator LOEPER, and agreed to, the bill And the amendments made thereto having been printed as was laid on the table. required by the Constitution, On the question, SPECIAL ORDER OF BUSINESS Shall the bill pass finally? SUPPLEMENTAL CALENDAR NO.1 The yeas and nays were taken agreeably to the provisions of BILL ON CONCURRENCE IN the Constitution and were as follows, viz: HOUSE AMENDMENTS AS AMENDED YEAS-49 SENATE CONCURS IN HOUSE AMENDMENTS Afflerbach Furno Lincoln Rhoades AS AMENDED BY THE SENATE Andrezeski Greenleaf Loeper Robbins Armstrong Greenwood Lynch Scanlon SB 1324 (Pr. No. 2444)- The Senate proceeded to consid­ Baker Hart Madigan Schwartz eration of the bill, entitled: Bel an Helfrick Mellow Shaffer Bell Holl Musto Shumaker Bodack Hopper O'Pake Stapleton 2490 LEGISLATIVE JOURNAL-SENATE JULY 1,

Bortner Jones Pecora Stewart BILL ON CONCURRENCE IN Brightbill Jubelirer Peterson Stout HOUSE AMENDMENTS, AS AMENDED, LaVaile Porterfield Tilghman Corman TO SENATE AMENDMENTS Dawida Lemmond Punt Wenger Fattah Lewis Reibman Williams SENATE CONCURS IN HOUSE AMENDMENTS, Fisher AS AMENDED, TO SENATE AMENDMENTS NAYS-0 SB 402 (Pr. No. 2414)- The Senate proceeded to consider­ A constitutional majority of all the Senators having voted ation of the bill, entitled: "aye," the question was determined in the affirmative. An Act amending Title 23 (Domestic Relations) of the Pennsyl­ present said bill Ordered, That the Secretary of the Senate vania Consolidated Statutes, providing for a lottery winnings to the House of Representatives for concurrence. intercept in relation to delinquent support obligors; and further providing for emergency relief. SPECIAL ORDER OF BUSINESS Senator LOEPER. Mr. President, I move the Senate do SUPPLEMENTAL CALENDAR NO. 5 concur in the amendments made by the House, as amended by the Senate, to Senate amendments to Senate Bill No. 402. BILL ON CONCURRENCE IN On the question, HOUSE AMENDMENTS RECALLED FROM Will the Senate agree to the motion? THE GOVERNOR The yeas and nays were taken agreeably to the provisions of SENATE CONCURS IN HOUSE AMENDMENTS the Constitution and were as follows, viz: IN BILL RECALLED FROM THE GOVERNOR YEAS-49 HB 734 (Pr. No. 3902)- The Senate proceeded to consid­ eration of the bill, entitled: Afflerbach Furno Lincoln Rhoades Andrezeski Greenleaf Loeper Robbins An Act designating the section of L.R. 238, Spur C, in Mercer Armstrong Greenwood Lynch Scanlon County, Pennsylvania, as the Nick Strimbu Jr., Industrial Corri­ Baker Hait Madigan Schwartz dor. Bel an Helfrick Mellow Shaffer Bell Holl Musto Shumaker Senator LOEPER. Mr. President, I move the Senate do Bodack Hopper O'Pake Stapleton concur in the amendments made by the House to House Bill Bortner Jones Pecora Stewart Brightbill Jubelirer Peterson Stout No. 734, a bill recalled from the Governor. Corman LaValle Porterfield Tilghman Dawida Lemmond Punt Wenger On the question, Fattah Lewis Reibman Williams Will the Senate agree to the motion? Fisher The yeas and nays were taken agreeably to the provisions of NAYS-0 the Constitution and were as follows, viz: A constitutional majority of all the Senators having voted YEAS-49 ''aye,'' the question was determined in the affirmative. Secretary of the Senate inform the House Afflerbach Furno Lincoln Rhoades Ordered, That the Andrezeski Greenleaf Loeper Robbins of Representatives accordingly. Armstrong Greenwood Lynch Scanlon Baker Hart Madigan Schwartz BILLS ON CONCURRENCE IN Belan Helfrick Mellow Shaffer HOUSE AMENDMENTS Bell Holl Musto Shumaker Bodack Hopper O'Pake Stapleton SENATE CONCURS IN HOUSE AMENDMENTS Bortner Jones Pecora Stewart Brightbill Jubelirer Peterson Stout SB 950 (Pr. No. 2397)- The Senate proceeded to consider­ Corman LaValle Porterfield Tilghman ation of the bill, entitled: Dawida Lemmond Punt Wenger Fattah Lewis Reibman Williams An Act amending the act of December 14, 1967 (P. L. 746, No. Fisher 345), entitled "Savings Association Code of 1967," providing for NAYS-0 reciprocal interstate operations; further providing for acquisi­ tions of the stock of a savings association; revising proxy rules; A constitutional majority of all the Senators having voted further providing for approval of branch by the Department of Banking; further providing for number and qualification of "aye," the question was determined in the affirmative. directors; and making repeals. Ordered, That the Secretary of the Senate inform the House of Repreientatives accordingly. Senator LOEPER. Mr. President, I move that the Senate do concur in the amendments made by the House to Senate Bill No. 950. On the question, Will the Senate agree to the motion? 1992 LEGISLATIVE JOURNAL-SENATE 2491

The yeas and nays were taken agreeably to the provisions of SENATE CONCURS IN HOUSE AMENDMENTS the Constitution and were as follows, viz: SB 1110 (Pr. No. 2066) The Senate proceeded to consid- YEAS-48 eration of the bill, entitled: Afflerbach Fisher Lincoln Rhoades An Act amending the act of May 17, 1921 (P. L. 789, No. 285), Andrezeski Furno Loeper Robbins entitled, as amended, "The Insurance Department Act of one Armstrong Greenleaf Lynch Scanlon thousand nine hundred and twenty-one," regulating exclusions Baker Greenwood Madigan Schwartz for certificates of authority to do business. Belan Helfrick Mellow Shaffer Bell Holl Musto Shumaker Senator LOEPER. Mr. President, I move that the Senate Bodack Hopper O'Pake Stapleton do concur in the amendments made by the House to Senate Bortner Jones Pecora Stewart Brightbill Jubelirer Peterson Stout Bill No. 1110. Corman LaValle Porterfield Tilghman Dawida Lemmond Punt Wenger On the question, Fattah Lewis Reibman Williams Will the Senate agree to the motion? NAYS-I The yeas and nays were taken agreeably to the provisions of Hart the Constitution and were as follows, viz: A constitutional majority of all the Senators having voted YEAS-49 "aye," the question was determined in the affirmative. Afflerbach Furno Lincoln Rhoades Orderea, That the Secretary of the Senate inform the House Andrezeski Greenleaf Loeper Robbins of Representatives accordingly. Armstrong Greenwood Lynch Scanlon Baker Hart Madigan Schwartz SENATE CONCURS IN HOUSE AMENDMENTS Bel an Helfrick Mellow Shaffer Bell Holl Musto Shumaker SB 1007 (Pr. No. 2391) The Senate proceeded to consid- Bodack Hopper O'Pake Stapleton eration of the bill, entitled: Bortner Jones Pecora Stewart Brightbill Jubelirer Peterson Stout An Act amending the act of November 30, 1965 (P. L. 847, No. Corman LaValle Porterfield Tilghman 356), entitled "Banking Code of 1965," further providing for the Dawida Lemmond Punt Wenger duties of the Advisory Commission, for nonconforming loans, Fattah Lewis Reibman Williams for the regulation of mutual holding companies, for requirements Fisher in connection with real estate loans, for residency requirements of NAYS-0 directors or trustees and for the powers of the department. A constitutional majority of all the Senators having voted Senator LOEPER. Mr. President, I move that the Senate ''aye," the question was determined in the affirmative. do concur in the amendments made by the House to Senate Ordered, That the Secretary of the Senate inform the House Bill No. 1007. of Representatives accordingly. On the question, SENATE CONCURS IN HOUSE AMENDMENTS Will the Senate agree to the motion? SB 1299 (Pr. No. 2317)- The Senate proceeded to consid­ The yeas and nays were taken agreeably to the provisions of eration of the bill, entitled: the Constitution and were as follows, viz: An Act amending the act of December 19, 1990 (P. L. 1200, YEAS-49 No. 202), entitled "Solicitation of Funds for Charitable Purposes Afflerbach Furno Lincoln Rhoades Act," further defining "charitable organization," "commercial Andrezeski Greenleaf Loeper Robbins coventurer," "contribution," "professional fundraising Armstrong Greenwood Lynch Scanlon counsel" and "professional solicitor"; and further providing for Baker Hart Madigan Schwartz registration and fees, for filing information, deposits and with­ Belan Helfrick Mellow Shaffer drawals and for cancellations. Bell Holl Musto Shumaker Bodack Hopper O'Pake Stapleton Senator LOEPER. Mr. President, I move that the Senate Bortner Jones Pecora Stewart do concur in the amendments made by the House to Senate Brightbill Jubelirer Peterson Stout Corman LaValle Porterfield Tilghman Bill No. 1299. Dawida Lemmond Punt Wenger On the question, Fattah Lewis Reibman Williams Fisher Will the Senate agree to the motion? NAYS-0 The yeas and nays were taken agreeably to the provisions of the Constitution and were as follows, viz: A constitutional majority of all the Senators having voted "aye," the question was determined in the affirmative. YEAS-49 Ordered, That the Secretary of the Senate inform the House Afflerbach Furno Lincoln Rhoades of Representatives accordingly. Andrezeski Greenleaf Loeper Robbins Armstrong Greenwood Lynch Scanlon Baker Hart Madigan Schwartz Bel an Helfrick Mellow Shaffer Bell Hoi! Musto Shumaker 2492 LEGISLATIVE JOURNAL-SENATE JULY 1,

Bodack Hopper O'Pake Stapleton Senator LOEPER. Mr. President, I move that the Senate Bortner Jones Pecora Stewart do concur in the amendments made by the House to Senate Brightbill Jubelirer Peterson Stout Corman LaValle Porterfield Tilghman Bill No. 1536. Dawida Lemmond Punt Wenger Fattah Lewis Reibman Williams On the question, Fisher Will the Senate agree to the motion? NAYS-0 The yeas and nays were taken agreeably to the provisions of the Constitution and were as follows, viz: A constitutional majority of all the Senators having voted "aye," the question was determined in the affirmative. YEAS-49 Ordered, That the Secretary ofthe Senate inform the House Afflerbach Furno Lincoln Rhoades of Representatives accordingly. Andrezeski Greenleaf Loeper Robbins Armstrong Greenwood Lynch Scanlon SENATE CONCURS IN HOUSE AMENDMENTS Baker Hart Madigan Schwartz Bel an Helfrick Mellow Shaffer SB 1393 (Pr. No. 2411) The Senate proceeded to consid- Bell Holl Musto Shumaker eration of the bill, entitled: Bodack Hopper O'Pake Stapleton Bortner Jones Pecora Stewart An Act providing for licensure of screening mammography Brightbill Jubelirer Peterson Stout service providers; prescribing powers and duties of the Depart­ Corman LaValle Porterfield Tilghman ment of Health; establishing radiation machine and facility Dawida Lemmond Punt Wenger inspection procedures; providing for licensure revocation and Fattah Lewis Reibman Williams nonrenewal; and imposing penalties. Fisher NAYS-0 Senator LOEPER. Mr. President, I move that the Senate do concur in the amendments made by the House to Senate A constitutional majority of all the Senators having voted Bill No. 1393. "aye," the question was determined in the affirmative. On the question, Ordered, That the Secretary of the Senate inform the House Will the Senate agree to the motion? of Representatives accordingly. The yeas and nays were taken agreeably to the provisions of FINAL PASSAGE CALENDAR the Constitution and were as follows, viz: BILL ON FINAL PASSAGE, DEFEATED YEAS-49 SB 444 (Pr. No. 471)- The Senate proceeded to consider­ Afflerbach Furno Lincoln Rhoades ation of the bill, entitled: Andrezeski Greenleaf Loeper Robbins Armstrong Greenwood Lynch Scanlon An Act amending the act of October 15, 1980 (P. L. 950, No. Baker Hart Madigan Schwartz 164), entitled "Commonwealth Attorneys Act," classifying the Bel an Helfrick Mellow Shaffer State System of Higher Education as an independent agency enti­ Bell Holl Musto Shumaker tled to appoint and fix the compensation of legal counsel. Bodack Hopper O'Pake Stapleton Bortner Jones Pecora Stewart On the question, Brightbill Jubelirer Peterson Stout Shall the bill pass finally? Corman LaValle Porterfield Tilghman Dawida Lemmond Punt Wenger Senator MELLOW. Mr. President, I would simply request Fattah Lewis Reibman Williams a negative vote on Senate Bill No. 444. Fisher NAYS-0 And the question recurring, Shall the bill pass finally? A constitutional majority of all the Senators having voted (During the calling of the roll, the following occurred:) "aye," the question was determined in the affirmative. Senator BELAN. Mr. President, I would like to change my Ordered, That the Secretary of the Senate inform the House vote from "aye" to "no." of Representatives accordingly. The PRESIDENT. The gentleman will be so recorded. SENATE CONCURS IN HOUSE AMENDMENTS The yeas and nays were taken agreeably to the provisions of SB 1536 (Pr. No. 2439)- The Senate proceeded to consid­ the Constitution and were as follows, viz: eration of the bill, entitled: YEAS-25 An Act Itemizing Fiscal Year 1992-1993 capital budget projects in Armstrong Greenwood Lemmond Rhoades the categories of highway projects and Fish Fund and Boat Baker Hart Loeper Robbins Fund projects to be constructed or acquired by the Department of Bell Helfrick Madigan Shaffer Transportation or the Pennsylvania Fish and Boat Commission, Brightbill Holl Pecora Shumaker together with their estimated financial costs; and stating the esti­ Corman Hopper Peterson Tilghman mated useful life of the projects. Fisher Jubelirer Punt Wenger Greenleaf 1992 LEGISLATIVE JOURNAL-SENATE 2493

NAYS-24 Senator WILLIAMS. Mr. President, the heart of this motion speaks to a very important question, and that is Afflerbach Fattah Lynch Scanlon Andrezeski Furno Mellow Schwartz current events in our country are of very basic importance in Belan Jones Musto Stapleton our cities. We are now poised on a summer of uncertainty and Bodack LaValle O'Pake Stewart the national government, from the administration on down, Bortner Lewis Porterfield Stout Dawida Lincoln Reibman Williams has seen fit to appropriate significant moneys in order to address the occupation and preoccupation of the youth in our Less than a majority o( all the Senators having voted cities. That issue is of such overreaching importance, Mr. "aye," the question was determined in the negative. President, that I think we should, expeditiously enact that par­ ticular move of Congress so our cities can have some relief SPECIAL ORDER OF BUSINESS and our children can have some support. SUPPLEMENTAL CALENDAR NO. 3 Senate Bill No. 6 has contained in it issues that conflict with the passage of that wise piece of legislation, and it contains BILL ON CONCURRENCE IN HOUSE issues that can, by process, be addressed in some other form AMENDMENTS, AS AMENDED, TO in some other way. I do understand that the House probably SENATE AMENDMENTS did make some omissions in not providing for an adequate BILL REVERTED TO PRIOR PRINTER'S vehicle and perhaps at an earlier time to contain this particu­ NUMBER AND SENATE CONCURS IN lar vehicle. However, that being so, I do not think that we HOUSE AMENDMENTS ought to overreact and not put some expedition to legislation which all of us universally agree is most necessary. And it is SB 6 (Pr. No. 2446)- The Senate proceeded to consider­ my hope that after having debated this on both sides of the ation of the bill, entitled: aisle and in caucus and in our committees here that blame will An Act amending the act of March 10, 1949 (P. L. 30, No. 14), not help the children, misplaced blame certainly will not have entitled "Public School Code of 1949," further providing for the any meaning. use of increased State allocations, for payments on account of transportation of nonpublic school pupils, for payments on So, it is my hope that in our own deliberate reflection we account ofbuilding costs, for limitation of certain payments, for will remember what happened a couple of months ago in Los payments to intermediate units, for special education payments, Angeles and just understand that this very small step toward for extraordinary special education expenses and for certain unification, toward healing, is something that should not be payment guarantees; providing for a summer employment impeded by a somewhat lesser issue, and any omissions, program for disadvantaged youth; redefining eligibility for com­ munity college payments; providing interest for certain late pay­ whether they be accurate or inaccurate. So I ask for support ments; and imposing powers and duties on the Department of on both sides of the aisle, Mr. President, in the spirit of bipar­ Education. tisanship which was exhibited by the folks on the national Senator LOEPER. Mr. President, I move that the Senate level, from President Bush to every member of Congress. do concur in the amendments made by the House, as amended Senator LOEPER. Mr. President, I think that we had a by the Senate, to Senate amendments to Senate Bill No. 6. very sincere discussion of many of the issues that were con­ tained in Senate Bill No. 6 during the course of the meeting on On the question, the Committee on Rules and Executive Nominations today Will the Senate agree to the motion? when we had the opportunity to offer an amendment to LEGISLATIVE LEAVE CANCELLED Senate Bill No. 6 to try to offer some corrective language that would address some extremely inequitable situations that have The PRESIDENT. The Chair recognizes the presence on occurred particularly related to the area of special education the floor of Senator Jones. Her temporary Capitol leave will and the distribution of moneys to our school districts with the be cancelled. adoption of the General Fund Budget for 1992-93 and the And the question recurring, ambiguities and the uncertainties that are going to be left in Will the Senate agree to the motion? our school districts not being able to receive their special edu­ Senator WILLIAMS. Mr. President, I ask unanimous cation payments in a timely manner and also with a formula consent to move that Senate Bill No. 6 be reverted to the prior that addresses the distribution of those payments. Printer's No. 2440 of same. In Senate Bill No. 6, I believe the original intent of the The PRESIDENT. Senator Williams asks unanimous House was to try to put into place a formula for the distribu­ consent to offer a motion to revert to a prior printer's tion of ESBE money to each one of our local school districts, number. The Chair hears no objection. The motion is to 501, and also for the distribution of special education money revert to Printer's No. 2440. to those districts. I would like to just take a moment and speak to the issue of On the question, special education because the language in Senate Bill No. 6, Will the Senate agree to the motion? the way it was transmitted from the House, the intent origi­ nally was to guarantee that all school districts and inter- 2494 LEGISLATIVE JOURNAL-SENATE JULY 1,

mediate units would not receive less money in 1992-93 than In addition to that, Mr. President, I think it is noteworthy they received in 1991-92, which would be exclusive of any rec­ that the administration, on June 24, requested that the line onciliation funding. However, unfortunately, in their haste to item be increased by $20,545,000 to a total $56,500,000. These draft this bill and to run out of town Monday night, the funds were to be distributed by the Department of Labor and House made several mistakes in the drafting of the bill. There Industry to each one of our service delivery areas throughout is wording that seems to require that school distiicts, and only this Commonwealth, and the people who operate these pro­ 3 school districts, would either qualify for funding and pre­ grams in our various counties-and there are more than just clude the funding to the other 498 school districts. The only the city of Philadelphia and the city of Pittsburgh that are intermediate units, as worded in the House bill, that would affected by these job opportunities and programs-are either receive special education funding would be the intermediate private agencies or governmental agencies that perform the units in Philadelphia, Pittsburgh, and Schuylkill, and that any services themselves or contract with others to provide these other intermediate unit would not be eligible for any special jobs. I think, Mr. President, it is important to note that education funding, according to the provisions in Senate Bill depending on how fast the service delivery areas spend these No. 6. Basically, what it does provide is that 10 percent of funds, that is going to determine how long these funds that moneys would be rebated for special ed purposes back to the are already appropriated in the General Fund budget will last. other intermediate units. My Committee on Appropriations indicates to us that the best I think that the other concern is that there was wording estimates are that the appropriation of $36 million would included in Senate Bill No. 6 that seems to require that school probably run out in September. That would be enough money districts, and only the aforementioned three IUs - that is Phil­ to run this program from this point in time through adelphia, Pittsburgh, and Schuylkill would receive between September. July and December 1992 funds at least equal to the amount I think it is also important to note, Mr. President, that these received in 1991-92. In other words, there is only a provision service delivery areas have also appropriated to them an addi­ for those three intermediat~ units to receive special education tional $70 million, and I believe that is outlined on page 83 of funding for a six-month period, not even a full year, and no House Bill No. 1320, and the language for that appropriation basic formula in place for distribution of special ed mqneys to is very general and could be used to cover any funds that are "all of our other school districts through the intermediate received in excess of the $36 millio.n. In other words, Mr. units. President, it is my view that the executive branch and the Gov­ We had asked, Mr. President, the Legislative Reference ernor himself would have the authority by executive authori­ Bureau to review the situation, and the Legislative Reference zation to transfer in excess of that $36 million that is line­ Bureau, in fact, has recommended to us that the wording itemed any of that $70 million that may be needed in order to does, indeed, preclude all but the three IUs from receiving cover that period for the summer jobs. And it would seem to funds, and that the payments required are at least open to the me, Mr. President, that this is a problem that the administra­ \ multiple interpretations. And it is essentially on that basis, tion could very easily handle and we could move forward with Mr. President, that an amendment was drafted to put correc­ trying to correct the language in Senate Bill No. 6 that would tive language in to clarify how the distribution of that special particularly address the problems that our local school dis­ education money should be made to all of our school districts tricts are facing and, hopefully, would be an impetus for the whose budget year commences as of today, and that in order House of Representatives to return in order to address this sit­ for them to receive special ed payments in a timely fashion, it uation so we could have a stable and predictable funding base is our view that this language to straighten out those ambigui­ not only for our ESBE formula, the Equalized Subsidy for ties is very necessary. Basic Education, but also for special education as the new However, I do not want to lose sight of the fact of the school year ensues. importance of the issue that the gentleman from Philadelphia, Therefore, Mr. President, I would ask that we oppose the Senator Williams, had raised as far as summer jobs and the motion to revert. youth training program and what impact that not passing this Senator FATT AH. Mr. President, I am going to attempt to bill on to the Governor may have. I think we are looking at be brief. one where we are seeing that there is complete ambiguity and It is true that there are some technical difficulties perhaps a mistake has been made as far as effect on every one of our apparent in Senate Bill No. 6 as it was returned by the House. local school districts, but, yet, on the other side, we also rec­ It is inaccurate, however, to suggest that the Legislative Refer­ ognize the importance of a summer job program. ence Bureau has issued an opinion as it relates to those My understanding, Mr. President, is that there currently is matters. In a copy of a memo that was sent to the Senate $36 million that is appropriated to our Department of Labor Majority, the final concluding sentence is that they choose not and Industry in Pennsylvania for this program. That line item to issue an opinion in light of the various different inter­ amount, $36 million, can be found on page 83 of House Bill pretations of the language, and I would like to just make the No. 1320, which was signed into law by the Governor last record clear on that point. evening. There are some difficulties, and because of that we con­ tacted the Secretary of Education, and I have a letter that I 1992 LEGISLATIVE JOURNAL-SENATE 2495

would like to submit for the record indicating that the Secre­ think is too much to bear in some political football fight tary of Education is prepared to make payments to our school between us and the House about who gets to go on vacation districts and IU's, even though he recognizes some technical first. problems with Senate Bill No. 6, but given its passage today in Thank you, Mr. President. the form that it passed the House, those payments will Senator LOEPER. Mr. President, I was wondering if the proceed. gentleman from Philadelphia, Senator Fattah, would stand for brief interrogation. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF EDUCATION The PRESIDENT. Will the gentleman from Philadelphia, 333 Market Street Senator Fattah, permit himself to be interrogated? Harrisburg, Pennsylvania 17126-0333 Senator FATTAH. I will, Mr. President. July 1, 1992 Senator LOEPER. Mr. President, could the gentleman tell The Honorable Chaka Fattah us, in light of the fact that in the Committee on Rules and Senate of Pennsylvania Executive Nominations today when this issue was being dis­ Post Office Box 7 cussed Members of his Caucus indicated that they had met 543 Main Capitol Building with the Secretary of Education yesterday, I believe, in the Harrisburg, Pennsylvania 17120 caucus, and he had indicated that regardless of whether this Dear Senator Fattah: was passed or not, there would be no formula in place, in their I have been asked whether I can make special education pay­ view, to release any school funds to any school district. And if ments under the provisions of Senate Bil16. I understood the gentleman correctly, what he is telling me Senate Bill 6 has several technical problems but I can tempo­ rarily make payments to school districts and intermediate units today is that he has just received a letter from the Secretary until the technical problems are resolved. that gives an opinion 180 degrees from what he had said yes­ I want to emphasize that any action I take is temporary. We terday. Am I essentially correct in that interpretation? must have a permanent resolution of special education funding Senator FATTAH. I think what is correct is that when we by October 15, 1992. passed the ESBE formula last year we passed it for two con­ Sincerely yours, secutive school years, and absent any change in that, there DONALD M. CARROLL, Jr. would be a formula in place. But my understanding of the Secretary of Education letter which is before us and the letter that I am submitting for Senator FATTAH. I also have a second letter indicating the the record is that the ESBE payments will be made, given same disposition relative to the ESBE formula. Senate Bill No. 6's passage. And if it is not passed, in the Now I am going to move to the issue of the job training second paragraph of the letter it says, I believe, verbatim, that funds. It is an important area of concern, and from all the ESBE formulas would still be made, but at a prorated reduc­ information available to us, in fact, including a letter from the tion, given the budget that was passed by the Senate Majority Governor's Office indicating that the only way these job vis-a-vis ESBE formulas. training dollars are going to be available throughout the Com­ Senator LOEPER. Thank you, Mr. President. monwealth of Pennsylvania this summer for our young Senator FATTAH. Thank you. people is if we pass Senate Bill No. 6. So, even though I Senator LOEPER. I appreciate the gentleman's coopera­ respect and do concur in many respects with the issues that tion. have been raised by the Majority Leader relative to the need to Mr. President, I think that once again this simply points out clean up Senate Bill No. 6, I think that we should pass it as it the lack of confidence that any of us can have in our Depart­ came from the House. ment of Education, that what we consistently hear from them Therefore, I would support the motion to revert, and I is one 'story today and another story tomorrow. And I think would hope when we return that we will delve more clearly what we can do, Mr. President, is simply look back to last into the issue of the problems with special ed and try to rectify year's budget deliberations when we had the commitment them. I believe that is why the House put a deadline on pay­ from the Department of Education that they were going to ments to those school districts for December, so as to force us fund nonpublic school transportation-that was an item to a shared consensus at some future point on that matter, included in last year's budget-when we had representatives and, indeed, many, many Members of my Caucus, including of the Department come in to us and tell us that they were the gentleman from Fayette, Senator Lincoln, and the gentle­ proposing an administration program that was going to revo­ man from Washington, Senator Stout, and the gentleman lutionize special education. It was going to change the way in from York, Senator Bortner, and others, are very concerned which districts were reimbursed for special education, and about the impact of the special ed funding formulas as they that it would be done on a fair and equitable basis, and every have been handled by the department, and we would be inter­ one of our school districts would receive more money than ested in helping to resolve that. But at this point, I would they did under the old program, but, yet, we were going to be stand in support of the motion to revert to a prior printer's able to start containing and cutting costs. number because the irreparable damage that will be done if we Mr. President, I think what we found instead is that those do not pass this for young people in our Commonwealth I figures were erroneous, the information that we received 2496 LEGISLATIVE JOURNAL-SENATE JULY 1, about special education and cost reimbursement to our local only do it at the 1991-92 rate. So there will be ESBE pay­ school districts was erroneous, and the amount of money that ments. I am a little bit confused about where he gets the our districts received was nowhere near what the department authorization to change the rate, but that is between him and had indicated to us that they were going to receive. the courts, I guess. Mr. President, I just get concerned when I hear the depart­ But more importantly, Mr. President, we have another ment, once again, saying one thing yesterday and saying letter from Secretary Carroll that indicates that although there another thing today. And I am very troubled about exactly are technical problems in Senate Bill No. 6, he will make tem­ what they are going to do to all of our school districts in this porary payments on special education. He recognizes that it is State. I think that one thing we have to be concerned with is only temporary, but he will continue to make special educa­ that if you do have confidence in our Department of Educa­ tion payments. tion, then I think you would have to vote for the motion to Mr. President, the issue is, on this motion to revert, revert. If you do not, then I think you would have to sustain whether or not we will provide to the underprivileged children and we would move to vote Senate Bill No. 6 as amended. of this Commonwealth some extra $20 million which was Thank you. appropriated by the Congress of the United States and signed Senator RHOADES. Mr. President, I rise to join my col­ into law by the President of the United States, a member of league from Delaware County, Senator Loeper, on the memo the party of the other side of the aisle. There seems to be a lot that came from the Secretary, last paragraph, "Without of confusion over the issue, but as we understand it, the Senate Bill 6, we will pay at the rate provided for in the print­ money that was appropriated from Congress has a specific out issued in February using pro-rata reduction." window of opportunity in which this money must be appro­ I have a very grave concern there from the standpoint of the priated, and this money can only be used for this project. The authority for a prorata reduction. I do not know that that was reason for that is that Congress did not want the States taking in Act 25 which was adopted August 5 of last year, an allow­ this extra money and doing other things with it. They want it ance for a pro rata, nor has there been any other piece of legis­ to be a specifically targeted program, and that is why you find lation passed which would allow for that prorata. So, I think difficulty in being able to move money around through the the Secretary is taking much more authority upon his shoul­ Executive Branch using Federal moneys. ders and an interpretation totally out in left field. Secondly, We did receive a letter from Secretary Foley indicating that too, is when we talk about special education, again, it is the any delay of these funds could result in severe jeopardy and us Secretary's-as he stated, "Senate Bill 6 has several technical possibly and most probably having to return the money to the problems," and I wish that were true that there were only Federal government if, in fact, we did move money around. several technical problems, but, he said, "I can temporarily There is a window here, Mr. President. It was put there for a make payments to school districts and intermediate units until specific purpose, and that is to make sure that this money is the technical problems are resolved. available for this purpose and only this purpose. "I want to emphasize that any action I take is temporary. Mr. President, there is no one in this Chamber who more We must have a permanent resolution of special education than me would love to give a message to those colleagues of funding by October 15, 1992." ours, and I use that word very loosely, who sit on the other The point is that Senate Bill No. 6, at the present time, with side of this building in the House of Representatives. By their the language that has been amended into it, will take care of leaving, it was absolutely reprehensible to leave so many that problem and we will not have to wait until October 15- things undone. Mr. President, this bill and so many other and I do not know why October 15 was picked as any particu­ things should have been part of the budget process, but, yet, lar date. I think the Secretary should take a closer look at the in an exhibition of what they perceive to be their manhood, interpretation that was there because I have to admit that the they did what they wanted and left. That is reprehensible. House did a terrible job in sending us this issue and really has They have done a great disservice to this Commonwealth, to put us more, in terms of our school districts and special edu­ this Chamber, and to government in general. There is nobody cation, in real jeopardy. who would love to send this bill back to them and force them Thank you, Mr. President. to come in, but, Mr. President, I have said before, I do not Senator FUMO. Mr. President, may we be at ease for one think they have the courage to come back, and I doubt very moment, please? much if I want the fate of so many thousands of children in The PRESIDENT. The Senate will be at ease. Pennsylvania to lie in the hands of the leadership of the (The Senate was at ease.) Democratic Caucus in the House of Representatives, and I Senator FUMO. Mr. President, on the motion, first of all, make that statement with a lot of thought. it is true that there was some confusion in the meeting of the Mr. President, we should revert back. They have called our Committee on Rules and Executive Nominations with regard bluff. Regrettably, the proper thing to do, discretion in this to what was said yesterday in caucus concerning the ESBE case is the better part of valor. We should not be equally as moneys. We have now had that straightened out by a letter immature in trying to express our manhood and womanhood and a subsequent memo from Secretary Carroll indicating back to them by saying, here, we will let the lives of these kids that he can and will make ESBE payments; however, he will be in jeopardy, you come back. 1992 LEGISLATIVE JOURNAL-SENATE 2497

Mr. President, I recognize the frustrations of the Majority Mr. President, I am greatly perplexed about what happened Leader. I share them and probably exceed them because this is yesterday. There were a lot of telephone conversations. The my party in the House that has caused this aggravation, and it administration wanted everybody to remain cool, remain is my party in the executive mansion that has also put a little calm, we have to solve this crisis. And yet, lo and behold, I gasoline on the fire. But all that aside, we have a greater watched the Governor on the evening news start again beating responsibility. I think the media understands who did what. I up the legislature for what clearly is his problem. And, in the would hope that the editorial writers would look past the process, he praises the House of Representatives for doing the headlines of yesterday by saying a budget was passed on time right thing by sending him a stopgap budget. and start to look at what kind of a budget was passed on time Mr. President, if, in fact, the Governor wanted a budget on and that, in fact, it was only a stopgap budget that was passed time, a real budget on time, he would have been more flexible on time and that our Governor, who is usually tough on such in his positions and he certainly would have directed the matters, decided to sign that stopgap budget. Ahd I would House of Representatives to do the responsible thing. Instead, hope that the media writers who are reporting this stuff, what did he do? Late on that night when the mayor of Phila­ except in Pittsburgh, I guess, maybe the TV, would start to delphia called to members of his delegation to express concern take a look at the Governor's message, and I want to make it over this issue that we are debating in Senate Bill No. 6, and clear now what happened. others, lo and behold, the Governor called the mayor. As was When we went into negotiations, the Governor's Office said to me when the mayor was looking for the Governor for clearly told us they were probably $32 million in debt at the two weeks on PICA and could not find him, yet, all of a end of the year. Yet, lo and behold, within the scant space of sudden, he gets a voluntary phone call from the Governor probably six hours, they found a surplus of $9 million. The asking him to stop calling Members because that might Governor said he is signing this budget not by choice but by prevent this budget from passing, which he does not like. necessity. I submit to all of you it was not by necessity, it was Now, I know they say we do a lot of illogical things in Phila­ by a lack of courage and a refusal to negotiate on his part. delphia, but the administration down there has changed, and, Mr. President, yes, we did call the Budget Secretary in on quite frankly, they were perplexed by that logic. the 25th, but who here does not believe that we were not But, despite all that, Mr. President, we are here today not talking to him continuously? And, Mr. President, we were not to beat up on the Governor, not to beat up on the House of one·quarter of a billion dollars in additional spending. That is Representatives, but maybe to swallow a little bit of our own an absolute misstatement, lie, and deception. The Governor pride, and, yes, I will sit back and take crap if I have to take knows that, and if he does not know that, he should bring his crap from those nitwits, but I do think we cannot jeopardize Budget Secretary in on the carpet and ask him why he misled further the future of poor children in our cities and in our him. In fact, Mr. President, on late Friday evening we were counties who need this money for summer employment. I less than $20 million apart and we showed the Budget Office wish I had more cooperation from the administration, I wish I where they could find $27 million. And what happened? had better letters than I have on my desk today. I wish I had House Democrats walked out, refused to deal with the issue, better faxes, but that is not happening with this administra­ and the reason why was because they did not want to deal with tion. So, all I have got to do today is to implore you to look welfare reform for political reasons within their own Caucus. past the inadequacies of the administration and the lack of And I am sick and tired of sitting over here and having our courage of the House Democrats, put aside pride, put aside staffs and our people work just to watch those guys play ego, and do the right thing, revert, recede from our amend­ games over there. ments. We will eat some stuff tonight-! think they call it Mr. President, it is outrageous that the Governor should eating something-well, I am not going to get into that. But, say that he directed Secretary Hershock, and I quote, "to we will do what we have to do, but those kids will not suffer. make one final effort to break the logjam and negotiate a And we will be back here sooner or later and they are going to budget with a sharply reduced spending plan" on Monday, come to the table, and when they come to the table, then it June 29. In fact, Mr. President, what happened at that will be our turn to speak reason and logic to them. But, I meeting, and I am sure the gentleman from Delaware, Senator implore you, do not play with the process any more than it is, Loeper, will bail me out, because we asked the Budget Secre­ because it is not us who are at stake, it is not our futures per tary if anything was embargoed, and what happened with that se, but it is the future of our children, and in the long run, the meeting? The Secretary brought to us a plan to add $56 future of our Commonwealth. million to the budget-add $56 million to the budget-not I implore you to revert, and believe me, there is no one in cut, add. And, yet, he says a sharply reduced spending plan. here who would love more to send a message to Dwight Evans I am sick and tired of what is going on around here. The to come back, but my fear is he is not bright enough to know other sad fact of the matter is that the Governor refused, what to do, and we cannot afford to let that happen to those refused to even be any degree reasonable on the issue of children who are his constituents and our constituents. higher education and State-aided institutions. In fact, we Please, please, please, revert. joked that maybe he lost sleep one night because he might come up to 25 percent funding. 2498 LEGISLATIVE JOURNAL-SENATE JULY 1,

POINT OF ORDER some of the practices he had in not getting numbers to them or Senator WILLIAMS. Mr. President, I am going to yield getting numbers to them, or getting different numbers to because I know the gentleman from Fayette, Senator Lincoln, them, or changing the numbers he had given to them, butit wants to speak, but I rise for a point of order. always seemed to come out that whatever was in the best inter­ I think the rule in this Senate that we do not characterize est of the department is what we ended up with and not what each other should apply to our respect for the other Chamber was in the best interest of the children whom we were trying to because we do represent the whole State, and I do think that educate. remarks which refer to personalities - Mr. Evans, or the body Last year we g9t into a mood in this General Assembly of Democrats as a whole - as nitwits is improper for us to do about doing something about excess costs in special educa­ morally and intellectually, and as people we should respect tion, money that was being spent by the school districts and each other. I would just like to caution the Senator and ask IUs throughout Pennsylvania that was not appropriated, and the Chair to recognize that it would be inappropriate, because that is basically what it came to. Every year they spent more if we do not respect the individual people or the institution of money than what we appropriated, and we either paid that to the other body, then we really reflect no respect for us. And I them or let it accrue over a period of years where it got to be just wanted to say that because it would be contradictory to an awfully large sum of money, somewhere in the neighbor­ our own standards to do that, and I think we ought to caution hood of $150 million last year. him. I was asked by the administration, by Secretary Hershock, The PRESIDENT. The gentleman's point is more than and by the Secretary of Education to take the responsibility well-taken. for bringing forth a new formula, and for a period of about Senator WILLIAMS. Mr. President, I am not trying to seven weeks, from early June until finally we got everything defend anybody, because all of us can be S.O.B.s at different done here in August, I used the integrity that I gained in this times. It is just that this is an institutional thing and I think we building over the past 20 years to convince people that what ought to- we were being given were actual numbers. And in that whole The PRESIDENT. The gentleman's point is well-taken. process, I went tq Members of this Senate and Members of the The Chair finds himself not only agreeing but agreeing House and told them that what I was giving to them were enthusiastically with his point. The rules of decorum in the actual, true figures and they were based on estimates because Senate also apply to our colleagues in the House and to our the department insisted that they could not give us the accu­ colleagues in the executive branch. The Members of the rate figures that we needed until the first reports came in from Senate are hereby reminded that that kind of conduct should the school districts in Pennsylvania, and that would be in prevail. We should be much more careful of the decorum and October. And we went for a 12-month period of time believ­ our aspersions that we cast upon other Members who are in ing the numbers that were given to us by the department, and this great business of politics that we all enjoy so much. last Thursday there was a reconciliation done on the final payment and an awful lot of Members in this General Assem­ And the question recurring, bly found out that the department had played games with us Will the Senate agree to the motion? once again, and my integrity has really been hurt. And we get Senator LINCOLN. Mr. President, I do not believe in the to the point where we have this bill in front of us as a result of 20 years that I have been involved in trying to deal with this that. Because of the confusion, because of the people who are General Assembly, both as a House and a Senate Member, in absolute disbelief of anything coming out of the Depart­ that I have ever had a more difficult time dealing with what ment of Education, there are very few people who have the we have before us as I am having with this issue right now. I confidence to try to deal with that based on their numbers, walked to my office because I have been somewhat emotional but yet we were talking about that as the budget process pro­ about this issue today, and I went to my office thinking that I ceeded. would stay there and I would not even vote, and I thought, Monday night, certain people in the House withheld. their no, I have been here 20 years and I have never. done that yet. I votes on the budget that passed to improve their financial have been wrong a lot of times, but I have been here. position in their IUs in Pennsylvania. They did not do that Then I hear the kind of debate that we have had take place based on any information given to them by the Department of on this issue and it even concerns me a little bit more that Education, because they did not even call the department to other people, evidently, are having a little bit of difficulty tell them what they were doing or to find out from them what dealing with maybe not the issue at hand but the whole issue information was available. They did pass the budget, and sub­ that is taking place within this building this week for the sequent to that, they passed Senate Bill No. 6 with a cock­ budget. And what, unfortunately, is happening is that we are amamie formula in it that says that you will be paid, you, the losing sight of the real problem we have dealing with what we school districts in Pennsylvania, will be paid no less than what have in front of us, and that is we have an education system you received last year for special education purposes, and it which is dependent upon the Department of Education. For a will end on December 31 of 1992. Forty-five percent of what number of years, I have heard my colleagues on the other side you are owed for the coming fiscal year will be paid to you in of the aisle be very critical of the Secretary of Education and three payments of 15 percent each. 1992 LEGISLATIVE JOURNAL-SENATE 2499

When the department sent a v:ery fine gentleman in Terry they been getting the funds to pay those particular individuals Dellmuth to discuss with our Caucus yesterday this situation, for their work for the 1st of June, 3rd of June, lOth of June, they did not say that they were not going to pay ESBE. They 20th of June, whatever? Are they borrowing that money from did not say they were not going to pay special ed. They said another fund, as Senator Bortner was told and as Senator they had no idea what was in the bill, they said they had no Loeper has informed us? I believe, yes. I believe that the issue part in it, and they really did not know how to interpret of not being able to fund these programs is one that has been because there were different interpretations coming from manufactured to put this General Assembly, and particularly within the department. We have, today, a revised version, an the Senate, into the kind of frenzy that we get put into occa­ amended version of Senate Bill No. 6, and I supported that sionally to move in the direction that somebody wants us that amendment in the meeting of the Committee on Rules and they cannot legitimately convince us to do without the panic Executive Nominations. button being pushed. Since that time, I have received a letter from the Governor's I do not know what to tell you. If you listened to the gentle­ Office telling me, with the Governor's signature on it, that man from Philadelphia, Senator Furno, talk and if no one they cannot pay for those job training programs for the youth knew what he said he was going to do, they would be defi­ of Pennsylvania that total about $20 million. I have received nitely, positively sure that he was going to vote not to revert to nothing from the Department of Education to reinforce any the prior printer's number. And then you hear my conversa­ of my concerns about what we are dealing with, and, yet, I tion and my remarks to this General Assembly, or this Senate, come to the floor mainly because I was in my iJffice and I and you would swear that I was going to vote not to revert to heard the gentleman from Philadelphia, Senator Fattah, for the prior printer's number. I have an obligation as a leader in whom I have a great deal of respect and I have absolutely no this Caucus to try to do what is in the best interests of every­ problems with him or I will not have any problems with him body in the Caucus, and you give that up at some point in over the fact that he submits a letter from the Secretary of time, you give up your own interests for the common good, Education and one from the Secretary of Labor and Industry and I probably will end up voting with the gentleman from giving us some cockamamie story about, one, that the Depart­ Philadelphia, Senator Williams, but I am not going to be ment of Education is going to pay special ed irrespective of happy about it. And I can tell you right now that if I were Sec­ whether this bill passes or not; or, if there is authorization in retary Carroll, whenever you hear Senator Furno rant and it, to pay the local intermediate units. rave, you do not worry about him, but I want to tell you I say that that probably epitomizes, to me, the basic something, I will be in this office for the next two years and problem we have with the Department of Education, because five months, and I guarantee you that every time he goes to Secretary Carroll is saying, I really do not care what you do the bathroom he better wash his hands, and I will be there over there, whether you authorize me or not, I am going to watching. I am telling you right now. pay special education with or without a formula, and I am Senator WILLIAMS. Mr. President, now that we have just going to pay them what I want to pay them, and that is enunciated the "clean hands doctrine," bring on Dirty Harry. basically what they did for the past 12 months. Thank you, Mr. President. We also get a letter from Secretary Foley that says we Mr. President, I am a little bit saddened by some of the cannot pay this, but, yet, and I believe that the gentleman remarks of the last couple of speakers, in particular, Senator from York, Senator Bortner, if he chooses to do so, can relate Lincoln. I know he does really feel a sense of being outdone, to you a conversation that we had earlier this afternoon with to say the least. And I share that sense of- an SDA director who said that during the whole budget Senator REIBMAN. Pain. process last year when we did not have a budget until August 5 Senator WILLIAMS. -sense of pain with him. Thank that they drew down on other accounts for these job training you, Senator Reibman. and youth work programs. Now, I do not know why the However, all the other remarks, basically, are passing out Department of Labor and Industry and I do not know why blame, and certainly there is enough to go around. It is almost Secretary Foley would give us that type of information if it is as though we are debating an issue that is a normal, ordinary not accurate, but I question, particularly after listening to the issue here. And I just want to take a minute to say, Mr. Presi­ gentleman from Delaware, Senator Loeper, read from a dent, that what we are talking about today is an issue of fun­ budget that was signed at 11:00 o'clock last night by Governor damental concern throughout the country as reflected by the Casey that very clearly has the funding for this particular productive and unified and bipartisan steps of the United program in it. It is something that, historically, we have had States Congress and our leader, President George Bush, con­ Federal funds moved around all over the place, and I also cerns about the decay in the future of this country and the have a question that I just cannot seem to understand why captivation of our young people by negative and ongoing nobody else wants to ask. We are at July 1. The traditional forces of drugs, crime, and the like. And so, just one small, middle of the summer is July 4. Those programs in all of our significant step to attract that backward. communities, but particularly in our major communities of I call to mind the debates we had a few days ago about all Pittsburgh and Philadelphia, have been operating now, I those people and what we would do about learnfare and the would assume, for 31 days, at least, of summer. Where have like. Well, the national government has said one thing we 2500 LEGISLATIVE JOURNAL-SENATE JULY 1, must do is to reach out a small hand to some of our cities and hiring some 700 deprived kids with summer jobs and they do our hamlets. And that is what we are talking about. We are not have the money to pay them and unless we pass this by not talking about the, I agree, the lack of veracity. Even in reverting from the manner in which it came over from the that meeting of the Committee on Rules and Executive Nomi­ House, then they will not be able to pay them. And they nations I could not get it straight either. That is why I asked cannot afford to rely on the speculation of the gentleman my good friend, Senator Furno, to explain it to me, which he from Philadelphia, Senator Furno, or the speculation of the had some difficulty doing, and now I know why he had diffi­ gentleman from Delaware, Senator Loeper, or the Secretary's culty. speculation, or anybody else's speculation as to what is true But that, Mr. President, the educational things that are and what is not. There is only one thing that is true: if we pass going on, is not the issue. Sure, we can take and make the Senate Bill No. 6, the money will be there and the program issue that we are really dealing with hostage to our personal can be implemented. and private concerns about whether the Governor or Mr. Thank you, Mr. President. Evans or the Democrats in the House-certainly not the Senator RHOADES. Mr. President, I want to review these Republicans-but, that is .not the issue. When all of America special education funding comparisons-and this is the Gov­ was paying attention to some of the things we need to do, they ernor's proposal-from 1991-92 to 1992-93. Out of the 501 did not say except Pennsylvania; they did not say myopically school districts, there are only 12 that will receive less. There except Senator Loeper and Dwight Evans and all those very were 489 that will receive more. Pittsburgh will get $4.4 sophisticated people who negotiate budgets a lot more than million. 1 am just going to pull some of them out of here. we do. Poor little us. We know you have problems and we Reading, $1.4 million more; Central Bucks, $1.2 million; know you do a lot of sweat, but that concern did not say Downingtown, $1 million. Here is East Pennsboro, $1.4 except those things. It did not say except how sophisticated million. As I go through this, I see there are some people individual legislators or party caucuses must be. It did not say getting money here. Philadelphia will pick up approximately that. It did not say we ha!=l a right at this time. The city was $19.6 million. burning and we said, well, how dare that happen? We do not Now, the thing is, if we do not fund special ed properly, want it to happen, for whatever reason. then we are going to have to go out and borrow the money or And, so, we are not entitled to do our normal politics, and take it from the school districts. We will have to pay interest I, therefore, am sitting down and saying, whatever we do, let on it and, as I say, the school districts will pay and we will us recognize we are not talking about some private ire, we are reimburse them. Money that we should be putting into an not talking about someone lying or not lying, we are talking educational program is going to be wasted because the House about whether or not Pennsylvania is going to be smart committed the great crime, that what we are doing is ending enough to take advantage of moneys that the national govern­ up wasting money. That is why I think it is necessary to move ment says we must have as a simple, small step. That is all. this in the right direction. We have flat-funded ESBE and we And I would hope as we vote, Mr. President, on the motion to know the school districts are crying for more, so we are going revert, that we try to keep that in mind, that it is not a Demo­ to prevent them then from receiving the special education crat or Republican issue, because the leadership of the funding, forcing them to borrow or take more from the local country, which is Republican, it is their bill. And I would just school districts. hope that we can keep that in mind as we vote, I hope, to The other thing, I guess, that has me confused is, and this is support the motion to revert to the prior printer's number. the second part of it, the Secretary of Education, in his letter Senator SCANLON. Mr. President, as we analyze all of the to the gentleman from Philadelphia, Senator Fattah, said that rhetoric - both the hot and the cool and the wise - that we have under special education he can " ... make payments to school heard on this subject, there is only one thing that is districts and intermediate units .... " Where does he get the unmistakably true: that if we pass Senate Bill No. 6 in the authority to do that? And wherever he does, can he take that manner in which it came from the House, by reverting, the same authority and use it for our summer employment money will be made available for the summer youth employ­ program? Because if he has it in one case, I am most certain ment program. That is the only thing that is true. Everything he must have it in another case. else is speculation, depending on one or another's point of I think the thing that is killing us is between the Labor view. Some people say the special education problem can be people, between the Secretary and between the Governor, worked out later. If that is true, all right. If it is not, that is all they can accomplish this if they want to, and we can move on right. Some people say that the money that is currently in the with the right kind of special education funding that is going Department of Labor and Industry can be used for this to help all of our kids. program. If that is true, that is fine. If it is not true, it hurts Thank you. thousands of kids. And the question recurring, But the one thing that is true, and I received a call from the Will the Senate agree to the motion? mayor of Pittsburgh a couple of hours ago pleading that we pass Senate Bill No.6 in the manner in which it came from the The yeas and nays were required by Senator WILLIAMS House. The city of Pittsburgh is already in the process of and were as follows, viz: 1992 LEGISLATIVE JOURNAL-SENATE 2501

YEAS-24 or Federal account. Without appropriating authority from the General Assembly the additional $20.5 million in emergency sup­ Afflerbach Furno Mellow Schwartz plemental summer youth funds cannot be provided for allocation Andrezeski Jones Musto Stapleton through the Service Delivery Areas. Bel an LaValle O'Pake Stewart Bodack Lewis Pecora Stout Sincerely, Bortner Lincoln Reibman Williams Thomas P. Foley Dawida Lynch Scanlon Fattah Secretary NAYS-24 Mr. President, I would urge an affirmative vote so that we can get on with this. Armstrong Greenleaf Jubelirer Rhoades Baker Greenwood Lemmond Robbins Thank you. Bell Hart Loeper Shaffer Senator LOEPER. Mr. President, I think that during the Brightbill Helfrick Madigan Shumaker debate on the reversion motion it was well-pointed-out what Corman Holl Peterson Tilghman Fisher Hopper Punt Wenger our concerns were as far as this issue, and as someone just suggested to me, it almost seems this week like we are dealing The PRESIDENT. The Chair would exercise its constitu­ with a unicameral legislature rather than a bicameral legisla­ tional prerogative to vote in the affirmative. Therefore, the ture. I think that in the spirit of cooperation we certainly official vote is as follows: intend to pursue to correct the special education formula, to YEAS-25 correct some of the language dealing with our community Afflerbach Furno Mellow Schwartz colleges that are hurt in this bill, to also address some of the Andrezeski Jones Musto Stapleton problems with our local school districts and their funding, but Bel an LaValle O'Pake Stewart it would be my intent, Mr. President, that I think that I would Bodack Lewis Pecora Stout Bortner Lincoln Reibman Williams ask for an affirmative vote on Senate Bill No.6. Dawida Lynch Scanlon The President I also believe, Mr. President, it should be made part of the Fattah record that it is my strong view that the Secretary of Labor is NAYS-24 in error in his assumption that he does not have the authority, Armstrong Greenleaf Jubelirer Rhoades nor does this administration. It has been done before and it is Baker Greenwood Lemmond Robbins our view, Mr. President, that that authority is there, and I Bell Hart Loeper Shaffer think once again it just continually undermines the confidence Brightbill Helfrick Madigan Shumaker Corman Holl Peterson Tilghman that anyone has in the leadership of many of the departments Fisher Hopper Punt Wenger of this administration with the information that we are getting A majority of the Senators having voted "aye," the ques­ from them. tion was determined in the affirmative. But in that spirit of cooperation here in the Senate today to try to move this process forward, with an understanding that The PRESIDENT. Before us is Senate Bill No.6, Printer's there is a commitment from us to try to correct the issues No. 2440. dealing with education, I would ask for an affirmative vote. Senator MELLOW. Mr. President, I move that the Senate Senator BELL. Mr. President, on the floor today and also do concur in House amendments to Senate Bill No. 6. in the meeting of the Committee on Rules and Executive The PRESIDENT. Senator Mellow moves that the Senate Nominations there were some comments made about the do concur in House amendments to Senate Bill No.6. House of Representatives. I would like the press to note that if the action taken was taken on behalf of the House of Repre­ On the question, sentatives, and I am now speaking as a former Member of the Will the Senate agree to the motion? House of Representatives, do not blame everybody in the Senator FUMO. Mr. President, it took a little time in House of Representatives, because today I saw in this building getting here, but I would like to read a letter to the Senate some Democrat House Members, and I know there will be from the Secretary of Labor and Industry. some Republican House Members with me here on Monday. (Reading:) So, please, members of the press, find out who the culprits are COMMONWEALTH OF PENNSYLVANIA and blame them and not the entire body. DEPARTMENT OF LABOR AND INDUSTRY Senator FUMO. Mr. President, in answer to the gentleman Harrisburg, Pennsylvania 17120 from Delaware, Senator Bell, I thought I was kind of specific July 1, 1992 about that, and I did not want to and never would it be my Honorable Vincent J. Furno intent to paint the entire House of Representatives, Democrat Senate Minority Appropriations Committee and Republican, with the same brush. I thought I was pretty 545 Main Capitol specific in my remarks, and I think the press fully understands Harrisburg, Pennsylvania 17120 to whom I was referring. Dear Senator Furno, The PRESIDENT. From the objectivity of the Chair, the There is no state authority to advance any money for the Emer­ gentleman can be assured that he was unnervingly specific. gency Summer Youth program from any other Commonwealth 2502 LEGISLATIVE JOURNAL-SENATE JULY 1,

Senator FATTAH. Mr. President, I would just like to, in Seth, who next year will be a seventh grade student at Hannah expectation of a favorable vote, thank my colleagues in the Penn Middle School. Also with him is Colby Mullins, who Senate on both sides of the aisle. I think it would have been an also will be a seventh grade student at Hannah Penn next uneasy summer for us all if we had left here and not provided year. these work opportunities and work experience opportunities I would ask that the Senate give them its usual warm for these young people, and I am committed to the gentleman welcome. Thank you. from Fayette, Senator Lincoln, and others to try to work The PRESIDENT. Would the guests of Senator Bortner through these special ed funding issues, and I would hope that please rise so that we could welcome you and thank you for we would have a unanimous vote of approval on Senate Bill your valuable service as Pages. No.6. (Applause.) Senator JONES. Mr. President, I, too, would like to stand here and say thank you, expecting a favorable vote. I would DISCHARGE PETITIONS like to say thanks on behalf of the many, many young people across Pennsylvania who will benefit from this $20 million The PRESIDENT laid before the Senate the following com­ who are not old enough to vote. But, however, I can see their munication, which was read by the Clerk as follows: faces when they go on those jobs and they are hired and they In the Senate, July 1, 1992. have their own money to save towards going back to school next year. A PETITION I just would like to thank everybody on both sides of the To place before the Senate the nomination of Andrew B. Cantor as Judge of the Court aisle for leaving politics behind and voting from your hearts, of Common Pleas of Montgomery County. because I know from my colleague, Senator Furno, and TO: The Presiding Officer of the Senate several others in here, that it had to be from their hearts, as mean as they were in the beginning. But I do thank God for WE, The undersigned members of the Senate, pursuant to section 8 (b) of Article IV of the Constitution of Pennsylvania, do them on behalf of all the young people 'In Philadelphia, hereby request that you place the nomination of Andrew B. Pittsburgh, and wherever else they will benefit. Cantor, Elkins Park, Pennsylvania, as Judge of the Court of Thank you. Common Pleas of Montgomery County, before the entire Senate body for a vote, the nomination not having been voted upon And the question recurring, within 15 legislative days: Will the Senate agree to the motion? Frank A. Salvatore The yeas and nays were taken agreeably to the provisions of F. Joseph Loeper the Constitution and were as follows, viz: Robert C. Jubelirer D. Michael Fisher YEAS-49 Noah W. Wenger Afflerbach Fumo Lincoln Rhoades The PRESIDENT laid before the Senate the following com­ Andrezeski Greenleaf Loeper Robbins munication, which was read by the Clerk as follows: Armstrong Greenwood Lynch Scanlon Baker Hart Madigan Schwartz In the Senate, July 1, 1992. Bel an Helfrick Mellow Shaffer Bell Holl Musto Shumaker A PETITION Bodack Hopper O'Pake Stapleton To place before the Senate the nomination of Rayford A. Means Bortner Jones Pecora Stewart as Judge of the Philadelphia Municipal Court. Brightbill Jubelirer Peterson Stout Corman LaValle Porterfield Tilghman TO: The Presiding Officer of the Senate Dawida Lemmond Punt Wenger WE, The undersigned members of the Senate, pursuant to Fattah Lewis Reibman Williams Fisher section 8 (b) of Article IV of the Constitution of Pennsylvania, do hereby request that you place the nomination of Rayford A. NAYS-0 Means, Philadelphia, Pennsylvania, as Judge of the Philadelphia Municipal Court, before the entire Senate body for a vote, the A constitutional majority of all the Senators having voted nomination not having been voted upon within 15 legislative "aye," the question was determined in the affirmative. days: Ordered, That the Secretary of the Senate inform the House Frank A. Salvatore of Representatives accordingly. F. Joseph Loeper Robert C. Jubelirer D. Michael Fisher SPECIAL ORDER OF BUSINESS Noah W. Wenger GUESTS OF SENATOR MICHAEL E. BORTNER The PRESIDENT. The communications will be laid on the PRESENTED TO THE SENATE table. Senator BORTNER. Mr. President, I have had two Pages with me and serving on the floor of the Senate today. I would liketo introduce them very quickly, if I could. One is my son 1992 LEGISLATIVE JOURNAL-SENATE 2503

COMMUNICATIONS FROM THE GOVERNOR COMMUNICATIONS FROM THE GOVERNOR TAKEN FROM THE TABLE RECALL COMMUNICATIONS LAID ON THE TABLE Senator FISHER, by unanimous consent, called from the table communications from His Excellency, the Governor of The PRESIDENT laid before the Senate the following com­ the Commonwealth, recalling the following nominations, munications in writing from His Excellency, the Governor of which were read by the Clerk as follows: the Commonwealth, which were read as follows, and laid on the table: JUDGE, COURT OF COMMON PLEAS, MONTGOMERY COUNTY JUDGE, COURT OF COMMON PLEAS, MONTGOMERY COUNTY July I, 1992. July 1, 1992. To the Honorable, the Senate of the Commonwealth of Pennsylvania: To the Honorable, the Senate of the Commonwealth of Pennsylvania: In accordance with the power and authority vested in me as Governor of the Commonwealth, I do hereby recall my nomina­ In accordance with the power and authority vested in me as tion dated April 3, 1992 for the appointment of Andrew B. Governor of the Commonwealth, I do hereby recall my nomina­ Cantor, Esquire, 224 Waring Road, Elkins Park 19117, tion dated April 3, 1992 for the appointment of Andrew B. Montgomery County, Twelfth Senatorial District, as Judge of the Cantor, Esquire, 224 Waring Road, Elkins Park 19117, Court of Common Pleas of Montgomery County, to serve until Montgomery County, Twelfth Senatorial District, as Judge of the the first Monday of January, 1994, vice The Honorable William Court of Common Pleas of Montgomery County, to serve until H. Yohn, Jr., resigned. the first Monday of January, 1994, vice The Honorable William I respectfully request the return to me of the official message of H. Yohn, Jr., resigned. nomination on the premises. I respectfully request the return to me of the official message of nomination on the premises. ROBERT P. CASEY. ROBERT P. CASEY. JUDGE, MUNICIPAL COURT OF PHILADELPHIA JUDGE, MUNICIPAL COURT OF PHILADELPHIA July I, 1992. July I, 1992. To the Honorable, the Senate of the Commonwealth of Pennsylvania: To the Honorable, the Senate of the Commonwealth of Pennsylvania: In accordance with the power and authority vested in me as Governor of the Commonwealth, I do hereby recall my nomina­ In accordance with the power and authority vested in me as tion dated April 3, 1992 for the appointment of Rayford Allen Governor of the Commonwealth, I do hereby recall my nomina­ Means, Esquire, 5760 Nassau Road, Philadelphia 19131, Phila­ tion dated April 3, 1992 for the appointment of Rayford Allen delphia County, Seventh Senatorial District, as Judge of the Means, Esquire, 5760 Nassau Road, Philadelphia 19131, Phila­ Municipal Court of Philadelphia, to serve until the first Monday delphia County, Seventh Senatorial District, as Judge of the of January, 1994, vice The Honorable Arthur Kafrissen, Municipal Court of Philadelphia, to serve until the first Monday resigned. of January, 1994, vice The Honorable Arthur Kafrissen, I respectfully request the return to me of the official message of resigned. nomination on the premises. I respectfully request the return to me of the official message of nomination on the premises. ROBERT P. CASEY. ROBERT P. CASEY. DISTRICT JUSTICE DISTRICT JUSTICE July 1, 1992. July 1, 1992. To the Honorable, the Senate of the Commonwealth of Pennsylvania: To the Honorable, the Senate of the Commonwealth of Pennsylvania: In accordance with the power and authority vested in me as Governor of the Commonwealth, I do hereby recall my nomina­ In accordance with the power and authority vested in me as tion dated April29, 1993 for the appointment of Linda I. Zucco, Governor of the Commonwealth, I do hereby recall my nomina­ 1487 Renton Road, Pittsburgh 15239, Allegheny County, Forty­ tion dated April29, 1993 for the appointment of Linda I. Zucco, fourth Senatorial District, as District Justice in and for the 1487 Renton Road, Pittsburgh 15239, Allegheny County, Forty­ County of Allegheny, Magisterial District 5-2-32, to serve until fourth Senatorial District, as District Justice in and for the the first Monday of January, 1994, vice Paul Zavarella, resigned. County of Allegheny, Magisterial District 5-2-32, to serve until I respectfully request the return to me of the official message of the first Monday of January, 1994, vice Paul Zavarella, resigned. nomination on the premises. I respectfully request the return to me of the official message of nomination on the premises. ROBERT P. CASEY. ROBERT P. CASEY. NOMINATIONS RETURNED TO THE GOVERNOR Senator FISHER. Mr. President, I move the nominations just read by the Clerk be returned to His Excellency, the Gov­ ernor. 2504 LEGISLATIVE JOURNAL-SENATE JULY 1,

The motion was agreed to. In conformity with Jaw, I have the honor hereby to nominate The PRESIDENT. The nominations will be returned to the for the advice and consent of the Senate, Timothy P. Creany, Esquire, 301 West Highland Avenue, Ebensburg 15931, Cambria Governor. County, Thirty-fifth Senatorial District, for appointment as Judge of the Court of Common Pleas of Cambria County, to EXECUTIVE NOMINATIONS serve until the first Monday of January, 1994, vice The Honor­ able Joseph F. O'Kicki, lost retention election. EXECUTIVE SESSION ROBERT P. CASEY. Motion was made by Senator FISHER, JUDGE; COURT OF COMMON PLEAS, That the Senate do now resolve itself into Executive Session HUNTINGDON COUNTY by for the purpose of considering certain nominations made April 3, 1992. the Governor. Which was agreed to. To the Honorable, the Senate of the Commonwealth of Pennsylvania: NOMINATIONS TAKEN FROM THE TABLE In conformity with Jaw, I have the honor hereby to nominate Senator FISHER. Mr. President, I call from the table for the advice. and consent of the Senate, Stewart L. Kurtz, 327 Mifflin Street, Huntingdon 16652, Huntingdon certain nominations and ask for their consideration. Esquire, County, Thirtieth Senatorial District, for appointment as Judge The Clerk read the nominations as follows: of the Court of Common Pleas of Huntingdon County, to serve REGISTER OF WILLS, CLERK OF THE until the first Monday of January, 1994, vice The Honorable Newton Taylor, lost retention election. ORPHANS' COURT AND RECORDER OF DEEDS, INDIANA COUNTY ROBERT P. CASEY. JUDGE, COURT OF COMMON PLEAS, April 1, 1992. MERCER COUNTY To the Honorable, the Senate of the Commonwealth of Pennsylvania: April 3, 1992. In conformity with law, I have the honor hereby to nominate To the Honorable, the Senate of the Commonwealth of for the advice and consent of the Senate, Blair E. Swistock, 251 Pennsylvania: Charles Street, Indiana 15701, Indiana County, Forty-first Sena­ In conformity with law, I have the honor hereby to nominate torial District, for appointment as Register of Wills, Clerk of the for the advice and consent of the Senate, Michael J. Wherry, Orphans' Court and Recorder of Deeds, in and for the County of Esquire, 7 Chambers Avenue, Greenville 16125, Mercer County, Indiana, to serve until the first Monday of January 1994, vice Fiftieth Senatorial District, for appointment as Judge of the George Thompson, deceased. Court of Common Pleas of Mercer County, to serve until the first ROBERT P. CASEY. Monday of January, 1994, vice The Honorable Albert E. Acker, resigned. JUDGE, COURT OF COMMON PLEAS, BUCKS COUNTY ROBERT P. CASEY. JUDGE, COURT OF COMMON PLEAS, April 3, 1992. MIFFLIN COUNTY To the Honorable, the Senate of the Commonwealth of 4, 1992. Pennsylvania: June In conformity with law, I have the honor hereby to nominate To the Honorable, the Senate of the Commonwealth of for the advice and consent of the Senate, Robert J. Mellon, Pennsylvania: Esquire, 73 West Windrose Drive, Richboro 18954, Bucks In conformity with Jaw, I have the honor hereby to nominate County, Tenth Senatorial District, for appointment as Judge of for the advice and consent of the Senate, Helen A. White, the Court of Common Pleas of Bucks County, to serve until the Esquire, 53 Woodland Circle, Reedsville 17084, Mifflin County, first Monday of January, 1994, vice The Honorable George Thirty-fourth Senatorial District, for appointment as Judge of Kelton, mandatory retirement. the Court of Common Pleas of Mifflin County, to serve until the ROBERT P. CASEY. first Monday of January, 1994, vice The Honorable Francis A. Searer, lost retention election. JUDGE, COURT OF COMMON PLEAS, CAMBRIA COUNTY ROBERT P. CASEY. On the question, April 3, 1992. Will the Senate advise and consent to the nominations? To the Honorable, the Senate of the Commonwealth of Senator FISHER and Pennsylvania: The yeas and nays were required by were as follows, viz: YEAS-49

Afflerbach Furno Lincoln Rhoades Andrezeski Greenleaf Loeper Robbins Armstrong Greenwood Lynch Scanlon Baker Hart Madigan Schwartz Belan Helfrick Mellow Shaffer Bell Hall Musto Shumaker 1992 LEGISLATIVE JOURNAL-SENATE 2505

Bodack Hopper O'Pake Stapleton On the question, Bortner Jones Pecora Stewart Will the Senate advise and consent to the nominations? Brightbill Jubelirer Peterson Stout Corman LaValle Porterfield Tilghman QUESTION DIVIDED Dawida Lemmond Punt Wenger Fattah Lewis Reibman Williams Senator O'PAKE. Mr. President, I rise to request a sepa­ Fisher rate roll-call vote on district justice nominee Susanne NAYS-0 Kimberland.

A constitutional two-thirds majority of all the Senators On the question, having voted "aye," the question was determined in the affir­ Will the Senate advise and consent to the nomination of mative. Susanne Kimberland as District Justice of Allegheny County? Ordered, That the Governor be informed accordingly. Senator FISHER. Mr. President, on that nomination, I NOMINATIONS TAKEN FROM THE TABLE would request an affirmative vote on the nomination of Susanne Kimberland as district justice in Allegheny County, Mr. President, I call from the table Senator FISHER. who is from Bethel Park, which is located in my Senatorial for their consideration. certain nominations and ask district. the nominations as follows: The Clerk read Mr. President, in doing so, I want to thank both the col­ MEMBER OF THE BOARD OF TRUSTEES leagues on my side of the aisle and the colleagues on the other OF CLARKS SUMMIT STATE HOSPITAL side of the aisle for realizing in the previous vote that we April 28, 1992. could, in a bipartisan fashion, work to put together the neces­ sary votes to confirm five judges and a register of wills, all of To the Honorable, the Senate of the Commonwealth of whom needed a two-thirds vote for confirmation. Prior to this Pennsylvania: we have had, obviously, great difficulty in getting to this In conformity with law, I have the honor hereby to nominate point, and I was pleased to be able to work with my Caucus for the advice and consent of the Senate, Charles M. LeStrange, to realize that there are problems in 1112 Columbia Street, Scranton 18509, Lackawanna County, and with the other Caucus Twenty-second Senatorial District, for appointment as a member this Chamber as far as trying to get nominations approved of the Board of Trustees of Clarks Summit State Hospital, to and trying to put together an appropriate package to get those serve until the third Tuesday of January, 1995, and until his suc­ nominees who need the two-thirds vote approved, and I do cessor is appointed and qualified, vice Arthur W. Brown, believe that that is a step forward. Scranton, deceased. I have tried my best to bring these nominations before the ROBERT P. CASEY. Senate, acting really in this role as a pinch hitter for the gen­ MEMBER OF THE BOARD OF TRUSTEES tleman from Philadelphia, Senator Salvatore. He has been on OF TORRANCE STATE HOSPITAL legislative leave and this week on personal leave, as he is in May 5, 1992. Philadelphia with some temporary illness, but I hope that we do not regress at this time to go back. I believe we need to take To the Honorable, the Senate of the Commonwealth of these nominations one step at a time. Pennsylvania: The nominee who is presently before us is a nominee who is In conformity with law, I have the honor hereby to nominate by the Governor and whose name for the advice and consent of the Senate, Marc Alan Fry, 211 obviously recommended South Third Street, Youngwood 15697, Westmoreland County, was sent to the Senate by the Governor and is being named to Thirty-ninth Senatorial District, for appointment as a member of replace her father, who died in the month of April. The the Board of Trustees of Torrance State Hospital, to serve until nomin~e is a young attorney. She is well-educated. She is the third Tuesday of January, 1995, and until his successor is someone who has support from both political parties in the appointed and qualified, vice Harry Davis, Greensburg, whose and I would hope sincerely that term expired. community that I represent, we would deal with this issue as we have dealt with the other ROBERT P. CASEY. nominees who have come before the Senate. DISTRICT JUSTICE Unfortunately, as the Members on the other side of the aisle June 17, 1992. know, I cannot this week, because of Senator Salvatore's per­ sonal leave, pass this nomination without some bipartisan To the Honorable, the Senate of the Commonwealth of Pennsylvania: support, but I would hope as we have broken one logjam that has been before us that we could count on some bipartisan In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Susanne Kimberland, support for this nominee and confirm her to this position and Esquire, 4940 Brightwood Road, Apartment A-210, Bethel Park hope that perhaps some of the other problems could be 15102, Allegheny County, Thirty-seventh Senatorial District, for resolved in future days or in future months. appointment as District Justice in and for the County of Alle­ Thank you, Mr. President. gheny, Magisterial District 5-2-20, to serve until the first Monday Senator O'P AKE. Mr. President, I would agree with the of January, 1994, vice Russell Kimberland, II, deceased. gentleman that the resolution of the problem of the judgeship ROBERT P. CASEY. and the recorder of deeds in Indiana County has been a long 2506 LEGISLATIVE JOURNAL-SENATE JULY 1,

and painful process. The votes will be there for the nomina­ undue pressure on people who are serving in that office and tion of Susanne Kimberland only when we resolve the other have to cover other districts. It is really ironic that we say we district justice nominees who have been pending in the Senate are doing the responsible thing by walking away and leaving for a far longer period of time than the nomination of these 12 other magisterial districts unfilled. Susanne Kimberland. She is now on her fifth day. There are Thank you, Mr. President. about 12 other district justice nominees who are on this Calen­ Senator BORTNER. Mr. President, I, likewise, would join dar- one on the 22nd day, another in Westmoreland, 22nd my colleagues. I have a district justice on this list as well. day; York County, 16th day; 2 from Washington County, 2 Again, someone who is highly qualified, enjoys bipartisan from Fayette, 1 from Somerset, 1 from Lehigh, 1 from Bucks, support. A Republican House Member, I believe, has written and soon. on his behalf. We cannot resolve this in a piecemeal way, we have to see There is a process here, and the process is that when there where the votes are on the other side for all the district justice are vacancies, the Governor makes appointments, and we are nominees because it is our hope and was our intent and wish to vote on them. I would feel better if we were even bringing that we would solve not only the judgeship problem but the up this name and voting it down. At least we will have done district justice problems, and we do not understand the our job. I think the gentleman from Washington, Senator problem on the other side. Stout, is correct. We cannot stand here and point a finger Senator LINCOLN. Mr. President, I almost jumped up out across the hallway at the House, who we believe was irrespon­ of my seat when I heard the gentleman from Allegheny, sible by leaving town with unfinished business. We are leaving Senator Fisher, talking about the nominee. I thought he was town with unfinished business as well, and I would hope that talking about Brenda Cavalcante, who has been on the Calen­ my colleagues on the other side would reconsider their inten­ dar since January, who happened to be replacing her father tions, as the body here that controls the Calendar, to not who died an untimely death back in December of last year, bring up these nominations for a vote. At least give us an and I just wonder, since those circumstances are so similar, opportunity to vote on them, to speak on their behalf, so that why Ms. Cavalcante's name is not before us for confirmation, we can show them that we have done something as far as our because I am certain if that vote were one that could be posi­ responsibilities here as Senators. tive, it would probably reflect our vote on everybody whom LEGISLATIVE LEAVES we are going to have before us. But until such time when we quit placating Senator Pecora, the person whom we can aim Senator O'PAKE. Mr. President, this is to request a tempo­ this whole mess at from here on out for sure, a candidate for rary Capitol leave for Senator Scanlon, who has been called to Congress in Allegheny County whom I really hope that the his office. people of that county take a good, hard look at, because The PRESIDENT. Senator O'Pake requests a temporary anybody who puts their own personal ego and pride to the Capitol leave for Senator Scanlon. The Chair hears no objec­ point where they disrupt 12, 13, 14 districts where there are tion. The leave will be granted. magistrates not sitting, then I believe it is time that we take a Senator O'PAKE. Mr. President, I also request temporary look at the whole process and maybe we are not worthy as a Capitol leaves for Senator Reibman and Senator Jones. body to even have the opportunity to confirm. The problem is The PRESIDENT. Senator O'Pake requests temporary not Kimberly whatever her name is, the problem is not Brenda Capitol leaves for Senator Jones and Senator Reibman as Cavalcante, the problem is Frank Pecora and Frank Pecora welL The Chair hears no objection. The leaves will be alone. granted. Senator STOUT. Mr. President, I rise in a very frustrating And the question recurring, moment in this Chamber because I have had numerous con­ Will the Senate advise and consent to the nomination? versations with my friend and colleague, Senator Fisher, who The yeas and nays were required by Senator FISHER and also represents a portion of Washington County, and we have Senator O'PAKE and were as follows, viz: two magisterial vacancies in Washington County. We have several other magistrates off due to illness. The whole system YEAS-25 is breaking down, and this body is going to adjourn, go away, Armstrong Greenwood Lemmond Rhoades and leave these other magistrate positions not being filled. Baker Hart Loeper Robbins Last week, on a party-line vote, we allowed Senator Baker Bell Helfrick Madigan Shaffer Brightbill Holl Pecora Shumaker to fill a district justice vacancy in Chester County. It seems Corman Hopper Peterson Tilghman totally unfair that these 12 or 13 other magisterial districts go Fisher Jubelirer Punt Wenger unfilled while we work in a joint effort to get the judicial Greenleaf vacancies in key counties filled. It seems totally inappropriate NAYS-24 that this body might go away-we have been very critical all Afflerbach Fattah Lynch Scanlon afternoon of actions taken by the House-who is likewise Andrezeski Furno Mellow Schwartz subject to the same type of criticism, and not appoint and fill Bel an Jones Musto Stapleton Bodack LaValle O'Pake Stewart district justices, the first step in our judicial system, and put Bortner Lewis Porterfield Stout Dawida Lincoln Reibrnan Williams 1992 LEGISLATIVE JOURNAL-SENATE 2507

Less than a majority of all the Senators having voted NOMINATION TAKEN FROM THE TABLE "aye," the question was determined in the negative. Senator FISHER. Mr. President, I call from the table a Ordered, That the Governor be informed accordingly. certain nomination and ask for its consideration. RECONSIDERATION OF The Clerk read the nomination as follows: EXECUTIVE NOMINATION MEMBER OF THE DELAWARE VALLEY NOMINATION LAID ON THE TABLE REGIONAL PLANNING COMMISSION Senator FISHER. Mr. President, I move that the Senate April 21, 1992. reconsider the vote by which Susanne Kimberland, Esquire, To the Honorable, the Senate of the Commonwealth of was defeated, and I ask that that nomination be laid upon the Pennsylvania: table. In conformity with law, I have the honor hereby to nominate The PRESIDENT. Senator Fisher moves that the vote by for the advice and consent of the Senate, Louis J. Gambaccini, which Susanne Kimberland failed confirmation be reconsid­ 604 Washington Square South, Philadelphia 19106, Philadelphia ered and that the nomination be laid upon the table. County, First Senatorial District, for appointment as a member All those in favor of the motion signify by saying, "aye"; of the Delaware Valley Regional Planning Commission, to serve until terminated, vice Thomas G. McCloskey, Esquire, Philadel­ all those opposed, "no." The "ayes" have it, and the nomi­ phia, resigned. nation will be reconsidered and laid upon the table. ROBERT P. CASEY. On the question, On the question, Will the Senate advise and consent to the remainder of the Will the Senate advise and consent to the nomination? nominations? Senator FISHER. Mr. President, I would ask for a negative Senator FISHER. Mr. President, these nominees are, I vote. believe, on the 25th day and there are discharge petitions Senator STEWART. Mr. President, I would, very simply, filed. They are nominees who one comes from the district of ask the Members of my Caucus for a "no" vote on this nomi­ the gentleman from Lackawanna, Senator Mellow, and one nation. from the district of the gentleman from Westmoreland, Senator LOEPER. Mr. President, very quickly, as the Senator Porterfield, but I am choosing not to ask my col­ Members may recall, last year at this time we put forth a dedi­ leagues on this side of the aisle to play the politics that have cated funding source for mass transportation. As part of the been exhibited in the past here on these nominations, and I bill to implement that, there was legislative representation would ask that we cast an affirmative vote on these two nomi­ included from each one of the four Caucuses as members of nations. the SEPTA board. This Caucus had appointed the gentleman Senator O'PAKE. Mr. President, we, likewise, ask for an from Centre, Senator Corman, our Chairman of the Commit­ affirmative vote and ask for a fast roll call. tee on Transportation, to serve as our representative. And the question recurring, However, Senator Corman was not seated on that board Will the Senate advise and consent to the remainder of the because of an area residency requirement within the five­ nominations? county area. At that time I had solicited SEPTA and SEPTA's board and Mr. Gambaccini to try to endorse a The yeas and nays were required by Senator FISHER and change in legislation in order that any appointment from any were as follows, viz: of the Caucuses, regardless of what region they resided in, YEAS-49 would be able to sit on that board. Afflerbach Furno Lincoln Rhoades Unfortunately, we never got an expression of support from Andrezeski Greenleaf Loeper Robbins the board nor Mr. Gambaccini, and in particular light of that, Armstrong Greenwood Lynch Scanlon I am going to have to ask for a negative vote. Baker Hart Madigan Schwartz Bel an Helfrick Mellow Shaffer And the question recurring, Bell Holl Musto Shumaker Bodack Hopper O'Pake Stapleton Will the Senate advise and consent to the nomination? Bortner Jones Pecora Stewart The yeas and nays were required by Senator FISHER and Brightbill Jubelirer Peterson Stout Corman LaValle Porterfield Tilghman were as follows, viz: Dawida Lemmond Punt Wenger Fattah Lewis Reibman Williams YEAS-3 Fisher Greenleaf Holl Tilghman NAYS-0 NAYS-46 A constitutional majority of all the Senators having voted Afflerbach Fisher Loeper Rhoades "aye," the question was determined in the affirmative. Andrezeski Furno Lynch Robbins Armstrong Greenwood Madigan Scanlon Ordered, That the Governor be informed accordingly. Baker Hart Mellow Schwartz Belan Helfrick Musto Shaffer Bell Hopper O'Pake Shumaker Bodack Jones Pecora Stapleton 2508 LEGISLATIVE JOURNAL-SENATE JULY 1,

Bortner Jubelirer Peterson Stewart EXECUTIVE SESSION RISES Brightbill LaValle Porterfield Stout Corman Lemmond Punt Wenger Senator FISHER. Mr. President, I move that the Executive Dawida Lewis Reibman Williams Session do now rise. Fattah Lincoln The motion was agreed to. Less than a majority of all the Senators having voted "aye," the question was determined in the negative. CONSIDERATION OF CALENDAR RESUMED Ordered, That the Governor be informed accordingly. Senator PECORA. Mr. President, there were many com­ CONSIDERATION OF REMAINING BILLS ments made about me personally on this Senate floor, and Senator MELLOW. Mr. President, I move that the vote by there were many comments made that were untrue on this which Senate Bill No. 823 on page 5 went over in its order be Senate floor. reconsidered. PARLIAMENTARY INQUIRY The PRESIDENT. Senator Mellow moves that the decision by which Senate Bill No. 823 went over in its order be recon­ Senator MELLOW. Mr. President, parliamentary inquiry. sidered. The PRESIDENT. The gentleman from Lackawanna, Senator Mellow, will state it. MOTION TO REREFER Senator MELLOW. Mr. President, are the gentleman's Senator LOEPER. Mr. President, there has been no action remarks in order during Executive Nominations? taken on that bill yet. It did not go over. That is still a subject The PRESIDENT. The gentleman's point is well-taken. of a Calendar that we have yet to deal with, and I was about Since there is no item actually before us in Executive Session, to make a motion, Mr. President, that the remainder of the the gentleman can proceed to make a statement only with bills on today's Calendar be rereferred to the Committee on unanimous consent. His remarks are better and more properly Rules and Executive Nominations. placed during Petitions and Remonstrances. The PRESIDENT. The Chair thanks the gentleman. His The gentleman is correct. The gentleman's remarks are out point is well-taken. We have not taken action on that bill at of order at this time. this time, having skipped around and handled the items that PERSONAL PRIVILEGE required action first. Senator MELLOW. Mr. President. Senator PECORA. Mr. President, point of personal privi­ The PRESIDENT. But we are not quite at that point yet. lege. Has the gentleman, in fact, made a motion that the remain- The PRESIDENT. The gentleman from Allegheny, Senator ing bills on the Calendar be rereferred to the Committee on Pecora, will state it. Rules and Executive Nominations? Senator PECORA. Mr. President, my point is that accusa­ Senator LOEPER. That is correct, Mr. President. tions were made against me personally on this Senate floor, The PRESIDENT. Senator Loeper moves that the remain­ and I heard the gentleman from Philadelphia, Senator Will­ ing bills on the Calendar be rereferred to the Committee on iams, previously object to that kind of behavior. Rules and Executive Nominations. Senator MELLOW. Mr. President. On the question, The PRESIDENT. If the gentleman would yield. If both gentlemen would yield. Will the Senate agree to the motion? The gentleman is perfectly entitled to make whatever state­ The PRESIDENT. Now the Chair recognizes the gentleman ment he wishes. The issue here is whether or not he is in order from Lackawanna, Senator Mellow. at this time, and the fact is that the gentleman is not. Senator MELLOW. Mr. President, I oppose the motion So, with apologies, the Chair is going to have to rule the with respect to Senate Bill No. 823 being rereferred to the gentleman out of order and suggest that he stay for the Peti­ Committee on Rules and Executive Nominations and ask for tions and Remonstrances section of the Calendar today. a roll-call vote. Senator FISHER. Mr. President, I hate to state this in the The PRESIDENT. In an effort to clarify the situation, can form of an appeal of the Chair's ruling, but is not the gentle­ we deal with the remaining bills on the Calendar? Is there an man from Allegheny, Senator Pecora, entitled to state his objection to rereferring the remaining bills, with the exception point of personal privilege, whether we are in Executive of Senate Bill No. 823, to the Committee on Rules and Execu­ Session or not? tive Nominations? The PRESIDENT. The Chair is confused. The Chair Senator MELLOW. Mr. President, I have no objection to thought he heard the point of personal privilege implied in the that. gentleman's comments that he wanted to make a statement on The PRESIDENT. The motion is to rerefer those bills to his own behalf. The gentleman is entitled to do that under the Committee on Rules and Executive Nominations. Petitions and Remonstrances. Senator LOEPER. Mr. President, that is correct. The motion is to rerefer all remaining bills, including that specific bill, to the Committee on Rules and Executive Nominations. 1992 LEGISLATIVE JOURNAL-SENATE 2509

The PRESIDENT. The Chair appreciates the gentleman's An Act amending the act of September 24, 1968 (P. L. 1040, clarification. No. 318), entitled, as amended, "Coal Refuse Disposal Control The motion before us is to rerefer all remaining bills on the Act," providing for the use of coal refuse material as a fuel source. Calendar, including Senate Bill No. 823, to the Committee on Rules and Executive Nominations. Considered the third time, MOTION AMENDED On the question, Will the Senate agree to the bill on third consideration? Senator MELLOW. Mr. President, I amend the motion to not include Senate Bill No. 823. MOTION TO REREFER The PRESIDENT. The Chair would find that the gentle­ Senator LOEPER. Mr. President. man's amendment is understandable and in order. The PRESIDENT. Is it the intention of the gentleman to On the question, move that the bill be rereferred to the Committee on Rules Will the Senate agree to the motion as amended? and Executive Nominations? Senator LOEPER. Yes, that is correct, Mr. President. POINT OF INFORMATION The PRESIDENT. Senator Loeper moves that Senate Bill Senator MELLOW. Mr. President, point of information. No. 823 be rereferred to the Committee on Rules and Execu­ The PRESIDENT. The gentleman from Lackawanna, tive Nominations. Senator Mellow, will state it. On the question, Senator MELLOW. Mr. President, my understanding of Will the Senate agree to the motion? what would be before us would be the motion to not send Senate Bill No. 823 to the Committee on Rules and Executive Senator MELLOW. Mr. President, I oppose the motion to Nominations, as an amendment to the motion? rerefer Senate Bill No. 823 to the Committee on Rules and (The Senate was at ease.) Executive Nominations and ask for a roll-call vote. The PRESIDENT. The Chair thanks the leaders for their Senator STOUT. Mr. President, I object to Senate Bill No. colloquy. 823 being rereferred to the Committee on Rules and Executive Returning to the issue at hand, we may be in a position to Nominations. I know the hour grows late. We are all weary resolve this matter. The Chair understands that there is an from this budget process and today's events, but I feel that I agreement to offer the motion in a slightly amended form. am entitled to have a vote on this bill. I have tried to work within the system in a bipartisan and cooperative manner BILLS REREFERRED between their side of the aisle and our side of the aisle. I Senator LOEPER. Mr. President, I move that the remain­ understand why the motion is being made to rerefer, to try to der of the Calendar, with the exception of Senate Bill No. 823, bury this bill back in committee. It has been nearly a year and be rereferred to the Committee on Rules and Executive Nomi­ a half since this bill was introduced, and it was only through nations. the cooperation of the gentleman from Luzerne, Senator The PRESIDENT. Senator Loeper moves that the remain­ Musto, and the gentleman from Lebanon, Senator Brightbill, der of the Calendar, with the exception of Senate Bill No. 823, from the Committee on Environmental Resources and be rereferred to the Committee on Rules and Executive Nomi­ Energy, that we finally got this bill out after nearly 18 nations. months. It is a bill of good public policy, but it does not set On the question, well with some of the great utility interests of the Common­ Will the Senate agree to the motion? wealth who again want to stifle- Senator LOEPER. Point of order, Mr. President. The PRESIDENT. On that motion, all those in favor Senator STOUT. -any type of event- signify by saying "aye"; all those opposed, "no." Senator LOEPER. Point of order, Mr. President. The "ayes" seem to have it, and those bills will be Senator STOUT. -which would help clean up the environ­ rereferred to the Committee on Rules and Executive Nomina­ ment in Pennsylvania. tions, which gives us the remaining bill on the Calendar, The PRESIDENT. Would the gentleman please yield for a Senate Bill No. 823. second. SB 823 CALLED UP POINT OF ORDER SB 823 (Pr. No. 876) - Without objection, the bill was Senator LOEPER. Mr. President, I rise to a point of order. called up from page 2 of the Third Consideration Calendar, The PRESIDENT. The gentleman from Delaware, Senator by Senator MELLOW. Loeper, will state it. BILL ON THIRD CONSIDERATION, Senator LOEPER. Mr. President, I believe the only issue DEFEATED ON FINAL PASSAGE before the Senate is the rereferral, not the merits of the bill. SB 823 (Pr. No. 876) - The Senate proceeded to consider­ The PRESIDENT. The gentleman's point is very well­ ation of the bill, entitled: taken. On the motion to rerefer, we are dealing with a very narrow subject and there is very limited debate allowed, and it 2510 LEGISLATIVE JOURNAL-SENATE JULY 1,

is necessary that all of us restrict our comments to the issue of Senator MELLOW. Mr. President, I request a temporary the rereferral only. Capitol leave for Senator O'Pake. And the question recurring, The PRESIDENT. Senator Mellow requests a temporary Will the Senate agree to the motion? Capitol leave for Senator O'Pake. There being no objection, that leave will be granted as well. Senator STOUT. Mr. President, I have spent many, many hours on this floor listening to people from both sides of the And the question recurring, aisle discussing whether something is in order or not who have Shall the bill pass finally? been given a great deal of latitude, and I have never abused Senator STOUT. Mr. President, I rise to ask for support that privilege on this floor. for Senate Bill No. 823. Senate Bill No. 823 is very important I object to this motion. We should have an opportunity to legislation throughout the Commonwealth of Pennsylvania, bring this bill up for a vote, and when that time comes, if I am and particularly in areas where coal mining activities have treated fairly, it will be called up for a vote and we will discuss existed for the past several centuries. In many areas in my part the merits of Senate Bill No. 823. I object to the motion. of southwestern Pennsylvania there are large slate dumps and The PRESIDENT. The motion is to rerefer the bill to the culm banks and gob piles, and every other name you want to Committee on Rules and Executive Nominations. call them, that have existed for generation upon generation. And the question recurring, Both the State and Federal government have had programs Will the Senate agree to the motion? over the years to clean up those culm banks to restore the land to a beneficial purpose. Unfortunately, in these very tough (During the calling of the roll, the following occurred:) State and Federal fiscal times, there is not sufficient money to Senator BORTNER. Mr. President, I would like to change do that. Year after year we have tried to advance projects to my vote from "aye" to "no." get them cleaned up. There exists in some areas in the Com­ The PRESIDENT. The gentleman will be so recorded. monwealth cogeneration operations that create energy by Senator HOLL. Mr. President, I would like to change my using the coal refuse, by taking that material, processing it, vote from "no" to "aye." screening it out, and recovering the burnable coal to use in a The PRESIDENT. The gentleman will be so recorded. fluidized bed to produce energy. This has a number of bene­ The yeas and nays were required by Senator LOEPER and fits. Not only does it provide an energy source to Pennsyl­ were as follows, viz: vania and throughout the nation, but also its number one issue is environmental concern. We appropriate YEAS-,.22 millions of dollars here in this body for cleaning up the environment. Annstrong Hart Madigan Robbins Senate Bill No. 823 would provide a funding incentive to use Baker Holl Pecora Shaffer that culm bank, to burn it, to restore the area, Bell Hopper Peterson Shumaker to clean up the Corman Jubelirer Punt Tilghman streams from these large mountains of culm where the rain Fisher Lemmond Rhoades Wenger falls onto them and washes them down into the streams, Loeper Greenwooa which causes acidic conditions in the waterways of the Com­ NAYS-27 monwealth and causes pollution of our waterways. The wind Afflerbach Fattah Lincoln Scanlon blows this culm bank material up into the air, which causes Andrezeski Furno Lynch Schwartz further pollution. Once these culm banks, slate dumps, are Bel an Greenleaf Mellow Stapleton Bodack Helfrick Musto Stewart used and recovered, they are covered with topsoil and vegeta­ Bortner Jones O'Pake Stout tion grows upon them, and this bill provides an incentive to Brightbill LaValle Porterfield Williams do that. Dawida Lewis Reibman It is not only important for the energy resource but also for Less than a majority of the Senators having voted "aye," cleaning up the environment. And as we spent many, many the question was determined in the negative. hours this afternoon here on this floor dealing with Senate Bill And the question recurring, No. 6 because it was a jobs bill, yes, indeed, this is a jobs bill Will the Senate agree to the bill on third consideration? for helping those areas throughout northeastern and south­ It was agreed to. western Pennsylvania where they have to deal with these culm banks. On the question, I know there are some vested interests who visit this Capitol Shall the bill pass finally? who are opposed to this. It is totally an unenlightened posi­ LEGISLATIVE LEAVES tion to oppose this legislation, because Senate Bill No. 823 Senator LOEPER. Mr. President, Senator Hart has been will provide a mechanism, finally, maybe within our lifetime, called to her office and I request a temporary Capitol leave on to get these culm banks cleaned up, to use them as a source of her behalf. energy, create jobs, and protect the environment. There could not be better The PRESIDENT. Senator Loeper requests a temporary public policy. I urge enlightened Capitol leave for Senator Hart, and that leave will be granted, support for Senate Bill No. 823, and I without objection. circulated information to the Members on the exact cost. It 1992 LEGISLATIVE JOURNAL-SENATE 2511 comes out to about $1 a year for the ratepayer. I do not think I oppose the bill. that is an unreasonable sum to pay to clean up our environ­ Senator AFFLERBACH. Mr. President, there is nothing I ment. We appropriate hundreds of millions of dollars under would like better than to be able to support my good friend, this Federal program, but, unfortunately, due to the budget the gentleman from Washington, Senator Stout, on this bill. deficit, instead of getting $100 million a year we get a measly Some 14 or 15 years ago, I began working with Georgetown few million and these culm banks are not cleaned up. University, which at that time was experimenting with the I think it is a very responsible thing to vote in support of fluidized bed boiler system as a method by which to reduce the Senate Bill No. 823 and I ask for your support for the passage culm banks in Pennsylvania, and as a result of those efforts of this bill, even though it is the last day before the summer over the years, we have, in fact, as Senator Stout has indicated break, but we have been trying to do this for a number of and as the gentleman from Schuylkill, Senator Rhoades, has months now. indicated, a number of culm-burning fluidized bed boiler Thank you. systems in this Commonwealth, both in the east and the west. Senator RHOADES. Mr. President, I rise in opposition to But, unfortunately, I cannot support this bill at this time this bill. I do not think there is anybody here who has more because it does raise considerable questions which I do not cogeneration plants in their district than I do. I did more believe have been fully answered. There is significant dispute between the PUC and these cogeneration plants in trying to about just how much it will cost the ratepayer to implement pull this together than I think anyone else sitting in this this bill. There is some significant dispute about whether or Chamber, too. But, there is one thing I know in terms of if not it should be a direct pass-through, as the bill provides, or you want to clean it up, they are going to clean them up them­ whether it should, in fact, be a rate base cost that is figured at selves without $3 a ton. They put contracts together on $100 some later date. million plants which will run 20 and 25 years where they have These are the kinds of questions that I think need to be agreed upon the price of the culm and what is there, and in the dealt with in more detail before we pass a bill as significant as whole thing what we are, in essence, doing is saying that I will this, and at this time, I would reluctantly ask for a "no" vote give you $3 a ton more, even though you have a contract in on the bill. our particular case, as a bonus because we want to pass this Senator STOUT. Mr. President, in response to the two pre­ and put it in place. Now, $3, that is going to come from vious speakers who oppose the passage of Senate Bill No. 823, where'? From the utilities. And the utilities are opposing this. I just want to advise them that in a cogeneration facility, when Why? Because they have to increase their rates. And who are the contracts are entered into between the utility-and that is they going to get it from? The ratepayers themselves. Federal law undc'ir the Federal Energy Office-if a cogen These cogeneration plants have contracts that are worked comes within the service area of a utility, they have to take out among investors, coal operators, builders, and the rest. It that on. That was put in back in the '70s as part of the energy is a contract that is there. I have been told that this is $3 so crisis, when we used to stand in line for gasoline and the rates that we can compete with gas. I have been told that it is $3 to were going up through the ceiling, in order to have an incen­ act as an incentive. I have been told it is $3 to clean up the tive for people to build cogeneration facilities, to use other environment. My environment is getting cleaned up, but I am alternate forms of energy, whether it is wind energy or doing it without putting $3 out. If you talk about my particu­ thermal energy or using a resource that is there in the culm lar area, I will have seven cogeneration plants that will get $8 banks to make cogeneration. million among them for something they already have, they Now, under Federal law, it gave an incentive that mandated know where their profit is and it is operating, and I am going that the utility companies take the power produced by to do that again? I am sorry. I have problems with that. In cogeneration. When they enter into a contract with a utility, terms of opposition to that, the utilities are against it because after they have gone through the PUC hearings, they are enti­ they are the first ones to get criticized any time they raise their tled to two things, one is called the avoidance cost. If a utility rates. But I will also add to that, too, that the United Mine needs energy, therefore, they have to invest, build a power Workers are objecting and are opposed to this bill. plant, and it would probably cost close to $1 billion and take So, when I look at all these areas, and I would like to clean at least 10 years to get a major generating facility on line, you the environment up and it will be with the cogenerations that are paid your avoidance cost. The cogen operator would get are there, if anything, I would say maybe give that money to just the same amount of money that the public utility would if the school districts that have to bear this or give it to the they were to float the bonds and build a generating facility. municipalities that have to keep this area or where the plants The utilities do not like that because they want to get it into are going to be located, but to say $3 per ton to a utility that the rate base, so the gentleman from Schuylkill, Senator already has something in place, no way. If we are going to talk Rhoades, might pay attention to that, that these facilities do about competition, this is where it is. As far as I am con­ not go into the rate base, they buy the energy from the pro­ cerned, this is not going to accomplish what we want. It is vider of the cogeneration facility. going to give $3 to a utility just to make their profit that much Besides the issue of avoided costs that are paid on the more. cogenerator, the other part of the formula is the energy costs. In a culm bank where you have a very low cost for fuel, you 2512 LEGISLATIVE JOURNAL-SENATE JULY 1,

have a fixed rate for the life of that cogen, whether it is 20 YEAS-18 years or 15 or 18, and that keeps the costs down on those types Andrezeski Fattah Lynch Scanlon of facilities. I am sure I have driven on I-81, or I-83 up past Armstrong Helfrick Mellow Schwartz Senator Rhoades' area where I have seen some cogen opera­ Belan Jones Musto Stout Bodack LaValle Porterfield Williams tions that have large piles there, maybe many millions of tons Brightbill Lincoln of coal refuse to process and use in a cogen, but in many NAYS-29 areas, there are much smaller piles located throughout the coal regions and you cannot build a $100 million cogen at Afflerbach Hart Madigan Robbins Baker Holl O'Pake Shaffer every pile. You need to have an incentive of this $3 a ton to Bell Hopper Pecora Shumaker bring that in from remote areas and have it processed and be Bortner Jubelirer Peterson Stapleton used in that. Corman Lemmond Punt Stewart Fisher Lewis Reibman Tilghman So, it does not go throughout the system. It is only into util­ Greenleaf Loeper Rhoades Wenger ities where they have cogens in their system, and under Greenwood Federal law they are required to take the power of a cogen Less than a majority of all the Senators having voted facility. This is not going to make anyone rich who is already "aye," the question was determined in the negative. into the system. This is part of our legislative process. If it goes through here it will go to the House and I am sure it will RECONSIDERATION OF SB 823 have consideration and maybe amendments there. So, this is BILL LAID ON THE TABLE not final passage legislation. It is to have a process as we get Senator MELLOW. Mr. President, I move that the vote by down toward the end of this Session, to have this bill passed which Senate Bill No. 823 was defeated be reconsidered and that is responsible public policy and it is not going to unduly the bill be laid on the table. raise the rates of utilities in Pennsylvania. In areas that do not The PRESIDENT. Senator Mellow moves that the vote by get power from those cogens, they are not paying anything. which Senate Bill No. 823 failed passage be reconsidered and So, do not be misled by false information. that the bill be laid upon the table. I urge support of Senate Bill No. 823. All those in favor of the motion signify by saying "aye"; all Senator BELL. Mr. President, this is turkey season, I those opposed, "no." The "ayes" have it, and the bill will be know, and this is the kind of a bill that should be very care­ laid upon the table. fully analyzed before it is passed. I listened to my colleague, the gentleman from Lehigh, Senator Afflerbach, and he and I are the Minority and Major­ SPECIAL ORDER OF BUSINESS ity Chairmen of the Consumer Protection and Professional CONDOLENCE RESOLUTION Licensure Committee, and this affects the cost of electricity, and it affects the cost of electricity to every user of electricity EXPRESSING CONDOLENCES AT THE in Pennsylvania, which is almost everybody. DEATH OF FORMER LIEUTENANT Now, I know this legislature has taken a firm stand- we are GOVERNOR DANIEL B. STRICKLER not going to raise taxes today- and I say this, before a bill like Senators ARMSTRONG, BELL and WENGER offered the this passes, we should very carefully analyze whether we want following resolution which was read, considered and adopted: to raise electric rates. I do not care if it is a dollar, ten dollars, In the Senate, July 1, 1992. or a hundred dollars, but somebody is going to pay this three bucks a ton. A RESOLUTION Senator STOUT. Mr. President, in response to my friend Expressing condolences at the death of former Lieutenant Gover­ and colleague from Delaware County, Senator Bell, that this nor Daniel B. Strickler. is turkey season, I think he has been here for more seasons WHEREAS, Former Lieutenant Governor Daniel B. Strickler than the rest of us, so I understand how he can identify that, of Lancaster died June 29, 1992, at the age of 95; and WHEREAS, He was long associated with the Pennsylvania but this is not a turkey. This bill has been in this General National Guard's 28th Infantry Division; and Assembly for 18 months, been on the Calendar for about 3 WHEREAS, He served as Lieutenant Governor from 1947 to weeks, in through the standing Committee on Energy and 1950 under Governor James Duff; and Environmental Resources. So, it is not a turkey. WHEREAS, He resigned his office when the Korean War Senator BELL. Mr. President, I will be very brief. broke out to take over as commanding officer of the 28th Infan­ try Division; and I have seen some awfully lean and miserable turkeys go WHEREAS, He was one of Pennsylvania's best-known mili­ through here today, and this is a fat turkey. tary leaders; and And the question recurring, WHEREAS, He was the youngest captain to serve during World War I; and Shall the bill pass finally? WHEREAS, He was decorated with the Bronze Star, the Silver The yeas and nays were taken agreeably to the provisions of Star with Oak Leaf Cluster, the Combat Infantry Badge and by the Constitution and were as follows, viz: the governments of France, Belgium and Luxembourg; and WHEREAS, He served in the House of Representatives from 1931 to 1932; and, 1992 LEGISLATIVE JOURNAL-SENATE 2513

WHEREAS, He was Lancaster Commissioner of Police during SENATE BILLS RETURNED WITHOUT APPROVAL Prohibition; and WHEREAS, He was involved in numerous civic and military The PRESIDENT laid before the Senate the following com­ organizations; therefore be it munications in writing from His Excellency, the Governor of RESOLVED, That the Senate express its condolences at the the Commonwealth, advising that the following Senate Bills death of former Lieutenant Governor Daniel B. Strickler; and be had been approved and signed by the Governor, with objec­ it further tions: RESOLVED, That copies of this resolution, sponsored by Senator Gibson E. Armstrong, Clarence D. Bell and Noah W. SB 1747. Wenger, be sent to his daughter, Nancy C. Strickler of London, England, and his son, Daniel B. Strickler, Jr. of New York City. Said bill having been returned with the following message: July 1, 1992 PETITIONS AND REMONSTRANCES To The Honorable, The Senate of the Commonwealth of Pennsylvania: Senator PECORA. Mr. President, during this Session I have the honor to inform you that I have this day approved today there have been many accusations and personal attacks, and signed Senate Bill1747, Printer's No. 2237, entitled "A SUP­ and so forth. We had the Governor of Pennsylvania attacked PLEMENT To the act of April!, 1863 (P.L.213, No.227), enti­ verbally, the Secretary of Education, the Secretary of Labor, tled 'An act to accept the grant of Public Lands, by the United and a House Member, Dwight Evans. It is a disgrace to this States, to the several states, for the endowment of Agricultural Colleges,' making appropriations for carrying the same into body that these procedures should continue. Now, I am not effect; providing for a basis for payments of such appropriations; blaming the Chair. The Chair was very nice to everyone. He and providing for a method of accounting for the funds appropri­ put up with the uncalled-for precedence that was set today. ated," except as to the following: And also, my own personality was criticized by lies and false Section I. **"' intentions. (4) For the cost of agricultural research ...... 18,835,000 Everybody got up here and statedthat they have not had a This item is approved in the sum of $18,352,000 magistrate in their area of qualified people for a few months. I have reduced the above appropriation in order to bring Mr. President, I recommended a qualified gentleman who had overall proposed spending in line with the estimated available an attorney's degree also, but that nomination was rejected by revenue, thus fulfilling my constitutional responsibility to the Governor and by Members of this Senate's influence. approve a balanced budget. That gentleman was well-qualified for this position, but, yet, ROBERT P. CASEY. that vacancy has been in my district for over a year. I recom­ Governor mended another person and that was ignored by the Gover­ nor's Office by Senate influence. Senatorial privileges were SB 1760. ignored over a year, Mr. President. False information was provided to the news media over the year that I was interfer­ Said bill having been returned with the following message: ing with the appointment of judges across this Common­ July 1, 1992 wealth. That was untrue, Mr. President. It was between the To The Honorable, The Senate of the Commonwealth leadership who cannot negotiate an agreement among them­ of Pennsylvania: selves. I have the honor to inform you that I have this day approved Constantly this year I have been harassed, chastised, and and signed Senate Bill 1760, Printer's No. 2250, entitled "AN discriminated against by Members of this body, as also the ACT making an appropriation to the Trustees of the Berean Governor of Pennsylvania has, and I hope that when we get Training and Industrial School at Philadelphia," except as to the follo-.ying: back there will be some credibility brought to this Senate. Section 1. (a) The sum of $1,298,000 is hereby appropriated They can continue to lie, but do it in the news media. Do not to the Trustees of the Berean Training and Industrial School at lie in the Senate of Pennsylvania. Philadelphia for the fiscal year July 1, 1992 to June 30, 1993, for Thank you, my President. operation and maintenance at the school. This item is approved in the sum of $1,054,000. COMMUNICATIONS FROM THE GOVERNOR I have reduced the above appropriation in order to bring overall proposed spending in line with the estimated available APPROVAL OF SENATE BILLS revenue, thus fulfilling my constitutional responsibility to approve a balanced budget. The PRESIDENT laid before the Senate communications in writing from His Excellency, the Governor of the Com­ ROBERT P. CASEY. Governor monwealth, advising that the following Senate Bills had been approved and signed by the Governor: SB 539, 1379 and 1625. SB 1761. Said bill having been returned with the following message: 2514 LEGISLATIVE JOURNAL-SENATE JULY 1,

July 1, 1992 Section l. The sum of $183,000 is hereby appropriated to To The Honorable, The Senate of the Commonwealth The Carnegie for the Carnegie Museum of Natural History, of Pennsylvania: Pittsburgh, for the fiscal year July 1, 1992 to June 30, 1993, for maintenance and the purchase of apparatus, supplies and equip­ I have the honor to inform you that I have this day approved ment. and signed Senate Bill 1761, Printer's No. 2251, entitled "AN ACT making appropriations to the Downingtown Industrial and This item is approved in the sum of $176,000. Agricultural School, Downingtown," except as to the following: Section 2. The sum of $183,000 is hereby appropriated to Section 1. The sum of $872,000 is hereby appropriated to The Carnegie for the Carnegie Science Center, Pittsburgh, for the the Downingtown Industrial and Agricultural School, Downing­ fiscal year July 1, 1992 to June 30, 1993, for the general operation town, for the fiscal year July 1, 1992 to June 30, 1993 for opera­ of the planetarium and institute. tion and maintenance of the school. This item is approved in the sum of $176,000. *** I have reduced the appropriation in this bill in order to bring I withhold my approval from this entire item. overall proposed spending in line with the estimated available Section 3. The sum of $49,000 is hereby appropriated to revenue, thus fulfilling my constitutional responsibility to the Downingtown Industrial and Agricultural School approve a balanced budget. for special projects. ROBERT P. CASEY. I withhold my approval from this entire item. Governor I have eliminated the above appropriations in order to bring overall proposed spending in line with the estimated available SB1781. revenue, thus fulfilling my constitutional responsibility to approve a balanced budget. Said bill having been returned with the following message: ROBERT P. CASEY. July 1, 1992 Governor To The Honorable, The Senate of the Commonwealth of Pennsylvania: SB 1779. I have the honor to inform you that I have this day approved and signed Senate Bill 1781, Printer's No. 2271, entitled "AN Said bill having been returned with the following message: ACT making an appropriation to the Franklin Institute Science July 1, 1992 Museum," except as to the following: To The Honorable, The Senate of the Commonwealth Section 1. The sum of $555,000 is hereby appropriated to of Pennsylvania: the Franklin Institute Science Museum, Philadelphia, for the fiscal year July 1, 1992, to June 30, 1993, for the maintenance of I have the honor to inform you that I have this day approved the institute. and signed Senate Bill 1779, Printer's No. 2269, entitled "AN *** ACT making an appropriation to the Trustees of the University of Pennsylvania for the general maintenance and operation of the This item is approved in the sum of$531,000. University of Pennsylvania Museum,'' except as to the following: I have reduced the appropriation in this bill in order to bring Section l. The sum of $183,000 is hereby appropriated to overall proposed spending in line with the estimated available the Trustees of the University of Pennsylvania for the fiscal year revenue, thus fulfilling my constitutional responsibility to July 1, 1992 to June 30, 1993, for the general maintenance of the approve a balanced budget. University of Pennsylvania Museum and the purchase of such ROBERT P. CASEY. apparatus and equipment as the trustees may deem necessary for Governor the best interest of the University of Pennsylvania Museum. This item is approved in the sum of $176,000. SB 1782. I have. reduced the appropriation in this bill in order to bring overall proposed spending in line with the estimated available Said bill having been returned with the following message: revenue, thus fulfilling my constitutional responsibility to approve a balanced budget. July 1, 1992 ROBERT P. CASEY. To The Honorable, The Senate of the Commonwealth Governor of Pennsylvania: I have the honor to inform you that I have this day approved and signed Senate Bill 1782, Printer's No. 2272, entitled "AN SB 1780. ACT making an appropriation to the Academy of Natural Scien­ ces," except as to the following: Said bill having been returned with the following message: Section 1. The sum of $339,000 is hereby appropriated to July 1, 1992 the Academy of Natural Sciences, Philadelphia, for the fiscal To The Honorable, The Senate of the Commonwealth year July 1, 1992, to June 30, 1993, for the purpose of mainte­ of Pennsylvania: nance of the academy. I have the honor to inform you that I have this day approved This item is approved in the sum of $325,000. and signed Senate Bill 1780, Printer's No. 2270, entitled "AN I have reduced the appropriation in this bill in order to bring ACT making an appropriation to The Carnegie for the Carnegie overall proposed spending in line with the estimated available Museum of Natural History and the Carnegie Science Center," revenue, thus fulfilling my constitutional responsibility to except as to the following: approve a balanced budget. 1992 LEGISLATIVE JOURNAL-SENATE 2515

ROBERT P. CASEY. Section I. The sum of $34,000 is hereby appropriated to Governor the Everhart Museum in Scranton for the fiscal year July 1, 1992, to June 30, 1993. This item is approved in the sum of $32,000. SB 1783. I have reduced the appropriation in this bill in order to bring Said bill having been returned with the following message: overall proposed spending in line with the estimated available revenue, thus fulfilling my constitutional responsibility to July l, 1992 approve a balanced budget. To The Honorable, The Senate of the Commonwealth ROBERT P. CASEY. of Pennsylvania: Governor I have the honor to inform you that I have this day approved The PRESIDENT. The communications and bills will be and signed Senate Bill 1783, Printer's No. 2273, entitled "AN ACT making an appropriation to the Museum of the Philadel­ laid on the table. phia Civic Center for maintenance and the purchase of appara­ tus, supplies and equipment," except as to the following: BILLS SIGNED Section I. The sum of $183,000 is hereby appropriated to the Museum of the Philadelphia Civic Center, Philadelphia, for The PRESIDENT (Lieutenant Governor MarkS. Singe!) in the fiscal year July 1, 1992, to June 30, 1993, for maintenance the presence of the Senate signed the following bills: and the purchase of apparatus, supplies and equipment SB 6, 402, 950, 1000, 1007, 1110, 1299, 1393, 1536, HB 734, This item is approved in the sum of$176,000. 871, 1318, 1387,2574 and 2791. I have reduced the appropriation in this bill in order to bring overall proposed spending in line with the estimated available PETITIONS AND REMONSTRANCES revenue, thus fulfilling my constitutional responsibility to approve a balanced budget. (Continued ROBERT P. CASEY. Senator BODACK. Mr. President, I was in my office and I Governor did not intend to hold the Senate up any longer, but I heard the gentleman from Allegheny County make some statements that were totally inaccurate and I thought that I would just, SB 1784. for the record, clear it up and let you know exactly what Said bill having been returned with the following message: occurred. July 1, 1992 The gentleman referred to an appointment for district To The Honorable, The Senate of the Commonwealth justice in his then Senatorial district. The person involved was of Pennsylvania: a William A. Seles, whose name was sent over to the Gover­ I have the honor to inform you that I have this day approved nor for the position of magistrate. Mr. Seles came to see me and signed Senate Bill 1784, Printer's No. 2274, entitled "AN and discussed his appointment with me, and I assured him ACT making an appropriation to the Afro-American Historical that I could do nothing because he resided in the district that and Cultural Museum for operating expenses," except as to the was represented by Senator Pecora. I told him, however, that following: Senator Pecora was a friend of mine and I would be happy to Section I. The sum of $260,000 is hereby appropriated to talk to him on his behalf. the Afro-American Historical and Cultural Museum, Philadel­ I called Senator Pecora and I discussed the nomination with phia, for the fiscal year July 1, 1992, to June 30, 1993, for operat­ ing expenses, including maintenance and the purchase of appara­ him and he told me that he knew the. gentleman and the gen­ tus, supplies and equipment. tleman is a fine gentleman to hold that job and he had no This item is approved in the sum of $249,000. opposition to the gentleman and that if I could get his name I have reduced the appropriation in this bill in order to bring sent over from the Governor's Office, he would sail through overall proposed spending in line with the estimated available this Senate 50-0. He also told me that the reason he needed revenue, thus fulfilling my constitutional responsibility to someone to get the gentleman's name over was because he had approve a balanced budget. sent four letters to the Governor for four different individuals ROBERT P. CASEY. for this seat. Governor I think it should be noted also, Mr. President, that the gen­ tleman in question, Senator Pecora, is laughing like a hyena, as he generally does when this subject comes up on the floor SB 1785. of the Senate. Said bill having been returned with the following message: Senator LOEPER. Mr. President, point of order. July I, 1992 The PRESIDENT. The Chair would intervene at this point. To The Honorable, The Senate of the Commonwealth Without provocation, the Chair would remind the gentle- of Pennsylvania: man that even in Petitions and Remonstrances the rules of I have the honor to inform you that I have this day approved decorum and dignity and courtesy prevail. The Chair would and signed Senate Bill 1785, Printer's No. 2275, entitled "AN simply request that the gentleman observe that. ACT making an appropriation to the Everhart Museum in Scranton," except as to the following: 2516 LEGISLATIVE JOURNAL-SENATE JULY 1,

Senator BODACK. I would like to call attention to the and denying the people of the magisterial district the right to Chair that the comment that was made, Mr. President, was justice. It seems very silly to me that a body such as the Senate made without provocation. of Pennsylvania would allow someone who has absolutely no In any event, the most beautiful letter was sent to the Gov­ direction for himself to direct the entire Senate of Pennsyl­ ernor's Office for William A. Seles to become adistrict justice vania, because he does not know what he is doing, he only in the district in question. The gentleman could not have knows where he is going. written a better letter himself. If I were prepared for this I Thank you. would have had the letter with me, because I have a copy that Senator BELAN. Thank you, Mr. President. he gave me. As you know, I do not stand up before this microphone too Now, the whole situation that comes up regarding nomina­ often, but I feel today I am obligated to do that, obligated to tions that has been created by Senator Pecora started out as a the people of Allegheny, Washington, and Westmoreland threat that he would withhold any appointment in Allegheny Counties. County that the Governor would send over here. He certainly For those across the aisle who do not know what a district did that, but he has also spilled it over to a statewide situation justice does, I would like to refresh their memory, being one where now he is holding up judges, district justices, and other for 12 years, 2 months, and 2 days. appointments. The district justice program was formed in 1970 in order to POINT OF ORDER alleviate the caseload in the Court of Common Pleas. That is what the district justice function is. The district court, the Senator LOEPER. Mr. President, I rise to a point of order. minor judiciary, is the first court, is the first phase that a The PRESIDENT. The gentleman from Delaware, Senator person has to deal with in the judiciary. We need people in the Loeper, will state it. minor judiciary to carry on what the Court of Common Pleas Senator LOEPER. Mr. President, I understand that this and Commonwealth Court, and so on, do for the people. order of business gives each member a lot of leeway to address When the gentleman from Allegheny, Senator Bodack, certain concerns and issues that they may have, but I think mentioned about the fellow living in another district, it is true. when the attack becomes a personal attack upon another He did not live in the magisterial district that we are talking Member of this institution or someone even outside this insti­ about. The fellow whom we are talking about came to me per­ tution, it is far beyond the bounds of what Petitions and sonally and asked if I would commit myself to Mr. Seles, Remonstrances is designed for. whom I did not know. And when you talk about Senate cour­ The PRESIDENT. The gentleman's point is well-taken, tesy that he refers to, yes, I gave him that Senate courtesy. I and even though there may be some scenario or some internal committed myself to Bill Seles for that gentleman across the machinations that may be apparent or some of the Members aisle. And he is hollering about Senate courtesy, yesterday on may believe that something is factual regarding a Member of the Senate floor when he said he is good for the Common­ the Senate, even if that is the case, it is neither appropriate nor wealth of Pennsylvania, that he wants to do things for the acceptable to make those kinds of direct allegations or direct Commonwealth of Pennsylvania-hogwash. Let him do personal aspersions about another Member of the Senate. something for the people of Allegheny County. Let him do So, it is necessary for the good Senator from Allegheny to something for the courts of the minor judiciary and the Court reel his comments in. of Common Pleas, and so on and so forth. Senator BODACK. Mr. President, if I am considered out Mr. President, I made a commitment to Mr. Seles because of order by the Chair I will apologize to the Chair, but it has of the gentleman across the aisle. I kept that commitment and always been pointed out to me that when you tell the truth you I will continue keeping that commitment. All that is happen­ do not attack someone else. The truth speaks for itself. ing is the people of Allegheny County are getting, excuse the To get on and finish what I am aboutto say, I would like to· expression, shafted, because now they have no courts to go to. call your attention also to the fact that the gentleman who was They have no district justice to go to. We do not have enough opted for after Mr. Seles' name was sent over here did not senior justices to go around. even reside in the district. At the time he lived at 1000 Grand­ Mr. President, the word "commitment" in my language view Avenue in the city of Pittsburgh. He did not live in the and in Webster's Dictionary means honor, your word is magisterial district. I refused to allow the other gentleman to honor. I know what commitment means, Mr. President. My go through because I did not want to have to stand here and word is bond. I did not know commitment was a color. use his name as an appointee, or as someone who has been Thank you, Mr. President. submitted by the Governor, and tear that gentleman apart Senator PECORA. Mr. President, I want to bring my first simply because he did not live in the district,. and some other speech to a fact. I said that there were lies said on this Senate things about him. floor, and I guess they did not listen to me when I said that we So, this was not good enough for the Senator who was should keep the credibility of this Senate. I did not make accu­ involved. They felt that what they should do is hold up the sations against anyone personally. I came up here and said Senator involved, and I guess I cannot use his name because in that we should not personally attack the Governor of Pennsyl­ telling the truth I would be picking on him. But he has cer­ vania, we should not personally attack Dwight Evans, we tainly succeeded, Mr. President, in stopping an appointment 1992 LEGISLATIVE JOURNAL-SENATE 2517 should not personally attack anybody on this Senate floor. AFTER RECESS But that attack has gone on and on. The gentleman from Allegheny, Senator Belan, lied on this The PRESIDENT. The time of recess having expired, the Senate floor when he said I got a commitment from him to Senate will come to order. vote for a person whom he wanted to appoint. The PRESIDENT. The Chair has to, at this point, inter­ UNFINISHED BUSINESS rupt. CONGRATULATORY RESOLUTIONS Senator PECORA. I never spoke to that Senator about an appointment. If I am out of order, I- The PRESIDENT laid before the Senate the following reso­ The PRESIDENT. Would the gentleman yield for just a lutions, which were read, considered and adopted: moment. Congratulations of the Senate were extended to Alice Wick, The Chair has refereed this spat for long enough. The Chair Laurie Findlay Keiser, Florence Kirby, Elizabeth Raby, would point out that indicating that another Member of the Catherine L. Jeffrey, Emil Pavel, Colonel Michael M. Senate lied goes far beyond the pale and is out of order at any Rosenfeld and to Helen Carfara by Senator Afflerbach. time on the Senate floor, and the Chair will not allow it. Congratulations of the Senate were extended to Bruce Senator PECORA. Thank you, Mr. President. Baumgartner, Sam Vona, David Markiewicz, James I. The PRESIDENT. The Chair would suggest to the gentle­ Brown, Frank Pettinato, James R. Brown, Louis Caravaglia, man that he wrap up his comments in a more courteous Barbara Nitkiewicz, Villa Maria Academy of Erie and to fashion. 382nd MASH, United States Army Reserve, of Erie by Senator PECORA. Mr. President, will the Chair accept a Senator Andrezeski. professional distortion of the truth from my colleagues? Congratulations of the Senate were extended to Mr. and I assume by the smile on your face, Mr. President, that you Mrs. Thomas J. Wheary, Mr. and Mrs. Richard F. Costello, would not. Mr. and Mrs. Walter A. Birch, Mr. and Mrs. E. Thomas Mr. President, vacancies of magistrates are filled in by Angelo, Mr. and Mrs. James Reardon, Mr. and Mrs. other magistrates who are retired. No vacancy is presently in a Anthony Colatta, Mr. and Mrs. William J. Mulvey, Mr. and district of my county, so to have that impression given to this Mrs. Robert M. Trimble, Mr. and Mrs. Edward F. body is wrong. The retired magistrates are in those districts Hasselbach, Mr. and Mrs. Joseph F. Fritz, Sr., Mr. and Mrs. fulfilling that duty. The one in this district happens to be filled Lewis R. Libhart, Mr. and Mrs. Lester H. Kreider, Mr. and by a Penn Hills magistrate by the name of Secola who is Mrs. Paul K. Brans by, Mr. and Mrs. Harry A. White, Mr. retired, and he is doing a terrific job. But the problem, Mr. and Mrs. Clarence Behmer, Mr. and Mrs. Thomas A. Eck, President, is that politics should not be on this Senate floor, Mr. and Mrs. JohnS. Maine, Mr. and Mrs. Ellis E. Meredith, and that is what I argued previously. We should not attack Mr. and Mrs. William H. Donley, Mr. and Mrs. Elwood other Senators personally. Previously, I did not not mention Sites, Mr. and Mrs. Carl K. Eckman, Mr. and Mrs. Ira H. another Senator personally. I said some Senators were doing Rutt, Mr. and Mrs. Paul R. Marks, Mr. and Mrs. Robert this. But I am glad that the two Senators who spoke previ­ Hicks, Mr. and Mrs. Preston H. Kline, Mr. and Mrs. Norman ously made it known that they were the two Senators who Witmer, Mr. and Mrs. Paul F. Banzhof, Mr. and Mrs. Merle were the culprits in this event. V. Ruhl, Mr. and Mrs. Karl C. Romig, Mr. and Mrs. Fred J. Also, Mr. President, let the news media judge me who Severino, Mr. and Mrs. Charles E. Heisler, Mr. and Mrs. Carl stood here every time and voted and voted when I was here. I J. Witmeyer, Mr. and Mrs. Clarence G. Ober, Mr. and Mrs. never ran from the Senate floor and hid when there was a William H. Neff, Mr. and Mrs. John Dutt, Mr. and Mrs. budget vote in this Commonwealth in 14 years, and we had to John Kenneth Schlager, Mr. and Mrs. Harold P. Hoak, Sr., make an exception to the rules to give that gentleman the Mr. and Mrs. John J. Hoober, Mr. and Mrs. C. Martin opportunity to vote "no." He had no leave of absence and Bomberger, Mr. and Mrs. Walter Zaleskie, Mr. and Mrs. ran from the Senate floor. That is how you judge people, Mr. Stanton C. Martens, Mr. and Mrs. Bruce L. Pennell, James President. Eshleman Powl, John E. McSparran, John Gellner, John W. Thank you. Griest, Luke K. Muston, Curtis Hince and to Refton Commu­ nity Fire Company by Senator Armstrong. RECESS Congratulations of the Senate were extended to Nathan S. Covey, Debajit Ghosh, Mario Scartozzi, Nathan D. Pitts, Senator LOEPER. Mr. President, I would move that the Mark G. Neubauer, Gerard M. McTear, Andrew L. Powell, Senate recess to the call of the President pro tempore. John Howard Crawford, Earl W. Forte, Lula F. Williams, The PRESIDENT. Senator Loeper moves that the Senate Kenneth McCarron, Gregory A. Marchand, William B. P. do recess to the call of the President pro tempore. Cass, Ben Bruton, Nathan Bedford, Brian Williams, Daniel J. All those in favor signify by saying "aye"; all those Carroll, Raymond J. Butts, Evan A. Pryor, James David opposed, "no." The "ayes" have it and the Senate stands in Mark, Timothy W. Layton, Congressman Dick Schulze, recess. Evelyn Beach, Rush Sloane Wickes, Jason Constant, Peter 2518 LEGISLATIVE JOURNAL-SENATE JULY 1,

Tait, Kevin Ruth, Kyle C. Hoffman, Lorett Treese, Daniel J. Mr. and Mrs. Robert Lovelace, Jr., Mr. and Mrs. Orville Meers, Brian Mercurio, Kimberton Youth Athletic League, Rummel, Mr. and Mrs. Robert Kopp, Mr. and Mrs. George The Davey Company, Women's Republican Club of Chester Smith, Mr. and Mrs. Arthur Preston Heldibridle, Mr. and County, Johnson Matthey of West Chester, Valley Forge Mrs. Lloyd Sanders, Mr. and Mrs. Paul J. Copp, Mr. and National Historical Park Centennial Celebration Committee Mrs. Clarence J. Einsig, Mr. and Mrs. Meredith Neiman, Mr. and to Saint James Episcopal Church of Downingtown by and Mrs. Russell E. Thompson, Mr. and Mrs. Charles W. Senator Baker. Small, Mr. and Mrs. Maynard Unger, Mr. and Mrs. Ralph Congratulations of the Senate were extended to Mr. and W. Poff, Mr. and Mrs. William H. Mummert, Mr. and Mrs. Mrs. Patrick Rodger, Mr. and Mrs. Joseph J. Walters, Kenneth M. Border, Mr. and Mrs. Fred J. Laughman, Mr. Robert E. Osada, Henry Hoffman, Boyd Anastas, Patty and Mrs. Gary Jones, Mr. and Mrs. Millard Whitecomb, Mr. Jarusinski, Robert Winston, George Weber, Walter J. and Mrs. Lester Crone, Mr. and Mrs. Andrew Miller, Mr. Kwolek, Douglas Wible, Martha Gandley, Toni Grygo, Alan and Mrs. L. Paul Pottorff, Mr. and Mrs. George Rebert, Mr. Bixby, Gerald George Kunkle, Jason Kanski, Christopher and Mrs. W. Sumner Read, Mr. and Mrs. Chester Leroy Zeiler, Reverend William C. Callaway, citizens of the Reinecker, Mr. and Mrs. Curvin Moul, Nancy and Jerry Borough of Port Vue, Dormition of the Holy Virgin Russian Jones, Dwight Thomas, M. Thomas Grumbacher, Eva Orthodox Church of McKeesport, Steel Valley Opportunities Sanchez, Lori Engler, Carl G. Paley, Aritonietta Smith, Industrialization Center, Incorporated of McKeesport and to Lottie Brown, Scott Caltagirone, Jason Moncuse, Todd Kennywood Park of West Mifflin by Senator Belan. Myers, Reverend Raymond K. Rossnagel, Mary Daryman, Congratulations of the Senate were extended to Andrew J. Denise Lauer, William P. Feuchtenberger, Jodie L. Markley, Botti and to Beverly A. Homa by Senators Belan and Dawida. Ernie Loucks, Sean R. Coffron, William Plappert, Jr., Jerri Congratulations of the Senate were extended to Mr. and Zimmerman, Gerald Schorr, Terry Brenneman, Barry Poff, Mrs. William Bell, Mr. and Mrs. Edward Rock, Mr. and Mrs. Eric Menzer, Shawn Leppo, Gladfelter Memorial Library of Clayton Carroll, Mr. and Mrs. Joseph G. Sweeney, Mr. and Spring Grove, Boy Scout Troop No. 49 of Hellam, Aries, Mrs. Howard Donaway, Mr. and Mrs. Albert Phillips, Mr. France Twinning Association, Creative Respon~ Peace and Mrs. Dominic DeFrank, Mr: and Mrs. Charles Griesser, Child/York, Hungarian Delegation, York United Against Mr. and Mrs. Herbert Williamson, Sr., Mr. and Mrs. Ossie L. Drugs, State Employees Combined Appeal of Harrisburg, Tillery, Sr., Mr. and Mrs. Frank Speckhals, Iva Myrtle Northern York County Regional Police Department of Eppley, Jeffrey R. Kuc, Michael Cipresso, Timothy C. Teefy, Dover, citizens of the Borough of Yoe, Pan-American Tang Richard F. Dunlap, Luigi Pompilii, Jeffrey E. Tuohey, Soo Do Karate Federation and to The Wolf Organization of Michael W. Cribb, John J. Gallagher, Saint Michael Church York by Senator Bortner. of Chester, Ridley Park United Methodist Church and to the Congratulations of the Senate were extended to Mr. and Upper Chichester High School Class of 1947 of Boothwyn by Mrs. Charles Elwood Kocher, Reverend William W. Miller, Senator Bell. Major General Robert E. Harris, Merritt J. Marks, Union Congratulations of the Senate were extended to Mr. and Fire Company No. 1 of Hamburg, Lebanon Community Mrs. Fletcher Moreland, Mr. and Mrs. William Stayduhar, Theatre, Incorporated, Penn State Cooperative Extension in Mr. and Mrs. William Deitch, Jr., Mr. and Mrs. William Lebanon County, Lebanon County Chapter of the American Mann, Mr. and Mrs. Frank Burka, Mr. and Mrs. Clifford Red Cross and to Farmers Trust Bank of Lebanon by Senator Neumann, Mr. and Mrs. Frank Snoke, Mr. and Mrs. Theo­ Brightbill. dore Anthony, Mr. and Mrs. Robert T. Murrell, Mr. and Congratulations of the Senate were extended to Jake Kibler Mrs. Stanley G. Machosky, Francis B. Henninger, Mattie by Senators Brightbill and Afflerbach. Hollis, Brian Jockel, Sister Carol Troesch, Helen Sobehart, Congratulations of the Senate were extended to Mr. and Eileen Hoerner, Bruce Montgomery Beyer, Paul Kasunich, Mrs. William Hoar, Mr. and Mrs. Roy Varner, Mr. and Mrs. Jean G. Kirkland, The Woodwell of Wilkinsburg, Fox Chapel Harold A. Mitchell, Mr. and Mrs. Jay Treaster, Mr. and Mrs. Area School District of Pittsburgh, American Slovenes of Arthur A. Aumiller, Mr. and Mrs. Wendell 0. Booher, Mr. Western Pennsylvania, Saint Bonaventure Catholic Church of and Mrs. Paul Rickenbaugh, Mr. and Mrs. John L. Sieber, Glenshaw, Marine Corps League, Three RiversLeatherneck Mr. and Mrs. Malvern J. Barner, Mr. and Mrs, Elmer R. Detachment 310 of Allison Park, 529th Quartermaster Corps, Naylor, Mr. and Mrs. Oral R. Smith, Mr. and Mrs. Willis F. Women's Auxiliary Greater Faith Tabernacle Church of God Kearns, Mr. and Mrs. James T. Gilbert, Mr. and Mrs. J. in Christ of Pittsburgh and to the France Marolt Students' Walter Lamb, Mr. and Mrs. Prestie M. Headings, Jr., Mr. Folk Dance Group of the Republic of Slovenia by Senator and Mrs. Merrill Wray, Mr. and Mrs. Joseph Curry, Matthew Bodack. B. Scheetz, Sharon Renee Cahn, Ron W. Speigle, Tillie Wray, Congratulations of the Senate were extended to Dr. Shirley R. Kiens, Craig A. Kibler, Daniel P. Fredericks, Richard C. Wallace, Jr. by Senators Bodack, Scanlon and Andrew L. Bates, Paul F. Kasmala, Shawn R. Fisher, Emmett Dawida. M. Shutes, George W. Martz, Art Oefluri, Timothy Michael Congratulations of the Senate were extended to Victoria Raymond, Terri Lynn Baney, Michelle L. Bubb, Dana Mae and Robert Washington, Mr. and Mrs. Stewart J. Garrett, Showers, Trevor Kephart, Rober.t W. Bay, Dr. Hugh J. 1992 LEGISLATIVE JOURNAL-SENATE 2519

Rogers and to District IV of the Pennsylvania Federation of Congratulations of the Senate were extended to Mr. and Business and Professional Women's Clubs, Incorporated of Mrs. Michael Evangelista, Mr. and Mrs. John Haigh, Mr. Ridgway by Senator Corman. and Mrs. Rudi Gunezel, Mr. and Mrs. Philip J. Lynch, Mr. Congratulations of the Senate were extended to Very and Mrs. Frank T. Sandstrom, Sr., Mr. and Mrs. Frank Reverend Proto presbyter and Mrs. Peter P. Buletza, Mr. and Taliaferro, Mr. and Mrs. Robert H. Stetson, Mr. and Mrs. Mrs. Albert Boldizar, George Galanis, Dr. Ken Burkley, Raymond F. Schaeffer, Mr. and Mrs. Louis E. Cerino, Mr. Anne Etienne, Samantha Runt, Very Reverend Proto­ and Mrs. Russell Schempp, Mr. and Mrs. Krikor Pilbosian, presbyter Peter P. Buletza, Theresa Hackwelder, Dr. Paul M. Mr. and Mrs. William Woehr, Mr. and Mrs. Frederick J. Rike, Sylvia Y. Bondi, Dr. Rocco A. Vernino, Karen LaFace, Kraus, Mr. and Mrs. Ward F. MacNair, Mr. and Mrs. Ellen Carroll Walton, Louise R. Brown, Dr. Carol Anderson, Edward L. Evans, Mr. and Mrs. Elmer Frame, Mr. and Mrs. Most Reverend Donald W. Wuerl, Mary Obringer, Mount John J. Smith, Mr. and Mrs. Edward 0. Hall, Kelley and Oliver Little League of Pittsburgh, Polishfest '92, and to the Margie Ewing, Paul Grossman, Harryet B. Barnitz, Glen D. citizens of the Borough of Mount Oliver by Senator Dawida. Garvin, Dr. Bette E. Landman, Edward J. Brandt, William Congratulations of the Senate were extended to the citizens Goldsworthy, Martha Gerhart, Monsignor Leon J. Peck, of the Borough of Turtle Creek by Senators Dawida and Doris Miller, Edward L. Sullivan, Peter A. Schmid, R. Bel an. Samuel Valenza, Christopher Viviani, IC2 Joseph Congratulations of the Senate were extended to the Christopher Murphy, Thomas Spangler, David William Catholic Diocese of Pittsburgh by Senator Dawida and Geipel, Mattie N. Dixon, John G. Ward, Ted Truver, Ida others. May Carr, Charles F. King, William Biddle, Simmons Ele­ Congratulations of the Senate were extended to Mr. and mentary School of Horsham, Montgomery County and the Mrs. Preslee Rudisill, Mr. and Mrs. Alonzo Waters, Honor­ National Rails-to-Trails Conservancy, Officials of Wash­ able Nelson A. Diaz, Benjamin Pressley, Gabriel Hardeman, imiya, Japan and Lower Gwynedd Township, Second Alarm­ Annie Cora Renfroe Gary, Dr. Benjamin L. Hooks, Nina M. ers Association and Rescue Squad of Montgomery County, Sheppard, Sadie B. Harper, Rose Walker, Ethel Camphor, J. Warminster Volunteer Ambulance Corps, Foulkeways at Douglas Scott, Walter Henry Moss, Jr., Honorable Gordon Gwynedd and to the Abington Township Free Library by J. Linton, Reverend Ralph E. Blanks, Roosevelt Hunter, Jr., Senator Greenleaf. Philadelphia Commercial Development Corporation, Vine Congratulations of the Senate were extended to Honorable Memorial Baptist Church of Philadelphia, The Consortium, Jean L. Wilson by Senators Greenleaf and Greenwood. Revelations of Philadelphia, Germantown Settlement of Phil­ Congratulations of the Senate were extended to Thomas J. adelphia, Woodard Family and to the Anderson Family by Cicippio by Senators Greenleaf and Hoi!. Senator Fattah. Congratulations of the Senate were extended to Nicholas Congratulations of the Senate were extended to Honorable DeBenedictus by Senators Greenleaf and Tilghman. Ruth B. Harper by Senators Fattah and Furno. Congratulations of the Senate were extended to Mr. and Congratulations of the Senate were extended to Mr. and Mrs. Paul Strum, Christopher N. Hayter, Fire Chief Thomas Mrs. Amerigo Bartolini, Dr. Philip Boggio, Brandon Patrick L. Rimmer, Tinicum Township Police Officer James J. Yustince, Mrs. Curtis Love, Howard R. McBride, Robert Sabath, Fred Kelly, Jr., Jeffrey A. Gessner, Elbert Kyle St. Osada, Drew D. Belski, Thomas R. Lindahl, Brian S. Clair III, Matthew R. Gessner, Patricia Goodrich and to Nicolella, Jay R. Wells IV, Gail Lese, Alexander P. David M. Zehner by Senator Greenwood. Rutkowski, Reverend Father Michael Colin MacVeigh, Dr. Congratulations of the Senate were extended to Mr. and Donald G. Ferguson, John O'Donnell, AI Boss, Mrs. Fl~yd Polito, Mr. and Mrs. Louis Pollock, Mr. and Senior Partners of Mt. Lebanon, Carnegie Volunteer Fire and Mrs. Adolph K. Giger, Mr. and Mrs. Joseph Gizienski, Mr. Rescue Bureau and to the Board of Managers of Soldiers and and Mrs. Richard G. Snyder, Mr. and Mrs. Henry Ciesielski, Sailors Memorial Hall of Allegheny County by Senator Mr. and Mrs. Frank Zebracki, Mr. and Mrs. August Sidney Fisher. Savage, Mr. and Mrs. Kenneth Freshwater, Mr. and Mrs. Congratulations of the Senate were extended to Leo R. John F. Krupa, Mr. and Mrs. Charles H. Spiering, Mr. and McDonough by Senator Fisher and others. Mrs. Alex Guadagno, Mr. and Mrs. Edward Mialky, Mr. and Congratulations of the Senate were extended to Mr. and Mrs. Nicholas Kochick, Mr. and Mrs. Lloyd Cravener, Mr. Mrs. Frank Felici, Stella Cole, Nicoletta Cauti, Joseph D. and Mrs. Emil Collodi, Mr. and Mrs. Frank Chelko, Mr. and Dansette, Jr., Dr. Constance E. Clayton, Aqueelah Richard, Mrs. Wilbert Woods, Mr. and Mrs. OrieL. Hetrick, Mr. and Dr. Marilyn H. Appel, Rebecca Washington, Edward C. Mrs. John Gray, Mr. and Mrs. Henry Ziemkiewicz, Mr. and Keenan, Robert Craig, Philadelphia Commission on Human Mrs. Louis A. Stamerra, Mr. and Mrs. Carl Kepple, Mr. and Relations and to Saint John Cantius Church of Philadelphia Mrs. Cy Koval, Mr. and Mrs. Alfred Belli, Mr. and Mrs. by Senator Furno. Clarence O'Friel, Mr. and Mrs. Robert W. Timblin, Mr. and Congratulations of the Senate were extended to Anthony Mrs. John Cichocki, Mr. and Mrs. AI Guida, Mr. and Mrs. Raffaele by Senators Furno and Loeper. George Wagner, Mr. and Mrs. Alvin B. Cummings, Mr. and Mrs. Robert Hopkins, Mr. and Mrs. Walter Pavlak, Mr. and 2520 LEGISLATIVE JOURNAL-SENATE JULY 1,

Mrs. James D. Smith, Mr. and Mrs. Ronald Montgomery, Mrs. Allen Charles, Mr. and Mrs. Richard Meiser, Mr. and Mr. and Mrs. William Mann, Mr. and Mrs. Joseph F. Loebig, Mrs. Michael Malencore, Mr. and Mrs. R. Dan Gill, Mr. and Mr. and Mrs. Pete DeMao, Mr. and Mrs. Robert Henry, Mr. Mrs. Ned Yocum, Mr. and Mrs. Joseph F. Shuman, Mr. and and Mrs. James Dawson, Sr., Mr. and Mrs. John Bone, Mr. Mrs. Lee Jarrard, Mr. and Mrs. Lester C. Ash, Mr. and Mrs. and Mrs. Regis Vogel, Lloyd D. Hayden, Sr., James Bittner, Bruce M. Bittner, Mr. and Mrs. Charles Oshetski, Mr. and William C. Kirk, Greg Foreman, Jr., Ruth J. Stirling, Mrs. Lester Moyer, Mr. and Mrs. Ernest Lenig, Mr. and Mrs. Cynthia Holden, Janet M. Potter, Dr. Robert D. Arbuckle, Homer L. Rile, Mr. and Mrs. Ronald Dietterick, Mr. and Michael J. Dvorznak, Walter J. Brannon, John W. Ewart II, Mrs. LaRue E. Smith, Mr. and Mrs. Benjamin Moyer, Mr. Matthew Scott McClintock, John A. Urben, Annie Helen and Mrs. Paul Frye, Mr. and Mrs. C. Edward Wiand, Mr. Stamford, Frank Starr, Howard Borland, Rick Pujol, Ed and Mrs. Leo Ringes, Mr. and Mrs. Paul E. Sterner, Mr. and Saliba, Jr., Joseph Williams, Bruce Crivaro, William V. Day, Mrs. Gregory Kline, Mr., and Mrs. Sylvester Schicatano, Mr. Norbert L. Micklos, William Cani, William C. Schafer, Jr., and Mrs. Stanley Marr, Mr. and Mrs. Floyd Koch, Mr. and Clifford H. Sharer, Sue Duchene, Edward H. Shay, Dennis Mrs. Percy Bingaman, Mr. and Mrs. Robert Zuch, Mr. and Vrotney, Max Levish, Western Pennsylvania Society of Hos­ Mrs. John W. Martin, Mr. and Mrs. Calvin M. Witmer, Mr. pital Pharmacists of Pittsburgh, Suburban General Hospital and Mrs. Lester B. Leech, Mr. and Mrs. William C. Masker, Pharmacy of Pittsburgh, Allegheny Valley Hospital Phar­ Mr. and Mrs. Albert Long, Eric Brosius, Marty Adams, macy of Natrona Heights, Sewickley Valley Hospital Phar­ Richard F. Little, Dennis F. Ziegenfuss, Catherine macy of Sewickley, Citizen's General Hospital Pharmacy of Fenstermacher, Jennie Lessman, Mary Heintzelman, New Kensington, North Hills Passavant Hospital Pharmacy Josephine Herrold, Sadie Thomas, Evelyn Snyder, Catherine of Pittsburgh, Caremark Nursing Home Pharmacy of Mars, Nardi, Mildred Good, Laura Loss, Sara Gardner, Jonathan sixth, seventh and eighth grades ofCarson Middle School of Aaron MacDougall, Honorable Ted Stuban, Robert 0. Pittsburgh, North Allegheny Girls Golf Team and to the Soper, Clara Bickhart, W. Sherman Doebler, Donald L. Leechburg Area High School Girls Softball Team by Senator Edwards, Chief Lewis R. Lee, Herman C. Delsite, Ruth Hart. Billeg, Georgie Brown, Jr., Etheletta Charles, Lena Zell Congratulations of the Senate were extended to Eric Long, Kristie tVI. Batdorf, Ellen L. Batdorf, Matthew J. Cianelli by Senators Hart and Pecora. Hashuga, Dr. C. Perry Cleaver, Justin Taylor, Zeke Jones, Congratulations of the Senate were extended to Mr. and Laura Hill, Dixon L. Cuff, Timothy L. Hirneisen, William I. Mrs. Alfred Hittle, Mr. and Mrs. Harold L. Gelbaugh, Mr. Gensemer, Michael Dangelo, Shorr Robbins, Jared T. Stehr, and Mrs. Paul Nye, Mr. and Mrs. Dennis Kuster, Mr. and Kevin S. Kennedy, Holy Cross Roman Catholic Church of Mrs. John H. Ditty, Mr. and Mrs. Robert W. Eyster, Mr. and Mount Carmel, Mount Carmel Area Junior-Senior High Mrs. Marlin Ranck, Reverend and Mrs. Jason Hollopeter, School, First United Church of Christ of Berwick, Saint Mr. and Mrs. Joseph J. Poplaskie, Mr. and Mrs. Jacob M. Mary's of the Assumption Church of Shamokin, Stillwater Janney, Mr. and Mrs. Derl Baynham, Mr. and Mrs. Dominic Christian Church and to Saint John the Baptist Church of Yurichich, Mr. and Mrs. William Grassley, Mr. and Mrs. Mount Carmel by Senator Helfrick. Leroy W. Levan, Mr. and Mrs. William Sabo, Mr. and Mrs. Congratulations of the Senate were extended to Mr. and Joseph Moran, Mr. and Mrs. Ted E. Robbins, Mr. and Mrs. Mrs. Carl E. Taylor, Mr. and Mrs. John Rockafellow, Mr. Harry L. Elliot, Mr. and Mrs. Frank A. Radziewicz, Mr. and and Mrs. Enos Godshall, Richard D. Longcoy, Tom Mrs. Carl L. Kadtke, Mr. and Mrs. Joseph Derr, Mr. and Kleppinger, James E. Oesterreicher, Edward R. Solvibile, Mrs. Richard Wagner, Mr. and Mrs. Merlyn Hoffman, Mr. Brian S. Batzel, Stephen Wesley Williams, Ruby B. Pannoni, and Mrs. Edward D. Yoder, Mr. and Mrs. William A. Sean Pope, Albert L. Smith, Robert F. Olszewski, Jr., Chief Livziey, Mr. and Mrs. Paul F. Weatherill, Mr. and Mrs. John William E. Herr, Dr. Thomas E. Persing, Tommy LaSorda, F. McCloskey, Mr. and Mrs. William Hoffman, Mr. and Jonathan Lee Conrad, Jeffrey Alan Conrad, Robert Scott Mrs. John Woytowich, Mr. and Mrs. Victor Bianchi, Mr. and Martire, William D. Clark, Jonathan Sands, Mark Jason Mrs. John Palovick, Mr. and Mrs. Robert W. Duncheskie, Taylor, Colmar Fire Company, Worcester Volunteer Fire Mr. and Mrs. Quentin Belford, Mr. and Mrs. Kimber Albert Company, Hill School of Pottstown, Pottstown Symphony Krick, Mr. and Mrs. Jerome Fertig, Mr. and Mrs. John Attig, Orchestra and to Camp Resica Falls by Senator Roll. Mr. and Mrs. Marlin Ritter, Mr. and Mrs. John Shaffer, Mr. Congratulations of the Senate were extended to Honorable and Mrs. Aaron Whyne, Mr. and Mrs. Milford Smith, Mr. Lawrence Coughlin by Senaors Roll, Tilghman and Green­ and Mrs. Chester Carl, Mr. and Mrs. Walter W. Everett, Mr. leaf. and Mrs. Leo Wegrzynowicz, Mr. and Mrs. Harold Wilson, Congratulations of the Senate were extended to Reverend Mr. and Mrs. John J. Ryniak, Sr., Mr. and Mrs. Thomas J. and Mrs. Clyde Way, Right Reverend and Mrs. Dean T. Miller, Mr. and Mrs. Miles Van Horn, Mr. and Mrs. George Stevenson, Samantha L. Shears, Keith A. Graham, Jeffrey Pollyniak, Mr. and Mrs. Ralph Feese, Mr. and Mrs. William Huff, Commander Chester A. Zeller, Helen Stevens and to E. Lutz, Mr. and Mrs. Claude W. Zehner, Mr. and Mrs. Elmer R. Landis by Senator Hopper. James Magennis, Mr. and Mrs. James Fetterman, Mr. and Congratulations of the Senate were extended to Reverend Mrs. Robert Sharrow, Mr. and Mrs. Paul G. Laytar, Mr. and Olivia S. Henry, Wilhelminia Butler Gaskins, Ronald Avon 1992 LEGISLATIVE JOURNAL-SENATE 2521

White, Daniel L. Woodall, Jr., Nicole Kristina McPherson, Francis Moger, Mr. and Mrs. John J. Duris, Mr. and Mrs. Reverend Lawrence C. Hood, Deliverance Evangelistic Willard Hobbs, Mr. and Mrs. Joseph Gardas, Mr. and Mrs. Church of Philadelphia, KIDS 4 Kids of Philadelphia and to Carl Warner, Mr. and Mrs. Peter Shishlo, Mr. and Mrs. Emil the Harriet Tubman Historical Society of Wilmington, P. Loch, Mr. and Mrs. Wayne Luce, Mr. and Mrs. Lee Delaware by Senator Jones. Wilbur, Sr., Mr. and Mrs. Lewis Cavalier, Sue Kline Kluger, Congratulations of the Senate were extended to Mr. and Harry C. Koshinski, Charles W. Casey, Ronald P. Stavetski, Mrs. Taylor D. Claar, Mr. and Mrs. Ralph Berkstresser, Mr. Richard L. Rutledge, George C. Ambruch, Theodore J. and Mrs. Joseph Caputo, Mr. and Mrs. John B. Campbell, Stawinsky, Robert P. Frisco, Carrie Lester, Matthew R. Mr. and Mrs. Walter F. Coho, Mr. and Mrs. Charles W. Cramer, Christopher Thomas Finan, Anne Holmes, Stephen Fisher, Mr. and Mrs. Harold Hall, Mr. and Mrs. W. F. T. Groover, Jr., Reverend L. Thomas Moore, Edward Atwell Holland, Mr. and Mrs. William K. E. Kauffman, Mr. and III, Letitia Morse Lladoc, Margaret R. Spencer, Rob Craig, Mrs. John Dishong, Mr. and Mrs. Robert Lightner, Mr. and Mary R. Davis, Robert W. Baird, Sr., Joseph Patrick Mrs. Richard Louis Lohr, Mr. and Mrs. Palmer Loose, Mr. Nekrasz, Crystal Lynn Schweighofer, Pennsylvania State and Mrs. Lawrence V. McDermott, Mr. and Mrs. Earl E. Association of County Auditors, Montrose United Methodist Mock, Mr. and Mrs. Donald T. Parks, Mr. and Mrs. John Church, District 16 Big League Girls Softball All Star Team Siegrist, Mr. and Mrs. Michael Speck, Mr. and Mrs. Robert of Hunlock Creek, Greene-Dreher-Sterling Fair of New­ T. Worthy, Sr., Mr. and Mrs. Richard A. Yohn, Mr. and foundland, Kingston Lodge No. 395, Free and Accepted Mrs. Robert Herman, Mr. and Mrs. Vaughn Hixson, Mr. and Masons of Pennsylvania, LaAnna United Methodist Church Mrs. Earl McDaid, Mr. and Mrs. Kenneth Runk, Mr. and of Greentown, Marymount School of Wilkes-Barre, Whites Mrs. David Rorer, Mr. and Mrs. Fred A. Allison, Mr. and Valley United Methodist Church of Pleasant Mount, Forest Mrs. John H. Bassler, Mr. and Mrs. Franklin J. Brior, Mr. Lake Baptist Church of Montrose, Harford Fair, and Mrs. Charles Robert Butler, Jr., Mr. and Mrs. RalphS. Susquehanna County Volunteer Literacy Council, Incorpo­ Housley, Sr., Mr. and Mrs. William C. Lynskey, Mr. and rated of Montrose, Saint Agnes Parish of Forest City, Mrs. J. Kenneth Ling, Mr. and Mrs. Thomas J. Jackson, Mr. Lackawanna-Susquehanna-Wayne Mental Health/Mental and Mrs. W. Dale Hoover, Mr. and Mrs. Fred A. Spancake, Retardation Program, Wyoming County Cooperative Exten­ Mr. and Mrs. George M. Gibson, Mr. and Mrs. John Stoltz, sion and to the Wayne County Fair by Senator Lemmond. Mr. and Mrs. William Wheeler, Mr. and Mrs. Robert E. Will­ Congratulations of the Senate were extended to Charles T. iams, Mr. and Mrs. Charles Stiffler, Mr. and Mrs. Jack D. Adams, Congregation Ohav Zedek of Wilkes-Barre and to the Spencer, Reverend and Mrs. Paul O'Brien, Mr. and Mrs. Ethics Institute of Northeastern Pennsylvania of Dallas by Glen Franklin Smith, Mr. and Mrs. Samuel R. Quay, Sr., Mr. Senators Lemmond and Musto. and Mrs. Glenn Rabenstein, Mr. and Mrs. Donald Goss, Mr. Congratulations of the Senate were extended to Renee and Mrs. David C. Kester, Mr. and Mrs. James 0. Griffin, Kitchenman, James F. Galloway and to Josh Devore by Honorable Samuel E. Hayes, Jr., Richard W. Potter, Senator Lewis. Altoona Sons of Italy Lodges, Blair Lodge No. 958 and Congratulations of the Senate were extended to the Tri­ Altoona City Lodge No. 1415 and to the Foor Family by Hampton Rescue Squad of Feasterville by Senators Lewis and Senator Jubelirer. Greenwood. Congratulations of the Senate were extended to Frank Poli­ Congratulations of the Senate were extended to Bishop and caro, Carlene Carter, Pauline Lesinski Greenier, Judy Mrs. Charles Krause, Mr. and Mrs. Paul W. Lutz, Jeffrey N. DePaolis, Joyce Hoyman, Jerry Adkins and to Isabella Deems, Robert Clayton Brant, Kevin Joseph Gaudlip, Paul Henrietta Bragg by Senator LaValle. Jarabe~k, Thomas E. Pepon, Steve Zdancewic, William J. Congratulations of the Senate were extended to Mr. and Feuchtenberger, Ralph Zimmerman Bowers, Norma J. Ryan, Mrs. Homer C. Matchett by Senators LaValle and Stout. Shane S. Schwirian, Brother Michael Phillips, Toylie Zola Congratulations of the Senate were extended to Mr. and Shaffer and to Sacred Heart Church of Dawson by Senator Mrs. Robert W. Baird, Mr. and Mrs. J. Donald Munson, Mr. Lincoln. and Mrs. Clifford Bryn, Mr. and Mrs. Clair E. Manhart, Mr. Congratulations of the Senate were extended to Mr. and and Mrs. Edwin Miller, Mr. and Mrs. Philip A. Jurchak, Mr. Mrs. Lawrence McDaniel, Mr. and Mrs. Carl H. Wright, and Mrs. John Steckman, Mr. and Mrs. Sheldon Kocher, Mr. Luigi Pompilii, Kevin Reilley, Joseph R. De Stefano, Mr. and and Mrs. John Szalkowski, Mr. and Mrs. Ferdinand Caccia, Mrs. Charles L. Coffman, Mr. and Mrs. Frederick B. Davis, Mr. and Mrs. Wilbur J. Carlson, Mr. and Mrs. John W. Jr., Mary Ellen Clark, Leroy Burrell, J. David Grube, Schalles, Mr. and Mrs. Fay Hopkins, Mr. and Mrs. Reinhard Emeline Baldassarre, Jean Killian, Dr. J. Wesley Tomlinson, Wagner, Mr. and Mrs. Benjamin Kasper, Dr. and Mrs. Sr. and to Hellenic News of America of Havertown by Robert H. Peters, Jr., Mr. and Mrs. Joseph Simonovich, Mr. Senator Loeper. and Mrs. Louis J. Orehek, Mr. and Mrs. Lawrence Butz, Mr. Congratulations of the Senate were extended to Representa­ and Mrs. Bruce Arrowood, Mr. and Mrs. Paul Schouppe, Sr., tive and Mrs. William Rieger, Catherine Kuch and to Mr. and Mrs. George Cameron, Mr. and Mrs. Howard L. Margaret Kozar-Pandrock by Senator Lynch. Piatt, Sr., Mr. and Mrs. Frank Artmont, Mr. and Mrs. 2522 LEGISLATIVE JOURNAL-SENATE JULY 1,

Congratulations of the Senate were extended to Mr. and LaLonde, John V. Price, Michael Walsh, Dr. John M. Mrs. Lee Simons, Mr. and Mrs. Robert Davis, Mr. and Mrs. Thomas, Thomas Mitchell, Joseph Haner, Chamberlain's Ellis W. Hall, Mr. and Mrs. Emery Alexander, Mr. and Mrs. Student Transportation Service of Mansfield, Sullivan ,Donald Lantz, Mr. and Mrs. Steven Bieber, Mr. and Mrs. Terrace of Dushore, Soldiers and Sailors Memorial Hospital Paul E. Greenway, Mr. and Mrs. Kenneth R. Brink, Mr. and of Wellsboro and to Hughesville Volunteer Fire Department Mrs. Harry M. Collins, Mr. and Mrs. Fred E. Pfeiffer, Mr. by Senator Madigan. and Mrs. Clifford Wakely, Mr. and Mrs. Karl 0. Stuempfle, Congratulations of the Senate were extended to Mr. and Mr. and Mrs. R. Ned Fox, Mr. and Mrs. Fred Burnett, Mr. Mrs. Michael Augustinsky, Mr. and Mrs. Leno Alunni, Chad and Mrs. Michael Elchak, Mr. and Mrs. Arthur Chamberlain, Kumpas, John B. Fanucci, Jodi Regitz, Frank Pazzaglia, Mr. and Mrs. Floyd Walborn, Mr. and Mrs. Paul Young, Mr. Anthony T. Naro, Michael P. Wademan, Donald J. James, and Mrs. Robert Crowley, Mr. and Mrs. Elmer E. Obi, Mr. Joseph J. Cicippio, Lisa Andrus, Jessica Bixler, Nicole Ruch, and Mrs. Walter Tyndall, Mr. and Mrs. Donald T. Hepler, Joseph Demich, Todd Telips)d, Joseph Iannuzzo, Louis E. Mr. and Mrs. J. Kenneth Best, Mr. and Mrs. Monroe W. Mayer, Michael Brozzetti, Trooper Gerald S. Gaetano, Beltz, Mr. and Mrs. John H. H. Parke, Mr. and Mrs. Trooper Francis E. Zanin, Visitation of the Blessed Virgin Clarence Wentz, Mr. and Mrs. Alfred L. Vollman, Mr. and Mary Parish of Dickson City, Moses Taylor Hospital of Mrs. William H. Lidell, Mr. and Mrs. Walter K. Metzger, Scranton, Allied Services of Scranton, Elm Park United Mr. and Mrs. Luther M. Cummings, Mr. and Mrs. Emery Methodist Church of Scranton and to Old Forge High School Alexander, Mr. and Mrs. Paul Moon, Mr. and Mrs. Robert Varsity Baseball Team by Senator Mellow. Wright, Mr. and Mrs. Curtis E. Spalding, Mr. and Mrs. Congratulations of the Senate were extended to Samuel J. Francis Lindley, Mr. and Mrs. LaRue E. Bush, Sr., Mr. and Bianco by Senators Mellow and Musto. Mrs. Rowland W. Potter, Mr. and Mrs. George B. Winters, Congratulations of the Senate were extended to Mr. and Sr., Mr. and Mrs. William Barnes Pfeiffer, Mr. and Mrs. Mrs. Sam Casciani, Mr. and Mrs. Ammon A. Webster, Joseph Derr, Mr. and Mrs. Jack J. McKibben, Mr. and Mrs. William J. Deaton, Gary L. Wiebel, Jr., Eric Krieger, James Joseph E. McGonnell, Mr. and Mrs. Bernard Levinson, Mr. Delaney, Sr., Keith Bolish, Joseph R. Bisulca, Thomas A. and Mrs. Elwood Burkhart, Mr. and Mrs. Robert L. House­ Vacula, Eugene T. Zawatski, Richard D. Lupinski, Andrew knecht, Mr. and Mrs. Carl Manley, Mr. and Mrs. Maxwell Kapral, Stanley Jezewski, George Hetherington, Nicholas J. Strange, Mr. and Mrs. Charlie Boyden, Mr. and Mrs. Henry Gushka, Charles T. Draus, Scott Lauffer, Martin Connors, Andrus, Mr. and Mrs. Davis VanDyke, Mr. and Mrs. Lisle Peter J. Orlando, Senator Robert J. Mellow, Frederick A. Smith, Mr. and Mrs. Fred K. Betts, Mr. and Mrs. Daniel Casaia, Holy Resurrection Orthodox Cathedral of Wilkes­ Aquilio, Mr. and Mrs. Donald E. Williams, Mr. and Mrs. Barre, Dr. Roman Ney and Polish Academy of Sciences, Ralph Tewksbury, Mr. and Mrs. Stephen M. Odell, Mr. and Frumkin Brothers Clothing Store of Hazleton and to the Mrs. Elmer H. Akerley, Mr. and Mrs. Sheridan J. Frelin, Sr., Korean War Veterans Association of the Wyoming Valley by Mr. and Mrs. Clifford Horton, Mr. and Mrs. Earl Huff, Mr. Senator Musto. and Mrs. Albert R. DiMassimo, Sr., Mr. and Mrs. Jack E. Congratulations of the Senate were extended to the Getgen, Mr. and Mrs. Clifford R. Schrader, Mr. and Mrs. Wyoming Valley Chaper of the American Red Cross of Eldon Cole, Mr. and Mrs. Wilburn E. Porter, Mr. and Mrs. Wilkes-Barre by Senators Musto and Lemmond. Raymond Smithgall, Mr. and Mrs. Roy Landon, Mr. and Congratulations of the Senate were extended to the citizens Mrs. Roy E. Springman, Mr. and Mrs. Robert Carey, Mr. of the Borough of Dupont by Senators Musto and Mellow. and Mrs. Ashley Wood, Mr. and Mrs. Stuart Freeman, Mr. Congratulations of the Senate were extended to Dr. Leon ap.d Mrs. James May, Mr. and Mrs. David Dannelley, Sr., T. Zientek, Robert L. Reber, Victor Lodge of the Prince Hall Mr. and Mrs. William Kimball, Suzanne Jackson, Jack Masons, Board of Judges of the 23rd Judicial District of Baker, Steven Dean Benjamin, Brice Martin, Renee G. Kent, Pennsylvania and to Kutztown Area Historical Society by Carrie L. Smith, Robert Weldy, Carl H. Sump, Emily Biichle, Senator O'Pake. Christopher Walsh, Miller Moyer, Lance R. Lyons, Javoss Congratulations of the Senate were extended to Mr. and McGuire, Jane Myers, Rena Barrows, Jay·F. Livziey, Alton Mrs. Herbert Green, Mr. and Mrs. AI Cestra, Larry D. Shaw, Homan, Mildred A. Boston, Alviretta Deewall, John Stevens, Bob Hester, Jim Rumbaugh, Eric Cianelli, Thomas Dixon, Mike Foster, Joseph Gallagher, Jr., Kelly Jo Gallagher, Columbus 500 Committee of Carnegie and to the Society of William VanSlyke, Joseph G. Perechinsky, Karen Lauver, Decorative Painters by Senator Pecora. Mary Kay Hawn, Alyson Dalia, Ethel Clark, Christopher Congratulations of the Senate were extended to Mr. and Walsh, Scott Walsh, Jeff Michael Thayer, Mike Niemiec, Mrs. Emerson H. Reichard, Mr. and Mrs. George M. John Ford McGee, Chris Fleeger, Michelle Deming, Russell Ainsworth, Mr. and Mrs. Charles Thomas II, Vickie Harry, VanNoy, James Merritt, Sr., Lee Allen Schreiber, Honorable Joyce Beck, William Good, Jr., Sandell E. Sturdevant, Edgar A. Carlson, William H. Ringler, John Dean Lewis, Richard R. Coleman, Paul Edward Steffee, Michael Benedict, Elaine Forkan, Benjamin Allen Lorson, Laura Rhodes, Kevin Charles Thomas II, Mabel W. Harlan, Eric Michael Bennett, Palmer, Eric Shaner, John Burke, Clair Martin O'Connor, Ferd Gunzberger and to Saint Catherine's Church of DuBois Travis Blow, Mary Beth Calaman, Solomon D. House, Tessa by Senator Peterson. 1992 LEGISLATIVE JOURNAL-SENATE 2523

Congratulations of the Senate were extended to Mr. and Sponsler, Michael F. Yanavich, David L. Kimmel, Reverend Mrs. Thomas A. Richards, Mr. and Mrs. Charles Eicher, Mr. Monsignor Aloysius R. Callaghan, Roger Hubert Riley, Jr., and Mrs. Angelo Fontanazza, Mr. and Mrs. George H. Edward W. Wallace, Benjamin Garrett Diacsuk, Jason E. Richards, Mr. and Mrs. Harry Faroux, Sr., Mr. and Mrs. Schach, Nicole Evelyn Foose, Anna Forte, Barbara G. Samet, Albert C. Lomicka, Mr. and Mrs. Michael Scudero, Mr. and Dr. Rose Mattioli, Dr. Joseph Mattioli, Dr. Joseph B. Mrs. Joseph F. Kubicek, Mr. and Mrs. Ralph C. Jaynes, Mr. Conahan, Jr., Susan T. LaRose, Officer Leo K. Reed, United and Mrs. Joseph Meholic, Mr. and Mrs. James A. Elias, Mr. Cerebral Palsy and Habilitation, Incorporated of Pottsville, and Mrs. Robert Zaval, Mr. and Mrs. William Zeilinger, Mr. Saint Mary of the Assumption Roman Catholic Church of and Mrs. Rocco Rossi, Mr. and Mrs. Louis B. Chishko, Sr., Coaldale, Annunciation Blessed Virgin Mary Church of Mr. and Mrs. Edward L. Stull, Mr. and Mrs. Raymond R. Frackville, United Mine Workers of America and the United Solomon, Mr. and Mrs. David J. Cole, Mr. and Mrs. William Labor Council AFL-CIO, Yorkville Hose and Fire Company Dickie, Mr. and Mrs. Samuel DePasquale, Mr. and Mrs. of Pottsville, West End Fire Company, Incorporated of Harry T. Bee, Mr. and Mrs. Harry Rohrbacher, Mr. and Mrs. Brodheadsville and to Schuylkill Haven Church of the Harry G. Kramer, Mr. and Mrs. Edward R. Paradise, Mr. Nazarene by Senator Rhoades. and Mrs. Robert Chapman, Mr. and Mrs. William J. Congratulations of the Senate were extended to Albert J. Fleming, Mr. and Mrs. C. Glenn Dixon, Mr. and Mrs. Davis by Senators Rhoades and Helfrick. William Kie Myers, Mr. and Mrs. Robert G. Shirey, Mr. and Congratulations of the Senate were extended to Mr. and Mrs. Peter Pat Ritzo, Mr. and Mrs. Guy A. Q]Jatse, Jr., Mr. Mrs. Earl Vincent Thompson, Virginia and Floyd Bortz, and Mrs. Frank W. Kuhns, Mr. and Mrs. Chester Truxal, Mr. Darren S. Mealy, Beth Anne Hunter, Rodney Eric White, and Mrs. Thomas Nalepa, Mr. and Mrs. Paul C. Mains, Anthony J. Miller, Vicki Lynn Brown, William James Mit­ Gretchen Bucholtz, Kevin J. Moore, Neil A. Popovich, Frank cheltree, Leslie E. Spalding, Grace Emily Crowe, Norman A. J. DeLose, Herb Harris, Jeremy E. Briell, Noelle Mamone, Sundstrom, Greenville-Reynolds Junior Division All-Star Chuck Raabe, Dan Murray, Bill Hough, Paul Williams, Lieu­ Team, Custaloga Town Scout Reservation of Carlton, tenant Dan Ruggerio, Jason Williams, James Stickle, Jean Greater Morris Chapel African Methodist Episcopal Church Carnack, Carol Brown, Karen De Angelis, Andy Bober, Mary of Farrell, Jacob Daniel Drahuschak and to the citizens of the Ann Sheleheda, Rosemary Kirr, Linda Dobies, Helen Borough of Townville by Senator Robbins. Bradley, Richard Michael Picio, Martha Mickley, Linda Congratulations of the Senate were extended to WQLN Showman, Beth Werner, Linda Gioia, Jack Bache, Frank Public Broadcasting of Erie by Senators Robbins, Peterson Dlugonski, Gordon Mickley, Diana Dixon, Paul A. George, and Andrezeski. David Inselmini, Donald Harris, Jim Marcius, Jules Congratulations of the Senate were extended to Mr. and Shubuck, Dr. Arthur H. King, II, John F. Mesich, Jeanne Mrs. Charles McGinley, Mr. and Mrs. Chester Kaminski, Griffith, Tara Adams, Derry Area High School and Derry Mary Morganstern, Jeffrey M. Mlynarski, Elsa Barononski, Area Middle School, Westmoreland Unit of the American Regina Sullivan, Gertrude Ludwig, Rhoda Gieger, Paul Cancer Society of Greensburg, Latrobe American Legion Bowen, Irene Stott, Carrie McCaulley, Ethel Eberhardt, Baseball Team, 1992 Franklin Regional High School Steven Smith, Mildred Sollenberger, James J. Binns, Duke Envirothon Team, Westmoreland Hospital of Greensburg Naphys, Edward C. Keenan, Sol Flaxman, Gabriel L. and to the Frontier Club of Latrobe by Senator Porterfield. Bevilacqua, Sergeant Richard Wiley, I. Joel Harvitz, Leonard Congratulations of the Senate were extended to Kory D. S. Kaltz, The New World Association of Philadelphia, Boy Haag and to Oliver Grange No. 1069 of Newport by Senator Scouts of America Troop 394 of Philadelphia, Greater North­ Punt. east Chamber of Commerce of Philadelphia, Holmesburg Congratulations of the Senate were extended to Mr. and United Methodist Church of Philadelphia and to the 12th Mrs. Bowman Bruch, Mr. and Mrs. Fred Sysko, Mr. and Armored Division Association by Senator Salvatore. Mrs. Roy Klein, Mr. and Mrs. Ernest N. Rau, Mr. and Mrs. Congratulations of the Senate were extended to John L. Zillio Ciccarelli, Mr. and Mrs. Vincent Buragino, Mr. and Maglio by Senator Salvatore and others. Mrs. Miles Smith, Helen Kleinhans Miller, Scott A. Hill, Congratulations of the Senate were extended to Brian J. Farina, Wade E. Hahn, Brigadier Ruth Baker, Noblestown United Presbyterian Church by Senator Scanlon. Christopher George, Max Heitman, Joseph Reichel, Deborah Congratulations of the Senate were extended to Martha M. Cachia, Jack Burke, James E. Daley, Edmund F. Martin, Ser­ Jablow, Catherine Kuch, Kathryn Kolbert, Saint Paul's geant Gregory W. Paglianite, David Nelson Blair, Matthew J. Episcopal Church of Elkins Park, Congregation Mikveh Clymer, Peter A. Weisman, Ronald A. Yeakel and to the Blue Israel of Philadelphia, Parents Union for Public Schools of Valley Rescue Squad of Roseto by Senator Reibman. Philadelphia and to the American Jewish Congress of Phila­ Congratulations of the Senate were extended to Mr. and delphia by Senator Schwartz. Mrs. John J. Malasavage, Mr. and Mrs. Carl Johnson, Mr. Congratulations of the Senate were extended to Mr. and and Mrs. Carl Kegel, Mr. and Mrs. William J. Curtier, Theo­ Mrs. Richard R. Stewart, Mr. and Mrs. James W. Freehling, dore Skoraszewski, Jr., Leo Recla, Iona Dettmer Hankee, Mr. and Mrs. Donald E. Logan, Mr. and Mrs. Harry Michael Pleszkoch, Michael T. Boyer, Anita Nail, Wade H. Hollack, Mr. and Mrs. Russell Mahan, Mr. and Mrs. Bert 2524 LEGISLATIVE JOURNAL-SENATE JULY 1,

Litschge, Mr. and Mrs. Joseph Blain Shanor, Mr. and Mrs. Congratulations of the Senate were extended to Mr. and Leslie B. Johnson, Mr. and Mrs. Donald W. Ace, Mr. and Mrs. Joseph J. Maloney, Mr. and Mrs. Charles A. Wilson, Mrs. Francis Prichard, Mr. and Mrs. James A. Scheffer, Mr. Mr. and Mrs. George W. Coy, Mr. and Mrs. Richard Swartz, and Mrs. Angelo Nocera, Mr. and Mrs. Sam DiGiammarino, Mr. and Mrs. Ira J. Martin, Mr. and Mrs. John Hartzell, Mr. Mr. and Mrs. Joseph Raducz, Mr. and Mrs. Ralph V. Collins, and Mrs. Charles Thomas, Mr. and Mrs. Lawrence Wilhelm, Dr. and Mrs. Ralph M. Wymer, Mr. and Mrs. Joseph G. Mr. and Mrs. Henry Ciesielski, Mr. and Mrs. Wilbert Woods, Jackson, Mr. and Mrs. Loy A. Youkers, Mr. and Mrs. Mr. and Mrs. George W. Bailey, Mr. and Mrs. Junior L. Emelio Noto, Mr. and Mrs. Lawrence Cumberland, Mr. and Bowser, Mr. and Mrs. Chester Rudy, Mr. and Mrs. James A. Mrs. Greer McClain, Mr. and Mrs. Robert 0. Burkhardt, Klingensmith, Mr. and Mrs. Dean Grinder, Mr. and Mrs. Eric Namesnik, Andrew Yaracs, Jr., Michael Sherman, Victor Valco, Elmer A. Snyder and C. H. Snyder, Jr., Mr. Jeremy M. Donovan, Brian Crissman, LTC Malcolm G. and Mrs. Raymond A. Striker, Mr. and Mrs. John Cichocki, Weaver, Saint Paul Baptist Church of New Castle and to Mr. and Mrs. Robert W. Timblin, Mr. and Mrs. Willard Saint Mary of the Assumption Church of Herman by Senator Reedy, Mr. and Mrs. Perry C. Muir, Mr. and Mrs. Lysle Shaffer. Pierce, Mr. and Mrs. James Barkey, Mr. and Mrs. Robert Congratulations of the Senate were extended to Mr. and Zukas, Mr. and Mrs. Carl Kepple, Mr. and Mrs. Bill Mrs. Carl D. Zimmerman, Sr., Mr. and Mrs. John E. Nagy, Costanzo, Mr. and Mrs. Charles J. Brust, Mr. and Mrs. Mr. and Mrs. Charles F. Calnon, Mr. and Mrs. Harold E. Joseph Kusmierek, Mr. and Mrs. Robert D. Perry, Mr. and Reddinger, Mr. and Mrs. Richard Brown, Mr. and Mrs. Mrs. Robert George, Mr. and Mrs. Max Shearer, Mr. and Ralph H. Waltz, Jr., Mr. and Mrs. Joseph S. McCord, Mr. Mrs. Elvin E. Cochran, Mr. and Mrs. W. Ernest Goss, Mr. and Mrs. William R. Pipp, Mr. and Mrs. Benjamin Stehman, and Mrs. Raymond Benninger, Mr. and Mrs. Avery Jewart, Mr. and Mrs. William McQuilkin, Mr. and Mrs. Samuel H. Mr. and Mrs. John Bone, Mr. and Mrs. Fred Runco, Mr. and Treon, Honorable and Mrs. William W. Lipsitt, Mr. and Mrs. Robert Henry, Mr. and Mrs. Ronald Montgomery, Mr. Mrs. Leroy Bittinger, Mr. and Mrs. William Calhoon, Mr. and Mrs. Nelson Shellhammer, Mr. and Mrs. Walter Pavlak, and Mrs. Gerald L. Wells, Mr. and Mrs. William F. Garver, Mr. and Mrs. Joseph W. Wyant, Mr. and Mrs. Lester Mr. and Mrs. Ray M. Schaffner, Mr. and Mrs. Harold Shaffer, Mr. and Mrs. Earl E. Scott, Mr. and Mrs. Robert Reddinger, Mr. and Mrs. K. Dean Shoop, Mr. and Mrs. Holt, Mr. and Mrs. John A. Voyten, Mr. and Mrs. Joe Frick, Robert C. Stewart, Mr. and Mrs. James E. Winters, Mr. and Mr. and Mrs. Raymond A. Shields, Sr., Mr. and Mrs. Clinton Mrs. Hedley Lint, Mr. and Mrs. Charles R. Sherrick, Mr. and Shaffer, Mr. and Mrs. Albert W. Mack, Curtis M. Farmery, Mrs. Miles Early, Jr., Mr. and Mrs. Michael Neidich, Mr. Connie M. Davis, Russell Davis, Paul E. Longwell, William and Mrs. Harry E. Pass, Mr. and Mrs. Thomas A. Donnelly, J. McMaster, Sr., Eric W. Armstrong, Evelyn Rose O'Keefe, Mr. and Mrs. Frank Tulli, Sr., Reverend Canon and Mrs. Daniel D. Brown, Matthew Nadzadi, Christine English, Joey Howard B. Kishpaugh, Mr. and Mrs. William Sedesse, Sr., E. Myers and to Forks-Zion Evangelical Lutheran Church of Matthew M. Douglas, Jr., Linnie R. Braun, C. Ted Lick, Ray Gilpin Township by Senator Stapleton. E. Thompson, Charles B. Allwein, Evelyn L. Sinner, Ethel J. Congratulations of the Senate were extended to Anthony Bilger, Marjorie R. Rittle, Ethel Dundore, Mary Jane Turner, James Chiado, Naomi Hurd, Joseph J. Kadas, Steve Shaw, Gail R. Siegel, Occie B. Moore, Rabbi David L. Silver, Alta · Blanche Evelyn Shaffer, Trooper Joseph F. Rozum, William Grimes, Reverend William M. Gray, Dennis W. Felty, Frank 0. Cunningham, Priscilla Vargo, Captain Tom Laino, Lieu­ Swetz, Rick R. Redd, William Steinmueller, Donald B. tenant Rick Lattener, Karen Allshouse, Todd A. Shaw, Stabler, Mary L. Curtin, William Meyer, Leaders of the Nycole Boozer, Grace Lutheran Church, citizens of the Puerto Rican Community, Leaders of the Hispanic Commu­ Borough of Benson and to the citizens of the Borough of nity, United States Postal Service, Harrisburg Facility, Penn­ Hollsopple by Senator Stewart. sylvania Travel Council of Harrisburg, Camp Harmony Hall Congratulations of the Senate were extended to Mr. and of Middletown, Eshleman-Pankake-Wolf Post 9639, Veter­ Mrs. Jesse Barrett, Mr. and Mrs. John Moninger, Mr. and ans of Foreign Wars, of Shellsville, Keystone Residence of Mrs. Joseph Zippay, Sr., Mr. and Mrs. Fury A. Issi, Mr. and Harrisburg, Tabernacle Baptist Church of Harrisburg, crew Mrs. Lester Shaw, Mr. and Mrs. George Wiggins, Mr. and of the USS Mount Olympus, AGC 8, Pennsylvania Driving Mrs. Peter Dunkailo, Mr. and Mrs. Francis J. Behrendt, Mr. Under the Influence Association, Epsilon Sigma Omega and Mrs. Eddie Slocum, Mr. and Mrs. Vincent Sonson, Mr. Chapter of Alpha Kappa Alpha Sorority, Incorporated of and Mrs. Richard Bashioum, Mr. and Mrs. Michael Harrisburg, Pennsylvania Board of Probation and Parole of Krupinsky, Mr. and Mrs. Paul Ankrom, Mr. and Mrs. Rocco Harrisburg, citizens of East Hanover Township and to Com­ Boni, Mr. and Mrs. Walter Skiviat, Mr. and Mrs. William munity General Osteopathic Hospital of Harrisburg and Phillips, Mr. and Mrs. John L. Novak, Mr. and Mrs. Richard George R. Strohl by Senator Shumaker. McKita, Mr. and Mrs. Clarence W. Stewart, Mr. and Mrs. Congratulations of the Senate were extended to Leila Mae Tony Luisi, Mr. and Mrs. William B. Mawhinney, Mr. and Watson by Senators Shumaker and Fattah. Mrs. Lloyd W. Gregg, Mr. and Mrs. Charles Walker, Mr. and Congratulations of the Senate were extended to Mr. and Mrs. Michael M. Klovanish, Mr. and Mrs. Robert H. Hallam, Mrs. Floyd W. Wagner by Senators Shumaker and Rhoades. Mr. and Mrs. Louis George, Mr. and Mrs. Warren D. 1992 LEGISLATIVE JOURNAL-SENATE 2525

Zimmerman, Sr., Mr. and Mrs. Charles J. Rubis, Mr. and Condolences of the Senate were extended to the family of Mrs. Robert L. Hazen, Mr. and Mrs. Robert Anderson, Mr. the late James T. McDermott, Jr. by Senator Loeper. and Mrs. Stanley T. Shankovich, Mr. and Mrs. Frank Condolences of the Senate were extended to the family of Mayton, Mr. and Mrs. Harold Braddock, Mr. and Mrs. the late Larry R. DeBlasio by Senator Shaffer. Edward Caumo, Mr. and Mrs. William Gamber, Mr. and Mrs. Jack Lusher, Mr. and Mrs. Albert Mankey, Mr. and POSTHUMOUS CITATIONS Mrs. Walter Stevens, Mr. and Mrs. Arthur Cox, Mr. and Mrs. Walter Wells, Mr. and Mrs. William Main, Mr. and The PRESIDENT laid before the Senate the following cita­ Mrs. John M. Scott, Mr. and Mrs. James 0. Wheeler, Mr. tions, which were read, considered and adopted: and Mrs. Joseph C. Tonecha, Mr. and Mrs. Ralph Q. A posthumous citation honoring the late Thomas R. Kelly Ramsey, Mr. and Mrs. William G. Hamilton, Mr. and Mrs. was extended to Mrs. Aldana Kelly by Senator Musto. Edward Ralston, Mr. and Mrs. Donald E. Sprowls, Mr. and A posthumous citation honoring the late Frances Ellen Mrs. Emil Paci, Mr. and Mrs. Amil S. Hodor, Mr. and Mrs. Watkins Harper was extended to First Unitarian Church of Robert A. Coulter, Mr. and Mrs. Raymond Wiley, Mr. and Philadelphia by Senator Schwartz. Mrs. John Harvey, Mr. and Mrs. John Bromley, Mr. and A posthumous citation honoring the late Sister Grace A. Mrs. Warner L. Piatt, Mr. and Mrs. Tompy Cumberledge, Jones was extended to Ken-Crest Centers by Senators Mr. and Mrs. Glenn H. Johnston, Mr. and Mrs. John Tilghman, Greenleaf and Holl. Hvizda, Jr., Mr. and Mrs. Herman Kerns, Mr. and Mrs. Louis Pogoreltz, Mr. and Mrs. Melva Mason, Mr. and Mrs. ADJOURNMENT Charles Mass, Mr. and Mrs. Tony Kennedy, Mr. and Mrs. John S. Baniecki, Mr. and Mrs. Bruce E. Smith, Mr. and Senator LOEPER. Mr. President, I move that the Senate Mrs. Benjamin F. Paul, Mr. and Mrs. Robert Clancy, Mr. do now adjourn until Monday, November 9, 1992, at 2:17 and Mrs. Lloyd V. Knox, Mr .. and Mrs. Gaylord L. Malone, p.m., Eastern Standard Time. Mr. and Mrs. Charles L. Walker, Mr. and Mrs. James G. The motion was agreed to. Higgins, Robert E. Rice, Matthew Donati, John Walters, The Senate adjourned at 11:59 p.m., Eastern Daylight Henry Lee Keller, Debbie O'Dell Seneca, Sheriff Frank Poli­ Saving Time. caro, Jr., Mario Sciacca, Loyal Order of Moose, Lodge No. 22 of Washington and to Church of Saint Dominic of Donora by Senator Stout. Congratulations of the Senate were extended to W. Remin­ gton Moyer, Reda Long, William M. Reilly, Jr., Libby Newman and to Narberth Ambulance Corps by Senator Tilghman. Congratulations of the Senate were extended to Violet Geib, Kenneth Digiuilo, Roy P. Scott, participants of the Summer Youth Service Corp of the Pennsylvania Conserva­ tion Corp of Terre Hill and to Lititz Lodge No. 1050, Interna­ tional Order of Odd Fellows by Senator Wenger. Congratulations of the Senate were extended to Marjorie Orcutt and to Josef G. Obernier, Jr. by Senators Wenger and Baker. Congratulations of the Senate were extended to Reverend Dr. Joseph D. Patterson, Sr., BishopS. C. Madison and to United House of Prayer For All People Church of Philadel­ phia by Senator Williams.

CONDOLENCE RESOLUTIONS

The PRESIDENT laid before the Senate the following reso­ lutions, which were read, considered and adopted: Condolences of the Senate were extended to the family of the late John P. Marino and to the family of the late Victor J. Rutkowski, Sr. by Senator Hart. Condolences of the Senate were extended to the family of the late Leroy Williamson by Senator Jones.