COMMONWEALTH OF PENNSYLVANIA

LEGISLATIVE JOURNAL

MONDAy I FEBRUARY 3 I 1992

SESSION OF 1992 176TH OF THE GENERAL ASSEMBLY No. 8

SENATE nor of the Commonwealth, which were read as follows, and MONDAY, February 3, 1992. referred to the Committee on Rules and Executive Nomina­ The Senate met at 1:00 p.m., Eastern Standard Time. tions: MEMBER OF THE STATE PLANNING BOARD The PRESIDENT (Lieutenant Governor Mark S. Singel) in the Chair. January 30, 1992. To the Honorable, the Senate of the Commonwealth of PRAYER Pennsylvania: In conformity with law, I have the honor hereby to nominate The Chaplain, Reverend PAUL ZIEBER, Pastor of for the advice and consent of the Senate, Sydney Marie Avent, Mount Zion United Methodist Church, Enola, offered the Esquire, 6712 Anderson Street, Philadelphia 19119, Philadelphia following prayer: County, Fourth Senatorial District, for appointment as a member of the State Planning Board, to serve for a term of four years and Let us pray. until her successor is appointed and qualified, pursuant to Act 42, 0 God, Who is revealed to us as Creator, Redeemer and approved July 7, 1989. Judge, we give You thanks for each day of life, each moment ROBERT P. CASEY. opportunity to serve to learn and to grow and to enjoy, each MEMBER OF THE STATE PLANNING BOARD You and our fellows. Hear our prayers on behalf of the Members of this Legisla­ January 30, 1992. ture and the citizens of our state. Provide, we beg You, both To the Honorable, the Senate of the Commonwealth of energy and direction for our work, mold our motives that they Pennsylvania: may be pure, sharpen our senses that they may be alert to the In conformity with law, I have the honor hereby to nominate needs of those we both lead and serve. Awaken us to the pos­ for the advice and consent of the Senate, John W. Ponds, 1040 sibilities at hand and guard us against error so that our labors, Oranmore Street, Pittsburgh 15201, Allegheny County, Thirty­ eighth Senatorial District, for appointment as a member of the conceived in truth, developed with love and born in righteous­ State Planning Board, to serve for a term of four years and until ness, may, for the common good, be executed with justice, his successor is appointed and qualified, pursuant to Act 42, tempered by compassion. approved July 7, 1989. May Your example of servanthood shown in Jesus Christ ROBERT P. CASEY. be reflected and repeated in us. Amen. MEMBER OF THE STATE PLANNING BOARD The PRESIDENT. The Chair thanks Reverend Zieber who January 30, 1992. is the guest this day of Senator Hopper. To the Honorable, the Senate of the Commonwealth of Pennsylvania: JOURNAL APPROVED In conformity with law, I have the honor hereby to nominate The PRESIDENT. A quorum of the Senate being present, for the advice and consent of the Senate, Ernest M. Varhola, 264 Schwab Avenue, Munhall15120, Allegheny County, Forty-third the Clerk will read the Journal of the preceding Session of Senatorial District, for appointment as a member of the State January 30, 1992. Planning Board to serve until March 19, 1994 and until his suc­ The Clerk proceeded to read the Journal of the preceding cessor is appointed and qualified, vice Walter W. Giesey, Session, when, on motion of Senator LOEPER, further Harrisburg, deceased. reading was dispensed with, and the Journal was approved. ROBERT P. CASEY. MEMBER OF THE STATE EMPLOYEES' COMMUNICATIONS FROM THE GOVERNOR RETIREMENT BOARD

NOMINATIONS BY THE GOVERNOR January 30, 1992. REFERRED TO COMMITTEE To the Honorable, the Senate of the Commonwealth of Pennsylvania: The PRESIDENT laid before the Senate the following communications in writing from His Excellency, the Gover- 1582 LEGISLATIVE JOURNAL-SENATE FEBRUARY 3,

In conformity with law, I have the honor hereby to nominate COMMONWEALTH OF PENNSYLVANIA for the advice and consent of the Senate, G. Davis Greene, Jr., Pennsylvania Fish Commission 725 North Mount Pleasant Road, Philadelphia 19119, Philadel­ P. 0. Box 1673 phia County, Fourth Senatorial District, for appointment as a Harrisburg, Pennsylvania 17105 member of the State Employees' Retirement Board, to serve for a January 27, 1992 term of four years, and until his successor is appointed and quali­ fied, vice James Scheiner, Harrisburg, resigned. The Honorable Robert C. Jubelirer President Pro Tempore ROBERT P. CASEY. Senate of Pennsylvania MEMBER OF THE STATE EMPLOYEES' Main Capitol Building RETIREMENT BOARD Harrisburg, PA 17120 Re:. Certification of Licenses Issued Without January 30, 1992. Fee 30 Pa. C.S. Section 2713 To the Honorable, the Senate of the Commonwealth of Dear Senator Jubelirer: Pennsylvania: Section 2713 of the Pennsylvania Fish and Boat Code of 1980 In conformity with law, I have the honor hereby to nominate (P.L. 996, No. 175), 30 Pa. C.S. Section 2713 provides: for the advice and consent of the Senate, The Honorable Sarah All fishing licenses issued without payment of a W. Hargrove, 423 Walnut Street #124, Harrisburg 17101, license fee as provided in this chapter shall be Dauphin County, Fifteenth Senatorial District, for appointment recorded by the commission. The commission as a member of the State Employees' Retirement Board, to.serve annually shall certify to the General Assembly the for a term of four years, and until her successor is appointed and amount of revenue due from those license fees qualified, vice Christine Crist, Camp Hill, resigned. and the General Assembly shall cause that ROBERT P. CASEY. amount annually to be appropriated and credited to the Fish Fund. MEMBER OF THE STATE BOARD Pursuant to the provisions of this law, the Pennsylvania Fish OF SOCIAL WORK EXAMINERS And Boat Commission hereby certifies that the amount of revenue due the Fish Fund for free fishing licenses is: January 31, 1992. $753,397. To the Honorable, the Senate of the Commonwealth of This figure represents the total due for 108,325 resident, 4,793 Pennsylvania: resident senior and 5 non-resident fishing licenses issued without In conformity with law, I have the honor hereby to nominate payment of fee as required by Jaw from January 1, 1968, when for the advice and consent of the Senate, John R. Baublitz the mandatory reimbursement provision took effect, until (Public Member), 1011 Cranberry Street, Erie 16502, Erie December 31, 1991. County, Forty-ninth Senatorial District, for reappointment as a Thank you for your attention to this matter. member of the State Board of Social Work Examiners, to serve Sincerely, for a term of four years and until his successor is appointed and qualified, but not longer than six months beyond that period. EDWARD R. MILLER Executive Director ROBERT P. CASEY. The PRESIDENT. This communication will be filed in the HOUSE MESSAGE Library. ANNUAL REPORT OF THE PENNSYLVANIA SENATE BILL RETURNED WITH AMENDMENTS STATE BOARD OF EDUCATION The Clerk of the House of Representatives returned to the The PRESIDENT laid before the Senate the following com­ Senate SB 819, with the information the House has passed the munication, which was read by the Clerk as follows: same with amendments in which the concurrence of the Senate is requested. COMMONWEALTH OF PENNSYLVANIA The PRESIDENT. Pursuant to Senate Rule XV, Section 5, State Board of Education First Floor, 333 Market Street this bill will be referred to the Committee on Rules and Execu­ Harrisburg, Pennsylvania 17126-0333 tive Nominations. January 30, 1992 The Honorable .Mark R. Corrigan GENERAL COMMUNICATIONS Secretary Senate of Pennsylvania PENNSYLVANIA FISH COMMISSION 462 Main Capitol Building CERTIFICATION OF LICENSES Harrisburg, PA 17120 ISSUED WITHOUT FEE De~r Mark: The provisions of Act 43 of 1988 require that an annual report The PRESIDENT laid before the Senate the following be submitted to the Governor and General Assembly. We are communication, which was read by the Clerk as follows: enclosing 55 copies of the Annual Report of the State Board of Education for 1991 and request that they be distributed to all members of the Senate at your earliest convenience. 1992 LEGISLATIVE JOURNAL-SENATE 1583

A limited number of additional copies are available from this SB 1371 (Pr. No. 1601) (Rereported) office. Thank you. An Act establishing the Pennsylvania International Trade Council and conferring powers and duties upon it. Sincerely, ROBERT E. FEIR HB 1018 (Pr. No. 3022) (Amended) (Rereported) Executive Director An Act amending the act of July 15, 1976 (P. L. 1036, No. The PRESIDENT. This report will be filed in the Library. 208), known as the "Volunteer Fire Company, Ambulance Service and Rescue Squad Assistance Act," further providing for INSURANCE DEPARTMENT assistance to volunteer fire companies, ambulance services and STATUS OF CATASTROPHIC LOSS rescue squads; increasing the borrowing authority limit; elimi­ BENEFITS CONTINUATION FUND AND nating a countersignature; conforming certain provisions; and UNFUNDED LIABILITY REPORT making an appropriation. The PRESIDENT laid before the Senate the following com­ HB 1549 (Pr. No. 3023) (Amended) (Rereported) munication, which was read by the Clerk as follows: An Act amending Title 75 (Vehicles) of the Pennsylvania Con­ solidated Statutes, increasing fines for fare evasions; further COMMONWEALTH OF PENNSYLVANIA defining "emergency vehicle"; further providing for vehicles for INSURANCE DEPARTMENT which certificates of salvage have been issued, for the operation 1326 Strawberry Square of certain vehicles by holders of Class C and Class M licenses, for Harrisburg, PA 17120 disqualification for certain first offense violations, for third­ January 31, 1992 party contracts to administer skills tests and for required finan­ Subject: Statutory Requirement Reporting cial responsibility; providing an exclusion for motorcycle opera­ the Status of the Catastrophic tors from the surcharges levied to support the Catastrophic Loss Loss Benefits Continuation Fund Benefits Continuation Fund; and further providing for certifi­ cates of salvage and for allocation and appropriation of proceeds To: John J. Zubeck, Chief Clerk of the House from taxes for highway maintenance and construction. Mark R. Corrigan, Secretary of the Senate From: CONSTANCE B. FOSTER Insurance Commissioner SPECIAL ORDER OF BUSINESS MICHAEL HERSHOCK LEGISLATIVE LEAVES Secretary of the Budget In accordance with Act 24 of July 1, 1989, we hereby respect­ Senator FISHER. Mr. President, I would request a tempo­ fully submit a report of the status of the Catastrophic Loss Bene­ rary Capitol leave for Senator Lemmond. fits Continuation Fund and the unfunded liability of the Cata­ Senator STAPLETON. Mr. President, I request temporary strophic Loss Trust Fund. Capitol leaves for Senator Andrezeski, Senator Jones, The PRESIDENT. This report will be filed in the Library. Senator Lewis and Senator Bortner, a legislative leave for Senator Afflerbach, a legislative leave for the week for REPORTS FROM COMMITTEE Senator Lynch and a legislative leave for the day for Senator Williams. Senator TILGHMAN, from the Committee on Appropri­ The PRESIDENT. Senator Fisher asks temporary Capitol ations, reported the following bills: leave for Senator Lemmond. Senator Stapleton asks tempo­ rary Capitol leaves for Senator Andrezeski, Senator Jones, SB 208 (Pr. No. 1880) (Amended) (Rereported) Senator Lewis and Senator Bortner and legislative leaves for An Act providing for household hazardous waste collection Senator Afflerbach, Senator Lynch and Senator Williams. programs; further providing for the Recycling Fund; making a The Chair hears no objection. All of those leaves will be fund transfer; providing for a grant program; and making an granted. appropriation. SB 1063 (Pr. No. 1385) (Rereported) SENATE CONCURRENT RESOLUTION An Act amending the act of August 23, 1961 (P. L. 1068, No. 484), entitled, as reenacted and amended, "An act to provide for WEEKLY ADJOURNMENT the creation and administration of a Coal and Clay Mine Subsid­ ence Insurance Fund within the Department of Environmental Senator LOEPER offered the following resolution, which Resources for the insurance of compensation for damages to sub­ was read as follows: scribers thereto; .... ," extending application of the act to land­ In the Senate, February 3, 1992. slides; adding and amending certain definitions; and further pro­ viding for premiums and for claims against the fund. RESOLVED, (the House of Representatives concurring), That when the Senate adjourns this week it reconvene on Monday, SB 1095 (Pr. No. 1212) (Rereported) February 10, 1992, unless sooner recalled by the President Pro An Act prohibiting group medical benefit contracts from Tempore of the Senate; and be it further requiring the insured to obtain prescription drugs from a mail­ RESOLVED, That when the House of Representatives order pharmacy. adjourns this week it reconvene on Monday, February 10, 1992, unless sooner recalled by the Speaker of the House of Representa­ tives. 1584 LEGISLATIVE JOURNAL-SENATE FEBRUARY 3,

Senator LOEPER asked and obtained unanimous consent Phil scanned the cheering crowd before taking a quick glance for the immediate consideration of this resolution. for his all-important shadow. This was at 7:20a.m. when Jim On the question, Means, the Phil interpreter and President of the Will the Senate adopt the resolution? Punxsutawney Groundhog Club, along with all of his 14 Members of the Inner Circle, read the proclamation declaring LEGISLATIVE LEAVE the long winter would last six more weeks. Now, this forecast Senator LOEPER. Mr. President, I have just been notified was Phil's 105th, dating back to 1897, and he has only predic­ that Senator Shumaker has been called to his office and I ted an early thaw ten times and the last was just a couple of would request a temporary Capitol leave on his behalf. years ago in 1990. Of course, the news brought cheers and it The PRESIDENT. Senator Loeper requests temporary brought a few boos from the crowd that included families and Capitol leave for Senator Shumaker. The Chair hears no groups of college students and movie star Bill Murray who objection. That leave will be granted. was there, who happens to be making a movie in regard to the groundhog. It was just And the question recurring, another day for Punxsutawney Phil who returned to his underground Will the Senate adopt the resolution? condo waiting for February 3, 1993. SENATE CONCURRENT RESOLUTION ADOPTED I am sure that we will hear some remarks from a couple of Senator LOEPER. Mr. President, I move that the Senate other Senators possibly who claim that they have a groundhog do adopt this resolution. in their district that is just as correct as Phil, and I would cer­ tainly welcome those remarks. On the question, Will the Senate agree to the motion? The PRESIDENT pro tempore (Robert C. Jubelirer) in the Chair. The yeas and nays were required by Senator LOEPER and were as follows, viz: Senator WENGER. Mr. President, although I would not wish to detract in any manner from the comments made by YEAS-50 the gentleman from Indiana, Senator Stapleton, I would cer­ Afflerbach Furno Loeper Robbins tainly be remiss if I did not point out that several minutes Andrezeski Greenleaf Lynch Salvatore before Punxsutawney Phil made his prediction for our fate Armstrong Greenwood Madigan Scanlon Baker Hart Mellow Schwartz for the next six weeks, Quarryville Orphie at 7:05 a.m. predic­ Bel an Helfrick Musto Shaffer ted that we would indeed have six more weeks of winter. Now, Bell Holl O'Pake Shumaker to those who are unbelievers and make light of the predictions Bodack Hopper Pecora Stapleton Bortner Jones Peterson Stewart of the groundhog on February 2nd, I must point out that for Brightbill Jubelirer Porterfield Stout 84 years Orphie has been predicting weather and has been Corman LaValle Punt Tilghman infallible, never made a mistake and if he or she did we would Dawida Lemmond Reibman Wenger Fattah Lewis Rhoades Williams not admit it. But starting at 2:31 a.m., the faithful down at Fisher Lincoln Quarryville on the banks of the Octoraro Creek were alerted NAYS-0 to be sure that they captured the total significance of Ground­ hog Day for 1992. Now, the fact that both Orphie and Phil A majority of the Senators having voted "aye," the ques­ came out with the same prediction does not mean that we have tion was determined in the affirmative. merged forces necessarily but it does bode well I think, espe­ Ordered, That the Secretary of the Senate present the same cially for the activity that we have before us this week, and it to the House of Representatives for concurrence. shows that there was a cooperation from those furry animals and they both predicted the same kind of six weeks of winter LEGISLATIVE LEAVES CANCELLED weather still before us. There was an additional happening down on the banks of The PRESIDENT. The Chair recognizes the presence on the Octoraro this year that was unusual and goes way beyond the floor of Senator Andrezeski and Senator Bortner. Their the prognostication of the weather, and that was there was a temporary Capitol leaves will be cancelled. discovery of a miracle kind of mineral under the borough where our groundhog hides and will spend the next six weeks. CEREMONY IN COMMEMORATION OF This mineral is reported to have great therapeutic value, GROUNDHOG DAY would cure such things as baldness and arthritis and a lot of other things as well. There at the ceremony yesterday morning Senator STAPLETON. Mr. President, yesterday, February there was the appearance of a Japanese businessman who the 2nd, was another big day in Punxsutawney in Jefferson wanted to purchase the rights of this new mineral that has County. That furry forecaster, the prognosticator of all been discovered there at Quarryville. Of course, the brethren prognosticators, Punxsutawney Phil, told a record crowd of at the lodge, being patriotic as they are, refused to do business about 3,000 shivering people to expect another six weeks of with him and they are trying to find an American cold weather. This all took place up at Gobblers Knob where entrepreneur to market their new product. Suffice it to say 1992 LEGISLATIVE JOURNAL-SENATE 1585 that, ladies and gentlemen and Mr. President, we will have six Senator Wenger, did indicate, because of the patriotic nature more weeks of winter. of the lodge in Quarryville, that the brethren of that lodge had The PRESIDENT pro tempore. The Chair is, at the least, made a firm and direct decision not to deal with the Japanese pleased that the gentleman from Lancaster and the gentleman business interest offer, and I think the record should clearly from Punxsutawney seem to be agreeing. However, the Chair reflect that. does not particularly care for the decision. Senator MELLOW. Mr. President, the gentleman from LEGISLATIVE LEAVES CANCELLED Lancaster, Senator Wenger, said that Orphie and the technol­ ogy that Orphie used was being looked at by the Japanese and The PRESIDENT pro tempore. The Chair notes the pres­ they wanted to buy it. Well, we want Senator Wenger to know ence on the floor of Senator Lemmond and Senator Jones and that Punxsutawney Phil is not for sale to the Japanese. We their temporary Capitol leaves will be cancelled. buy American. Mr. President, I desire to interrogate the gentleman from RECESS Lancaster, Senator Wenger. The PRESIDENT pro tempore. Will the gentleman from Senator LOEPER. Mr. President, at this time I would ask Lancaster, Senator Wenger, permit himself to be inter­ for a recess of the Senate for the purpose of a Republican rogated? caucus to begin immediately in the Majority caucus room on Senator WENGER. I will, Mr. President. the first floor, with an expectation of returning to the floor by Senator MELLOW. Mr. President, it was hard for some of approximately 3:15p.m. us to understand in English exactly what was being explained Senator MELLOW. Mr. President, I would ask for an to us. We think that on today's date that we might be better immediate Democratic caucus. prepared if he would give it to us in Pennsylvania Dutch, that The PRESIDENT pro tempore. For purposes of Republi­ we might be better prepared to understand that. So if it is at can and Democratic caucuses to be held in their respective all possible for the gentleman to kind of paraphrase what he caucus rooms, the Senate will stand in recess. said about Orphie in Pennsylvania Dutch, we think there are some people on this side of the aisle who could better under­ AFTER RECESS stand that language, especially after what took place here last week. The PRESIDENT (Lieutenant Governor Mark S. Singel) in the Chair. Senator WENGER. Mr. President, yes, I would be pleased to respond in the dialect as well. I did want to put it in the lan­ The PRESIDENT. The time of recess having elapsed, the guage that most of us understood. First of all, because of the Senate will be in order. great significance that he carried frehyore isht yetz doh demnooch zu Quarryville Grund sawh. Sell maeint das weere SPECIAL ORDER OF BUSINESS kennech unserh loange unner glader in de motten bahla doha ANNOUNCEMENT BY THE SECRETARY und dee zevilah plantzah. Bauva setta eaarah bleeke forberiten, den ess ischt iver dem The SECRETARY. Permission has been given for the seite faer welshcon blantza. Committee on Rules and Executive Nominations to meet Mr. President. Ich binh net gawitz ebb ennicha Senator, during today's Session to consider certain nominations. ohn alleh 84 consecutive convacations auf de banks onh de Octoraia woreh aber de gute Ieite fonh Pennsilfannisch CALENDAR deitsch sine bekant ferh lounge leva und ich bin gawisch das dale fonh seeh verah onh alleh ferhun-achautzch yoreh events BILL ON CONCURRENCE IN un con zieha das des gawishlich so ischt fonh Quarryville HOUSE AMENDMENTS AS AMENDED grundsawh. BILL OVER IN ORDER The PRESIDENT pro tempore. The Chair expects that the reporters got that all down. SB 653 - Without objection, the bill was passed over in its Senator MELLOW. Mr. President, we appreciate that, and order at the request of Senator LOEPER. perhaps if the gentleman would like to be a negotiator on FINAL PASSAGE CALENDAR reapportionment and use that same kind of language, maybe we could accomplish something. BILLS OVER IN ORDER The PRESIDENT pro tempore. Somehow I think Senator SB 1209 and 1471 - Without objection, the bills were Manbeck and Senator Messinger are smiling. passed over in their order at the request of Senator LOEPER. Senator LOEPER. Mr. President, before I ask for a recess ofthe Senate, however, in light of the comments of the gentle­ man from Lackawanna, Senator Mellow, I think it is impor­ tant that the record show that the gentleman from Lancaster, 1586 LEGISLATIVE JOURNAL-SENATE FEBRUARY 3,

THIRD CONSIDERATION CALENDAR 8, 9, 10, 11, 12, 13, 14, 15, 17, 20, 22 and 23), 7, 10, 11, 12, 13, 14, 16, 17, 19, 20, 26, 30, 32,36 (Divisions 29, BILL OVER IN ORDER 35 and 37), 37, 39, 40,42 (Divisions 4, 7, 13, 17, 20 and 21), 43, 47,48 (Divisions 1, -SB 8 Without objection, the bill was passed over in its 12, 13, 14, 15, 16 and 17) and 49. order at the request of Senator LOEPER. (2) The Second District is composed of part of Delaware County consisting of the Boroughs of Darby, Lansdowne and BILL OVER IN ORDER TEMPORARILY Yeadon; and part of Philadelphia County consisting of the City of Philadelphia Wards 2 (Divisions 14 and 16), 3, 4, 6, 8, 9, 15, HB 541 - Without objection, the bill was passed over in its 21, 22, 24, 27, 28, 29, 34,36 (Divisions 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, order temporarily at the request of Senator LOEPER. 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 30, 31, 32, 33, 34, 36, 38, 39, 40 and 41), 38, 44, 46, 48 (Divisions BILLS OVER IN ORDER 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 18, 19, 20, 21,22 and 23), 50, 51, 52, SB 572, 1290 and 1490 - Without objection, the bills were 59and60. passed over in their order at the request of Senator LOEPER. (3) The Third District is composed of part of Philadelphia County consisting of the City of Philadelphia Wards I (Divisions SECOND CONSIDERATION CALENDAR 17, 18, 19 and 21), 2 (Divisions I, 23, 24, 25,26 and 27), 5 (Divi­ sions 1, 2, 4, 5, 16, 18, 19 and 21), 18, 23, 25, 31, 33, 35, 41, 42 ( BILLS OVER IN ORDER Divisions 1, 2, 3, 5, 6, 8, 9, 10, 11, 12, 14, 15, 16, 18, 19, 22, 23, SB 84, HB 246, SB 298, HB 749 and 795 - Without objec­ 24 and 25), 45, 53, 54, 55, 56, 57, 58, 61, 62, 63, 64,65 and 66. (4) The Fourth District is composed of part of Allegheny tion, the bills were passed over in their order at the request of County consisting of the Townships of East Deer, Fawn, Frazer, Senator LOEPER. Harrison, Marshall, Pine, Richland and West Deer and the HB 541 CALLED UP Boroughs of Brackenridge, Bradford Woods, Plum and Tarentum; all of Beaver County; part of Butler County consisting HB 541 (Pr. No. 3024) - Without objection, the bill, of the Townships of Adams, Buffalo, Clinton, Cranberry, which previously went over in its order temporarily, was Jackson and Middlesex and the Boroughs of Harmony, Mars, Saxonburg, Seven Fields, Valencia and Zelienople; called up, from page 2 of the Third Consideration Calendar, all of Law­ rence County; and part of Westmoreland County consisting of by Senator LOEPER. the Cities of Arnold, Jeannette, Lower Burrell and New MOTION WITHDRAWN Kensington and the Townships of Allegheny, North Huntingdon, Penn, Salem, Upper Burrell and Washington and the Boroughs Senator FISHER. Mr. President, at this time I would with­ of Delmont, East Vandergrift, Export, Hyde Park, Irwin, draw the motion I made on Thursday to reconsider the vote Manor, Murrysville, North Irwin, Oklahoma, Trafford (West­ by which the Stewart amendment was adopted. moreland County portion), Vandergrift and West Leechburg. The PRESIDENT. Senator Fisher withdraws his motion to (5) The Fifth District is composed of all of Cameron County; reconsider House Bill No. 541, the amendment thereto. part of Centre County consisting of the Townships of Benner, Boggs, Burnside, College, Curtin, Ferguson, Gregg, Haines, BILL ON THIRD CONSIDERATION AMENDED Harris, Howard, Huston, Liberty, Marion, Miles, Patton, Penn, Potter, Spring and Walker and the Boroughs of Bellefonte, HB 541 (Pr. No. 3024)- The Senate proceeded to consid­ Centre Hall, Howard, Milesburg, Millheim and State College; all eration of the bill, entitled: of Clarion County; all of Clinton County; part of Crawford County consisting of the City of Titusville and the Townships An Act amending the act of June 3, 1937 (P. L. 1333, No. 320), of Athens, Bloomfield, Oil Creek, known as the "Pennsylvania Election Code," further providing Randolph, Richmond, Rockdale, Rome, Sparta, Steuben, Troy and Wayne and the for certain deadlines relating to nominations; and providing for Boroughs of Centerville, Hydetown, Spartansburg apportionment of the Commonwealth into congressional and Townville; all of Elk dis­ County; all of Forest tricts. County; all of Jefferson County; part of Lycoming County consisting of the Townships of Anthony, Considered the third time, Bastress, Brown, Cogan House, Cummings, Limestone, McHenry, Mifflin, Nippenose, Piatt, Pine, Porter, Susquehanna, On the question, Washington and Watson and the Boroughs of Jersey Shore and Will the Senate agree to the bill on third consideration? Salladasburg; all of McKean County; all of Potter County; all of Tioga County; all of Union County; all of Venango County; and STEWART AMENDMENT I all of Warren County. Senator STEWART, by unanimous consent, offered the (6) The Sixth District is composed of all of Berks County; part of Montgomery County consisting following amendment No. A0367: of the Township of West Pottsgrove and the Borough of Pottstown; part of North­ Amend Sec. 2 (Sec. 1801-A), page 17, lines 15 through 30; umberland County consisting of the City of Sunbury and the pages 18 through 25, lines I through 30; page 26, lines I through Townships of Delaware, Jackson, Jordan, Lewis, Little 14, by striking out all of said lines on said pages and inserting: Mahanoy, Lower Augusta, Lower Mahanoy, Point, Rockefeller, Turbot, Upper Augusta, Upper Mahanoy, Washington (I) The First District is composed of part of Delaware County and West Chillisquaque and the Boroughs of Herndon, consisting of the City of Chester and the Townships of Darby, McEwensville, Milton, Northumberland, Turbotville and Ridley (Blocks 903 and 919 of 1990 Census Watsontown; and all Tract 4041.03) and of Schuylkill County. Tinicum and the Boroughs of Colwyn, Eddystone, Folcroft and (7) The Seventh District is composed of part Glenolden; and part of Philadelphia County consisting of the of Chester County consisting of the Townships City of Philadelphia Wards I (Divisions 1, 2, 3, 4, 5, 6, 7, 8, 9, of Birmingham, Charlestown, East Pikeland, East Whiteland, 10, 11, 12, 13, 14, 15, 16 and 20), 2 (Divisions 2, 3, 4, 5, 6, 7, 8, 9, Easttown, Schuylkill, Thornbury, Tredyffrin and Westtown 10, 11, 12, 13, 15, 17, 18, 19, 20,21 and 22), 5 (Divisions 3, 6, 7, and the Boroughs of Malvern, Phoenixville and Spring City; part of 1992 LEGISLATIVE JOURNAL-SENATE 1587

Delaware County consisting of the Townships of Aston, Bethel, (13) The Thirteenth District is composed of part of Birmingham, Chester, Concord, Edgemont, Haverford, Lower Montgomery County consisting of the Townships of Abington, Chichester, Marple, Middletown, Nether Providence, Newtown, Cheltenham, East Norriton, Franconia, Hatfield, Limerick, Radnor, Ridley (Excluding Blocks 903 and 919 of 1990 Census Lower Frederick, Lower Gwynedd, Lower Merion, Lower Tract 4041.03), Springfield, Thornbury, Upper Chichester, Moreland, Lower Pottsgrove, Lower Providence, Lower Salford, Upper Darby and Upper Providence and the Boroughs of Aldan, Marlborough, Montgomery, Perkiomen, Plymouth, Salford, Brookhaven, Chester Heights, Clifton Heights, Collingdale, East Skippack, Springfield, Towamencin, Upper Dublin, Upper Lansdowne, Marcus Hook, Media, Millbourne, Morton, Gwynedd, Upper Moreland, Upper Pottsgrove, Upper Provid­ Norwood, Parkside, Prospect Park, Ridley Park, Rose Valley, ence, Upper Salford, West Norriton, Whitemarsh, Whitpain and Rutledge, Sharon Hill, Swarthmore, Trainer and Upland; and Worcester and the Boroughs of Ambler, Bryn Athyn, part of Montgomery County consisting of the Township of Collegeville, Conshohocken, Hatboro, Hatfield, Jenkintown, Upper Merion and the Boroughs of Bridgeport and Royersford. Lansdale, Narberth, Norristown, North Wales, Rockledge, (8) The Eighth District is composed of all of Bucks County; Schwenksville, Souderton, Trappe and West Conshohocken. and part of Montgomery County consisting of the Township of (14) The Fourteenth District is composed of part of Alle­ Horsham and the Borough of Telford (Montgomery County gheny County consisting of the City of Pittsburgh and the Town­ portion). ships of Elizabeth, Forward, South Park, South Versailles and (9) The Ninth District is composed of all of Bedford County; Stowe and the Boroughs of Avalon, Baldwin, Bellevue, all of Blair County; part of Centre County consisting of the Brentwood, Castle Shannon, Elizabeth, Ingram, Jefferson, Townships of Halfmoon, Rush, Snow Shoe, Taylor, Union and Liberty, Lincoln, McKees Rocks, Millvale, Mt. Oliver, Pleasant Worth and the Boroughs of Philipsburg, Port Matilda, Snow Hills, Port Vue, Versailles, West Elizabeth, West Homestead, Shoe, South Philipsburg and Unionville; all of Clearfield White Oak, Whitehall and Wilkinsburg. County; all of Franklin County; all of Fulton County; all of (15) The Fifteenth District is composed of all of Lehigh Huntingdon County; all of Juniata County; all of Mifflin County; part of Montgomery County consisting of the Town­ County; part of Perry County consisting of the Townships of ships of Douglass, New Hanover, Upper Frederick and Upper Centre, Jackson, North East Madison, Saville, South West Hanover and the Boroughs of East Greenville, Green Lane, Pen­ Madison, Spring, Toboyne, Tuscarora and Tyrone and the nsburg and Red Hill; and all of Northampton County. Boroughs of Blain, Bloomfield, Landisburg and Millerstown; (16) The Sixteenth District is composed of part of Chester and all of Snyder County. County consisting of the City of Coatesville and the Townships (10) The Tenth District is composed of all of Bradford of Cain, East Bradford, East Brandywine, East Cain, East County; all of Lackawanna County; part of Lycoming County Coventry, East Fallowfield, East Goshen, East Marlborough, consisting of the City of Williamsport and the Townships of East Nantmeal, East Nottingham, East Vincent, Elk, Franklin, Armstrong, Brady, Cascade, Clinton, Eldred, Fairfield, Frank­ Highland, Honeybrook, Kennett, London Britain, London lin, Gamble, Hepburn, Jackson, Jordan, Lewis, Loyalsock, Grove, Londonderry, Lower Oxford, New Garden, New Lycoming, Mcintyre, McNett, Mill Creek, Moreland, Muncy, London, Newlin, North Coventry, Penn, Pennsbury, Pocopson, Muncy Creek, Old Lycoming, Penn, Plunketts Creek, Sadsbury, South Coventry, Upper Oxford, Upper Uwchlan, Shrewsbury, Upper Fairfield, Wolf and Woodward and the Uwchlan, Valley, Wallace, Warwick, West Bradford, West Boroughs of Duboistown, Hughesville, Montgomery, Brandywine, West Cain, West Fallowfield, West Goshen, West Montoursville, Muncy, Picture Rocks and South Williamsport; Marlborough, West Nantmeal, West Nottingham, West part of Monroe County consisting of the Townships of Barrett, Pikeland, West Sadsbury, West Vincent, West Whiteland and Coolbaugh, Jackson, Middle Smithfield, Paradise, Pocono, Willistown and the Boroughs of Atglen, Avondale, Downing­ Smithfield and Tobyhanna and the Boroughs of Delaware Water town, Elverson, Honey Brook, Kennett Square, Modena, Gap and Mt. Pocono; all of Pike County; all of Sullivan County; Oxford, Parkesburg, South Coatesville, West Chester and West all of Susquehanna County; all of Wayne County; and all of Grove; and part of Lancaster County consisting of the City of Wyoming County. Lancaster and the Townships of Bart, Brecknock, Caernarvon, (11) The Eleventh District is composed of all of Carbon Colerain, Drumore, Earl, East Cocalico, East Drumore, East County; all of Columbia County; all of Luzerne County; part of Earl, East Hempfield, East Lampeter, Eden, Fulton, Lancaster, Monroe County consisting of the Townships of Chestnuthill, Leacock, Little Britain, Manheim, Martie, Paradise, Pequea, Eldred, Hamilton, Polk, Price, Ross, Stroud and Tunkhannock Providence, Sadsbury, Salisbury, Strasburg, Upper Leacock, and the Boroughs of East Stroudsburg and Stroudsburg; all of Warwick, West Earl and West Lampeter and the Boroughs of Montour County; and part of Northumberland County consist­ Adamstown (Lancaster County portion), Christiana, Denver, ing of the City of Shamokin and the Townships of Coal, East East Petersburg, Lititz, Millersville, New Holland, Quarryville, Cameron, East Chillisquaque, Mt. Carmel, Ralpho, Rush, Strasburg and Terre Hill. Shamokin, West Cameron and Zerbe and the Boroughs of (17) The Seventeenth District is composed of part of Cum­ Kulpmont, Marion Heights, Mt. Carmel, Riverside and berland County consisting of the Townships of East Pennsboro Snydertown. and Hampden and the Boroughs of Camp Hill, West Fairview (12) The Twelfth District is composed of all of Armstrong and Wormleysburg; all of Dauphin County; part of Lancaster County; all of Cambria County; part of Fayette County consist­ County consisting of the Townships of Clay, Conestoga, Conoy, ing of the City of Connellsville and the Townships of Bullskin, East Donegal, Elizabeth, Ephrata, Manor, Mt. Joy, Penn, Connellsville, Dunbar, Henry Clay, Lower Tyrone, North Rapho, West Cocalico, West Donegal and West Hempfield and Union, Saltlick, Springfield, Stewart and Upper Tyrone and the the Boroughs of Akron, Columbia, Elizabethtown, Ephrata, Boroughs of Dawson, Dunbar, Everson, Markleysburg, Manheim, Marietta, Mountville and Mt. Joy; all of Lebanon Ohiopyle, South Connellsville and Vanderbilt; all of Indiana County; and part of Perry County consisting of the Townships of County; all of Somerset County; and part of Westmoreland Buffalo, Carroll, Greenwood, Howe, Juniata, Liverpool, Miller, County consisting of the Townships of Bell, Cook, Derry, Oliver, Penn, Rye, Watts and Wheatfield and the Boroughs of Donegal, East Huntingdon, Fairfield, Ligonier, Loyalhanna, Mt. Duncannon, Liverpool, Marysville, New Buffalo and Newport. Pleasant, St. Clair and Unity and the Boroughs of Avonmore, (18) The Eighteenth District is composed of part of Allegheny Bolivar, Derry, Donegal, Latrobe, Laurel Mountain, Ligonier, County consisting of the Cities of Clairton, Duquesne and Mt. Pleasant, New Alexandria, New Florence, Scottdale, Seward McKeesport and the Townships of Aleppo, Baldwin, Collier, and Youngstown. 1588 LEGISLATIVE JOURNAL-SENATE FEBRUARY 3,

Hampton, Harmar, Indiana, Kennedy, Kilbuck, Leet, Will the Senate agree to the amendment? McCandless, Mt. Lebanon, Neville, North Versailles, O'Hara, Ohio, Penn Hills, Reserve, Robinson, Ross, Scott, Shaler, Senator STEWART. Mr. President, last Thursday evening Springdale and Wilkins and the Boroughs of Aspinwall, Bell my first of two amendments was adopted and is now incorpo­ Acres, Ben Avon, Ben Avon Heights, Blawnox, Braddock, rated in House Bill No. 541. The amendment I offer today is Braddock Hills, Carnegie, Chalfant, Cheswick, Churchill, identical to the amendment that was adopted last Thursday Crafton, Dormont, Dravosburg, East McKeesport, East night except in three instances affecting three congressional Pittsburgh, Edgewood, Emsworth, Etna, Forest Hills, Fox Chapel, Franklin Park, Glassport, Glenfield, Green Tree, districts. The amendment I offer today effects a change in the Haysville, Heidelberg, Homestead, Monroeville, Munhall, North Fifth Congressional, which is Congressman Clinger's district; Braddock, Oakmont, Pennsbury Village, Pitcairn, Rankin, the Ninth Congressional, which is Congressman Shuster's dis­ Rosslyn Farms, Sewickley Hills, Sharpsburg, Springdale, trict; and the Tenth Congressional, which is Congressman Swissvale, Thornburg, Trafford (Allegheny County portion), McDade's district. Other than that, this amendment changes Turtle Creek, Verona, Wall, West Mifflin, West View, Whitaker and Wilmerding. nothing that was put into the bill last Thursday evening. I (19) The Nineteenth District is composed of all of Adams would urge those who supported the first Stewart amendment County; part of Cumberland County consisting of the Townships last Thursday to support this amendment, and if you are of Cooke, Dickinson, Hopewell, Lower Allen, Lower Frankford, affected by changes in the Fifth, Ninth and Tenth Districts, I Lower Mifflin, Middlesex, Monroe, North Middleton, North Newton, Penn, Shippensburg, Silver Spring, South Middleton, would urge you to take a quick look at it and I would be glad South Newton, Southampton, Upper Allen, Upper Frankford, to answer any questions. Upper Mifflin and West Pennsboro and the Boroughs of Carlisle, Senator LOEPER. Mr. President, the amendment that is Lemoyne, Mechanicsburg, Mt. Holly Springs, New Cumberland, before us would basically address some central Pennsylvania Newburg, Newville, Shippensburg (Cumberland County portion) issues, in our view, to pick off some Republican Members and Shiremanstown; and all of York County. who may be attractive to, but I think, Mr. President, when we (20) The Twentieth District is composed of part of Allegheny County consisting of the Townships of Crescent, Findlay, Moon, look at what this amendment amends, we have to realize that North Fayette, South Fayette and Upper St. Clair and the this amendment amends basically a merge of the Sixteenth, Boroughs of Bethel Park, Bridgeville, Coraopolis, Edgeworth, the Seventh and Fifth Congressional Districts and, ironically, Leetsdale, McDonald (Allegheny County portion), Oakdale, the Sixteenth and the Fifth Districts are the areas of largest Osborne, Sewickley and Sewickley Heights; part of Fayette growth in Pennsylvania. Yet, the amendment of the gentle­ County consisting of the City of Uniontown and the Townships of Brownsville, Franklin, Georges, German, Jefferson, Luzerne, man from Cambria, Senator Stewart, from last Thursday, Menallen, Nicholson, Perry, Redstone, South Union, Springhill, which this would be amended to, essentially would merge Washington and Wharton and the Boroughs of Belle Vernon, those districts rather than giving them their individual Con­ Brownsville, Fairchance, Fayette City, Masontown, Newell, Per­ gressmen. ryopolis, Point Marion and Smithfield; all of Greene County; all Secondly, I think, Mr. President, if we look at this amend­ of Washington County; and part of Westmoreland County con­ sisting of the Cities of Greensburg and Monessen and the Town­ ment and what it is being amended into, it would reflect that ships of Hempfield, Rostraver, Sewickley and South Huntingdon over 112,000 people in Delaware County would be repre­ and the Boroughs of Adamsburg, Arona, Hunker, Madison, sented by the First and Second Congressional Districts cur­ New Stanton, North Belle Vernon, Penn, Smithton, South rently in Philadelphia and that the other counties surrounding Greensburg, Southwest Greensburg, Sutersville, West Newton Philadelphia would not be touched by any of that population and Youngwood. (21) The Twenty-first District is composed of part of Butler incursion. County consisting of the City of Butler and the Townships of I think, third, Mr. President, that it does not provide a Allegheny, Brady, Butler, Center, Cherry, Clay, Clearfield, Westmoreland County based seat, and I think that is an issue Concord, Connoquenessing, Donegal, Fairview, Forward, we have debated on this floor. We have had Members vote for Franklin, Jefferson, Lancaster, Marion, Mercer, Muddycreek, it and the same Members then vote against it, but I think that Oakland, Parker, Penn, Slippery Rock, Summit, Venango, Washington, Winfield and Worth and the Boroughs of Bruin, is a key point, that there is not a Westmoreland County whole Callery, Cherry Valley, Chicora, Connoquenessing, East Butler, seat as demonstrated in the amendment nor the amendment to Eau Claire, Evans City, Fairview, Harrisville, Karns City, the amendment before us. Petrolia, Portersville, Prospect, Slippery Rock, West Liberty and Next, I think we also see that several of the districts repre­ West Sunbury; part of Crawford County consisting of the City of sented by Republicans have been weakened to the point that Meadville and the Townships of Beaver, Cambridge, Conneaut, Cussewago, East Fairfield, East Fallowfield, East Mead, Fair­ their position is really anticompetitive in trying to achieve field, Greenwood, Hayfield, North Shenango, Pine, Sadsbury, reelection in that particular district. The other concern I South Shenango, Spring, Summerhill, Summit, Union, Venango, would just like to express about, Mr. President, is the minor­ Vernon, West Fallowfield, West Mead, West Shenango and ity representation of the Second District in the City of Phila­ Woodcock and the Boroughs of Blooming Valley, Cambridge delphia because that minority representation under the Springs, Cochranton, Conneaut Lake, Conneautville, Linesville, Saegertown, Springboro, Venango and Woodcock; all of Erie Stewart amendment that is before us, which this amendment County; and all of Mercer County. is to be amended to, essentially drops the minority representa­ tion in that district that is considered by the Federal Voting On the question, Rights Act as a majority/minority district. And it is for those reasons, Mr. President, that I would ask for a negative vote on the Stewart amendment. 1992 LEGISLATIVE JOURNAL-SENATE 1589

Senator STEWART. Mr. President, the arguments made, while appreciated by this side, were the same arguments that were made last Thursday. I would like to reiterate on just one of them, the political makeup of the entire state as far as con­ gressional districts. This plan offered by the Democrats ends up creating ten solid Republican districts and only seven solid Democratic districts, based on registration and voting history. I do not know how this side can go any further toward com­ promise than that and still get sufficient votes to pass a plan which we all know is the critical factor right now, passing a congressional reapportionment plan. The amendment that was adopted last Thursday received sufficient votes to be adopted and I believe this amendment, if people stick to the vote from last Thursday and look at what it changes in three other districts, can be adopted and the bill can be adopted. I would urge an affirmative vote. And the question recurring, Will the Senate agree to the amendment? The yeas and nays were required by Senator STEWART and were as follows, viz: YEAS-24 Afflerbach Fattah Lynch Scanlon Andrezeski Furno Mellow Schwartz Bel an Jones Musto Stapleton Bodack LaValle O'Pake Stewart Bortner Lewis Porterfield Stout Dawida Lincoln Reibman Williams NAYS-26 Armstrong Greenwood Loeper Robbins Baker Hart Madigan Salvatore Bell Helfrick Pecora Shaffer Brightbill Holl Peterson Shumaker Corman Hopper Punt Tilghman Fisher Jubelirer Rhoades Wenger Greenleaf Lemmond Less than a majority of the Senators having voted "aye," the question was determined in the negative. And the question recurring, Will the Senate agree to the bill on third consideration? LEGISLATIVE LEAVES CANCELLED The PRESIDENT. The Chair recognizes the presence on the floor of Senator Afflerbach and Senator Shumaker and their temporary Capitol leaves are cancelled. And the question recurring, Will the Senate agree to the bill on third consideration? LOEPER AMENDMENT I 1590 LEGISLATIVE JOURNAL-SENATE FEBRUARY 3, 1992 LEGISLATIVE JOURNAL-SENATE 1591

On the question, Will the Senate agree to the amendment? Senator LOEPER. Mr. President, essentially, the amend­ ment before us is a different configuration that we refer to as caucus one. It is a plan that has been distributed to Members on both sides of the aisle and the essential ingredients of the plan before us, Mr. President, are that particularly in the situ- 1592 LEGISLATIVE JOURNAL-SENATE FEBRUARY 3, ation of Chester and Berks Counties in the Fifth and Sixth Senator MELLOW. Mr. President, we on the Democratic Districts, what we attempt to do is to create a balance between side of the aisle have only had an opportunity of having a map those counties by putting the Fifth and Sixth Districts together shared with us for about the last 45 minutes. It was kept providing for strong representation in each of those counties, rather secretive as to what plan the Republicans would be pro­ both Berks County and Chester County. posing on the floor of this Senate here this afternoon to bring Secondly, Mr. President, as we had talked about a concern about a reapportionment. I would have to conclude by some with the last amendment, what this does is create a West­ of the remarks of the Majority Leader that they obviously do moreland County based district whole. I think it is important not have 26 votes on final passage to bring about this plan, to note when we talk about that Westmoreland County Dis­ because on two separate occasions here this afternoon on both trict, Mr. President, that Westmoreland County is the largest amendments that have been offered the Republican Leader of county east of the Mississippi River that does not have its own the Senate has talked about Westmoreland County, and on congressional district or direct representation. Rather, it is the first occasion he said Westmoreland County has a currently split representation and I believe that this provides Member who has voted "no" and then changed his vote to basis for keeping Westmoreland County whole. It also, Mr. voting "yes." I think the only thing that the record will indi­ President, combines the districts of Representative Kolter and cate is that the Member from Westmoreland County who he is Representative Murphy in the west, which are the two districts referring to on the Democratic side voted "no" on several that have experienced the greatest population loss of any of occasions, contrary to the wishes of the Majority Leader, and, the congressional districts in Pennsylvania. I think it is also obviously, the Senator is voting on his own convictions. But, important to note that in accord with the Federal Voting Mr. President, let us look if we can for a moment at what this Rights Act that the Second Congressional District in Philadel­ particular plan is doing. The gentleman from Delaware, phia is boosted so it is a majority/minority voting district in Senator Loeper, in his earlier remarks said Republicans have the Second Congressional District. Mr. President, I would ask been weakened so they cannot be reelected. Well, in this par­ for an affirmative vote on the amendment. ticular plan, Mr. President, the Republicans in the Senate Senator PORTERFIELD. Mr. President, this particular have taken the most senior member of Congress. They have Senator would like to thank the other side of the aisle for taken my Congressman, who happens to be a Republican, a drafting such a fine division for congressional seats and man who has done an excellent job to represent the people of placing Westmoreland County in whole in its own district, the Tenth Congressional District, and they have taken a good being referred to as the Twentieth District. However, I do not part of his district in Lackawanna County-it is hard to tell believe it is the intent of this Senator to see a plan such as this on the map whether or not any of the City of Scranton is pass when it eliminates two of our dear friends from congres­ included in that district-and they have moved their most sional seats which are Democrats. It is amazing that the plan senior member of Congress out of the basic strength of his eliminates two additional Democrats. It is hard to believe. I Congressional district and moved him somewhere else. Now, would think that must be just an error on behalf of someone, Mr. President, they have taken two veteran Congressmen, I am sure. I do not think that would have been any intention, Congressman Austin Murphy, who used to be a former but it also does something else. You know, we in the Demo­ Member of the Pennsylvania State Senate, and former state cratic Party and the people in the Republican Party back in Representative Joe Kolter, and they have put them in the same Westmoreland County think a lot of Congressman Murtha, a congressional district. I guess that is so they would not senior Congressman who has done much for our area, who weaken any Republican but would, in fact, have two incum­ has brought much industry recently to our area, and although bent veteran Democrat Members of the Congress with senior­ I have carved an amendment, which I will offer later today if ity and have them running against one another. Then what at all possible, to provide a district which individuals from they have done, they have taken the Sixth Congressional Dis­ Westmoreland County can run, perhaps win that seat and trict, the congressional district that currently encompasses in learn from the senior Congressmen such as Jack Murtha and total the County of Berks, an area of the state which has Joe Kolter, learn the ropes as they call it in Washington, shown growth of which only four congressional districts in D.C., I do not think anyone in Westmoreland County wants this state have shown growth, and they have gone ahead and to lose Jack Murtha, and in all the districts that have been they have included Berks County into the seat which is now carved you will see that we try to keep Jack in a portion of our held by Congressman Schulze, so as to go ahead and to have county so that a freshman Congressman that might win that Congressman Schulze go up into Berks County. Mr. Presi­ Twentieth District seat, as I mentioned, may learn from an dent, it is very difficult when I see that the Republican leader­ elder statesman, a gentleman who, as I have mentioned, has ship has created a new seat, the Twentieth Congressional Dis­ brought much to Pennsylvania as well as this nation. So trict seat, which encompasses Westmoreland County, when although I would love to see a seat for Westmoreland County they have gone ahead for some reason and they have consoli­ in which a significant number of our people could vote for an dated two veteran Congressmen in Congressman Murphy and individual from our base county, I would not want to see us Congressman Kolter. They have gone ahead and they have lose two Democratic Congressmen. So I would urge a negative taken away the base of strength, the base of support, the indi­ vote on this particular amendment. vidual who has done so much to try to revitalize Lackawanna 1992 LEGISLATIVE JOURNAL-SENATE 1593

County, the person who is the number one member on the remains will be scattered over two different counties instead Republican Congressional Delegation with seniority and, of three. But, in any event, it will deprive the people of Berks indeed, I believe in the Congressional Delegation, a man who County of a vote and a voice in Congress for the next ten has a seat on the House Appropriations Committee and they years and perhaps forever thereafter. Technically I should have moved him out of the area in which he has done so much point out that the plan is so deficient and so much of a classic for the people of Lackawanna County. Now, you would have gerrymander that it even divides a township unnecessarily. to wonder, Mr. President, why, in fact, they are doing this. There is no reason in the world, when you are dealing with a On three different occasions we on the Democratic side of the district of 565,000 people, that you have to divide a township, aisle have offered plans on the floor of this Senate. The first as the Township of Muhlenberg gets divided and is split plan we put up 23 votes on that plan because there were 23 between two congressional districts. Members in this particular caucus here and ready to vote on Mr. President, in this day and age, people do not get that that particular day. On Thursday, Mr. President, we put up excited about too many things when it comes to the political 24 votes. Every Member of the Democratic caucus voted, process. There is such a cynicism and skepticism and bad odor along with the gentleman from Lebanon, Senator Brightbill, of a lot of political efforts that they are content to sit back and and I give him credit for standing up to his own convictions complain. But, in this case, Mr. President, between 10,000 and against his leadership by casting a very strong vote in and 15,000 Berks Countians cared enough to send a strong favor of the people of the Sixth Congressional District. It is message to us here, and I have in this bin for anybody who unfortunate that for some reason today the Republicans want wants to go through the petitions and the names and the to offer a plan that goes ahead and does away with that con­ coupons and the other messages sent by almost 15,000 Berks gressional district. Then again this afternoon, Mr. President, Countians, ranging from the Chamber of Commerce of Berks the Democratic Members of the Senate again put up 24 County to you name it. And the Berks County Voters for Members of this particular caucus to go ahead and to provide Effective Government collected them, and they sent a very, for a fair and equitable plan in Pennsylvania that goes ahead very strong message and that is do not take away the Sixth and preserves the integrity once again of the wishes of the Congressional District. This plan does exactly that. The Sixth people who represent Berks County in the Sixth Congres­ District literally disappears from the face of Berks County sional District. But, for some reason the Republicans in the and gets moved out.into northwestern Pennsylvania and I am Senate have chosen not to support any plan that has been sure that will not be looked favorably upon by those who live offered by the Democrats, with one exception, and I give in the Sixth Congressional District. I urge a negative vote, and Senator Brightbill a tremendous amount of credit for standing I ask that we go back to the drawing boards and come up with up for what he believes is to be right. something that is much fairer and not as brazenly political in Mr. President, it is unfortunate that tomorrow represents its remapping. one week since the first time a petition has been able to be cir­ Senator FISHER. Mr. President, I am thankful of one culated by law for Congress and/or for a delegate for a presi­ thing and that is the fact that congressional redistricting only dential candidate, and we as of this date have not passed a happens every ten years. I think we should all be thankful that plan. It is unfortunate that the Republicans had ten years in we do not have to face a task like this either every year or the Senate of Pennsylvania to go ahead and to put their collec­ every two years, but, in fact, we have the task in front of us. tive thinking together as to how they could pass a congres­ But what is particularly frustrating to me is that no matter sional reapportionment plan and they have failed miserably in what type of plan we continue to bring forward, it seems that their constitutional obligation to do that. I suggest to Senator no matter what happens there is never any support from the Loeper, he should on this amendment do the same thing that other side of the aisle and I speak specifically about western we have done on all three that we have put up. You should put Pennsylvania. up your 26 votes to pass the amendment. You should put up We have before us now a plan that again accomplishes your 26 votes to pass a bill so that the House of Representa­ clearly what we have articulated, which has been our number tives can go on with the business of trying to establish a con­ one goal of trying to keep two seats for Allegheny County, gressional reapportionment for this great state of ours, or you one for the suburbs and one for the city, and this plan does should step aside and you should allow the Democrats who that. It keeps a district, the Eighteenth Congressional District, have prepared to do the job for you the opportunity to do that which is a Democratic district, but it is a Democratic district job. I ask for a negative vote on the amendment. that is somewhat similar to the current Eighteenth Congres­ Senator O'PAKE. Mr. President, I, likewise, urge a nega­ sional District that was represented for eight years by a Demo­ tive vote. This amendment is a blatantly political Republican cratic Congressman, for the past two years by a Republican gerrymandering which guarantees a free ticket to Washing­ Congressman. We keep the Fourteenth Congressional Dis­ ton, once again, for 13 Republican incumbent Congressmen. trict, which is essentially the City of Pittsburgh district. What Now, at whose expense is this gerrymandering being done? In the frustrating part is, here in this plan the proposal calls for a the short time we have had to examine this, I have to point out Westmoreland County district. It is not a Republican district. that the people of my district, Berks County, are once again I daresay you have to go pretty far until you can find even any massacred, not quite as bad as the other night. This time their pockets of Republicans in Westmoreland County that would 1594 LEGISLATIVE JOURNAL-SENATE FEBRUARY 3,

enable you to have any Republican strength in that area, but it thinks there might be some politics involved. I would not be is a solid Democratic area. We are not eliminating a Demo­ the least bit surprised. But I do not think our fish on this side cratic congressional seat. Last week we heard that what we of the aisle went for the bait, and maybe they are going to be were doing was adopting a plan for Congressmen. Well, here surprised. They talk about having a new all Democratic dis­ today we are bringing forward a plan which allows for a new trict in western Pennsylvania. The Twentieth District has Democratic district in southwestern Pennsylvania, one that is always been there. It just moved from Gaydos in the south clearly going to be represented by the Democratic Party and it section of Pittsburgh in Allegheny County over to West­ is apparent that we cannot get any support for that plan. I moreland County on this, the plan that they are proposing. have heard the arguments that the gentleman from West­ This is no gift. This is no concession to the Democrats. It is a moreland, Senator Porterfield, made about Congressman joke. Murtha. Well, I can tell Senator Porterfield there are a lot of We talk about the Eighteenth District. Ten years ago people in Pittsburgh, there are a lot of people in Allegheny Pittsburgh in Allegheny County had three Congressmen, and County that would like to be represented by Congressman the Republicans came up with, I could not call it gerryman­ Murtha, but it just is not possible. Congressman Murtha, if he dering because it did not represent a salamander, it looked is going to be in Congress, cannot represent everybody. But it like a horse collar that went all the way around Allegheny appears to me if you look at the configuration of the Twelfth County to try to knock out Doug Walgren. Four times they Congressional District, that Congressman Murtha is going to failed. Doug Walgren won, but two years ago, unfortunately, have a pretty fair chance of remaining in Congress and he will he lost. This is an attempt to shore up the district of the man be there. He will be there to help Westmoreland County and who replaced him, and I do not think that the overwhelming he will be there to help the rest of western Pennsylvania and majority of people in Allegheny County want a Democrat and the state as he has in the past. But we have a plan before us a Republican because the registration is three and a half to that accomplishes some other things. It keeps Washington one Democrat, and that makes no sense. I ask for a negative County whole. It keeps Washington and Greene in one dis­ vote on this plan. trict, and if you are going to have a Westmoreland County Senator LINCOLN. Mr. President, 20 years ago I came District, you cannot have a district that includes West­ into this General Assembly and I came into the House of Rep­ moreland, Fayette, Washington and Greene. You just cannot resentatives. Herb Fineman was the Minority Leader and he have everything. But we have brought a plan forward that I gave one of the most wonderful speeches I have ever heard in believe deserves support from both sides of the aisle. We rec­ my whole life. I was awestruck. I was young and innocent and ognize, at least at this stage, that perhaps we cannot get 26 had not been affected by the partisanship of this business, and Republican votes, but if we have some support from the other I really enjoyed it. Then Harry Bittle, who is a former Repub­ side of the aisle where, in fact, I believe we should, then lican House Member from Franklin County, got up when he perhaps we can reach the milestone that we are a week late in first heard Representative Fineman speak when he first came reaching, and we can pass a congressional redistricting plan in and he said, gee, golly, I wish I could hear that again, and and send it to the House of Representatives for their concur­ then he did again and again and again and again. Well, that is rence. Mr. President, I think this is a fair plan. It is a plan that getting to be similar for me because now I am not innocent I support. It is a plan that I believe the overwhelming number and I am probably still a little naive and not quite as partisan of people in Allegheny County, if given an opportunity to as what people believe I am, but I hope to get that way some view it, would support, and it is a plan which I believe today day. The real thing is, listening to the gentleman from Alle­ deserves support, not just from the Republicans but also from gheny, Senator Fisher, who I had the privilege of serving with Members from the other side of the aisle. in the House and who I have served with here in the Senate Senator SCANLON. Mr. President, although I served in and who I, believe it or not, have a great deal of respect for, I the House with Jack Murtha and he is a very dear friend, I think he is one of the most capable persons on that side of the have yet to meet anybody in Pittsburgh or Allegheny County aisle. But when I hear this over and over again about West­ who would like to be represented by Jack Murtha. We talk moreland County and I hear this over and over again about about fairness. The Democrat registration in Allegheny Jack Murtha, and then the gentleman from Allegheny, County is over 400,000. The Republican registration is about Senator Scanlon, so very capably put into very good words as 120,000 to 125,000. Allegheny County deserves two Congress­ to what happened with Westmoreland County ten years ago men, both Democrat, and this map does not do that. I am and why we are in these circumstances now, but the unfortu­ unimpressed by the sudden concern for Westmoreland nate thing about this is, it is over again. It is deja vu. I am County. The reason Westmoreland County did not have a hearing Senator Fisher and it is the same thing I heard ten Congressman is right on that side of the aisle. Ten years ago years ago, but instead of having a person who won by a fluke when they controlled this Senate and this House they adopted in Santorum, we had Atkinson who was a Democrat and then a plan that ran Don Bailey against Jack Murtha. Therefore, switched parties after he was elected as a Democrat, and that Westmoreland County did not have a Congressman. What happened right before reapportionment. I can remember their motivation is this year in having a concern for West­ President Reagan making commitments and making the moreland County all of a sudden escapes me. However, me phone calls to Senator Hager and the gentleman from Blair, 1992 LEGISLATIVE JOURNAL-SENATE 1595

Senator Jubelirer, that they had made a commitment to this the Republican Party could have held us Democrats at man, that they would protect him under any circumstances. hostage in Allegheny County. You could have put up a fence We went almost three weeks beyond the date that we should or something and you really could have done a good job on have had reapportionment done ten years ago. We were cutting down on registration. That is how sil~y this is. As within two days of being three weeks beyond the day that you Senator Scanlon said, Allegheny County is thre~ and a half to started to file your petitions. Every candidate running for one Democrat. How in the hell are you going to make a Congress ten years ago was delayed until that date to circulate Republican district there? Well, Senator Scanlon is not coun­ petitions. Unfortunately, we have the same circumstances this ting on the ingenuity of some of the people who are drafting year, only it is a determined effort on the part of some people these amendments in the Republican Party in the Republican on the Republican side of this Body to preserve what, in their caucus. Just look at it. I do not know why. There is probably minds, is a district that would be one that Representative up in the northern part of Allegheny, there are some Republi­ Santorum could be competitive in. That is what is wrong with cans up there. I do not know why we just do not make it two­ this plan. That is what is wrong with everything we have seen pronged. We could have made it like ears going around the come from the Republican caucus, their determination to put city there. It would have made a much prettier map, but until something into an area that does not fit. You cannot put a we do this without concern for what the person's name is who round peg in a square hole. You cannot do it and that is what represents the district and try to be fair and try to do this in a this is all about. That is why we are here a week after the manner that will be beneficial to all the 21 congressional dis­ beginning of circulation for petitions, this time not only for tricts in Pennsylvania, until we do that, we are not going to be congressional candidates but for hundreds and hundreds and able to get this done. I think it is a disgrace. I think it was a hundreds of delegates to the national conventions. It affects disgrace ten years ago, and I think it is even worse this time the Republican Party the same as it affects the Democrat because it should be and could be so easily resolved if it were Party on those delegates to the national convention. We are not for the obsession of three or four Senators on that side for causing so much confusion. We are causing so much grief that seat that is held right now by Santorum. That is the whole because people do not know where they are going to be problem. That is the whole thing that is wrong with this whole running. The congressional candidates will be able to handle reapportionment process, and when we finally get past that that because they will have the wherewithal to be able to go hurdle, we probably are going to put together a pretty decent out and get their petitions circulated. If we only gave them plan because there are a lot of good people working on it. two days, most of them could probably do that. But many of Senator HART. Mr. President, as practically a lifelong resi­ the people who are running as a delegate to the national con­ dent of Allegheny County, I feel the need to stand up after ventions are people who are not professional politicians, who hearing the gentleman from Allegheny, Senator Scanlon's are dedicated for one reason or another to a candidate who comment about Allegheny County should have two Demo­ may or may not be an elected Republican or Democrat in any cratic Congressmen. As you may have noticed, and you may capacity, either in a party official or as a public official, and notice if you read the registration for the two districts that are until the Republicans in this Senate look at this in the manner drawn within Allegheny County, neither is a majority Repub­ of trying to get it done without protecting one congressional lican district. The people choose who they elect to that seat. seat in the west, just throw that in the mix, I do not think we The people happened to have chosen a Republican in one of should do anything deliberately to make it more difficult for those seats. To eliminate a suburban seat in Allegheny County Representative Santorum to get reelected. I think we ought to would make it more possible for you to have a more likely do just what Senator Scanlon said, let it come down the way it Democratic seat. My point is that the areas of Allegheny should. Do not worry about, in this map, taking the Twen­ County that have grown are suburban areas. Those areas just tieth District and you edge it in like this little thing that looks happen now to be represented by Congressman Santorum. like a snake going into Allegheny County there that just Our duty in a congressional redistricting process is to draw a happens to pick up a whole pot load of Democrats. In an area plan for the next ten years, not to draw a plan which repre­ where that little tip comes off to the left of the Twentieth Dis­ sents an area as it existed in the last ten years. I think this plan trict there and goes in right around the Fourteenth District, properly represents the future of the area. there are not any Republicans in there. Those are all Demo­ Senator DAWIDA. Mr. President, I have to point out that crats. In fact, what you probably did was you went down the the congressional district in the suburbs that the lady from street and if on the right side there were two Republican fami­ Allegheny County, Senator Hart, referred to was inaccurately lies, you put that in the Eighteenth District. If there were not phrased. The Democrats have indeed proposed a suburban any on the left side, you left them in the Twentieth District. I seat, indeed the center of it is Century Three Mall, which is an mean this is how silly this has gotten. My God, I cannot icon of suburbia that we are proposing. There is no city resi­ believe it when I look at this. You know, that donut is almost dence. The people who live in places like West Mifflin and completely closed this time, and if you can figure it out Elizabeth are suburbanites, clearly identified as suburbanites. somehow to get those Democrats to move a little bit east so The Republican district was identified ten years ago as a ger­ you could have put them in the Twentieth District, you proba­ rymander of classic proportions circling the city and truly is bly would have made a circle right around Pittsburgh. Then not an accurate reflection of the kind of district that should 1596 LEGISLATIVE JOURNAL-SENATE FEBRUARY 3, exist. I believe that the Democratic proposal is a much more defeated, and we should come and deal with the real world appropriate suburban district than the one that is proposed and put together a plan that is fair and equitable to all of the here, which is indeed as it was ten years ago, a classic gerry­ new 21 districts in Pennsylvania. I urge a negative vote on this mander. As I suggested, Century Three Mall is clearly sub­ amendment. urbia and the people who live there are suburbanites and there Senator LOEPER. Mr. President, I was amused somewhat is a city district. Ours is much more fair to, I think, the people by the remarks of my good friend and colleague, the gentle­ of Allegheny County, based on their registration and based on man from Fayette, Chairman Lincoln, who now, as Chair­ their communities of interest. The areas in the South Hills are man of the Democratic State Committee, has become less par­ much closer and more aligned with the suburban districts of tisan, particularly in his debate here before the Senate relative the Mon Valley. To say otherwise is really to be elitist, and I to congressional reapportionment. I think we can determine think the lady was incorrect in her assumption. I suggest we that for ourselves. But I think, Mr. President, it is important defeat the amendment. that we also take some time to clarify the record as far as some Senator STOUT. Mr. President, I rise to oppose this of the issues that we have talked about here today. I think one amendment because this is just a variation of what happened of the previous speakers indicated that there were only four a week ago tonight in the Committee on Rules and Executive districts that had experienced population increases this partic­ Nominations when that committee amended a bill in combin­ ular year since the last reapportionment. However, Mr. Presi­ ing the Fourth District, represented by Joseph Kolter, and the dent, in reviewing the demographic data of the census, it current Twenty-second District, represented by Austin clearly indicates that over ten congressional districts in Penn­ Murphy, into a district that can best be described if one closes sylvania have experienced significant growth in population. their fist and elevates their index finger. This best describes Once again I would reiterate that the two districts that have this new Fourth District, Mr. President, because that comes lost the greatest population are the two districts that are up along two-thirds of the western boundary between Penn­ merged in the west into the Fourth Congressional District, sylvania, West Virginia and Ohio all the way from the out­ where under the Stewart plan or the Democratic plan, the two skirts of Morgantown clear up through the Shenango Valley districts that have experienced the greatest growth or the and up into Mercer County, a district that does not reflect largest growth, both Congressman Walker's and Congress­ how we have been represented in Congress for over 50 years. I man Schulze's Districts, have been merged. So, I think those say that because the Twelfth District in this proposal, repre­ arguments, Mr. President, are inconsistent. In addition, the sented by Jack Murtha, who I, incidentally, served with in the gentleman from Lackawanna, Senator Mellow, expressed in House and was the first Congressman elected following the his remarks some concern about the incumbent Congressman Watergate scandal, this district combines Fayette County in the Tenth District not representing the City of Scranton. which has been with Washington and Greene Counties as part However, our printout indicates that the City of Scranton is of a Congressional District for nearly 50 years and reflects the still represented by Congressman McDade in the Tenth Con­ socioeconomic makeup of that area of coal mines, mill towns gressional District. and rural areas in the extreme southwest corner of our state. Mr. President, finally, I think when we draw focus to the This completely severs Fayette County entirely from Wash­ Westmoreland County issue, whether Westmoreland County ington and Greene County and the Majority Whip who spoke is split up into three different congressional districts or earlier in this debate represents a portion of Washington whether it is placed into one congressional district such as out­ County-Peters Township. Peters Township is removed out lined as the proposed Twentieth District on the amendment of Washington County and placed into the Eighteenth District before us today, I think the Minority Leader, in some of his and primarily that is because of the registration makeup. remarks earlier, indicated that the gentleman from West­ Peters Township is one of the few Republican municipalities moreland had, in fact, voted for a plan and then against a in Washington County. That is conveniently placed in the plan. Mr. President, I think it is important that we just clarify Eighteenth District, but it further violates Washington for the record that my good friend, the gentleman from West­ County by taking ten communities along the Mon Valley area moreland, Senator Porterfield, I think, made it quite clear in from Charleroi clear through California and West floor debate on the 28th of January when he said: " ... To con­ Brownsville and another called the flats area in the Mon tinue to destroy the integrity of, in my opinion, one of the Valley and combines that into Congressman Murtha's district finest areas in Pennsylvania and that is Westmoreland in the Twelfth District centered in Cambria County, some 110 County ... " It goes on, and the Senator indicated that: "It is miles away from that small portion of southeastern Washing­ nice to have gentlemen like Congressman Gaydos, Congress­ ton County. The district continues to be a study in geography. man Murtha and Congressman Kolter who represented us The cartographer who drew this, I guess, just used a ruler and well over the years, but most important we have to look into came up along the western boundary in combining Beaver and the future and this plan represents what will occur during the Lawrence and portions of Mercer County into that district, a next ten years. Will these gentlemen be around or will they district that truly does not represent the will of people in that retire? I think my constituents and the people of West­ area, elected officials who serve those areas to be combined in moreland County deserve to have the opportunity to elect a that manner. This is a further example that this plan should be Congressman from central Westmoreland County to serve the people of Westmoreland." 1992 LEGISLATIVE JOURNAL-SENATE 1597

I think, Mr. President, what we are trying to do and trying On the question, to achieve in the scheme of this particular amendment before Will the Senate agree to the bill on third consideration? us is to create that district for Westmoreland that Senator RECESS Porterfield indicated was so important to that area. Mr. Presi­ dent, I would ask for an affirmative vote. Senator LOEPER. Mr. President, after consultation with Senator MELLOW. Mr. President, I would just like, I the Minority, there are still amendments being prepared for think, to go ahead and make a further clarification. The gen­ both the Majority and Minority. It is anticipated that it will be tleman from Delaware, Senator Loeper, talked about popula­ a while for those amendments to be ready to be offered. tion growth within congressional districts and I was making Therefore, in light of that, Mr. President, I would now ask reference to congressional districts that exceeded 565,000 for a recess of the Senate until7:00 p.m. people, which is the number of people who must reside in a The PRESIDENT. The Chair hears no objection to the congressional district. Of those particular districts in Pennsyl­ request made by the Majority Leader. For the purpose of vania, Mr. President, there are only four. Also, Mr. Presi­ entertaining additional amendments, the Senate will now dent, I think it is important that the record be very clear. I did stand in recess unti17:00 p.m. not state that the City of Scranton is no longer in the Tenth AFTER RECESS Congressional District. I said that by looking at the map that The PRESIDENT. The time of recess having elapsed, the was given to us by the Republican caucus, it was very hard for Senate will be in order. us to tell whether the City of Scranton is or is not in the Tenth Congressional District when we do not have a boundary The PRESIDENT. We are on the order of consideration of guideline. Given the Republican experience, Mr. President, House Bill No. 541. especially in legislative reapportionment and dealing with the And the question recurring, Thirty-first Senatorial District, it is awfully hard for me to tell Will the Senate agree to the bill on third consideration? exactly what they have and have not drawn on maps. Mr. President, I once again request a negative vote on the amend­ PORTERFIELD AMENDMENT I ment. Senator STEWART, on behalf of Senator PORTER­ LEGISLATIVE LEAVES FIELD, by unanimous consent, offered the following amend­ ment No. A0394: Senator MELLOW. Mr. President, I request temporary Capitol leaves for Senator Fattah, Senator Furno and Senator Amend Sec. 2 (Sec. 1801-A), page 17, lines 15 through 30; pages 18 through 25, lines 1 through 30; page 26, lines l through Schwartz. 14, by striking out all of said lines on said pages and inserting: The PRESIDENT. Senator Mellow requests temporary 1 Capitol leaves for Senator Fattah, Senator Furno and Senator Schwartz. The Chair hears no objection. Those leaves will be granted. And the question recurring, Will the Senate agree to the amendment? The yeas and nays were required by Senator LOEPER and were as follows, viz: YEAS-25 Armstrong Hart Loeper Robbins Baker Helfrick Madigan Salvatore Bell Holl Pecora Shaffer Corman Hopper Peterson Shumaker Fisher Jubelirer Punt Tilghman Greenleaf Lemmond Rhoades Wenger Greenwood NAYS-25 Mflerbach Fattah Lynch Scanlon Andrezeski Furno Mellow Schwartz Bel an Jones Musto Stapleton Bodack LaValle O'Pake Stewart Bortner Lewis Porterfield Stout Brightbill Lincoln Reibman Williams Dawida Less than a majority of the Senators having voted "aye," the question was determined in the negative. 1598 LEGISLATIVE JOURNAL-SENATE FEBRUARY 3, 1992 LEGISLATIVE JOURNAL-SENATE 1599

Worcester and the Boroughs of Ambler, Bryn Athyn, Haysville, Heidelberg, Homestead, Monroeville, Munhall, North Collegeville, Conshohocken, Hatboro, Hatfield, Jenkintown, Braddock, Oakmont, Pennsbury Village, Pitcairn, Rankin, Lansdale, Narberth, Norristown, North Wales, Rockledge, Rosslyn Farms, Sewickley Hills, Sharpsburg, Springdale, Schwenksville, Souderton, Trappe and West Conshohocken. Swissvale, Thornburg, Trafford (Allegheny County portion), (14) The Fourteenth District is composed of part of Alle­ Turtle Creek, Verona, Wall, West Mifflin, West View, Whitaker gheny County consisting of the City of Pittsburgh and the Town­ and Wilmerding. ships of Elizabeth, Forward, South Park, South Versailles and (19) The Nineteenth District is composed of all of Adams Stowe and the Boroughs of Avalon, Baldwin, Bellevue, County; part of Cumberland County consisting of the Townships Brentwood, Castle Shannon, Elizabeth, Ingram, Jefferson, of Cooke, Dickinson, Hopewell, Lower Allen, Lower Frankford, Liberty, Lincoln, McKees Rocks, Millvale, Mt. Oliver, Pleasant Lower Mifflin, Middlesex, Monroe, North Middleton, North Hills, Port Vue, Versailles, West Elizabeth, West Homestead, Newton, Penn, Shippensburg, Silver Spring, South Middleton, White Oak, Whitehall and Wilkinsburg. South Newton, Southampton, Upper Allen, Upper Frankford, (15) The Fifteenth District is composed of all of Lehigh Upper Mifflin and West Pennsboro and the Boroughs of Carlisle, County; part of Montgomery County consisting of the Town­ Lemoyne, Mechanicsburg, Mt. Holly Springs, New Cumberland, ships of Douglass, New Hanover, Upper Frederick and Upper Newburg, Newville, Shippensburg (Cumberland County portion) Hanover and the Boroughs of East Greenville, Green Lane, Pen­ and Shiremanstown; and all of York County. nsburg and Red Hill; and all of Northampton County. (20) The Twentieth District is composed of part of Allegheny (16) The Sixteenth District is composed of part of Chester County consisting of the Townships of East Deer, Fawn, Frazer, County consisting of the City of Coatesville and the Townships Harrison, Marshall, Pine, Richland and West Deer and the of Cain, East Bradford, East Brandywine, East Cain, East Boroughs of Brackenridge, Bradford Woods, Plum and Coventry, East Fallowfield, East Goshen, East Marlborough, Tarentum; all of Armstrong County; part of Butler County con­ East Nantmeal, East Nottingham, East Vincent, Elk, Franklin, sisting of the City of Butler and the Townships of Adams, Alle­ Highland, Honeybrook, Kennett, London Britain, London gheny, Buffalo, Butler, Center, Clearfield, Clinton, Concord, Grove, Londonderry, Lower Oxford, New Garden, New Connoquenessing, Cranberry, Donegal, Fairview, Forward, London, Newlin, North Coventry, Penn, Pennsbury, Pocopson, Jackson, Jefferson, Lancaster, Middlesex, Oakland, Parker, Sadsbury, South Coventry, Upper Oxford, Upper Uwchlan, Penn, Summit, Venango and Winfield and the Boroughs of Uwchlan, Valley, Wallace, Warwick, West Bradford, West Bruin, Callery, Cherry Valley, Chicora, Connoquenessing, East Brandywine, West Cain, West Fallowfield, West Goshen, West Butler, Eau Claire, Evans City, Fairview, Harmony, Karns City, Marlborough, West Nantmeal, West Nottingham, West Mars, Petrolia, Saxonburg, Seven Fields, Valencia and Pikeland, West Sadsbury, West Vincent, West Whiteland and Zelienople; part of Fayette County consisting of the Borough of Willistown and the Boroughs of Atglen, Avondale, Downing­ Belle Vernon; part of Washington County consisting of the City town, Elverson, Honey Brook, Kennett Square, Modena, of Monongahela and the Township of Carroll and the Borough Oxford, Parkesburg, South Coatesville, West Chester and West of Donora; and part of Westmoreland County consisting of the Grove; and part of Lancaster County consisting of the City of Cities of Arnold, Greensburg, Jeannette, Lower Burrell, Lancaster and the Townships of Bart, Brecknock, Caernarvon, Monessen and New Kensington and the Townships of Allegheny, Colerain, Drumore, Earl, East Cocalico, East Drumore, East Bell, Hempfield, North Huntingdon, Penn, Rostraver, Earl, East Hempfield, East Lampeter, Eden, Fulton, Lancaster, Sewickley, South Huntingdon, Upper Burrell and Washington Leacock, Little Britain, Manheim, Martie, Paradise, Pequea, and the Boroughs of Adamsburg, Arona, Avonmore, Delmont, Providence, Sadsbury, Salisbury, Strasburg, Upper Leacock, East Vandergrift, Export, Hunker, Hyde Park, Irwin, Madison, Warwick, West Earl and West Lampeter and the Boroughs of Manor, Murrysville, New Stanton, North Belle Vernon, North Adamstown (Lancaster County portion), Christiana, Denver, Irwin, Oklahoma, Penn, Smithton, South Greensburg, South­ East Petersburg, Lititz, Millersville, New Holland, Quarryville, west Greensburg, Sutersville, Trafford (Westmoreland County Strasburg and Terre Hill. portion), Vandergrift, West Leechburg, West Newton and (17) The Seventeenth District is composed of part of Cum­ Youngwood. berland County consisting of the Townships of East Pennsboro (21) The Twenty-first District is composed of part of Butler and Hampden and the Boroughs of Camp Hill, West Fairview County consisting of the Townships of Brady, Cherry, Clay, and Wormleysburg; all of Dauphin County; part of Lancaster Franklin, Marion, Mercer, Muddycreek, Slippery Rock, Wash­ County consisting of the Townships of Clay, Conestoga, Conoy, ington and Worth and the Boroughs of Harrisville, Portersville, East Donegal, Elizabeth, Ephrata, Manor, Mt. Joy, Penn, Prospect, Slippery Rock, West Liberty and West Sunbury; part Rapho, West Cocalico, West Donegal and West Hempfield and of Crawford County consisting of the City of Meadville and the the Boroughs of Akron, Columbia, Elizabethtown, Ephrata, Townships of Beaver, Cambridge, Conneaut, Cussewago, East Manheim, Marietta, Mountville and Mt. Joy; all of Lebanon Fairfield, East Fallowfield, East Mead, Fairfield, Greenwood, County; and part of Perry County consisting of the Townships of Hayfield, North Shenango, Pine, Sadsbury, South Shenango, Buffalo, Carroll, Greenwood, Howe, Juniata, Liverpool, Miller, Spring, Summerhill, Summit, Union, Venango, Vernon, West Oliver, Penn, Rye, Watts and Wheatfield and the Boroughs of Fallowfield, West Mead, West Shenango and Woodcock and the Duncannon, Liverpool, Marysville, New Buffalo and Newport. Boroughs of Blooming Valley, Cambridge Springs, Cochranton, (18) The Eighteenth District is composed of part of Allegheny Conneaut Lake, Conneautville, Linesville, Saegertown, Spring­ County consisting of the Cities of Clairton, Duquesne and boro, Venango and Woodcock; all of Erie County; part of Law­ McKeesport and the Townships of Aleppo, Baldwin, Collier, rence County consisting of the City of New Castle and the Town­ Hampton, Harmar, Indiana, Kennedy, Kilbuck, Leet, ships of Hickory, Neshannock, Perry, Plain Grove, Pulaski, McCandless, Mt. Lebanon, Neville, North Versailles, O'Hara, Scott, Shenango, Slippery Rock, Taylor, Union, Washington, Ohio, Penn Hills, Reserve, Robinson, Ross, Scott, Shaler, Wayne and Wilmington and the Boroughs of Ellport, Ellwood Springdale and Wilkins and the Boroughs of Aspinwall, Bell City (Lawrence County portion), New Wilmington, South New Acres, Ben Avon, Ben Avon Heights, Blawnox, Braddock, Castle and Volant; and all of Mercer County. Braddock Hills, Carnegie, Chalfant, Cheswick, Churchill, On the question, Crafton, Dormont, Dravosburg, East McKeesport, East Pittsburgh, Edgewood, Emsworth, Etna, Forest Hills, Fox Chapel, Franklin Park, Glassport, Glenfield, Green Tree, 1600 LEGISLATIVE JOURNAL-SENATE FEBRUARY 3,

Will the Senate agree to the amendment? on behalf of myself, offered the amendment which is now Senator STEWART. Mr. President, I am offering this on before us, which puts the majority of the Twentieth District behalf of the gentleman from Westmoreland, Senator Porter­ numbers, in particular, in Westmoreland County and gives field, and for the benefit of the Members, there are no Westmoreland County once again the opportunity to have an changes in this amendment from the bill as it is in front of individual run for that office and compete for that office, an you, from the center of the state, for lack of a better descrip~ individual from what I refer to, once again, central West­ tion, east. All of the changes that this amendment addresses moreland, the heart of Westmoreland County-Greensburg, and tries to effectuate are in the western part of the state, the South Greensburg, Southwest Greensburg, Hempfield Town­ Twelfth District, Twentieth District, Fourteenth District, ship, North Huntingdon-people who understand the need to Eighth District, Fourth District and Twenty-first District. The have someone close at home that they can talk to. As we see primary change from the amendments that everyone has been on the map delineated with the amendment, Jack Murtha's seeing earlier is in the area of Westmoreland County as far as district, District Twelve, encompasses several counties. My addressing the concerns of the gentleman from West­ District Twenty would encompass merely four counties and a moreland, Senator Porterfield, in that it creates a West­ part of that fourth in Washington. It does not eliminate moreland based district, and I would urge an affirmative vote. incumbents, nor Democrats, nor Republicans. I look at it as a people's bill, the equality of representation and the ability of RECESS the people from Central Westmoreland to elect an individual Senator LOEPER. Mr. President, this is the first opportu­ who will be able to go forth into Congress and work with the nity we have had to see this amendment and I would ask at statesmen that we now have from western Pennsylvania. I this time that we have the opportunity for a brief recess in urge an affirmative vote. order that the Republican Members can review the amend­ And the question recurring, ment that has been offered by the gentleman from West­ Will the Senate agree to the amendment? moreland, Senator Porterfield. Senator STEWART. Mr. President, I have no objection to LOEPER AMENDMENT NO. A0392 TO a recess. I would simply ask that once the recess is called that PORTERFIELD AMENDMENT A0394 the Democratic Members report to our caucus. Senator LOEPER, by unanimous consent, offered the fol­ Senator LOEPER. Mr. President, if I could ask for all lowing amendment No. A0392 to amendment No. A0394: Republican Members to come immediately to the Rules room Amend Amendments, page 1, lines 5 through 40; pages 2 at the rear of the Senate Chamber for a very brief but impor­ through 5,lines 1 through 59, page 6, lines 1 through 20, by strik­ tant caucus. ing out all of said lines on said pages and inserting: The PRESIDENT. For purposes of Republican and Demo­ (1) The First District is composed of part of Delaware County cratic caucuses to begin immediately, the Senate will stand in consisting of the City of Chester and the Townships of Ridley recess. (Blocks 903 and 919 of 1990 Census Tract 4041.03) and Tinicum and the Borou h of E Philadel hia Count AFTER RECESS consisting of the City ards 1, 2, 5, 7, 8, 11, 13 The PRESIDENT. The time of recess having elapsed, the (Divisions 13, 14, 15, 16, 21, 22, 23, 24 and 25), 14, 15, 16, 18 (Divisions 2, 3, 5, 8, 9 and 14), 19, 20, 26, 28, 29, 30, 32, 36, 37, Senate will be in order. 39, 40 (Divisions 30, 38 and 40), 42, 43, 47, 48 and 49. LEGISLATIVE LEAVES CANCELLED (2) The Second District is composed of part of Delaware County consisting of the Township of Darby Wards 1 and 2 and The PRESIDENT. The Chair recognizes the presence on the Borough of Yeadon; and part of Philadelphia County consist­ the floor of Senator Schwartz and Senator Lewis. Their tem­ ingofthe City of Philadelphia Wards 3, 4, 6, 9, 10, 12, 13 (Divi,.' porary Capitol leaves will be cancelled. sions 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 17, 18, 19 and 20), 17, 21, 22, 24, 27, 34, 38,40 (Divisions 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, And the question recurring, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 31, Will the Senate agree to the amendment? 32,33,34,35,36,37,39,41,42,43,44,45,46,47,48,49,50and 51), 44, 46, 50, 51, 52, 59 and 60. Senator PORTERFIELD. Mr. President, earlier today my (3) The Third District is composed of part of Bucks County colleagues on the other side of the aisle were very generous in consisting of the Township of Bensalem Districts Lower East offering me a district in which we could have congressional (Divisions 2, 3, 4 and 7), Lower Middle, Lower West, Upper and representation without the senior.Congressman Jack Murtha. Upper West; and part of Philadelphia County consisting of the City of Philadelphia Wards 18 (Divisions 1, 4, 6, 7, 10, 11, 12, 13, As I said earlier, Jack has done a terrific job for our area, and 15, 16 and 17), 23, 25, 31, 33, 35, 41, 45, 53, 54, 55, 56, 51, 58, I believe that we need him to lead an individual who might be 61, 62, 63, 64,65 and 66. elected to the Twentieth District to show him the way in (4) The Fourth District is composed of part of Allegheny Washington, D.C., to sort of prep a new Jack Murtha as Jack Conn co · Townshi s of Elizabeth and Forward goes on his way in the next ten or fifteen years. We want to be and the Boroug est Elizabeth and White Oak Districts 4, 6 and 7; all of Beaver County; all of Greene County; assured of excellent representation continuing in the Twen­ all of Lawrence County; part of Mercer County consisting of the tieth District and, in particular, my concern, Westmoreland Cities of Farrell, Hermitage and Sharon and the Township of County. So, the gentleman from Cambria, Senator ~tewart, Shenango and the Boroughs of Sharpsville, West Middlesex and Wheatland; and part of Washington County consisting of the 1992 LEGISLATIVE JOURNAL-SENATE 1601

Cities of Monongahela and Washington and the Townships of (7) The Seventh District is composed of part of Chester Amwell, Blaine, Buffalo, Canton, Carroll, Cecil, Chartiers, County consisting of the City of Coatesville and the Townships Cross Creek, Donegal, East Bethlehem, East Finley, Fallowfield, of Birmingham, East Fallowfield, East Nottingham, Elk, Frank­ Hanover, Hopewell, Independence, Jefferson, Morris, Mt. lin, Highland, Kennett, London Britain, London Grove District Pleasant, North Bethlehem, North Franklin, North Strabane, South, Londonderry, Lower Oxford, New Garden, New London, Nottingham, Robinson, Smith, Somerset, South Franklin, South Penn, Pennsbury, Upper Oxford, Valley, West Fallowfield and Strabane, Union, West Bethlehem and West Finley and the West Nottingham and the Boroughs of Atglen, Avondale, Boroughs of Beallsville, Bentleyville, Burgettstown, Canonsburg, Kennett Square, Modena, Oxford, Parkesburg, South Coatesville Claysville, Cokeburg, Deemston, Donora, Dunlevy, East Wash­ and West Grove; and part of Delaware County consisting of the ington, Ellsworth, Finleyville, Green Hills, Houston, Long Townships of Aston, Bethel, Birmingham, Chester, Concord, Branch, Marianna, McDonald (Washington County portion), Darby Wards 3, 4 and 5, Edgemont, Haverford, Lower Midway, New Eagle, North Charleroi, Twilight, West Alexander Chichester, Marple, Middletown, Nether Providence, Newtown, and West Middletown. Radnor, Ridley (Excluding Blocks 903 and 919 of 1990 Census (5) The Fifth District is composed of part of Berks County Tract 4041.03), Springfield, Thornbury, Upper Chichester, consisting of the City of Reading and the Townships of Albany, Upper Darby and Upper Providence and the Boroughs of Aldan, Alsace, Amity, Brecknock, Caernarvon, Colebrookdale, Cumru, Brookhaven, Chester Heights, Clifton Heights, Collingdale, District, Douglass, Earl, Exeter, Greenwich, Hereford, Long­ Colwyn, Darby, East Lansdowne, Folcroft, Glenolden, swamp, Lower Alsace, Maidencreek, Maxatawny, Oley, Lansdowne, Marcus Hook, Media, Millbourne, Morton, Ontelaunee, Perry, Pike, Richmond, Robeson, Rockland, Norwood, Parkside, Prospect Park, Ridley Park, Rose Valley, Ruscombmanor, Spring, Tilden, Union, Upper Bern, Washing­ Rutledge, Sharon Hill, Swarthmore, Trainer and Upland. ton and Windsor and the Boroughs of Adamstown (Berks (8) The Eighth District is composed of part of Bucks County County portion), Bally, Bechtelsville, Birdsboro, Boyertown, consisting of the Townships of Bedminster, Bensalem District Fleetwood, Hamburg, Kenhorst, Kutztown, Lenhartsville, Lower East (Divisions 1, 5, 6 and 8), Bridgeton, Bristol, Buck­ Lyons, Mohnton, Mt. Penn, Shillington, Sinking Spring, St. ingham, Doylestown, Durham, East Rockhill, Falls, Haycock, Lawrence, Topton, West Lawn, West Reading, Wyomissing and Hilltown, Lower Makefield, Lower Southampton, Middletown, Wyomissing Hills; part of Chester County consisting of the Milford, New Britain, Newtown, Nockamixon, Northampton, Townships of Cain, Charlestown, East Bradford, East Brandy­ Plumstead, Richland, Solebury, Springfield, Tinicum, Upper wine, East Cain, East Coventry, East Goshen, East Makefield, Upper Southampton, Warminster, Warrington, Marlborough, East Nantmeal, East Pikeland, East Vincent, East Warwick, West Rockhill and Wrightstown and the Boroughs of Whiteland, Easttown, London Grove District Chatham, Newlin, Bristol, Chalfont, Doylestown, Dublin, Hulmeville, Ivyland, North Coventry, Pocopson, Schuylkill, South Coventry, Langhorne, Langhorne Manor, Morrisville, New Britain, New Thornbury, Tredyffrin, Upper Uwchlan, Uwchlan, Wallace, Hope, Newtown, Penndel, Perkasie, Quakertown, Warwick, West Bradford, West Brandywine, West Goshen, West Richlandtown, Riegelsville, Sellersville, Silverdale, Telford Marlborough, West Nantmeal, West Pikeland, West Vincent, (Bucks County portion), Trumbauersville, Tullytown and West Whiteland, Westtown and Willistown and the Boroughs of Yardley; and part of Montgomery County consisting of the Downingtown, Elverson, Malvern, Phoenixville, Spring City and Townships of Franconia, Hatfield, Lower Salford, West Chester; and part of Montgomery County consisting of the Marlborough, Salford, Towamencin, Upper Gwynedd Districts 4 Townships of Limerick District 3, Upper Pottsgrove, Upper Pro­ and 5 and Upper Salford and the Boroughs of Hatfield, vidence Districts Mont Clare and Oaks and West Pottsgrove. Souderton and Telford (Montgomery County portion). (6) The Sixth District is composed of part of Armstrong (9) The Ninth District is composed of part of Adams County County consisting of the Townships of Boggs, Bradys Bend, consisting of the Townships of Cumberland, Franklin, Freedom, Cowanshannock, East Franklin, Hovey, Madison, Mahoning, Hamiltonban, Highland, Liberty and Mt. Joy and the Boroughs North Buffalo, Perry, Pine, Rayburn, Redbank, Sugarcreek, of Arendtsville, Carroll Valley, Fairfield and Gettysburg; all of Valley, Washington, Wayne and West Franklin and the Boroughs Bedford County; all of Blair County; part of Clearfield County of Applewold, Atwood, Dayton, Kittanning, Parker City, Rural consisting of the Townships of Beccaria, Bigler, Decatur, Gulich, Valley, South Bethlehem, West Kittanning and Worthington; all Jordan, Knox and Woodward and the Boroughs of Brisbin, of Cameron County; all of Centre County; all of Clarion County; Chester Hill, Coalport, Glen Hope, Houtzdale, Irvona, Osceola part of Clearfield County consisting of the City of Dubois and and Ramey; part of Cumberland County consisting of the Town­ the Townships of Karthaus and Sandy; all of Clinton County; all ships of Hopewell, Lower Frankford, Lower Mifflin, North of Elk County; part of Erie County consisting of the City of Middleton, North Newton, Upper Frankford and Upper Mifflin Corry and the Townships of Amity, Concord, Greenfield, Le and the Boroughs of Newburg and Newville; all of Franklin Boeuf, North East, Union, Venango, Waterford and Wayne and County; all of Fulton County; all of Huntingdon County; all of the Boroughs of Elgin, Mill Village, North East, Union City, Juniata County; all of Mifflin County; all of Perry County; and Waterford and Wattsburg; all of Forest County; part of Indiana all of Snyder County. County consisting of the Townships of Banks, Canoe, East (10) The Tenth District is composed of all of Bradford Mahoning, Grant, Montgomery, North Mahoning, Rayne, South County; part of Lackawanna County consisting of the City of Mahoning and West Mahoning and the Boroughs of Ernest, Glen Scranton and the Townships of Abington, Benton, Glenburn, Campbell, Marion Center, Plumville and Smicksburg; all of Greenfield, La Plume, Newton, North Abington, Ransom, Scott, Jefferson County; all of McKean County; all of Potter County; South Abington and West Abington and the Boroughs of Clarks part of Union County consisting of the Townships of Buffalo, Green, Clarks Summit, Dalton, Moosic, Old Forge, Taylor and Hartley, Kelly, Lewis and West Buffalo and the Boroughs of Vandling; part of Lycoming County consisting of the City of Wil­ Hartleton and Mifflinburg; part of Venango County consisting liamsport and the Townships of Anthony, Brown, Cascade, of the Cities of Franklin and Oil City and the Townships of Alle­ Cogan House, Cummings, Eldred, Fairfield, Gamble, Hepburn, gheny, Cherrytree, Cornplanter, Jackson, Oakland, Oil Creek, Jackson, Lewis, Loyalsock, Lycoming, McHenry, Mcintyre, Pinegrove, Plum, President and Richland and the Boroughs of McNett, Mifflin, Mill Creek, Muncy, Old Lycoming, Piatt, Pine, Cooperstown, Pleasantville, Rouseville and Sugar Creek; and all Plunketts Creek, Porter, Shrewsbury, Susquehanna, Upper Fair­ of Warren County. field, Watson, Wolf and Woodward and the Boroughs of Hughesville, Jersey Shore, Montoursville and Salladasburg; all of 1602 LEGISLATIVE JOURNAL-SENATE FEBRUARY 3,

Monroe County; all of Pike County; all of Sullivan County; all of North Heidelberg, Penn, South Heidelberg, Tulpehocken and Susquehanna County; all of Tioga County; all of Wayne County; Upper Tulpehocken and the Boroughs of Bernville, Centerport, and all of Wyoming County. Laureldale, Leesport, Robesonia, Shoemakersville, Strausstown, (11) The Eleventh District is composed of all of Carbon Temple, Wernersville and Womelsdorf; part of Chester County County; all of Columbia County; part of Lackawanna County consisting of the Townships of Honeybrook, Sadsbury, West consisting of the City of Carbondale and the Townships of Cain and West Sadsbury and the Borough of Honey Brook; all of Carbondale, Clifton, Covington, Elmhurst, Fell, Jefferson, Lancaster County; and part of Lebanon County consisting of the Lehigh, Madison, Roaring Brook and Spring Brook and the City of Lebanon and the Townships of Annville, Heidelberg, Boroughs of Archbald, Blakely, Dickson City, Dunmore, Jackson, Millcreek, North Cornwall, South Annville, South Jermyn, Jessup, Mayfield, Moscow, Olyphant and Throop; all of Londonderry and West Cornwall and the Boroughs of Cleona, Luzerne County; and part of Northumberland County consisting Cornwall, Mt. Gretna, Myerstown and Richland. of the City of Shamokin and the Townships of Coal, East (17) The Seventeenth District is composed of all of Dauphin Cameron, Mt. Carmel, Upper Mahanoy and West Cameron and County; part of Lebanon County consisting of the Townships of the Boroughs of Kulpmont, Marion Heights and Mt. Carmel. Bethel, East Hanover, North Annville, North Lebanon, North (12) The Twelfth District is composed of part of Armstrong Londonderry, South Lebanon, Swatara, Union and West County consisting of the Townships of Bethel, Burrell, Cadogan, Lebanon and the Boroughs of Jonestown and Palmyra; part of Gilpin, Kiskiminetas, Kittanning, Manor, Parks, Plumcreek, Lycoming County consisting of the Townships of Armstrong, South Bend and South Buffalo and the Boroughs of Apollo, Bastress, Brady, Clinton, Franklin, Jordan, Limestone, Elderton, Ford City, Ford Cliff, Freeport, Leechburg, Man­ Moreland, Muncy Creek, Nippenose, Penn and Washington and orville and North Apollo; all of Cambria County; part of Clear­ the :Boroughs of Duboistown, Montgomery, Muncy, Picture field County consisting of the Townships of Bell, Bloom, Boggs, Rocks and South Williamsport; all of Montour County; part of Bradford, Brady, Burnside, Chest, Cooper, Covington, Fer­ Northumberland County consisting of the City of Sunbury and guson, Girard, Goshen, Graham, Greenwood, Huston, Law­ the Townships of Delaware, East Chillisquaque, Jackson, rence, Morris, Penn, Pike, Pine and Union and the Boroughs of Jordan, Lewis, Little Mahanoy, Lower Augusta, Lower Burnside, Clearfield, Curwensville, Grampian, Lumber City, Mahanoy, Point, Ralpho, Rockefeller, Rush, Shamokin, Turbot, Mahaffey, New Washington, Newburg, Troutville, Wallaceton Upper Augusta, Washington, West Chillisquague and Zerbe and and Westover; all of Fayette County; part of Indiana County the Boroughs of Herndon, McEwensville, Milton, North­ consisting of the Townships of Armstrong, Blacklick, Brush umberland, Riverside, Snydertown, Turbotville and Valley, Buffington, Burrell, Center, Cherryhill, Conemaugh, Watsontown; all of Schuylkill County; and part of Union County East Wheatfield, Green, Pine, Washington, West Wheatfield, consisting of the Townships of East Buffalo, Gregg, Limestone, White and Young and the Boroughs of Armagh, Blairsville, Union and White Deer and the Boroughs of Lewisburg and New Cherry Tree, Clymer, Creekside, Homer City, Indiana, Berlin. Jacksonville, Saltsburg and Shelocta; all of Somerset County; (18) The Eighteenth District is composed of part of Allegheny and part of Washington County consisting of the Township of County consisting of the Townships of Aleppo, Baldwin, Collier, West Pike Run and the Boroughs of Allenport, California, Cen­ Crescent, Findlay, Frazer, Hampton, Harmar, Indiana, Kilbuck, terville, Charleroi, Coal Center, Elco, Roscoe, Speers, Stockdale Leet, Marshall, McCandless, Moon, Mt. Lebanon, Neville, and West Brownsville. North Fayette, O'Hara, Ohio, Penn Hills Wards 3 (Divisions 1, (13) The Thirteenth District is composed of part of 2, 4 and 6), 4, 5, 6, 7, 8 and 9 (Divisions 1, 2, 3 and 4), Pine, Montgomery County consisting of the Townships of Abington, Richland, Robinson, Ross, Scott, Shaler, South Fayette, South Cheltenham, East Norriton, Horsham, Limerick Districts 1 and Park, Upper St. Clair and West Deer and the Boroughs of Aspi­ 2, Lower Frederick, Lower Gwynedd, Lower Merion, Lower nwall, Avalon, Bell Acres, Bellevue, Ben Avon, Ben Avon Moreland, Lower Pottsgrove, Lower Providence, Montgomery, Heights, Bethel Park, Bradford Woods, Brentwood, Bridgeville, Perkiomen, Plymouth, Skippack, Springfield, Upper Dublin, Carnegie, Castle Shannon, Churchill, Coraopolis, Crafton, Upper Gwynedd Districts 1, 2 and 3, Upper Merion, Upper Edgeworth, Emsworth, Fox Chapel, Franklin Park, Glenfield, Moreland, Upper Providence Districts Mingo and Trappe, West Green Tree, Haysville, Heidelberg, Jefferson, Leetsdale, Norriton, Whitemarsh, Whitpain and Worcester and the McDonald (Allegheny County portion), Oakdale, Oakmont, Boroughs of Ambler, Bridgeport, Bryn Athyn, Collegeville, Con­ Osborne, Pennsbury Village, Pleasant Hills, Rosslyn Farms, shohocken, Hatboro, Jenkintown, Lansdale, Narberth, Nor­ Sewickley, Sewickley Heights, Sewickley Hills, Thornburg, ristown, North Wales, Pottstown, Rockledge, Royersford, Verona, West View and Whitehall; and part of Washington Schwenksville, Trappe and West Conshohocken. County consisting of the Township of Peters. (14) The Fourteenth District is composed of part of Alle­ (19) The Nineteenth District is composed of part of Adams gheny County consisting of the Cities of Duquesne and County consisting of the Townships of Berwick, Butler, Cone­ Pittsburgh and the Townships of Kennedy, Penn Hills Wards 1, wago, Germany, Hamilton, Huntington, Latimore, Menallen, ' 2, 3 (Divisions 3 and 5) and 9 (Division 5), Reserve, Stowe and Mt. Pleasant, Oxford, Reading, Strahan, Tyrone and Union and Wilkins and the Boroughs of Baldwin, Blawnox, Braddock, the Boroughs of Abbottstown, Bendersville, Biglerville, Braddock Hills, Chalfant, Dormont, East Pittsburgh, Bonneauville, East Berlin, Littlestown, McSherrystown, New Edgewood, Etna, Forest Hills, Homestead, Ingram, McKees Oxford and York Springs; part of Cumberland County consisting Rocks, Millvale, Mt. Oliver, Munhall, North Braddock, Rankin, of the Townships of Cooke, Dickinson, East Pennsboro, Sharpsburg, Swissvale, West Homestead, West Mifflin Districts Hampden, Lower Allen, Middlesex, Monroe, Penn, Ship­ 2, 3, 4, 9 and 15, Whitaker and Wilkinsburg. pensburg, Silver Spring, South Middleton, South Newton, South­ (15) The Fifteenth District is composed of all of Lehigh ampton, Upper Allen and West Pennsboro and the Boroughs of County; part of Montgomery County consisting of the Town­ Camp Hill, Carlisle, Lemoyne, Mechanicsburg, Mt. Holly ships of Douglass, New Hanover, Upper Frederick and Upper Springs, New Cumberland, Shippensburg (Cumberland County Hanover and the Boroughs of East Greenville, Green Lane, Pen­ portion), Shiremanstown, West Fairview and Wormleysburg; nsburg and Red Hill; and all of Northampton County. and all of York County. (16) The Sixteenth District is composed of part of Berks (20) The Twentieth District is composed of part of Allegheny County consisting of the Townships of Bern, Bethel, Centre, County consisting of the Cities of Clairton and McKeesport and Heidelberg, Jefferson, Lower Heidelberg, Marion, Muhlenberg, the Townships of East Deer, Fawn, Harrison, North Versailles, 1992 LEGISLATIVE JOURNAL-SENATE 1603

South Versailles and SErin~:~dale and the Borou~:~hs of been one of the toughest experiences for me in terms of my Bracke~rid~:~e, C~eswick, Dravosbur~:~, East McKeesEort, Glass- service here in the Pennsylvania Senate. I have been here long EOrt, Ltbert~, Lmcoln, Monroeville, Pitcairn, Plum Port Vue enough that I have a fair sense of what the process is all about SErinsdale, Tarentum, Trafford {Alle~:~hen~ Countl EOrtion}: Turtle Creek, Versailles, Wall, West Mifflin Districts 1, 5, 6, 7, 8, and I guess part of the trick in this world is to know when to 10, 11, 12, 13, 14, 16, 17, 18, 19,20 and 21, White Oak Districts stand and fight and when to gather up your losses and when 1, 2, 3 and 5 and Wilmerdin~:~; and all of Westmoreland Count~. to, perhaps, punt. My commitment in these proceedings has {21} The Twent~-first District is comEosed of all of Butler been identical to the commitment of the gentleman from Count~; all of Crawford Count~; Eart of Erie Count~ consisting Berks, Senator O'Pake, which is to keep Berks County whole. of .th~ Cit~ of Erie and the TownshiEs of Conneaut, Elk Creek, F arrvtew, Franklin, Girard, Greene, Harborcreek, Lawrence More than that, my commitment has been to provide a con- p ark, McKean, Millcreek, SEringfield, Summit and Washing!on gressional district, whether we call it the Fifth or the Sixth or and the Boroughs of Albion, Cranesville, Edinboro Fairview some other number, that someone from Berks County can G irard, Lake City, McKean, Platea and Wesleyvilie; Eart of win. I think that Berks County deserves and needs to have a M ercer Count~ consisting of the TownshiES of CoolsEring, Deer representative in our Congress. I have offered a plan-and I c reek, Delaware, East Lackawannock, Fairview, Findle~, French c reek, Greene, HemEfield, Jackson, Jefferson, Lackawannock am a Republican-that totally eliminated from consideration L ake, Li~ert~, Millcreek, New Vernon, Otter Creek, Perry, Pine: in the Congress the representative who presently represents p ~matunms, Salem, Sand~ Creek, Sand~ Lake, South York County who is the ranking Republican on the House p ~matuning, SEringfield, Sugar Grove, West Salem, Education Committee. My recollection is that there were 22 w ilmin~ton, Wol~ Creek and Worth and the Boroughs of Clark, Republicans who voted with me on that plan. I have gone to F redoma, Greenville, Grove Cit~, Jackson Center, Jamestown, bat for my constituents. To quote myself to one of my constit- M ercer, New Lebanon, Sand~ Lake, Sheakleyville and st?neboro; and E~ of Venango Count~ consisting of the Town- uents this evening, "I am out of tricks." I do not know what shiES of Canal, Chnton, Cranberr~, Frenchcreek, Irwin, Mineral, else to do as a Legislator. I do not know what else to offer. I R ockland, ~and~:reek, ~crubgrass and Victory and the Boroughs know that if I offered the so-called Brightbill amendment that 0 f Barkeyvtlle, Chntonvllle, Emlenton, Polk and Utica. we offered several days ago that I would not get as many votes On the question, from this caucus, from the Republican caucus, as I got at that Will the Senate agree to the amendment to the amendment? time. I voted against my caucus on Thursday because I just Senator LOEPER. Mr. President, this amendment is essen- had to do what I had to, but I have responsibilities that tran- scend sitting here and continuing to vote "no," and one of t ially an additional plan that we would call alternate b-1. The those responsibilities is to keep this process moving. I have al ternate b-1 plan is similar to the plan that was put forth e arlier today except it has some enhancements to it, Mr. Presi- every belief that the plan that I am going to vote for today is d ent, from what we saw earlier, particularly in the east, into going to pass, and I am .going to vote for it on final passage the districts, the areas of largest growth and the Fifth District and I believe that it is going to go to the House and, absent some kind of agreement, it is going to go to conference. So the in Chester and Berks Counties. It enhances the Berks County war is not over yet, but it is important that we move the p opulation in that district. In Allegheny it changes some of the municipal boundaries that are included in the various con- process. We do not have forever to sit around up here and g ressional districts in Allegheny County, and, once again, in deliberate plans. We have to get off the dime and make a deci- sion, and that is exactly what I am doing. Now I voted against m Y view, Mr. President, it also enhances and makes West- a similar plan to this one earlier today because I thought that m oreland County whole. Then, I think, as we just heard from th e gentleman from Westmoreland, Senator Porterfield, with Berks County was getting the short end of the stick once his amendment he was trying to improve the position of West- again. I am not thrilled with what we have in front of us, but I will say this, in this plan in the Fifth Congressional District, m oreland County as far as a congressional seat. Once again the plan and amendment before us makes the Westmoreland Berks County has a population of 277,000 people, whereas c ounty seat whole, and I would ask, Mr. President, for an Chester County has 276,455 people. So roughly between the two counties it is 50-50 with Montgomery County holding in affirmative vote on the amendment. 12,363 population. So this is roughly a 50-50 split between the Senator O'PAKE. Mr. President, I would urge a "no" two counties. I have not talked to the gentleman from VOte. This again butchers Berks County. I do not want to Chester, Senator Baker, about this but I am judging that this bring my bin of mail up again, but 10,000 people are going to want to know why anyone on the Republican side, or anyone is no bed of roses for Senator Baker from Chester County. Our two counties start off in the Fifth Congressional District fo r that matter, could vote for a bill that deprives Berks c ounty of a congressional vote and voice for the next ten on equal footing in terms of population. I cannot tell you ye ars and ad infinitum. So there is very little change. Berks where it is going to end up. I did hear a lot of talk on this floor County is dismembered, and on that basis alone I would urge as though we are divvying up U.S. House seats like they are ours or like they are the Democratic Party's or the Republican the same vote that we saw when this amendment was pre- Party's. The one thing we ought to remember about this se nted a few hours ago, "no." Senator BRIGHTBILL. Mr. President, I will try to be process is that these are the people's seats no matter what we do, and in terms of people, this seat is split between Berks and brief. I have not spoken during these deliberations and I will Chester Counties. I am going to vote for it. I am not going to sh are with my colleagues in the Senate that this has probably 1604 LEGISLATIVE JOURNAL-SENATE FEBRUARY 3,

like it. I am going to vote for it in final passage and I am not he said that we look at these districts like they belong to going to like it. But I think it is time to move this process certain individuals or certain people or incumbent Senators, along. It is time we send a bill to the House, because it is and they do not. Just like House districts and state Senate dis­ important that we as the General Assembly get our act tricts, I think at best we are tenants who have the privilege of together and pass this and we do not abrogate our responsibil­ holding these offices for a period of time. But there are com­ ities to the Pennsylvania courts or to the. federal courts. I munities of interest out there that surpass personalities, and think there is room for compromise. I think we could have the York and Adams Counties community of interest is one done a better job, Mr. President, but I think the time is now that has been together for a long, long time. I am not going to to send this bill along the road. say a lot on this point. I am going to vote "no." I would also Senator O'PAKE. Mr. President, I am very disappointed to certainly hope that my colleague across the aisle, the gentle­ hear the preceding remarks. I have publicly praised the politi­ man from Fr<~:nklin, Senator Punt, who represents Adams cal courage of my colleague who shares Berks County with me County and who was elected by the people of Adams County here in the state Senate. It appears to me that the Republican to look out for their interests, will also vote "no" on dividing Party is about to sell the people of Berks County down the up Adams County into two congressional districts. You look river. This dismembers the Sixth Congressional District which at that map and there is no reason to do that. It is not neces­ disappears from the map of Pennsylvania, and I frankly do sary to get a plan that. can pass this Senate or to pass this not know how the Republican Party is going to answer to the House. The only reason to divide that up is to satisfy some thousands and thousands of people of Berks County who, particular Congressmen who have their own ideas of who they regardless of political affiliation, have supported a plan to want to represent and what they want to represent. That is keep Berks County intact. The gentleman asks what? He is wrong and we ought to vote "no" for that reason alone. out of tricks. He does not know what more to do. May I Senator PORTERFIELD. Mr. President, in reviewing this respectfully suggest that there are any number of Democratic amendment, it does nothing more than place, basically, our plans that have been introduced that can be introduced that reapportionment for congressional seats back to the way it give the people of Berks County what they rightfully are enti­ was several times today. I voiced many opinions on this, and tled to and that is a vote and a voice in the Congress of the basically what it does is it eliminates once again at least two United States for the next ten years. Mr. President, I urge a Democratic Congressmen. That is a concern of mine. I think "no" vote on this amendment just as we voted it down a few if we are going to act fairly on reapportionment of Pennsyl­ hours ago. vania that we should end up with an equal number, and the Senator BELL. Mr. President, I do not think anybody in Republicans should lose one and we as Democrats should lose this Chamber is injured as much as my district. I am not a one. That is fair play. What this does and what the other side Philadelphia basher, but to ship 50,000 people from my dis­ of the aisle has been doing is something that I have said in trict into a Philadelphia Congressional District is not sidebar conversation many times in the last couple of days, pleasant. We are sitting here playing a chess game. We are and that is they are giving me a nice big piece of the pie. The playing a chess game and a number of the Senators are pawns. only problem is, Mr. President, that the fruit is rotten. Well, I warn this Senate, if we do not do something tomorrow Senator MELLOW. Mr. President, may. we be at ease for a morning, you may be out of the ball game. We have two moment. federal courts nipping on our heels and there is federal juris­ The PRESIDENT. The Senate will be at ease. diction. When the federal judges realize we are playing games (The Senate was at ease.) in this Chamber, we will not have to worry about reapportion­ AMENDMENT WITHDRAWN ment. They will do it for us. Now, I am going to vote for this plan to get this to a conference committee, and I hope to God Senator PORTERFIELD. Mr. President, you know I do the conference committee is more mature than some of the not often get up to speak on the floor, and I usually try to plays that I have witnessed in this Chamber. It is time to stop work out the things that are for the betterment of the people playing childish games. We are in the eleventh hour, and I cer­ of Pennsylvania in my district within conversation among tainly hope we do not wake up tomorrow morning to find the Senators within our committees, et cetera. This is not one of eastern district or the central district of the federal court has those particular instances in which that could be accom­ taken jurisdiction and they will say, little boys and little girls, plished. I took this very much to heart last week when I was go back home and play your childish games. attacked by the newspaper in my district, by the Republican Senator BORTNER. Mr. President, I will be brief. I am Party in my district, by the Republican Party across the aisle, going to vote "no" on this plan for the very simple reason and any time someone personally assaults me, I believe when that it accomplishes what has been a fault or flaw, I think, in it comes to a set of circumstances like this, they are insulting some previous plans. It divides Adams County into two sec­ many people in my district as well. So, when I analyzed what tions. York County and Adams County have been part of the was happening to me and looking at the number crunching Nineteenth Congressional District, I suspect, for as long as that happened here, it was happening within a computer. So anybody can remember. I think the gentleman from Lebanon, when we departed here last Thursday evening, I took it upon Senator Brightbill, made a good point in his argument when myself to take with me the numbers from the entire state, every precinct, every borough, every city, every township 1992 LEGISLATIVE JOURNAL-SENATE 1605 within this entire state. I went home, and with the aid of my Cross Creek, Donegal, East Bethlehem, East Finley, Fallowfield, wife and another assistant, I began hand calculating the reap­ Hanover, Hopewell, Independence, Jefferson, Morris, Mt. North Strabane, portionment plan which I have submitted here. Not too many Pleasant, North Bethlehem, North Franklin, Nottingham, Robinson, Smith, Somerset, South Franklin, South people, I do not believe, since prior to computers in the Strabane, Union, West Bethlehem and West Finley and the Senate, have done that, and I doubt very much if anyone in Boroughs of Beallsville, Bentleyville, Burgettstown, Canonsburg, this Body has taken it upon themselves to sit down and see if Claysville, Cokeburg, Deemston, Donora, Dunlevy, East Wash­ the numbers on the computer generated lists are even correct. ington, Ellsworth, Finleyville, Green Hills, Houston, Long When you say computers do not make errors, you are abso­ Branch, Marianna, McDonald (Washington County portion), Midway, New Eagle, North Charleroi, Twilight, West Alexander lutely correct. The people who put the information in the and West Middletown. computers make the errors. So, after all that deliberation and (5) The Fifth District is composed of part of Berks County all that work, I left home very early this morning and brought consisting of the City of Reading and the Townships of Albany, that information to Harrisburg so I could have an amendment Alsace, Amity, Brecknock, Caernarvon, Colebrookdale, Cumru, District, Douglass, Earl, Exeter, Greenwich, Hereford, Long­ drafted so I could get a vote on my amendment to show the swamp, Lower Alsace, Maidencreek, Maxatawny, Oley, people of my district that I cared more than anyone would Ontelaunee, Perry, Pike, Richmond, Robeson, Rockland, even think and care in their district, to have it brought here Ruscombmanor, Spring, Tilden, Union, Upper Bern, Washing­ and wait until this hour to introduce it, and then to have the ton and Windsor and the Boroughs of Adamstown (Berks other side of the aisle introduce an amendment to my amend­ County portion), Bally, Bechtelsville, · Birdsboro, Boyertown, Hamburg, Kenhorst, Kutztown, Lenhartsville, ment. Based on that, Mr. President, I withdraw my amend­ Fleetwood, Lyons, Mohnton, Mt. Penn, Shillington, Sinking Spring, St. ment. Lawrence, Topton, West Lawn, West Reading, Wyomissing and And the question recurring, Wyomissing Hills; part of Chester County consisting of the Townships of Cain, Charlestown, East Bradford, East Brandy­ Will the Senate agree to the bill on third consideration? wine, East Cain, East Coventry, East Goshen, East LOEPER AMENDMENT III Marlborough, East Nantmeal, East Pikeland, East Vincent, East Whiteland, Easttown, London Grove District Chatham, Newlin, Senator LOEPER, by unanimous consent, offered the fol­ North Coventry, Pocopson, Schuylkill, South Coventry, lowing amendment No. A0391: Thornbury, Tredyffrin, Upper Uwchlan, Uwchlan, Wallace, Warwick, West Bradford, West Brandywine, West Goshen, West Amend Sec. 2 (Sec. 1801-A), page 17, lines 15 through 30; Marlborough, West Nantmeal, West Pikeland, West Vincent, pages 18 through 25, lines 1 through 30; page 26, lines 1 through West Whiteland, Westtown and Willistown and the Boroughs of 14, by striking out all of said lines on said pages and inserting: Downingtown, Elverson, Malvern, Phoenixville, Spring City and (1) The First District is composed of part of Delaware County West Chester; and part of Montgomery County consisting of the consisting of the City of Chester and the Townships of Ridley Townships of Limerick District 3, Upper Pottsgrove, Upper Pro­ (Blocks 903 and 919 of 1990 Census Tract 4041.03) and Tinicum vidence Districts Mont Clare and Oaks and West Pottsgrove. and the Borough of Eddystone; and part of Philadelphia County (6) The Sixth District is composed of part of Armstrong consisting of the City of Philadelphia Wards 1, 2, 5, 7, 8, 11, 13 County consisting of the Townships of Boggs, Bradys Bend, (Divisions 13, 14, 15, 16, 21, 22, 23, 24 and 25), 14, 15, 16, 18 Cowanshannock, East Franklin, Hovey, Madison, Mahoning, (Divisions 2, 3, 5, 8, 9 and 14), 19, 20, 26, 28, 29, 30, 32, 36, 37, North Buffalo, Perry, Pine, Rayburn, Redbank, Sugarcreek, 39,40 (Divisions 30, 38 and 40), 42, 43, 47,48 and 49. Valley, Washington, Wayne and West Franklin and the Boroughs (2) The Second District is composed of part of Delaware of Applewold, Atwood, Dayton, Kittanning, Parker City, Rural County consisting of the Township of Darby Wards 1 and 2 and Valley, South Bethlehem, West Kittanning and Worthington; all the Borough of Yeadon; and part of Philadelphia County consist­ of Cameron County; all of Centre County; all of Clarion County; ing of the City of Philadelphia Wards 3, 4, 6, 9, 10, 12, 13 (Divi­ part of Clearfield County consisting of the City of Dubois and sions 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 17, 18, 19 and 20), 17, 21, the Townships of Karthaus and Sandy; all of Clinton County; all 22, 24, 27, 34, 38,40 (Divisions 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, of Elk County; part of Erie County consisting of the City of 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 31, Corry and the Townships of Amity, Concord, Greenfield, Le 32,33,34,35,36,37,39,41,42,43,44,45,46,47,48,49,50and Boeuf, North East, Union, Venango, Waterford and Wayne and 51), 44, 46, 50, 51, 52, 59 and 60. the Boroughs of Elgin, Mill Village, North East, Union City, (3) The Third District is composed of part of Bucks County Waterford and Wattsburg; all of Forest County; part of Indiana consisting of the Township of Bensalem Districts Lower East County consisting of the Townships of Banks, Canoe, East (Divisions 2, 3, 4 and 7), Lower Middle, Lower West, Upper and Mahoning, Grant, Montgomery, North Mahoning, Rayne, South Upper West; and part of Philadelphia County consisting of the Mahoning and West Mahoning and the Boroughs of Ernest, Glen City of Philadelphia Wards 18 (Divisions 1, 4, 6, 7, 10, 11, 12, 13, Campbell, Marion Center, Plumville and Smicksburg; all of 15, 16 and 17), 23, 25, 31, 33, 35, 41, 45, 53, 54, 55, 56, 57, 58, Jefferson County; all of McKean County; all of Potter County; 61, 62, 63, 64, 65 and 66. part of Union County consisting of the Townships of Buffalo, (4) The Fourth District is composed of part of Allegheny Hartley, Kelly, Lewis and West Buffalo and the Boroughs of County consisting of the Townships of Elizabeth and Forward Hartleton and Mifflinburg; part of Venango County consisting and the Boroughs of Elizabeth, West Elizabeth and White Oak of the Cities of Franklin and Oil City and the Townships of Alle­ Districts 4, 6 and 7; all of Beaver County; all of Greene County; gheny, Cherrytree, Cornplanter, Jackson, Oakland, Oil Creek, all of Lawrence County; part of Mercer County consisting of the Pinegrove, Plum, President and Richland and the Boroughs of Cities of Farrell, Hermitage and Sharon and the Township of Cooperstown, Pleasantville, Rouseville and Sugar Creek; and all Shenango and the Boroughs of Sharpsville, West Middlesex and of Warren County. Wheatland; and part of Washington County consisting of the (7) The Seventh District is composed of part of Chester Cities of Monongahela and Washington and the Townships of County consisting of the City of Coatesville and the Townships Amwell, Blaine, Buffalo, Canton, Carroll, Cecil, Chartiers, of Birmingham, East Fallowfield, East Nottingham, Elk, Frank- 1606 LEGISLATIVE JOURNAL-SENATE FEBRUARY 3, 1992 LEGISLATIVE JOURNAL-SENATE 1607

On the question, Will the Senate agree to the amendment? Senator LOEPER. Mr. President, this is exactly the same amendment that I had just offered as an amendment to the amendment of the gentleman from Westmoreland, Senator Porterfield, and, essentially, it accomplishes the same goals and changes as I outlined earlier. However, Mr. President, I think it is interesting to note that when we listen to some of the debate that has come before the Chamber this evening as far as various plans that are before it and the motivations of various Members, I think it is important that one thing we realize is during this process there has only been one side of the aisle that has forced their Members to change votes after an amendment has been put up on the floor, and it has not been this side of the aisle. Our Members have been consistent in their positions and what they have voted for and the amendments that they believe are in the best interests of their districts. I think when I heard the gentleman from Berks chastise a Member of this side, indicating that maybe there was more that he could have done, I think tqat one thing we have ~,ot seen is any amendment from the ~entleman from Berks o try and alleviate the situation that he purports creates such a ardship. Yet, contrary to that, what we have seen on a consistent basis is the gentleman from Lebanon, Senator Brightbill, outlining his position, trying to clarify it, trying to fight for the constituency that he represents in his district, and I would ask, Mr. President, once again, that we have an affir­ mative vote on the amendment before us. Senator MELLOW. Mr. President, if I were not here over the last week and a half or so to listen to the debate, I would have to wonder what type of pressure did the Democrat Party place on its Members to go ahead and to get ~'!:tern to change their votes. As the gentleman from Delaware, Senator Loeperj stated, they1did not do that. Perhaps ~enator Loe~r has a short memory, in what took place with the gentleman 1608 LEGISLATIVE JOURNAL-SENATE FEBRUARY 3, from Bucks County, Senator Greenwood, when he voted one Government-would align Berks County with Chester way for the amendment on one day and. the gentleman from County. Berks County does not share the same common inter­ Lebanon, Senator Brightbill, voted against it last week and ests with Chester that it does with Schuylkill. Great differ­ then when we offered the amendment on Thursday, Senator ences exist and partial interests would arise, inhibiting our Greenwood voted "no" on the exact same amendment and growth, our progress and our government. Senator Brightbill voted for it. Perhaps the gentleman is a Dismantling the Sixth Congressional District will not give little confused as to the chain of events that took place last Berks County the representation or attention we deserve in week. I realize that we did spend a lot of time in discussion, Washington, D.C. The current legislative proposals would, in and it is very easy to try to misplace those things. But I think it effect, split the district into two separate entities, each with its would be unfortunate, and I do not believe the gentleman own interest and goals. They go on to say, Mr. President, that would want to mislead the Members of the Senate and leave a this is not Congressman Yatron's district. This district statement like that unanswered. I think, Mr. President, what belongs to the 350,000 interested citizens who live in Berks we have is bigger than that. I think it is bigger and it is more County. It is kind of ironic because the things that we have important than what Senator Loeper has stated to us because discussed here on this floor would represent the preservation I had the opportunity of reading the headlines that have of those interests. As I said, I congratulated Senator Brightbill appeared in the newspapers and I read a headline in the news­ for his willingness to stand up to his leadership and to vote for paper that appeared, I believe, on Friday, and the headline the interests of the people who he represents, the same that is said, "Senator Brightbill saves the day for Berks County." I reflected in the Reading Eagle of January 28, 1992, when it do not find any fault with Senator Brightbill wanting to said "Panel Backs Scrapping 6th District, Brightbill Vows change his position. In fact, I kind of agonize with Senator Senate Fight To Save Congressional District." Mr. President, Brightbill because earlier this evening I praised him for having there are 10,000 people who live in Berks County who have the courage and conviction to stand up to his leadership and taken the time to write, to correspond, to communicate, if to go ahead and do what he felt in his heart is right for the you will, with the gentleman from Berks, Senator O'Pake. people of Berks County who he represents, because in Senator Those 10,000 people also communicated with Senator Bright­ Brightbill wanting to maintain the integrity of the Sixth Con­ bill and with other Members of the Senate. Those same 10,000 gressional District, and most importantly the County of people, Mr. President, who are reflected right here in this Berks, he was supporting those individuals, Mr. President, mailing bin from the United States mail, these people, Mr. who represent the Berks County Senior Citizens Council. He President, put a 29-cent stamp on their letters so· that they was supporting the Berks County Chamber of Commerce. could communicate with the Republican Party in the Senate Mr. President, he was supporting the Berks County Labor and also with the Democratic Representatives, that we want to Council, the Medical Society and the Berks County League of maintain the integrity of the Sixth Congressional District and Women Voters. He was also, Mr. President, supporting the maintain Berks County as a whole congressional district. Berks County Voters for an Effective Government. If I can, I There is letter after letter, Mr. President, over 10,000 of them would like to let the record reflect that because I realize full right here and they paid 29¢ per envelope to send it. It has well when this vote is going to be taken, the 26 Members who been suggested before that perhaps certain individuals are pre­ walk to the beat of the same drummer are going to follow that pared to go ahead and to fall on their sword for their Republi­ drummer regardless what the people in their districts want. can leadership. I do not really think that is the case, Mr. Presi­ But the Berks County Voters for Effective Government put dent. I think it is more like taking the sword out, splitting the out a position paper and it is entitled "The Preservation of heart of Berks County and cutting it right down the middle, so our Sixth Congressional District," and it lists a number of as to provide a vote to support the Republican leadership in reasons why, and I think it is important tonight that we talk the Senate. Mr. President, this is not the type of government about the reasons as to why they are listed. of which we have been elected to bring to the people of Penn­ It says first, Berks County is one of the only five growth sylvania and, as I said before, I agonize with the things that counties in the state, according to the 1990 Census. Congres­ the gentleman from Lebanon, Senator Brightbill, has had to sional districts are lost when population goes down, not when endure over the last week. I believe that he means well and has they grow. meant well and is trying to preserve the Sixth District, but I do Berks County is an economically vibrant community and understand when it comes to the point that you have been strategically located in southeastern Pennsylvania. browbeaten by the leadership that, unfortunately, they must Berks County's population is recognized for its high prod­ walk to the beat of the same drummer and that is what we are uctivity and its strong work ethic. being faced with tonight. Mr. President, I would request a The current Sixth Congressional District of Berks County negative vote on the gentleman from Delaware, Senator and Schuylkill County maintain common geographical, politi­ Loeper's, amendment. cal, cultural and ethnic ties. A working solidarity existed for Senator LINCOLN. Mr. President, I find this debate on 30 years and should continue to exist. this amendment a little disturbing, because I do not live in Current proposals-This is not by us, incidentally. This is a that area. I do not represent any of Berks County. But several current proposal by the Berks County Voters for an Effective months ago I met with individuals who were at that time 1992 LEGISLATIVE JOURNAL-SENATE 1609 seeing the problem developing because of the retirement of trict out of that horrible City of Philadelphia. I cannot believe the incumbent Congressman from that area, and they started that he could vote for it if he felt that strongly. You know very early to lobby people throughout Pennsylvania on an what the problem is here tonight? We are at February 3rd and issue that was very important to them. It was not Democrat or we have not passed a plan. When did the Republican leader­ Republican. It was Berks County individuals from the many ship in this Senate give us an opportunity to deal with congres­ different groups that the gentleman from Lackawanna sional reapportionment? The day before the damn deadline County, Senator Mellow, mentioned. I made a commitment for the beginning for the petition circulation. It is not like we to one particular individual at that time and followed that have been doing this since October. We have been trying to commitment up to the gentleman from Berks, Senator ignore this since October. It is the same thing that the Repub­ O'Pake, that I would not support any plan that did any harm lican leadership of this Senate does with every issue. If you to Berks County. I come from an area where we lost tremen­ leave it alone it will go away. Unfortunately, reapportionment dous amounts of population over the past 10 or 12 years, and has to be done. And they talk about the courts. The courts the strange thing about that is it is primarily because of the almost had to do it for you ten years ago whenever you had leadership coming out of the Republican Party on the the Governor's Office, you had the House under Republican national level. Since 1980 until now through the Reagan and control and the Senate under Republican control. So you have Bush years, we have been devastated in the steel and coal a history, you have a precedent of not wanting to deal with industries and glass industries, rubber industries, and every tough issues. So what do you do? You wait until 9:30 at night other industry that takes good people to work for good jobs. I on February 3rd and say, geez, we have to stick together no can really appreciate having a growth in your population, matter whether Berks County gets the shaft or not, and that is probably more so than people that come from that area. Over basically what this is all about tonight. And I heard one of the the ensuing couple of months that have taken place since that Senators over there say this is not the end. We are going to time, I have had more serious discussions with individuals and send it to a conference report. That is the way you have been have proven here on the floor of the Senate my commitment leading this Senate for 12 years. Do everything in a conference to both Senator O'Pake and the people of Berks County not report where there will only be three of you. There will be one to support anything that did not satisfy them. I have done that from the House and two of you guys over here and there are at times when the southwestern part of the state where I come only six people who are going to do this and we are going to from could have done better if I would have gone and said, go back and hide in a room someplace and cut up 12 million hey, I am going to give the vote; I do not care about Berks people's lives with backroom politics that have been County. Whatever it takes to get this done is what I will do as preached, led and led and led by the Republican Party not long as you keep me healthy and help me as much as you can only in this whole state but, more specifically, right here. in southwestern Pennsylvania. Lo and behold, I see another Because if there is one place that the influence can be felt the amendment that takes the whole problem in this debate­ most in state government, it is because of the Republicans in Representative Santorum-puts him back into the kind of dis­ the Senate. Because of 26 people over there, 12 million people trict that the lady from Allegheny, Senator Hart, and the gen­ are going to suffer, and, more particularly, about 300,000 and tleman from Allegheny, Senator Fisher, were trying to pursue some in Berks County. That is what frustrates me dealing with to save their friend, to make sure that he has a chance. What­ this business. That is why you are seeing so many good people ever it may be, that is the most important thing in this amend­ making their announcement that they are not running for ment. To do that, the Republican Party in Pennsylvania has reelection, because they are sick and tired of the kind of lead­ chosen to take the County of Berks, whether it be Democrat ership that is coming out of that side of the aisle. If you or Republican, and split it. They did that to help Republicans wanted to do this job right, you should have started a lot or someone in Allegheny County who is insisting that sooner. You should not be trying to ram something down Santorum be part of the mix that he ends up with a district, in somebody's throat simply because a guy by the name of their minds, that he has a chance of winning. Hopefully, the Santorum might have a chance of getting reelected. It is more we talk about this, the cheaper his candidacy is going to disgusting to see this. It is frustrating to deal with it, and I am look and the more difficult it is going to become for him to be telling you, somewhere along the line, as your national scene, reelected, but it is a disgrace to see someone stand up and say your President is starting to tumble a little bit from running that because of expediency, because I want to get this behind away from issues, it is going to happen to you. One of these me, because I want to get it someplace else, I am going to vote days you are going to be in the Minority and I want to tell you to do something that disastrous to a county that is one of the something, if you think that your lives are tough now, you healthiest in this state. And that bothers me a little bit, not wait until you are 25 or 24 votes. I guarantee you one thing, just from the perspective of the gentleman from Lebanon, you are going to be standing up and voting because we will not Senator Brightbill, but I heard the gentleman from Delaware, run from the issues. We are going to face everything. If you Senator Bell, say that he was going to vote for it even though vote "yes" on this amendment simply for expediency, I he was sending some of his people into that God-awful City of cannot explain to you how bad you are and I do not think you Philadelphia, that those good people in Delaware County will ever be able to see it because I see the smiles over there were going to have to be associated with a congressional dis- now because you do not understand how serious this issue is. 1610 LEGISLATIVE JOURNAL-SENATE FEBRUARY 3,

You want to get up and debate me over there? Whoever has look at the problem in the southeastern corner of this state. got it, stand up there. I will take you on. Come on. Come to We have too many Congressmen and too few people to the microphone. This is where the guts stand. Be recorded for support them, according to our federal government. One seat what you are saying. It is the most disgusting display of poli~ has to be eliminated, and where will that seat be? Now, the tics I have ever seen. gentleman from Fayette, Senator Lincoln, likes to refer to POINT OF ORDER Congressman Santorum, and somehow Congressman Santorum is the evil that afflicts the eastern part of this state. Senator LOEPER. Mr. President, I rise to a point of order. I am sorry, but when I offered my amendment it did not deal The PRESIDENT. The gentleman from Delaware, Senator with the area that affected the western part of our state. I was Loeper, will state it. very careful not to get into the fight in the west. When I Senator LOEPER. Mr. President, I believe the gentleman's offered the amendment, which would have eliminated the debate has gone far afield of the topic before us and I would ranking Republican Member of the Education Committee in ask that he confine his remarks to the amendment before us. the United States House of Representatives, there was no The PRESIDENT. The Chair thanks the gentleman but impact on Congressman Santorum. How many votes did points out that his debate is concluded, therefore, your point Senator O'Pake bring to that amendment? I am asking you, is rendered moot. Mr. President. I remember two. How many amendments did Senator LEWIS. Mr. President, I rise simply for the oppor­ he make to that amendment so that perhaps he could get more tunity to make some comments, and with all due respect to the votes out of his caucus? I do not remember any. Now, you gentleman, I think he has been heard once on the subject and know, Mr. President, I was not going to get up and say this. If the Rules would therefore provide me with the opportunity to you look at my remarks from the first time, I got up in a very be heard. gentlemanly-like way, and then all of a sudden my good The PRESIDENT. It is the general practice of the Chair to friend Senator Mellow and my good friend Senator Lincoln recognize individuals who have not yet spoken and, if the gen­ attacked me. And, you know, I want to see someone else's tleman would yield for just a moment, we will hear from record in this fight, standing up for their constituents the way Senator Lewis. I have stood up for Berks County. I want to see someone POINT OF ORDER else's record who has worked a year trying to build up the various kinds of coalitions so that we could pull it off. Is it my Senator BRIGHTBILL. Mr. President, I rise to a point of fault that Representative Yatron decided-or maybe he has order. not-to retire this year? You know, I was everybody's friend The PRESIDENT. The gentleman from Lebanon, Senator over there when I was voting with them, but now that I am Brightbill, will state it. voting for a district that gives Berks County a fighting chance Senator BRIGHTBILL. Mr. President, I believe that the and no more, and is the best that I can do and the best that I gentleman from Berks, Senator O'Pake, spoke twice in suc­ can take home after a long fight, now all of a sudden I see cession, very rapidly. Does that mean then that Rule will everybody getting angry. Did you not think this time would apply equally? come? How long have you worked here? You know, I see the The PRESIDENT. Senator O'Pake may have indeed gentleman from Westmoreland, Senator Porterfield, sitting spoken twice, but the Chair does not recall that being in suc­ there smiling at me. Yes, sir, Mr. President, this is great fun, cession. The Chair has no desire to prevent the gentleman is it not? How many times did he switch his vote to stand up from speaking further. He is just seeking your leave to hear for his constituents? from Senator Lewis first. The gentlemen are typically cooper­ ative and the Chair thanks them. POINT OF ORDER Senator BRIGHTBILL. Mr. President, I am watching Senator LINCOLN. Mr. President, I rise to a point of across the aisle as the level of emotion goes up. You know, I order. was out on this floor on Thursday and I cast what was a pretty The PRESIDENT. The gentleman from Fayette, Senator difficult vote for me, and I watched as they changed two votes Lincoln, will state it. when leadership over there went and prevailed on two Senator LINCOLN. Mr. President, I believe that the gen­ Members to change their votes so they could play games with tleman is way out of order. There is no reason for him to my political hide. Now we saw that happen. Did we not see question anybody's motives. He put himself in this position, that happen, gentlemen? Oh, and that was okay. That was nobody else, and for him to question anybody else's motives statesmanship. That was not politics, and, of course, as is completely out of order. someone who represents Berks County, I have been on this The PRESIDENT. The Chair thanks the gentleman for his floor offering plans. I have been in that caucus taking aggra­ point, and the Chair finds it well taken. The Chair was follow­ vation, and I would like to ask the Members when they stand ing his comments carefully and the ad hominem attack on up to berate me, how many plans were offered from other Senator Porterfield is out of line. people who represented all or part ofBerks County? I would Senator BRIGHTBILL. Mr. President, I guess that the gen­ like to see those plans. I do not remember them. I remember tleman from Fayette, Senator Lincoln, is a good teacher. I am carrying this ball by myself time and time again. Now, let us learning. 1992 LEGISLATIVE JOURNAL-SENATE 1611

The PRESIDENT. If the gentleman would yield just a would have liked to have been. But I again point out that the moment, the Chair recognizes the gentleman from Fayette, congressional district will consist of a population in Berks Senator Lincoln. County of 277,070 people and in Chester County of 276,455 Senator LINCOLN. Mr. President, I believe that last state­ people. I believe that is a district drawn and compromised. I ment was a definite effort to impugn my integrity. You have believe that is a district that a Berks Countian can win, and never seen me switch my vote, ever, never in the manner in that is why I am voting for this plan. which I am seeing it done here this evening, and I will tell you Senator LEWIS. Mr. President, for the few moments of what: When I get to this microphone, I do not get personal. silent meditation, something from which we can all benefit, Senator BRIGHTBILL. Mr. President, yeah? let me assure the Chair and the gentleman that I do not rise to Senator LINCOLN. Mr. President, you tell me when. speak out of anger, but I must admit that I am just a little bit The PRESIDENT. The Chair thanks the gentleman. confused in listening to the comments I heard. The gentleman Senator LOEPER. Point of order, Mr. President. from Lebanon expressed concern about what he saw as criti­ Senator LINCOLN. Tell me when I got personal, Mr. Pres­ cism from this side of the aisle from the Minority Leader and ident. I think this is downright dirty, the kind of debate, and I the Minority Whip, and I am aware just a few hours ago at am not going to let it take place, if I have to stand here and least one and maybe both of them were complimenting him. I object to every sentence. heard him raise a question about the gentleman from Berks, Senator LOEPER. Point of order, Mr. President. Senator O'Pake, and how many votes he might have brought Senator LINCOLN. Mr. President, if the gentleman wants to the floor, so to speak, with regard to an amendment, and to talk about the issue at hand, I will have no problem with it my best recollection is that in addition to his own, he pro­ whatsoever, and whatever he learned from me has to help him duced 23 more. I know that on this side we all wished that in somewhere along the line. addition to our own we could produce 25 more that might The PRESIDENT. The Chair thanks the gentleman. The help to avoid some of the confusion in which we now find Chair would suggest to all the Members that we just take 30 ourselves. But, notwithstanding that, my principal purpose in seconds or so, regain our composure and have at it again. The rising to speak about this issue is to urge a negative vote on the Chair is in the middle of recognizing Senator Brightbill for his amendment. I do that being fully mindful of the fact that the comments. plan, any plan which we must address, will affect all of Penn­ Senator BRIGHTBILL. Mr. President, I have to apologize sylvania and that each of us in this Chamber has to be mindful to the Chair. I lost my train of thought. of our responsibilities to all 12 million people of this Com­ The PRESIDENT. The Chair thanks the gentleman and monwealth. But I think that we also know full well that our assumes his remarks are complete-just kidding. principal responsibility is to the people within our districts. So Senator BRIGHTBILL. Mr. President, you know, I guess I it is for that reason that I will vote against this amendment ought to at this point apologize to the gentleman from West­ because to me it is an absolutely irresponsible proposal with moreland, Senator Porterfield, first, and the gentleman from respect to the people of Bucks County. This proposal would Fayette, Senator Lincoln, second. My remarks were out of take 46,000 people in Bensalem Township, nearly all the inha­ line and I acknowledge that and I apologize to them. bitants of that very large community, and lump them into a Senator MELLOW. Mr. President, how about the gentle­ congressional district within the City of Philadelphia. I am man from Berks, Senator O'Pake. Do you want to add him mindful because I have represented Bensalem Township for on that, too? my entire 17 years in the Senate. For the past two decades, at Senator BRIGHTBILL. Mr. President, I believe the gentle­ least and maybe longer, the political leaders within that com­ man is interrupting me. munity have regularly sounded the alarm about what they Mr. President, whether we like it or not, we are playing a have called the green grab. That is the political phrase back at very, very difficult-and I use this word in quotation marks­ home for the attempt by politicians in Philadelphia to grab " game" because it is not a game. We have put up the votes on part of Bucks County, and since Bensalem is the first commu­ this side, and I have done my job on this side to keep Berks nity north of the Philadelphia border, they have always pre­ County whole and to keep Berks County in control of a con­ sumed that they would be the first ones to go. I am mindful of gressional seat. I do not know anything else to do. I have cast the fact that this fear, when fanned appropriately within the my votes in every way that I feel to be responsible. I have sat community, has generated an extraordinary reaction by the in caucus with my colleagues and they were not happy with people in Bensalem. Upon reflection I find it particularly my vote, but they have not pressured me in the traditional amusing as I look at this plan this evening because it is one sense. There seems to be an inference from the other side of that is offered by Republicans and the fear of the green grab the aisle that somehow I was pressured. Now, I think that for two decades has been the rallying cry of the Republican attacks my motivation, Mr. President, but I did not say any­ Party in Bensalem Township as they have tried to convince thing. I let the gentleman speak, even though it was out of the residents of that community that somehow or another order. The point is simply this: We all have responsibilities in Democrats had an ulterior motive with regard to their Bucks this process, and I worked hard to meet my responsibilities. I County presence. I find it particularly intriguing because the am afraid, Mr. President, that I am not as successful as I amendment is being offered to a plan that is now in front of 1612 LEGISLATIVE JOURNAL-SENATE FEBRUARY 3, us which keeps Bucks County as a virtually whole and intact think probably more important than these kinds of arguments unit. So, for those who would choose to vote in favor of this is the one factual statement that should be made here that amendment, it would appear to me that the fears of the green supersedes, I think, a lot of what has been said so far. Every­ grab, as expressed by Bensalem residents, have the potential one in this Chamber knows that this is the Republican con­ of becoming true. I know that each of us has different feelings gressional redistricting plan. Everyone in this Chamber knows about the impact on every proposal that has been put before that the Democrats in the House passed a Democratic redis­ us with regard to our own constituencies, but I would hope tricting plan, and we Republicans know that unless we pass that those of us who represent Bucks County will keep in the what is fundamentally a Republican district across the state, forefront of our minds the fact that, aside from all else, Bucks trying to accommodate all of the Republican interests, we will County has to come first, and a proposal such as this, which not have a fair shake at a compromise that satisfies the great­ would amend one that has already been approved by this est interests of all. So I think it is necessary for all of us, as we Senate that would keep Bucks County whole and send nearly have agonized within our caucus, to make sure that in order the entire community of Bensalem into the County of Phila­ for the Republican citizens of Pennsylvania to have a fair delphia, is one that will be strongly resisted by the people shake at representation, we have to put our best Republican within the county. For those reasons, I want to urge a negative effort forward and then go to the negotiating table to get a vote on this proposal. compromise. That is what we are about tonight and we should Senator GREENWOOD. Mr. President, I think it is appro­ all recognize that, accept it and be done with it. I urge an priate that I, as the other Member of the Bucks County dele­ affirmative vote. gation, respond to the comments of the gentleman from Senator O'PAKE. Mr. President, I just want to clarify the Bucks, Senator Lewis, and I have, I think, four points that record. I have never questioned or doubted my colleague from need to be made. Berks' sincerity or commitment to do the best that he could to The first one is that language about a Philadelphia grab is preserve the Sixth Congressional District, never publicly or on rhetoric that is meant to incite rather than to enlighten the the floor tonight. I did not even mention his name. I believe conversation. Obviously, the transformation or the change in that he meant what he said when he said it. He questioned district boundaries-and a congressional district does not what I have done to advance the cause of the people of the have anything to do with where one lives-whether one is in Sixth Congressional District. I do not think I have to remind the Eighth Congressional District as they are now or whether the gentleman or my colleagues that I voted for his amend­ one is in the Third Congressional District, Congressman ment and I also worked very closely with the gentleman from Borski's district, all of those residents, of course, still are resi­ Cambria, Senator Stewart, in presenting a well-balanced, fair dents of Bensalem Township. They do not pay taxes anywhere plan that did not sacrifice the people of Berks County to the except Bensalem Township. They are not subject to the gover­ political expediency of protecting incumbent Republican Con­ nance of Philadelphia and they never will be, certainly not as gressmen. Mr. President, if anyone is interested in preserving long as Senator Lewis and I are around. the Sixth Congressional District, all he has to do, to quote the The second fact is that we have an indisputable dilemma in words of a revered Republican President, is "just say no" to the southeast, and that dilemma is that the City of Philadel­ this amendment. phia is short by approximately 112,000 people for the three LEGISLATIVE LEAVES congressional districts that they hold. There is no escaping one simple fact, and that fact is that population can only be Senator MELLOW. Mr. President, I request temporary made up in the Counties of Bucks, Delaware and Capitol leaves for Senator Scanlon and Senator Dawida. Montgomery. This Senate bill, when it came from committee, Senator LOEPER. Mr. President, also, Senator Shaffer moved 90,000 people from Bucks County, all of Bensalem, and Senator Helfrick have been called from the floor and I Bristol Township, Bristol Borough and Tullytown Township, would request temporary Capitol leaves on their behalf. out of Bucks County and into the Third Congressional Dis­ The PRESIDENT. Senator Mellow requests temporary trict of Philadelphia, and we have stopped that. We have Capitol leaves for Senator Scanlon and Senator Dawida. moved that back so that it is 47,000 people. Now earlier last Senator Loeper requests temporary Capitol leaves for Senator week, I believe it was last Tuesday night, I offered an amend­ Shaffer and Senator Helfrick. The Chair hears no objection. ment before the Senate that was my proposal to split that Those leaves will be granted. 112,000 three ways. It would have taken this number of And the question recurring, 47,000 people in Bensalem Township and reduced it to Will the Senate agree to the amendment? 37,600, which is exactly one-third of the problem, and I Senator STOUT. Mr. President, though this is the first time argued that each of the suburban counties should make a con­ I have spoken on this amendment offered by the gentleman tribution of one-third towards the solution of the problem. from Delaware, Senator Loeper, it is not the first time that I Senator Lewis, for whatever reasons, decided to vote against have spoken on the type of redistricting plan that is included that amendment. Had that amendment gone into the bill, had in this amendment. On three other occasions we have consid­ that amendment succeeded, another 11,000 people would ered this type of amendment and the impact it would have on have remained in the Eighth District and not the Third. But, I southwestern Pennsylvania. What this plan does is create and 1992 LEGISLATIVE JOURNAL-SENATE 1613 merge into the Fourth District, currently represented by NAYS-24 Joseph Kolter and the district represented by Austin Murphy, Afflerbach Fattah Lynch Scanlon one district stretching from the most southwest corner of Andrezeski Furno Mellow Schwartz Pennsylvania where Greene County touches West Virginia on Belan Jones Musto Stapleton Bodack LaValle O'Pake Stewart the outskirts of Morgantown and comes up through Greene, Bortner Lewis Porterfield Stout Washington, Beaver, Lawrence and Mercer Counties and Dawida Lincoln Reibman Williams a small appendage attached to it down in Allegheny then has A majority of the Senators having voted "aye," the ques­ County in the Monongahela Valley Area. What this district tion was determined in the affirmative. does is destroy a 50-year relationship that existed in south­ western Pennsylvania of having the Counties of Washington, And the question recurring, Greene and Fayette together in a congressional district since Will the Senate agree to the bill on third consideration, as the 1940s and splits them up. What is really surprising is that a amended? Member of the Senate who represents part of Washington LEGISLATIVE LEAVE CANCELLED County would allow that to happen with Peters Township The PRESIDENT. The Chair recognizes the presence on being taken out and placed in the Eighteenth District with the floor of Senator Shaffer and his temporary Capitol leave regard to Congressman Santorum's interest, and at the same will be cancelled. time takes and separates nearly 21,000 people from Washing­ ton County in the Mon Valley Area, stretching from And the question recurring, Charleroi through the Borough of West Brownsville and it Will the Senate agree to the bill on third consideration, as attaches those people to Fayette County and on to become amended? part of the Twelfth District centered up in Cambria County LOEPER AMENDMENT IV represented by Congressman Murtha. I think this is a consent, offered the fol­ travesty, a misuse of our legislative process in dismembering Senator LOEPER, by unanimous an area and reconfiguring in a plan, although it may not have lowing amendment No. A0398: the intensity of debate here this evening that is focused mainly Amend Title, page 1, line 11, by inserting after "elections,": on Berks County and that impact that this plan has on Berks further providing for certain deadlines relating to nominations; County. But, nevertheless, in southwestern Pennsylvania this and Amend Bill, page 2, lines 26 through 28, by striking out all of effect realignment of congressional districts has a devastating said lines and inserting: on an area that has been undergoing great economic strains Section 1. Section 953(e) of the act of June 3, 1937 over the past decade. I think it is really a very poor plan for (P.L.1333, No.320), known as the Pennsylvania Election Code, our area. We know, but we cannot rationalize here this added March 3, 1982 (P.L.127, No.42), is amended to read: evening, as we say we have to move the process forward. Just Section 953. Place and Time of Filing Nomination Papers.- about six months ago-we are about a week behind now on ••• in the year 1992, the time sched­ the congressional redistricting-this Body was five weeks (e) For the primary election ule for the initial circulation of nomination petitions for the behind in adopting a budget. So, eventually we got one and I Office of Representative in Congress and for candidate for dis­ think if fairness prevails here in this Chamber in a sincere trict delegate and alternate district delegate to a national party desire to serve the needs of 12 million Pennsylvanians, we can convention shall commence with the effective date of this act. For yet come up with a plan that fairly lines the districts in this the primary election in the year [1982] 1992, the time schedule and] filing of nominating petitions, filing Commonwealth and I urge a negative vote on this amend­ relating to [circulating of objections, and casting of lots for position on the ballot or ment. ballot labels for the Office of Representative in Congress and for And the question recurring, candidate for district delegate and alternate district delegatetaa national party convention shall be delayed [twenty-one (21)] Will the Senate agree to the amendment? seven (7) days from the times otherwise specified in this act and (During the calling of the roll, the following occurred:) the time for withdrawal of candidates for such office shall be Senator PECORA. Mr. President, I would like to change delayed [fourteen (14)] seven (7) days from the time otherwise specified in this act. from "no" to "aye." my vote Section 2. Article XVIII-A of the act is repealed. The PRESIDENT. The gentleman will be so recorded. Amend Sec. 2, page 2, line 29, by striking out "2" and insert­ The yeas and nays were required by Senator LOEPER and ing: 3 Amend Sec. 3, page 27, lines 7 through 15, by striking out all of were as follows, viz: said lines YEAS-26 On the question, Armstrong Greenwood Loeper Robbins Will the Senate agree to the amendment? Baker Hart Madigan Salvatore It was agreed to. Bell Helfrick Pecora Shaffer Brightbill Holl Peterson Shumaker And the question recurring, Tilghman Corman Hopper Punt Will the Senate agree to the bill on third consideration, as Fisher Jubelirer Rhoades Wenger Greenleaf Lemmond amended? 1614 LEGISLATIVE JOURNAL-SENATE FEBRUARY 3,

PORTERFIELD AMENDMENT II County consistinjil of the City of Titusville and the TownshiQS of Athens, Bloomfield, Oil Creek, RandolQh, Richmond, Rockdale, Senator PORTERFIELD, by unanimous consent, offered Rome, SQarta, Steuben, Troy and Wayne and the BoroujilhS of the following amendment No. A0394: Centerville, H~detown, SJ2artansbur~ and Townville; all of Elk Amend Sec. 2 (Sec. 1801-A), page 17, lines 15 through 30; County; all of Forest County; all of Jefferson Count~; Qart of pages 18 through 25, lines 1 through 30; page 26, lines 1 through Lycominjil County consisting of the TownshiJ2S of Anthon~, 14, by striking out all of said lines on said pages and inserting: Bastress, Brown, Co~an House, Cummin~s, Limestone, McHenr~, Mifflin, Nippenose, Piatt, Pine, Porter, Susguehanna, (1) The First District is composed of part of Delaware County Washington and Watson and the Boroughs of Jersey Shore and consisting of the Citl of Chester and the TownshiQS of Darby, Salladasburg; all of McKean Count~; all of Potter County; all of Ridle~ ~Blocks 903 and 919 of 1990 Census Tract 4041.03~ and Tioga County; all of Union County; all of Venan~o County; and Tinicum and the Borou~hs of Colwyn, Eddystone, Folcroft and all of Warren Count~. Glenolden; and part of Philadelphia County consisting of the {6! The Sixth District is com12osed of all of Berks Count~; Cit~ of PhiladelQhia Wards 1 {Divisions 1, 2, 3, 4, 5, 6, 7, 8, 9, Qart of Montjilomery County consistin~ of the TownshiQ of West 10, 11, 12, 13, 14, 15, 16 and 20}, 2 {Divisions 2, 3, 4, 5, 6, 7, 8, 9, Potts~Q:ove and the Borou~h of Pottstown; Qart of North- 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21 and 22}, 5 (Divisions umberland County consisting of the City of Sunbur~ and the 6, 7, 8, 9, 10, 11, 13, 14, 15, 17, 20,22 and 23), 7, 10, 11, 12, 13, TownshiEs of Delaware, Jackson, Jordan, Lewis, Little 14, 16, 17, 19, 20, 26, 30, 32, 36 {Divisions 29, 35 and 37}, 37, 39, Mahanoy, Lower Augusta, Lower Mahanoy, Point, Rockefeller, 40,42 {Divisions 4, 7, 13, 17,20 and 21}, 43, 47,48 (Divisions 1, Turbot, UQQer Au~usta, UQQer Mahanoy, Washing!on and West 12, 13, 14, 15, 16and 17}and49. Chillisguague and the Boroughs of Herndon, McEwensville, (2) The Second District is composed of part of Delaware Milton, Northumberland, Turbotville and Watsontown; and all Count~ consisting of the Boroughs of Darb~, Lansdowne and of Schuylkill County. Yeadon; and Qart of PhiladelQhia Count~ consisting of the City {7! The Seventh District is comQosed of Qart of Chester ofPhiladelJ2hia Wards 3, 4, 6, 8, 9, 15, 21, 22, 24, 27, 28, 29, 34, Count~ consisting of the TownshiQS of Birmingham, 36 (Divisions 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, Charlestown, East Pikeland, East Whiteland, Easttown, 18, 19,20,21,22,23,24,25,26,27,28,30,31,32,33,34,36,38, Schuylkill, Thornbur~, Tred~ffrin and Westtown and the 39,40 and 41}, 38, 44, 46,48 {Divisions 2, 3, 4, 5, 6, 7, 8, 9, 10, Boroughs of Malvern, Phoenixville and SJ2ring Cit~; 12art o f 11, 18, 19, 20, 21,22 and 23}, 52,50, 51, 59 and 60. Delaware County consisting of the TownshiQS of Aston, Bethel, (3) The Third District is composed of part of Philadelphia Birmingham, Chester, Concord, Edgemont, Haverford, Lower Count~ consisting of the Cit~ of PhiladelQhia Wards 1 {Divisions Chichester, Mar12le, Middletown, Nether Providence, Newtown, 17, 18, 19 and 21}, 2 {Divisions 1, 23, 24, 25, 26 and 27}, 5 {Divi- Radnor, Ridle~ (Excluding Blocks 903 and 919 of 1990 Census sions 1, 2, 3, 4, 5, 12, 16, 18, 19 and 21}, 18, 23, 25, 31, 33, 35, 41, Tract 4041.03}, SQringfield, Thornbury, UQQer Chichester, 42 (Divisions 1, 2, 3, 5, 6, 8, 9, 10, 11, 12, 14, 15, 16, 18, 19, 22, UQQer Darb~ and UJ2J2er Providence and the Boroughs of Aldan, 23, 24 and 25}, 45, 53, 54, 55, 56, 57, 58, 61, 62, 63, 64, 65 and 66. Brookhaven, Chester Heights, Clifton Heights, Collingdale, Eas {4! The Fourth District is comQOsed of Qart of Allegheny Lansdowne, Marcus Hook, Media, Millbourne, Morton, Count~ consisting of the TownshiQS of Crescent, Findla~. Moon, Norwood, Parkside, Pros12ect Park, Ridle~ Park, Rose Valle~, North Fayette, South Fayette and Upper St. Clair and the Rutledge, Sharon Hill, Swarthmore, Trainer and UJ2land; an d Boroughs of Bethel Park, Bridgeville, Corao12olis, Edgeworth, Qart of Montgomery Count~ consisting of the TownshiE o f Leetsdale, McDonald {Alleghen~ Count~ )20rtion}, Oakdale, UJ2Qer Merion and the Boroughs of Bridge12ort and Ro~ersford. Osborne, Sewickle~ and Sewickle~ Heights; all of Beaver Count~; {8} The Eighth District is comQosed of all of Bucks Count~; part of Fayette County consisting of the Townships of Jefferson, and 12art of Montgomery County consisting of the TownshiE o f Luzerne and Washing!on and the Boroughs of Brownsville, Horsham and the Borough of Telford {Montgomer~ County Fa~ette Cit~ and Newell; all of Greene Count~; Qart of Lawrence QOrtion}. Count~ consisting of the TownshiJ2S of Little Beaver, Mahoning {9} The Ninth District is cOmQosed of all of Bedford Count~; and North Beaver and the Boroughs of Bessemer, Enon Valley, all of Blair County; Qart of Centre Coun!}': consisting of th e New Beaver, S.N.P.J. and Wam12um; and 12art of Washing!on TownshiJ2S of Halfmoon, Rush, Snow Shoe, Taylor, Union an d Count~ consisting of the Cit~ of Washington and the TownshiJ2S Worth and the Boroughs of PhiliJ2sburg, Port Matilda, Sno w of Amwell, Blaine, Buffalo, Canton, Cecil, Chartiers, Cross Shoe, South PhiliJ2sburg and Unionville; all of Clearfiel d Creek, Donegal, East Bethlehem, East Finley, Fallowfield, Count~; all of Franklin Count~; all of Fulton Count~; all o f Hanover, Ho12ewell, Inde12endence, Jefferson, Morris, Mt. Huntingdon County; all of Juniata Count~; all of Mifflin Pleasant, North Bethlehem, North Franklin, North Strabane, Count~; 12art of Perry Count~ consisting of the TownshiJ2S o f Nottingham, Peters, Robinson, Smith, Somerset, South Frank- Centre, Jackson, North East Madison, Saville, South Wes lin, South Strabane, Union, West Bethlehem, West Finley and Madison, SJ2ring, Toboyne, Tuscarora and T~rone and the West Pike Run and the Boroughs of Allen12ort, Beallsville, Boroughs of Blain, Bloomfield, Landisburg and Millerstown Bentleyville, Burgettstown, California, Canonsburg, Centerville, and all of Sn~der Count~. Charleroi, Cla~sville, Coal Center, Cokeburg, Deemston, {10} The Tenth District is com12osed of all of Bradford Dunlevy, East Washington, Elco, Ellsworth, Finleyville, Green Count~; all of Lackawanna County; 12art of Lycoming County Hills, Houston, Long Branch, Marianna, McDonald (Washing- consisting of the Cit~ of Williams12ort and the Townshi12s o f ton Count~ J20rtion}, Midwa~, New Eagle, North Charleroi, Armstrong, Brad~, Cascade, Clinton, Eldred, Fairfield, Frank Roscoe, SJ2eers, Stockdale, Twilight, West Alexander, West lin, Gamble, HeJ2burn, Jackson, Jordan, Lewis, Lo~alsock Brownsville and West Middletown. L~coming, Mclnt~re, McNett, Mill Creek, Moreland, Munc~ {5! The Fifth District is com12osed of all of Cameron Count~; Munc~ Creek, Old L~coming, Penn, Plunketts Creek Qart of Centre Count~ consisting of the TownshiJ2S of Benner, Shrewsbur~, UJ2J2er Fairfield, Wolf and Woodward and the Boggs, Burnside, College, Curtin, Ferguson, Gregg, Haines, Boroughs of Duboistown, Hughesville, Montgomer~ Harris, Howard, Huston, Liberty, Marion, Miles, Patton, Penn, Montoursville, Munc~, Picture Rocks and South Williams12ort Potter, SJ2ring and Walker and the Boroughs of Bellefonte, )2art of Monroe Count~ consisting of the TownshiJ2S of Barrett Centre Hall, Howard, Milesburg, Millheim and State College; all Coolbaugh, Jackson, Middle Smithfield, Paradise, Pocono of Clarion County; all of Clinton County; )2art of Crawford Smithfield and Tobyhanna and the Boroughs of Delaware Water 1992 LEGISLATIVE JOURNAL-SENATE 1615

Gap and Mt. Pocono; all of Pike County; all of Sullivan County; Pikeland, West Sadsbury, West Vincent, West Whiteland and all of Susquehanna County; all of Wayne County; and all of Willistown and the Boroughs of Atglen, Avondale, Downing­ Wyoming County. town, Elverson, Honey Brook, Kennett Square, Modena, (11) The Eleventh District is composed of all of Carbon Oxford, Parkesburg, South Coatesville, West Chester and West County; all of Columbia County; all of Luzerne County; part of Grove; and part of Lancaster County consisting of the City of Monroe County consisting of the Townships of Chestnuthill, Lancaster and the Townships of Bart, Brecknock, Caernarvon, Eldred, Hamilton, Polk, Price, Ross, Stroud and Tunkhannock Colerain, Drumore, Earl, East Cocalico, East Drumore, East and the Boroughs of East Stroudsburg and Stroudsburg; all of Earl, East Hempfield, East Lampeter, Eden, Fulton, Lancaster, Montour County; and part of Northumberland County consist­ Leacock, Little Britain, Manheim, Martie, Paradise, Pequea, ing of the City of Shamokin and the Townships of Coal, East Providence, Sadsbury, Salisbury, Strasburg, Upper Leacock, Cameron, East Chillisquaque, Mt. Carmel, Ralpho, Rush, Warwick, West Earl and West Lampeter and the Boroughs of Shamokin, West Cameron and Zerbe and the Boroughs of Adamstown (Lancaster County portion), Christiana, Denver, Kulpmont, Marion Heights, Mt. Carmel, Riverside and East Petersburg, Lititz, Millersville, New Holland, Quarryville, Snydertown. Strasburg and Terre Hill. (12) The Twelfth District is composed of all of Cambria (17) The Seventeenth District is composed of part of Cum­ County; part of Fayette County consisting of the Cities of Con­ berland County consisting of the Townships of East Pennsboro nellsville and Uniontown and the Townships of Brownsville, and Hampden and the Boroughs of Camp Hill, West Fairview Bullskin, Connellsville, Dunbar, Franklin, Georges, German, and Wormleysburg; all of Dauphin County; part of Lancaster Henry Clay, Lower Tyrone, Menallen, Nicholson, North Union, County consisting of the Townships of Clay, Conestoga, Conoy, Perry, Redstone, Saltlick, South Union, Springfield, Springhill, East Donegal, Elizabeth, Ephrata, Manor, Mt. Joy, Penn, Stewart, Upper Tyrone and Wharton and the Boroughs of Rapho, West Cocalico, West Donegal and West Hempfield and Dawson, Dunbar, Everson, Fairchance, Markleysburg, Mason­ the Boroughs of Akron, Columbia, Elizabethtown, Ephrata, town, Ohiopyle, Perryopolis, Point Marion, Smithfield, South Manheim, Marietta, Mountville and Mt. Joy; all of Lebanon Connellsville and Vanderbilt; all of Indiana County; all of County; and part of Perry County consisting of the Townships of Somerset County; and part of Westmoreland County consisting Buffalo, Carroll, Greenwood, Howe, Juniata, Liverpool, Miller, of the Townships of Cook, Derry, Donegal, East Huntingdon, Oliver, Penn, Rye, Watts and Wheatfield and the Boroughs of Fairfield, Ligonier, Loyalhanna, Mt. Pleasant, Salem, St. Clair Duncannon, Liverpool, Marysville, New Buffalo and Newport. and Unity and the Boroughs of Bolivar, Derry, Donegal, (18) The Eighteenth District is composed of part of Allegheny Latrobe, Laurel Mountain, Ligonier, Mt. Pleasant, New County consisting of the Cities of Clairton, Duquesne and Alexandria, New Florence, Scottdale, Seward and Youngstown. McKeesport and the Townships of Aleppo, Baldwin, Collier, (13) The Thirteenth District is composed of part of Hampton, Harmar, Indiana, Kennedy, Kilbuck, Leet, Montgomery County consisting of the Townships of Abington, McCandless, Mt. Lebanon, Neville, North Versailles, O'Hara, Cheltenham, East Norriton, Franconia, Hatfield, Limerick, Ohio, Penn Hills, Reserve, Robinson, Ross, Scott, Shaler, Lower Frederick, Lower Gwynedd, Lower Merion, Lower Springdale and Wilkins and the Boroughs of Aspinwall, Bell Moreland, Lower Pottsgrove, Lower Providence, Lower Salford, Acres, Ben Avon, Ben Avon Heights, Blawnox, Braddock, Marlborough, Montgomery, Perkiomen, Plymouth, Salford, Braddock Hills, Carnegie, Chalfant, Cheswick, Churchill, Skippack, Springfield, Towamencin, Upper Dublin, Upper Crafton, Dormont, Dravosburg, East McKeesport, East Gwynedd, Upper Moreland, Upper Pottsgrove, Upper Provid­ Pittsburgh, Edgewood, Emsworth, Etna, Forest Hills, Fox ence, Upper Salford, West Norriton, Whitemarsh, Whitpain and Chapel, Franklin Park, Glassport, Glenfield, Green Tree, Worcester and the Boroughs of Ambler, Bryn Athyn, Haysville, Heidelberg, Homestead, Monroeville, Munhall, North Collegeville, Conshohocken, Hatboro, Hatfield, Jenkintown, Braddock, Oakmont, Pennsbury Village, Pitcairn, Rankin, Lansdale, Narberth, Norristown, North Wales, Rockledge, Rosslyn Farms, Sewickley Hills, Sharpsburg, Springdale, Schwenksville, Souderton, Trappe and West Conshohocken. Swissvale, Thornburg, Trafford (Allegheny County portion), (14) The Fourteenth District is composed of part of Alle­ Turtle Creek, Verona, Wall, West Mifflin, West View, Whitaker gheny County consisting of the City of Pittsburgh and the Town­ and Wilmerding. ships of Elizabeth, Forward, South Park, South Versailles and (19) The Nineteenth District is composed of all of Adams Stowe and the Boroughs of Avalon, Baldwin, Bellevue, County; part of Cumberland County consisting of the Townships Brentwood, Castle Shannon, Elizabeth, Ingram, Jefferson, of Cooke, Dickinson, Hopewell, Lower Allen, Lower Frankford, Liberty, Lincoln, McKees Rocks, Millvale, Mt. Oliver, Pleasant Lower Mifflin, Middlesex, Monroe, North Middleton, North Hills, Port Vue, Versailles, West Elizabeth, West Homestead, Newton, Penn, Shippensburg, Silver Spring, South Middleton, White Oak, Whitehall and Wilkinsburg. South Newton, Southampton, Upper Allen, Upper Frankford, (15) The Fifteenth District is composed of all of Lehigh Upper Mifflin and West Pennsboro and the Boroughs of Carlisle, County; part of Montgomery County consisting of the Town­ Lemoyne, Mechanicsburg, Mt. Holly Springs, New Cumberland, ships of Douglass, New Hanover, Upper Frederick and Upper Newburg, Newville, Shippensburg (Cumberland County portion) Hanover and the Boroughs of East Greenville, Green Lane, Pen­ and Shiremanstown; and all of York County. nsburg and Red Hill; and all of Northampton County. (20) The Twentieth District is composed of part of Allegheny (16) The Sixteenth District is composed of part of Chester County consisting of the Townships of East Deer, Fawn, Frazer, County consisting of the City of Coatesville and the Townships Harrison, Marshall, Pine, Richland and West Deer and the of Cain, East Bradford, East Brandywine, East Cain, East Boroughs of Brackenridge, Bradford Woods, Plum and Coventry, East Fallowfield, East Goshen, East Marlborough, Tarentum; all of Armstrong County; part of Butler County con­ East Nantmeal, East Nottingham, East Vincent, Elk, Franklin, sisting of the City of Butler and the Townships of Adams, Alle­ Highland, Honeybrook, Kennett, London Britain, London gheny, Buffalo, Butler, Center, Clearfield, Clinton, Concord, Grove, Londonderry, Lower Oxford, New Garden, New Connoquenessing, Cranberry, Donegal, Fairview, Forward, London, Newlin, North Coventry, Penn, Pennsbury, Pocopson, Jackson, Jefferson, Lancaster, Middlesex, Oakland, Parker, Sadsbury, South Coventry, Upper Oxford, Upper Uwchlan, Penn, Summit, Venango and Winfield and the Boroughs of Uwchlan, Valley, Wallace, Warwick, West Bradford, West Bruin, Callery, Cherry Valley, Chicora, Connoquenessing, East Brandywine, West Cain, West Fallowfield, West Goshen, West Butler, Eau Claire, Evans City, Fairview, Harmony, Karns City, Marlborough, West Nantmeal, West Nottingham, West Mars, Petrolia, Saxonburg, Seven Fields, Valencia and 1616 LEGISLATIVE JOURNAL-SENATE FEBRUARY 3,

such to bring jobs to Westmoreland County. I think Jack Murtha deserves to keep that area to continue to work on this development very important to the people of Westmoreland County. Therefore, being in touch with Westmoreland County and the people of Westmoreland County, I would urge an affirmative vote on this amendment. Senator FISHER. Mr. President, I rise more confused now about what the gentleman from Westmoreland, Senator Port­ erfield, is trying to do than I did earlier today. What we have in front of us right now is a bill that was amended with the Loeper amendment which is alternate b-1. As I look at that amendment and as I read the districts that are included in the Twentieth Congressional District, all of Westmoreland County is included within that Twentieth Congressional Dis­ trict and there are other communities included within that Twentieth Congressional District. But, yet, what we have in front of us now in the Porterfield amendment, which I take it is the same amendment which he offered and withdrew earlier, is a district where you can hardly find Westmoreland County on that map. It is a district that is going to be driven by Armstrong County, Butler County and, yes, some of West­ moreland County, some of AlJegheny County, but it is not a district that will be predominantly Westmoreland County. Mr. President, if Senator Porterfield-and I know he wants to try to help the people from Westmoreland County that he represents. I know he is sincere in what he is trying to do-but I think that Senator Porterfield ought to examine the amend­ ment and the bilJ that is presently before us that has been adopted by the Senate. It makes far more sense for the people of Westmoreland County who he represents than the amend­ On the question, ment which he has offered. Mr. President, I would recom­ Will the Senate agree to the amendment'? mend that everybody, including Senator Porterfield, cast a Senator PORTERFIELD. Mr. President, this is the same · negative vote on this amendment. amendment that I withdrew earlier. It represents what the And the question recurring, people of Westmoreland wish. If the other side of the aisle Will the Senate agree to the amendment'? was deliberate and intent in their recognizing what the people of Westmoreland want, then they should recognize that my LOEPER AMENDMENT NO. A0392 TO being a Senator from central Westmoreland serving the PORTERFIELD AMENDMENT NO. 0394 people of Westmoreland, I am very close in touch with what Senator LOEPER, by unanimous consent, offered the fol­ the people of Westmoreland want and desire as far as repre­ lowing amendment No. A0392 to amendment No. A0394: sentation is concerned. We are interested in having a Con­ gressman that we can groom, send to Washington, D.C., work hand in hand with Joe Kolter and Jack Murtha to con­ tinue to bring the best to Westmoreland County and the people of Westmoreland County. If anyone on that side of the aisle understands the politics and what is going on currently in Westmoreland County, they would know that Congressman Murtha is very involved in the development of the Sony facil­ ity in East Huntingdon Township. If you will look at the map you will see that is considered part of Congressman Murtha's district. You wi11 also see that an area in and around Latrobe, down and around the New Stanton area and following through in and around the New Alexandria area and Derry Township, you will find that something which Jack Murtha has gotten Congress to appropriate $3 million for a study, called the Laure] Valley Expressway and the development of 1992 LEGISLATIVE JOURNAL-SENATE 1617 1618 LEGISLATIVE JOURNAL-SENATE FEBRUARY 3,

(10) The Tenth District is composed of all of Bradford Wilkins and the Boroughs of Baldwin, Blawnox, Braddock, County; part of Lackawanna County consisting of the City of Braddock Hills, Chalfant, Dormont, East Pittsburgh, Scranton and the Townships of Abington, Benton, Glenburn, Edgewood, Etna, Forest Hills, Homestead, Ingram, McKees Greenfield, La Plume, Newton, North Abington, Ransom, Scott, Rocks, Millvale, Mt. Oliver, Munhall, North Braddock, Rankin, South Abington and West Abington and the Boroughs of Clarks Sharpsburg, Swissvale, West Homestead, West Mifflin Districts Green, Clarks Summit, Dalton, Moosic, Old Forge, Taylor and 2, 3, 4, 9 and 15, Whitaker and Wilkinsburg. Vandling; part of Lycoming County consisting of the City of Wil­ (15) The Fifteenth District is composed of all of Lehigh liamsport and the Townships of Anthony, Brown, Cascade, County; part of Montgomery County consisting of the Town­ Cogan House, Cummings, Eldred, Fairfield, Gamble, Hepburn, ships of Douglass, New Hanover, Upper Frederick and Upper Jackson, Lewis, Loyalsock, Lycoming, McHenry, Mcintyre, Hanover and the Boroughs of East Greenville, Green Lane, Pen­ McNett, Mifflin, Mill Creek, Muncy, Old Lycoming, Piatt, Pine, nsburg and Red Hill; and all of Northampton County. Plunketts Creek, Porter, Shrewsbury, Susquehanna, Upper Fair­ (16) The Sixteenth District is composed of part of Berks field, Watson, Wolf and Woodward and the Boroughs of County consisting of the Townships of Bern, Bethel, Centre, Hughesville, Jersey Shore, Montoursville and Salladasburg; all of Heidelberg, Jefferson, Lower Heidelberg, Marion, Muhlenberg, Monroe County; all of Pike County; all of Sullivan County; all of North Heidelberg, Penn, South Heidelberg, Tulpehocken and Susquehanna County; all of Tioga County; all of Wayne County; Upper Tulpehocken and the Boroughs of Bernville, Centerport, and all of Wyoming County. Laureldale, Leesport, Robesonia, Shoemakersville, Strausstown, (11) The Eleventh District is composed of all of Carbon Temple, Wernersville and Womelsdorf; part of Chester County County; all of Columbia County; part of Lackawanna County consisting of the Townships of Honeybrook, Sadsbury, West consisting of the City of Carbondale and the Townships of Cain and West Sadsbury and the Borough of Honey Brook; all of Carbondale, Clifton, Covington, Elmhurst, Fell, Jefferson, Lancaster County; and part of Lebanon County consisting of the Lehigh, Madison, Roaring Brook and Spring Brook and the City of Lebanon and the Townships of Annville, Heidelberg, Boroughs of Archbald, Blakely, Dickson City, Dunmore, Jackson, Millcreek, North Cornwall, South Annville, South Jermyn, Jessup, Mayfield, Moscow, Olyphant and Throop; all of Londonderry and West Cotnwall and the Boroughs of Cleona, Luzerne County; and part of Northumberland County consisting Cornwall, Mt. Gretna, Myerstown and Richland. of the City of Shamokin and the Townships of Coal, East (17) The Seventeenth District is composed of all of Dauphin Cameron, Mt. Carmel, Upper Mahanoy and West Cameron and County; part of Lebanon County consisting of the Townships of the Boroughs of Kulpmont, Marion Heights and Mt. Carmel. Bethel, East Hanover, North Annville, North Lebanon, North (12) The Twelfth District is composed of part of Armstrong Londonderry, South Lebanon, Swatara, Union and West County consisting of the Townships of Bethel, Burrell, Cadogan, Lebanon and the Boroughs of Jonestown and Palmyra; part of Gilpin, Kiskiminetas, Kittanning, Manor, Parks, Plumcreek, Lycoming County consisting of the Townships of Armstrong, South Bend and South Buffalo and the Boroughs of Apollo, Bastress, Brady, Clinton, Franklin, Jordan, Limestone, Elderton, Ford City, Ford Cliff, Freeport, Leechburg, Man­ Moreland, Muncy Creek, Nippenose, Penn and Washington and orville and North Apollo; all of Cambria County; part of Clear­ the Boroughs of Duboistown, Montgomery, Muncy, Picture field County consisting of the Townships of Bell, Bloom, Boggs, Rocks and South Williamsport; all of Montour County; part of Bradford, Brady, Burnside, Chest, Cooper, Covington, Fer­ Northumberland County consisting of the City of Sunbury and guson, Girard, Goshen, Graham, Greenwood, Huston, Law­ the Townships of Delaware, East Chillisquaque, Jackson, rence, Morris, Penn, Pike, Pine and Union and the Boroughs of Jordan, Lewis, Little Mahanoy, Lower Augusta, Lower Burnside, Clearfield, Curwensville, Grampian, Lumber City, Mahanoy, Point, Ralpho, Rockefeller, Rush, Shamokin, Turbot, Mahaffey, New Washington, Newburg, Troutville, Wallaceton Upper Augusta, Washington, West Chillisquaque and Zerbe and and Westover; all of Fayette County; part of Indiana County the Boroughs of Herndon, McEwensville, Milton, North­ consisting of the Townships of Armstrong, Blacklick, Brush umberland, Riverside, Snydertown, Turbotville and Valley, Buffington, Burrell, Center, Cherryhill, Conemaugh, Watsontown; all of Schuylkill County; and part of Union County East Wheatfield, Green, Pine, Washington, West Wheatfield, consisting of the Townships of East Buffalo, Gregg, Limestone, White and Young and the Boroughs of Armagh, Blairsville, Union and White Deer and the Boroughs of Lewisburg and New Cherry Tree, Clymer, Creekside, Homer City, Indiana, Berlin. Jacksonville, Saltsburg and Shelocta; all of Somerset County; -usf The Eighteenth District is composed of part of Allegheny and part of Washington County consisting of the Township of County consisting of the Townships of Aleppo, Baldwin, Collier, West Pike Run and the Boroughs of Allenport, California, Cen­ Crescent, Findlay, Frazer, Hampton, Harmar, Indiana, Kilbuck, terville, Charleroi, Coal Center, Elco, Roscoe, Speers, Stockdale Leet, Marshall, McCandless, Moon, Mt. Lebanon, Neville, and West Brownsville. North Fayette, O'Hara, Ohio, Penn Hills Wards 3 (Divisions 1, (13) The Thirteenth District is composed of part of 2, 4 and 6), 4, 5, 6, 7, 8 and 9 (Divisions 1, 2, 3 and 4), Pine, Montgomery County consisting of the Townships of Abington, Richland, Robinson, Ross, Scott, Shaler, South Fayette, South Cheltenham, East Norriton, Horsham, Limerick Districts 1 and Park, Upper St. Clair and West Deer and the Boroughs of Aspi­ 2, Lower Frederick, Lower Gwynedd, Lower Merion, Lower nwall, Avalon, Bell Acres, Bellevue, Ben Avon, Ben Avon Moreland, Lower Pottsgrove, Lower Providence, Montgomery, Heights, Bethel Park, Bradford Woods, Brentwood, Bridgeville, Perkiomen, Plymouth, Skippack, Springfield, Upper Dublin, Carnegie, Castle Shannon, Churchill, Coraopolis, Crafton, Upper Gwynedd Districts 1, 2 and 3, Upper Merion, Upper Edgeworth, Emsworth, Fox Chapel, Franklin Park, Glenfield, Moreland, Upper Providence Districts Mingo and Trappe, West Green Tree, Haysville, Heidelberg, Jefferson, Leetsdale, Norriton, Whitemarsh, Whitpain and Worcester and the McDonald (Allegheny County portion), Oakdale, Oakmont, Boroughs of Ambler, Bridgeport, Bryn Athyn, Collegeville, Con­ Osborne, Pennsbury Village, Pleasant Hills, Rosslyn Farms, shohocken, Hatboro, Jenkintown, Lansdale, Narberth, Nor­ Sewickley, Sewickley Heights, Sewickley Hills, Thornburg, ristown, North Wales, Pottstown, Rockledge, Royersford, Verona, West View and Whitehall; and part of Washington Schwenksville, Trappe and West Conshohocken. County consisting of the Township of Peters. (14) The Fourteenth District is composed of part of Alle­ (19) The Nineteenth District is composed of part of Adams gheny County consisting of the Cities of Duquesne and County consisting of the Townships of Berwick, Butler, Cone­ Pittsburgh and the Townships of Kennedy, Penn Hills Wards I, wago, Germany, Hamilton, Huntington, Latimore, Menallen, 2, 3 (Divisions 3 and 5) and 9 (Division 5), Reserve, Stowe and Mt. Pleasant, Oxford, Reading, Strahan, Tyrone and Union and 1992 LEGISLATIVE JOURNAL-SENATE 1619 the Boroughs of Abbottstown, Bendersville, Biglerville, The PRESIDENT. The Chair is advised and it is the Chair's Bonneauville, East Berlin, Littlestown, McSherrystown, New understanding that it is identical to the amendment that has Oxford and York Springs; part of Cumberland County consisting been passed. of the Townships of Cooke, Dickinson, East Pennsboro, Hampden, Lower Allen, Middlesex, Monroe, Penn, Ship­ Senator LINCOLN. Mr. President, I wonder under the cir­ pensburg, Silver Spring, South Middleton, South Newton, South­ cumstances of an amendment being offered to an amendment ampton, Upper Allen and West Pennsboro and the Boroughs of that was identical to an amendment that had just been offered Camp Hill, Carlisle, Lemoyne, Mechanicsburg, Mt. Holly and accepted by this Body, if that is not frivolous, then I am Springs, New Cumberland, Shippensburg (Cumberland County sure that I have to go back to my dictionary and find out what portion), Shiremanstown, West Fairview and Wormleysburg; and all of York County. frivolous means. (20) The Twentieth District is composed of part of Allegheny The PRESIDENT. The Chair thanks the gentleman. If the County consisting of the Cities of Clairton and McKeesport and gentleman is raising an objection inasmuch as the amendment the Townships of East Deer, Fawn, Harrison, North Versailles, is identical to a previous one, then the gentleman's point is South Versailles and Springdale and the Boroughs of well taken. The question originally was whether or not it was Brackenridge, Cheswick, Dravosburg, East McKeesport, Glass­ port, Liberty, Lincoln, Monroeville, Pitcairn, Plum, Port Vue, frivolous. The Chair does not find it frivolous. The Chair Springdale, Tarentum, Trafford (Allegheny County portion), finds it redundant. Turtle Creek, Versailles, Wall, West Mifflin Districts 1, 5, 6, 7, 8, Senator LINCOLN. Mr. President, my argument is that the 10, 11, 12, 13, 14, 16, 17, 18, 19, 20 and 21, White Oak Districts amendment is frivolous in nature. It is offered not to alter the 1, 2, 3 and 5 and Wilmerding; and all of Westmoreland County. bill in any way, shape or form. It is offered to either, one, (21) The Twenty-first District is composed of all of Butler County; all of Crawford County; part of Erie County consisting politically embarrass the offerer of the original amendment or of the City of Erie and the Townships of Conneaut, Elk Creek, to cause some political discomfort for that particular individ­ Fairview, Franklin, Girard, Greene, Harborcreek, Lawrence ual, and it is frivolous in that the amendment has already been Park, McKean, Millcreek, Springfield, Summit and Washington accepted by the Body and is part of House Bill No. 541. There and the Boroughs of Albion, Cranesville, Edinboro, Fairview, is no way that you can say that it is not frivolous in nature to Girard, Lake City, McKean, Platea and Wesleyville; part of Mercer County consisting of the Townships of Coolspring, Deer do that. Redundant, whatever, it is frivolous. Creek, Delaware, East Lackawannock, Fairview, Findley, French The PRESIDENT. The Chair thanks the gentleman. Under Creek, Greene, Hempfield, Jackson, Jefferson, Lackawannock, Section 401 of Mason's Manual, the Chair would point out Lake, Liberty, Millcreek, New Vernon, Otter Creek, Perry, Pine, that the gentleman's point would be well taken if he referred Pymatuning, Salem, Sandy Creek, Sandy Lake, South to the notion of an amendment identical with one previously Pymatuning, Springfield, Sugar Grove, West Salem, Wilmington, Wolf Creek and Worth and the Boroughs of Clark, decided on the same bill is not in order. The Chair will assume Fredonia, Greenville, Grove City, Jackson Center, Jamestown, that is the gentleman's objection to the gentleman's amend­ Mercer, New Lebanon, Sandy Lake, Sheakleyville and ment. Stoneboro; and part of Venango County consisting of the Town­ Senator LINCOLN. Mr. President, I have no Mason's ships of Canal, Clinton, Cranberry, Frenchcreek, Irwin, Mineral, Manual in front of me, but I would be very happy to accept Rockland, Sandycreek, Scrubgrass and Victory and the Boroughs ofBarkeyville, Clintonville, Emlenton, Polk and Utica. the wording in my motion objecting to this particular amend­ ment to the amendment on the basis of what the Chair has On the question, just read from Mason's Manual. Will the Senate agree to the amendment to the amendment? The PRESIDENT. The Chair thanks the gentleman for his PARLIAMENTARY INQUIRY point of order and would rule in his behalf. In fact, this amendment has been offered in virtually the same condition Senator LINCOLN. Mr. President, I rise to a question of that has just been adopted by the Senate. Therefore, the Chair parliamentary inquiry. would rule that the amendment is out of order. The PRESIDENT. The gentleman from Fayette, Senator Lincoln, will state it. RULING OF CHAIR APPEALED Senator LINCOLN. Mr. President, I apologize for not Senator LOEPER. Mr. President, I would respectfully dis­ having prepared for this and I am not sure what the Rules say, agree with the ruling of the Chair on the fact that the bill has but I believe there might be something in our Rules about friv­ been amended to reflect the amendment that I am currently olous efforts and I wonder if the offering of this amendment offering. The amendment that the gentleman from West­ could not be, in your judgment, a frivolous amendment? moreland, Senator Porterfield, is offering would drastically The PRESIDENT. The Chair thanks the gentleman for his change the plan as amended and, therefore, it would be my point, and while we are experiencing legislative deja vu here, view, Mr. President, that in order to return the plan to its the Chair cannot honestly call the amendment frivolous. original form, which was just adopted by 26 votes, our There is a substantive change to Senator Porterfield's original amendment would be in order. Therefore, Mr. President, I amendment. would appeal the ruling of the Chair. Senator LINCOLN. Mr. President, the amendment to the Senator MELLOW. Mr. President,- amendment, how does it reflect to the amendment that was The PRESIDENT. If the gentleman would yield just a just passed to House Bill No. 541? Is it identical in nature? moment while the Chair unclutters his own mind on the subject. Senator Loeper has appealed the ruling of the Chair, 1620 LEGISLATIVE JOURNAL-SENATE FEBRUARY 3, and the Chair confesses that there are sufficient grounds for Senate if, in fact, he is in favor of creating, as he has said debate and discussion on the issue. The Chair would recognize earlier today, a new seat for Westmoreland County. Basically, the gentleman from Cambria, Senator Stewart, first. what this amendment does is do that. If Senator Loeper is On the question, opposed to the amendment for some particular reason, all he Shall the ruling of the Chair be sustained? has to do then is marshal his same troops, have them walk to the beat of the drummer and put up his 26 votes that he has to PARLIAMENTARY INQUIRY lead the Senate to vote against Senator Porterfield's amend­ Senator STEWART. Mr. President, I rise to a question of ment. It seems rather simple. I have no idea why he is trying to parliamentary inquiry. confuse the issue by further offering an amendment because The PRESIDENT. The gentleman from Cambria, Senator what is going to happen is we are just going to continue to get Stewart, will state it. in this constant round robin tonight of offering an amend­ Senator STEWART. Mr. President, the amendment, ment to an amendment and we may be here all night just dis­ A0392, that I have in front of me has been amended, appar­ cussing that particular procedure. We would think to be expe­ ently, since it left the Reference Bureau. The amendment, dient and to try to get along with the business of the Senate A0392, that the gentleman wants to offer has a printed that Senator Loeper should withdraw his amendment. He number which is scratched out and a handwritten number should consider the merit of Senator Porterfield's amendment written in. A few lines down it has a few other things that are on its own because the amendment that he wants in has printed from the Reference Bureau scratched out and other already been concurred upon by his 26 votes. things written in, and I would ask in the following parlia­ The PRESIDENT. The Chair would remind all the mentary inquiry, can we do that? If we can, I have a whole Members of the Senate that the issue before the Senate is an bunch of things I would like to do to it. appeal of the ruling of the Chair, and that is the matter that The PRESIDENT. The Chair is advised by the Parlia­ we have before us. mentarian that, yes, in fact, there are some handwritten nota­ PARLIAMENTARY INQUIRY tions on the amendment. These were done for the sake of expediency. in drafting the amendment and completing the Senator PORTERFIELD. Mr. President, I rise to a ques­ task. The Chair would also point out to the gentleman that tion of parliamentary inquiry. this has been done on occasion. There is precedent for it in The PRESIDENT. The gentleman from Westmoreland, our machinations. The Chair does not find that alteration to Senator Porterfield, will state it. be a fatal flaw in the amendment. It is clear what the amend­ Senator PORTERFIELD. Mr. President, would it be ment is, even with the handwritten changes. proper to interrogate the gentleman from Allegheny, Senator Senator MELLOW. Mr. President, the way I understand it, Fisher, on his remarks? The PRESIDENT. If there is agreement from the other the gentleman from Delaware, Senator Loeper, has offered an amendment to the amendment of the gentleman from West­ party, an interrogation is always in order. The Chair does not moreland, Senator Porterfield, and the amendment that has see Senator Fisher on the floor, however. been offered by Senator Loeper is identical to the amendment Senator LOEPER. Mr. President, is not the only issue before the Body the appeal of the ruling of the Chair? that just was passed by the Senate by a vote of 26-24. The PRESIDENT. The gentleman is correct so far. The PRESIDENT. That is correct. The Chair assumes that Senator MELLOW. Mr. President, I am kind of confused the interrogation would have some relevance to that appeal, at that point as to why Senator Loeper then would offer that but Senator Fisher not being on the floor, the Chair suggests to the gentleman that we wait for the appropriate time. same amendment to Senator Porterfield's amendment. It must be for one of two reasons. Either Senator Loeper fears LEGISLATIVE LEAVES for some reason the potential passage of Senator Porterfield's Senator LOEPER. Mr. President, I would request tempo­ amendment, that he cannot hold his caucus to the same 26 rary Capitol leaves on behalf of Senator Hopper and Senator votes, because all Senator Loeper would have to do is to put Bell. up the same votes and defeat Senator Porterfield's amend­ The PRESIDENT. Senator Loeper requests temporary ment, and the only thing then that would be before us would Capitol leaves for Senator Hopper and Senator Bell. The be House Bill No. 541 as amended by Senator Loeper. Is that Chair hears no objection. Those leaves will be granted. correct, Mr. President? The PRESIDENT. The Chair would point out that you are And the question recurring, directing your inquiry to the wrong person. I cannot speak for Shall the ruling of the Chair be sustained? the vibrations of Senator Loeper. The PRESIDENT. Once again on the issue at hand, the Senator MELLOW. All right, Mr. Presi~ent. I will not Chair has ruled the Loeper amendment to the Porterfield direct the inquiry. I realize what I have stated is to be accu­ amendment out of order. An "aye" vote is a vote to sustain rate. Once again, it is hard for me to understand why there the appeal, that is, an "aye" vote is to overturn the ruling, would be such a reluctancy on the part of Senator Loeper to and a "no" vote is a vote against the appeal and to rule the allow Senator Porterfield's amendment to be addressed by the Loeper amendment out of order. 1992 LEGISLATIVE JOURNAL-SENATE 1621

And the question recurring, the Porterfield amendment or the Loeper amendment to the Shall the ruling of the Chair be sustained? Porterfield amendment could not stand on their own. I would insist on a ruling of the Chair that we divide the question. The yeas and nays were required by Senator LOEPER and The PRESIDENT. The Chair simply points out that it is were as follows, viz: possible to divide one main motion along the line that the gen­ YEAS-26 tleman suggests, but it is not possible to divide two separate Armstrong Greenwood Loeper Robbins main motions. There is a motion to adopt the Loeper amend­ Baker Hart Madigan Salvatore ment and then there will be a vote on the Porterfield amend­ Bell Helfrick Pecora Shaffer ment. Granted, at that point the Porterfield amendment is Brightbill Holl Peterson Shumaker Corman Hopper Punt Tilghman subsumed by the Loeper amendment, but we have only one Fisher Jubelirer Rhoades Wenger issue before us. That is the Loeper amendment. Greenleaf Lemmond Senator LINCOLN. Mr. President, I would strongly dis­ NAYS-24 agree with that. The Loeper amendment is an amendment to Afflerbach Fattah Lynch Scanlon the Porterfield amendment which, in my mind, says that the Andrezeski Furno Mellow Schwartz Porterfield amendment is definitely before us. Bel an Jones Musto Stapleton Bodack LaValle O'Pake Stewart SENATE AT EASE Bortner Lewis Porterfield Stout Dawida Lincoln Reibman Williams The PRESIDENT. The gentleman will yield. The Senate really is in need of being at ease for a minute or two. A majority of the Senators having voted "aye," the ques­ (The Senate was at ease.) tion was determined in the affirmative. The PRESIDENT. The ruling of the Chair notwithstand­ The PRESIDENT. If you could describe a way to divide the ing, the Loeper amendment is in order and before us. Loeper amendment that would be appropriate, the Chair would certainly entertain that. MOTION TO DIVIDE THE QUESTION Senator LINCOLN. Mr. President, my suggestion would Senator LINCOLN. Mr. President, I would move that we be that we would vote on the Porterfield amendment first, divide the question. and then vote on the Loeper amendment second. The PRESIDENT. Is the gentleman suggesting that we The PRESIDENT. The Chair is advised by the Parlia­ divide the Loeper amendment? mentarian, and the Chair agrees, that even if it were possible, Senator LINCOLN. Mr. President, divide the Loeper it is not practical. It is not possible to vote on the Porterfield amendment from the Porterfield amendment. My under­ amendment until we dispose of the amendment to his amend­ standing is both amendments could stand on their own, and ment. The Chair understands what you are trying to accom­ that is the issue as far as voting for something in division. So, plish, but I am having trouble getting there too. I would move that we divide the question. Senator LINCOLN. Mr. President, I believe the issue is so The PRESIDENT. The Chair is a bit confused because clearly frivolous, that the argument that I am making makes a there are two separate issues at hand. The first is the Loeper frivolous issue stupid. The stupidity of this amendment to the amendment and then would be the Porterfield amendment as amendment is something that I am having a hard time under­ amended, so the issue is already divided in that fashion. standing, and I do not understand how anybody could rule Senator LINCOLN. Mr. President, I am sorry. Someone that, even the Parliamentarian who I have a great deal of was talking to me and- respect for and I have a great deal of respect for his fairness, The PRESIDENT. The Chair is simply pointing out that that if there are two separate issues that can stand indepen­ the issue is already divided in the fashion the gentleman sug­ dently, then I see no reason why you cannot vote on the first gests. We are dealing only with the Loeper amendment at the amendment that was offered separately and then vote on the present time. second amendment to the amendment separately. What you Senator LINCOLN. Mr. President, what becomes of the are going to have when you get done I am not sure, but I Porterfield amendment if the Loeper amendment is adopted? believe you have a very legitimate reason for dividing these, The PRESIDENT. It becomes swallowed up, much like particularly since the Majority Party took what is obviously Jonah. frivolous and made it not frivolous by a power vote. I believe Senator LINCOLN. Mr. President, in other words, a vote it can clearly stand on its own. Either one of these amend­ for the Loeper amendment would make the Porterfield ments could stand on its own, and I think they could be amendment disappear? divided. The PRESIDENT. The gentleman is correct. The PRESIDENT. The gentleman is correct and I thank the Senator LINCOLN. Mr. President, then I would very gentleman. The Chair does not wish to appear stubborn or strongly urge a division of the question. In the explanation intransigent, but the Chair and the Body can only deal with that has been given to me in 20 years of arguing Rules in the one motion at a time, one item that is before us, and that item House and the Senate is that you can vote independently on at present is Senator Loeper's amendment, so we are com­ any issue that can stand on its own, and I cannot imagine that pelled to deal with that at this moment. 1622 LEGISLATIVE JOURNAL-SENATE FEBRUARY 3,

Senator LINCOLN. Mr. President, if this were not an Amend Bill, page 2, lines 26 through 28, by striking out all of amendment that had already been placed in the bill, I would said lines and inserting: completely concur with that. The problem that I have is, what Section l. Section 953(e) of the act of June 3, 1937 happens if Senator Porterfield withdraws his amendment and (P.L.1333, No.320), known as the Pennsylvania Election Code, we still have Senator Loeper's amendment to the amendment added March 3, 1982 (P.L.127, No.42), is amended to read: Section 953. Place and Time of Filing Nomination Papers.- before us? Are we going to go through the process of voting *** on that amendment once again? (e) For the primary election in the year 1992, the time sched­ The PRESIDENT. No. We will not have it before us. If the ule for the initial circulation of nomination petitions for the amendment is adopted, then there will be one further vote on Office of Representative in Congress and for candidate for dis­ the Porterfield amendment. trict delegate and alternate district delegate to a national party convention shall commence with the effective date of this act. For Senator PORTERFIELD. Mr. President, on the amend­ the primary election in the year [1982] 1992, the time schedule ment, I would like to state that the gentleman from Alle­ relating to [circulating and] filing of nominating petitions, filing gheny, Senator Fisher, after my last comments, stated that he of objections, and casting of lots for position on the ballot or did not quite understand what it was I was saying. Well, it is ballot labels for the Office of Representative in Congress and for very clear, if the Senator would look at the actual numbers. candidate for district delegate and alternate district deleg~ national party convention shall be delayed [twenty-one (21)] He would find that the approximate 268,000 individuals rep­ seven (7) days from the times otherwise specified in this act and resented by what was my amendment was the majority of all the time for withdrawal of candidates for such office shall be of those districts mentioned in my previous amendment. He delayed [fourteen (14)] seven (7) days from the time otherwise seemed to allude that I was interested in keeping Congressman specified in this act. Murtha. That is absolutely correct. He has done a lot for our Section 2. Article XVIII-A of the act is repealed. Amend Sec. 2, page 2, line 29, by striking out "2" and insert­ district. I also mentioned that I was interested in seeing ing: 3 someone from central Westmoreland elected who could repre­ Amend Sec. 2, (Sec. 1801-A), page 17, lines 15 through 30; sent the people and go on the coattails of Congressman pages 18 through 25, lines 1 through 30; page 26, lines 1 through Murtha and learn the ropes. Senator Fisher mentioned that he 14, by striking out all of said lines on said pages and inserting: did not quite understand what I was doing. Therefore, he (1) The First District is composed of part of Delaware County must be alluding that Congressman Murtha would be the consisting of the City of Chester and the Townships of Darby, Congressman for the Twentieth District as the amendment Ridley (Blocks 903 and 919 of 1990 Census Tract 4041.03) and Tinicum and the Boroughs of Colwyn, Eddystone, Folcroft and now stands before us. I would remind the Senator from Alle­ Glenolden; and part of Philadelphia County consisting of the gheny County that unless somebody has moved, it is my City of Philadelphia Wards 1 (Divisions 1, 2, 3, 4, 5, 6, 7, 8, 9, understanding that Congressman Murtha is from Cambria 10, ll, 12, 13, 14, 15, 16 and 20), 2 (Divisions 2, 3, 4, 5, 6, 7, 8, 9, County and, therefore, the district lines of the Twentieth Dis­ 10, 11, 12, 13, 15, 17, 18, 19, 20,21 and 22), 5 (Divisions 3, 6, 7, trict would not include that gentleman in my district. 8, 9, 10, 14, 15, 17, 20, 22 and 23 , 7, 10, ll, 12, 13, 1 , 6, 3 · 'sions 29, 35 and 37 , 37, 39, AMENDMENT WITHDRAWN 4, 7, 13, 17, 20 a 21 , 43, 47,48 Divisions 1, , 15, 16 and 17) and 49. Senator PORTERFIELD. Mr. President, based on the fact The Second District is com osed of art of Delaware that for some reason the other side of the aisle does not wish Coun consist Borou hs of Darb , Lansdowne and to see a vote on my amendment and they wish to cloud the Yeadon; and p elphia County consisting of the City issue, continue to create chaos here, subject us to amendments of Philadelphia Wards 2 (Divisions 14 and 16), 3, 4, 6, 8, 9, 15, 21, 22, 24, 27, 28, 29, 34,36 (Divisions 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, which represent what is actually before us and completely 11, 12, 13, 14, 15, 16, 17' 18, 19, 20, 21' 22, 23, 24, 25, 26, 27' 28, cover the amendment which I think is realistic and represents 30, 31, 32, 33, 34, 36, 38, 39, 40and41, 38, 44,46 48 Divisions a realistic number in each of the districts in the western 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 18, 19, 20, 21, 22 and 52, portion of the state, I respectfully withdraw my amendment. 59 and 60. The PRESIDENT. The Chair thanks the gentleman. (3) The Third District is composed of part of Philadelphia County consisting of the City of Philadelphia Wards 1 (Divisions Senator Porterfield withdraws his amendment thereby render­ 17, 18, 19 and 21), 2 (Divisions 1, 23, 24, 25, 26 and27), 5 (Divi- ing both points moot. What we have now is House Bill No. sio 16, 18, 19 and 21 , 18, 23, 25, 31, 33, 35, 41,42 541 as amended by the Loeper amendment, and the Chair Div 3, 5, 6, 8, 10, 11 12, 14, 15, 16, 18, 19, 22, 23, understands that there are further amendments. 24 53, 54 61, 62, 63, 64, 65 and 66. e ourt 1stnct IS com osed of art of Aile hen And the question recurring, County consisting of the Townships of East Deer, Fawn, Frazer, Will the Senate agree to the bill on third consideration, as Harrison, Marshall, Pine, Richland and West Deer and the amended? Boroughs of Brackenridge, Bradford Woods, Plum and Tarentum; all of Beaver County; part of Butler County consisting STEWART AMENDMENT II of the Townships of Adams, Buffalo, Clinton, Cranberry, Jackson and Middlesex and the Boroughs of Harmony, Mars, Senator STEWART, by unanimous consent, offered the Saxonburg, Seven Fields, Valencia and Zelienople; all of Law­ following amendment No. A0393: rence County; and part of Westmoreland County consisting of Amend Title, page 1, line ll, by inserting after "elections,"": the Cities of Arnold, Jeannette, Lower Burrell and New further providing for the place and time of filing nomination Kensington and the Townships of Allegheny, North Huntingdon, papers; and Penn, Salem, Upper Burrell and Washington and the Boroughs 1992 LEGISLATIVE JOURNAL-SENATE 1623 1624 LEGISLATIVE JOURNAL-SENATE FEBRUARY 3,

East Nantmeal, East Nottingham, East Vincent, Elk, Franklin, Osborne, Sewickley and Sewickley Heights; part of Fayette Highland, Honeybrook, Kennett, London Britain, London County consisting of the City of Uniontown and the Townships Grove, Londonderry, Lower Oxford, New Garden, New of Brownsville, Franklin, Georges, German, Jefferson, Luzerne, London, Newlin, North Coventry, Penn, Pennsbury, Pocopson, Menallen, Nicholson, Perry, Redstone, South Union, Springhill, Sadsbury, South Coventry, Upper Oxford, Upper Uwchlan, Washington and Wharton and the Boroughs of Belle Vernon, Uwchlan, Valley, Wallace, Warwick, West Bradford, West Brownsville, Fairchance, Fayette City, Masontown, Newell, Per­ Brandywine, West Caln, West Fallowfield, West Goshen, West ryopolis, Point Marion and Smithfield; all of Greene County; all Marlborough, West Nantmeal, West Nottingham, West of Washington County; and part of Westmoreland County con­ Pikeland, West Sadsbury, West Vincent, West Whiteland and sisting of the Cities of Greensburg and Monessen and the Town­ Willistown and the Boroughs of Atglen, Avondale, Downing­ ships of Hempfield, Rostraver, Sewickley and South Huntingdon town, Elverson, Honey Brook, Kennett Square, Modena, and the Boroughs of Adamsburg, Arona, Hunker, Madison, Oxford, Parkesburg, South Coatesville, West Chester and West New Stanton, North Belle Vernon, Penn, Smithton, South Grove; and part of Lancaster County consisting of the City of Greensburg, Southwest Greensburg, Sutersville, West Newton Lancaster and the Townships of Bart, Brecknock, Caernarvon, and Youngwood. Colerain, Drumore, Earl, East Cocalico, East Drumore, East (21) The Twenty-first District is composed of part of Butler Earl, East Hempfield, East Lampeter, Eden, Fulton, Lancaster, County consisting of the City of Butler and the Townships of Leacock, Little Britain, Manheim, Martie, Paradise, Pequea, Allegheny, Brady, Butler, Center, Cherry, Clay, Clearfield, Providence, Sadsbury, Salisbury, Strasburg, Upper Leacock, Concord, Connoquenessing, Donegal, Fairview, Forward, Warwick, West Earl and West Lampeter and the Boroughs of Franklin, Jefferson, Lancaster, Marion, Mercer, Muddycreek, Adamstown (Lancaster County portion), Christiana, Denver, Oakland, Parker, Penn, Slippery Rock, Summit, Venango, East Petersburg, Lititz, Millersville, New Holland, Quarryville, Washington, Winfield and Worth and the Boroughs of Bruin, Strasburg and Terre Hill. Callery, Cherry Valley, Chicora, Connoquenessing, East Butler, (17) The Seventeenth District is composed of part of Cum­ Eau Claire, Evans City, Fairview, Harrisville, Karns City, berland County consisting of the Townships of East Pennsboro Petrolia, Portersville, Prospect, Slippery Rock, West Liberty and and Hampden and the Boroughs of Camp Hill, West Fairview West Sunbury; part of Crawford County consisting of the City of and Wormleysburg; all of Dauphin County; part of Lancaster Meadville and the Townships of Beaver, Cambridge, Conneaut, County consisting of the Townships of Clay, Conestoga, Conoy, Cussewago, East Fairfield, East Fallowfield, East Mead, Fair­ East Donegal, Elizabeth, Ephrata, Manor, Mt. Joy, Penn, field, Greenwood, Hayfield, North Shenango, Pine, Sadsbury, Rapho, West Cocalico, West Donegal and West Hempfield and South Shenango, Spring, Summerhill, Summit, Union, Venango, the Boroughs of Akron, Columbia, Elizabethtown, Ephrata, Vernon, West Fallowfield, West Mead, West Shenango and Manheim, Marietta, Mountville and Mt. Joy; all of Lebanon Woodcock and the Boroughs of Blooming Valley, Cambridge County; and part of Perry County consisting of the Townships of Springs, Cochranton, Conneaut Lake, Conneautville, Linesville, Buffalo, Carroll, Greenwood, Howe, Juniata, Liverpool, Miller, Saegertown, Springboro, Venango and Woodcock; all of Erie Oliver, Penn, Rye, Watts and Wheatfield and the Boroughs of County; and all of Mercer County. Duncannon, Liverpool, Marysville, New Buffalo and Newport. Amend Sec. 3, page 27, line 7, by striking out "3" and insert­ (18) The Eighteenth District is composed of part of Allegheny ing: 4 County consisting of the Cities of Clairton, Duquesne and Amend Sec. 4, page 27, line 16, by striking out "4" and insert­ McKeesport and the Townships of Aleppo, Baldwin, Collier, ing: 5 Hampton, Harmar, Indiana, Kennedy, Kilbuck, Leet, Amend Sec. 5, page 27, line 18, by striking out "5" and insert- McCandless, Mt. Lebanon, Neville, North Versailles, O'Hara, ing: 6 Ohio, Penn Hills, Reserve, Robinson, Ross, Scott, Shaler, Springdale and Wilkins and the Boroughs of Aspinwall, Bell On the question, Acres, Ben Avon, Ben Avon Heights, Blawnox, Braddock, Will the Senate agree to the amendment? Braddock Hills, Carnegie, Chalfant, Cheswick, Churchill, Senator STEWART. Mr. President, this amendment turns Crafton, Dormont, Dravosburg, East McKeesport, East Pittsburgh, Edgewood, Emsworth, Etna, Forest Hills, Fox back the clock to last Thursday night. Those of us on this side Chapel, Franklin Park, Glassport, Glenfield, Green Tree, of the aisle wish we could literally turn back the clock to last Haysville, Heidelberg, Homestead, Monroeville, Munhall, North Thursday night when the Republicans voted to adjourn but Braddock, Oakmont, Pennsbury Village, Pitcairn, Rankin, we know we cannot do that, so now we are eight days late Rosslyn Farms, Sewickley Hills, Sharpsburg, Springdale, instead of what could have been four days late. As the Swissvale, Thornburg, Trafford (Allegheny County portion), Turtle Creek, Verona, Wall, West Mifflin, West View, Whitaker Members recall, last Thursday night my first amendment was and Wilmerding. adopted, which brought us one step closer to sending a con­ (19) The Nineteenth District is composed of all of Adams gressional reapportionment plan back to the House. This County; part of Cumberland County consisting of the Townships amendment restores the amendment that was adopted last of Cooke, Dickinson, Hopewell, Lower Allen, Lower Frankford, Thursday night, that amendment having been taken out by Lower Mifflin, Middlesex, Monroe, North Middleton, North Newton, Penn, Shippensburg, Silver Spring, South Middleton, the adoption of the Loeper amendment, and also makes two South Newton, Southampton, Upper Allen, Upper Frankford, changes in the Fifth Congressional and the Ninth Congres­ Upper Mifflin and West Pennsboro and the Boroughs of Carlisle, sional Districts. So once again we are back to an amendment Lemoyne, Mechanicsburg, Mt. Holly Springs, New Cumberland, that at one point in time the gentleman from Lebanon Newburg, Newville, Shippensburg (Cumberland County portion) County, Senator Brightbill, supported, an amendment that and Shiremanstown; and all of York County. (20) The Twentieth District is composed of part of Allegheny this entire caucus on this side of the aisle supported and the County consisting of the Townships of Crescent, Findlay, Moon, changes that I have made were to accommodate some requests North Fayette, South Fayette and Upper St. Clair and the that had come in from some other Republican Members. It is Boroughs of Bethel Park, Bridgeville, Coraopolis, Edgeworth, an amendment that if adopted I believe will put the bill in the Leetsdale, McDonald (Allegheny County portion), Oakdale, 1992 LEGISLATIVE JOURNAL-SENATE 1625

position of receiving sufficient votes to pass, to send back to Creek, Donegal, East Bethlehem, East Finley, Fallowfield, the House an amendment that if adopted is going to be like all Hanover, Hopewell, Independence, Jefferson, Morris, Mt. of the other ones we have seen, it is not going to please every­ Pleasant, North Bethlehem, North Franklin, North Strabane, Nottingham, Peters, Robinson, Smith, Somerset, South Frank­ one. But I think we have come to the conclusion that there is lin, South Strabane, Union, West Bethlehem, West Finley and nothing either side can put before this Body that is going to West Pike Run and the Boroughs of Allenport, Beallsville, please everyone. I think it is a realistic, fair approach. It cer­ Bentleyville, Burgettstown, California, Canonsburg, Centerville, tainly does not do great and wonderous things for the Demo­ Charleroi, Claysville, Coal Center, Cokeburg, Deemston, cratic congressional delegation and it is something, if we Dunlevy, East Washington, Elco, Ellsworth, Finleyville, Green Hills, Houston, Long Branch, Marianna, McDonald (Washing­ really wanted to be partisan, we should not even be offering. ton County portion), Midway, New Eagle, North Charleroi, But we are not trying to be partisan, at least I am not trying to Roscoe, Speers, Stockdale, Twilight, West Alexander, West be partisan. I would ask the Members to take a good look at Brownsville and West Middletown. it, remember last Thursday night and vote in the affirmative. (5) The Fifth District is composed of all of Cameron County; part of Centre County consisting of the Townships of Benner, And the question recurring, Boggs, Burnside, College, Curtin, Ferguson, Gregg, Haines, Will the Senate agree to the amendment? Harris, Howard, Huston, Liberty, Marion, Miles, Patton, Penn, Potter, Spring and Walker and the Boroughs of Bellefonte, PORTERFIELD AMENDMENT NO. A0394 TO Centre Hall, Howard, Milesburg, Millheim and State College; all STEWART AMENDMENT A0393 of Clarion County; all of Clinton County; part of Crawford County consisting of the City of Titusville and the Townships Senator PORTERFIELD, by unanimous consent, offered of Athens, Bloomfield, Oil Creek, Randolph, Richmond, Rockdale, the following amendment No. A0394 to amendment No. Rome, Sparta, Steuben, Troy and Wayne and the Boroughs of A0393: Centerville, Hydetown, Spartansburg and Townville; all of Elk County; all of Forest County; all of Jefferson County; part of Amend Amendment, page 1, lines 4 through 53; pages 2 Lycoming County consisting of the Townships of Anthony, through 5, lines 1 through..S7; page 6, lines 1 through 17, by strik­ Bastress, Brown, Cogan House, Cummings, Limestone, ing out all of said lines on said pages and inserting: McHenry, Mifflin, Nippenose, Piatt, Pine, Porter, Susquehanna, (1) The First District is composed of part of Delaware County Washington and Watson and the Boroughs of Jersey Shore and consisting of the City of Chester and the Townships of Darby, Salladasburg; all of McKean County; all of Potter County; all of Ridley (Blocks 903 and 919 of 1990 Census Tract 4041.03) and Tioga County; all of Union County; all of Venango County; and Tinicum and the Boroughs of Colwyn, Eddystone, Folcroft and all of Warren County. Glenolden; and part of Philadelphia County consisting of the (6) The Sixth District is composed of all of Berks County; City of Philadelphia Wards 1 (Divisions 1, 2, 3, 4, 5, 6, 7, 8, 9, part of Montgomery County consisting of the Township of West 10, 11, 12, 13, 14, 15, 16 and 20), 2 (Divisions 2, 3, 4, 5, 6, 7, 8, 9, Pottsgrove and the Borough of Pottstown; part of North­ 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21 and 22), 5 (Divisions umberland County consisting of the City of Sunbury and the 6, 7, 8, 9, 10, 11, 13, 14, 15, 17, 20,22 and 23), 7, 10, 11, 12, 13, Townships of Delaware, Jackson, Jordan, Lewis, Little 14, 16, 17, 19, 20, 26, 30, 32, 36 (Divisions 29, 35 and 37), 37, 39, Mahanoy, Lower Augusta, Lower Mahanoy, Point, Rockefeller, 40, 42 (Divisions 4, 7, 13, 17, 20 and 21 ), 43, 47, 48 (Divisions 1, Turbot, Upper Augusta, Upper Mahanoy, Washington and West 12, 13, 14, 15, 16and 17)and49. Chillisquaque and the Boroughs of Herndon, McEwensville, (2) The Second District is composed of part of Delaware Milton, Northumberland, Turbotville and Watsontown; and all County consisting of the Boroughs of Darby, Lansdowne and of Schuylkill County. Yeadon; and part of Philadelphia County consisting of the City (7) The Seventh District is composed of part of Chester of Philadelphia Wards 3, 4, 6, 8, 9, 15, 21, 22, 24, 27, 28, 29, 34, County consisting of the Townships of Birmingham, 36 (Divisions 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, Charlestown, East Pikeland, East Whiteland, Easttown, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 30, 31, 32, 33, 34, 36, 38, Schuylkill, Thornbury, Tredyffrin and Westtown and the 39,40 and 41), 38, 44, 46, 48 (Divisions 2, 3, 4, 5, 6, 7, 8, 9, 10, Boroughs of Malvern, Phoenixville and Spring City; part of 11, 18, 19, 20, 21, 22 and 23), 50, 51, 52, 59 and 60. Delaware County consisting of the Townships of Aston, Bethel, (3) The Third District is composed of part of Philadelphia Birmingham, Chester, Concord, Edgemont, Haverford, Lower County consisting of the City of Philadelphia Wards 1 (Divisions Chichester, Marple, Middletown, Nether Providence, Newtown, 17, 18, 19 and 21), 2 (Divisions l, 23, 24, 25, 26 and 27), 5 (Divi­ Radnor, Ridley (Excluding Blocks 903 and 919 of 1990 Census sions 1, 2, 3, 4, 5, 12, 16, 18, 19 and 21), 18, 23, 25, 31, 33, 35, 41, Tract 4041.03), Springfield, Thornbury, Upper Chichester, 42 (Divisions 1, 2, 3, 5, 6, 8, 9, 10, 11, 12, 14, 15, 16, 18, 19, 22, Upper Darby and Upper Providence and the Boroughs of Aldan, 23, 24and25),45, 53, 54, 55, 56, 57, 58, 61, 62, 63, 64,65 and66. Brookhaven, Chester Heights, Clifton Heights, Collingdale, East (4) The Fourth District is composed of part of Allegheny Lansdowne, Marcus Hook, Media, Millbourne, Morton, County consisting of the Townships of Crescent, Findlay, Moon, Norwood, Parkside, Prospect Park, Ridley Park, Rose Valley, North Fayette, South Fayette and Upper St. Clair and the Rutledge, Sharon Hill, Swarthmore, Trainer and Upland; and Boroughs of Bethel Park, Bridgeville, Coraopolis, Edgeworth, part of Montgomery County consisting of the Township of Leetsdale, McDonald (Allegheny County portion), Oakdale, Upper Merion and the Boroughs of Bridgeport and Royersford. Osborne, Sewickley and Sewickley Heights; all of Beaver County; (8) The Eighth District is composed of all of Bucks County; part of Fayette County consisting of the Townships of Jefferson, and part of Montgomery County consisting of the Township of Luzerne and Washington and the Boroughs of Brownsville, Horsham and the Borough of Telford (Montgomery County Fayette City and Newell; all of Greene County; part of Lawrence portion). County consisting of the Townships of Little Beaver, Mahoning (9) The Ninth District is composed of all of Bedford County; and North Beaver and the Boroughs of Bessemer, Enon Valley, all of Blair County; part of Centre County consisting of the New Beaver, S.N.P.J. and Wampum; and part of Washington Townships of Halfmoon, Rush, Snow Shoe, Taylor, Union and County consisting of the City of Washington and the Townships Worth and the Boroughs of Philipsburg, Port Matilda, Snow of Amwell, Blaine, Buffalo, Canton, Cecil, Chartiers, Cross Shoe, South Philipsburg and Unionville; all of Clearfield 1626 LEGISLATIVE JOURNAL-SENATE FEBRUARY 3,

County; all of Franklin County; all of Fulton County; all of Liberty, Lincoln, McKees Rocks, Millvale, Mt. Oliver, Pleasant Huntingdon County; all of Juniata County; all of Mifflin Hills, Port Vue, Versailles, West Elizabeth, West Homestead, County; part of Perry County consisting of the Townships of White Oak, Whitehall and Wilkinsburg. Centre, Jackson, North East Madison, Saville, South West (15) The Fifteenth District is composed of all of Lehigh Madison, Spring, Toboyne, Tuscarora and Tyrone and the County; part of Montgomery County consisting of the Town­ Boroughs of Blain, Bloomfield, Landisburg and Millerstown; ships of Douglass, New Hanover, Upper Frederick and Upper and all of Snyder County. Hanover and the Boroughs of East Greenville, Green Lane, Pen­ (10) The Tenth District is composed of all of Bradford nsburg and Red Hill; and all of Northampton County. County; all of Lackawanna County; part of Lycoming County (16) The Sixteenth District is composed of part of Chester consisting of the City of Williamsport and the Townships of County consisting of the City of Coatesville and the Townships Armstrong, Brady, Cascade, Clinton, Eldred, Fairfield, Frank­ of Cain, East Bradford, East Brandywine, East Cain, East lin, Gamble, Hepburn, Jackson, Jordan, Lewis, Loyalsock, Coventry, East Fallowfield, East Goshen, East Marlborough, Lycoming, Mcintyre, McNett, Mill Creek, Moreland, Muncy, East Nantmeal, East Nottingham, East Vincent, Elk, Franklin, Muncy Creek, Old Lycoming, Penn, Plunketts Creek, Highland, Honeybrook, Kennett, London Britain, London Shrewsbury, Upper Fairfield, Wolf and Woodward and the Grove, Londonderry, Lower Oxford, New Garden, New Boroughs of Duboistown, Hughesville, Montgomery, London, Newlin, North Coventry, Penn, Pennsbury, Pocopson, Montoursville, Muncy, Picture Rocks and South Williamsport; Sadsbury, South Coventry, Upper Oxford, Upper Uwchlan, part of Monroe County consisting of the Townships of Barrett, Uwchlan, Valley, Wallace, Warwick, West Bradford, West Coolbaugh, Jackson, Middle Smithfield, Paradise, Pocono, Brandywine, West Cain, West Fallowfield, West Goshen, West Smithfield and Tobyhanna and the Boroughs of Delaware Water Marlborough, West Nantmeal, West Nottingham, West Gap and Mt. Pocono; all of Pike County; all of Sullivan County; Pikeland, West Sadsbury, West Vincent, West Whiteland and all of Susquehanna County; all of Wayne County; and all of Willistown and the Boroughs of Atglen, Avondale, Downing­ Wyoming County. town, Elverson, Honey Brook, Kennett Square, Modena, (11) The Eleventh District is composed of all of Carbon Oxford, Parkesburg, South Coatesville, West Chester and West County; all of Columbia County; all of Luzerne County; part of Grove; and part of Lancaster County consisting of the City of Monroe County consisting of the Townships of Chestnuthill, Lancaster and the Townships of Bart, Brecknock, Caernarvon, Eldred, Hamilton, Polk, Price, Ross, Stroud and Tunkhannock Colerain, Drumore, Earl, East Cocalico, East Drumore, East and the Boroughs of East Stroudsburg and Stroudsburg; all of Earl, East Hempfield, East Lampeter, Eden, Fulton, Lancaster, Montour County; and part of Northumberland County consist­ Leacock, Little Britain, Manheim, Martie, Paradise, Pequea, ing of the City of Shamokin and the Townships of Coal, East Providence, Sadsbury, Salisbury, Strasburg, Upper Leacock, Cameron, East Chillisquaque, Mt. Carmel, Ralpho, Rush, Warwick, West Earl and West Lampeter and the Boroughs of Shamokin, West Cameron and Zerbe and the Boroughs of Adamstown (Lancaster County portion), Christiana, Denver, Kulpmont, Marion Heights, Mt. Carmel, Riverside and East Petersburg, Lititz, Millersville, New Holland, Quarryville, Snydertown. Strasburg and Terre Hill. (12) The Twelfth District is composed of all of Cambria (17) The Seventeenth District is composed of part of Cum­ County; part of Fayette County consisting of the Cities of Con­ berland County consisting of the Townships of East Pennsboro nellsville and Uniontown and the Townships of Brownsville, and Hampden and the Boroughs of Camp Hill, West Fairview Bullskin, Connellsville, Dunbar, Franklin, Georges, German, and Wormleysburg; all of Dauphin County; part of Lancaster Henry Clay, Lower Tyrone, Menallen, Nicholson, North Union, County consisting of the Townships of Clay, Conestoga, Conoy, Perry, Redstone, Saltlick, South Union, Springfield, Springhill, East Donegal, Elizabeth, Ephrata, Manor, Mt. Joy, Penn, Stewart, Upper Tyrone and Wharton and the Boroughs of Rapho, West Cocalico, West Donegal and West Hempfield and Dawson, Dunbar, Everson, Fairchance, Markleysburg, Mason­ the Boroughs of Akron, Columbia, Elizabethtown, Ephrata, town, Ohiopyle, Perryopolis, Point Marion, Smithfield, South Manheim, Marietta, Mountville and Mt. Joy; all of Lebanon Connellsville and Vanderbilt; all of Indiana County; all of County; and part of Perry County consisting of the Townships of Somerset County; and part of Westmoreland County consisting Buffalo, Carroll, Greenwood, Howe, Juniata, Liverpool, Miller, of the Townships of Cook, Derry, Donegal, East Huntingdon, Oliver, Penn, Rye, Watts and Wheatfield and the Boroughs of Fairfield, Ligonier, Loyalhanna, Mt. Pleasant, Salem, St. Clair Duncannon, Liverpool, Marysville, New Buffalo and Newport. and Unity and the Boroughs of Bolivar, Derry, Donegal, (18) The Eighteenth District is composed of part of Allegheny Latrobe, Laurel Mountain, Ligonier, Mt. Pleasant, New County consisting of the Cities of Clairton, Duquesne and Alexandria, New Florence, Scottdale, Seward and Youngstown. McKeesport and the Townships of Aleppo, Baldwin, Collier, (13) The Thirteenth District is composed of part of Hampton, Harmar, Indiana, Kennedy, Kilbuck, Leet, Montgomery County consisting of the Townships of Abington, McCandless, Mt. Lebanon, Neville, North Versailles, O'Hara, Cheltenham, East Norriton, Franconia, Hatfield, Limerick, Ohio, Penn Hills, Reserve, Robinson, Ross, Scott, Shaler, Lower Frederick, Lower Gwynedd, Lower Merion, Lower Springdale and Wilkins and the Boroughs of Aspinwall, Bell Moreland, Lower Pottsgrove, Lower Providence, Lower Salford, Acres, Ben Avon, Ben Avon Heights, Blawnox, Braddock, Marlborough, Montgomery, Perkiomen, Plymouth, Salford, Braddock Hills, Carnegie, Chalfant, Cheswick, Churchill, Skippack, Springfield, Towamencin, Upper Dublin, Upper Crafton, Dormont, Dravosburg, East McKeesport, East Gwynedd, Upper Moreland, Upper Pottsgrove, Upper Provid­ Pittsburgh, Edgewood, Emsworth, Etna, Forest Hills, Fox ence, Upper Salford, West Norriton, Whitemarsh, Whitpain and Chapel, Franklin Park, Glassport, Glenfield, Green Tree, Worcester and the Boroughs of Ambler, Bryn Athyn, Haysville, Heidelberg, Homestead, Monroeville, Munhall, North Collegeville, Conshohocken, Hatboro, Hatfield, Jenkintown, Braddock, Oakmont, Pennsbury Village, Pitcairn, Rankin, Lansdale, Narberth, Norristown, North Wales, Rockledge, Rosslyn Farms, Sewickley Hills, Sharpsburg, Springdale, Schwenksville, Souderton, Trappe and West Conshohocken. Swissvale, Thornburg, Trafford (Allegheny County portion), (14) The Fourteenth District is composed of part of Alle­ Turtle Creek, Verona, Wall, West Mifflin, West View, Whitaker gheny County consisting of the City of Pittsburgh and the Town­ and Wilmerding. ships of Elizabeth, Forward, South Park, South Versailles and (19) The Nineteenth District is composed of all of Adams Stowe and the Boroughs of Avalon, Baldwin, Bellevue, County; part of Cumberland County consisting of the Townships Brentwood, Castle Shannon, Elizabeth, Ingram, Jefferson, of Cooke, Dickinson, Hopewell, Lower Allen, Lower Frankford, 1992 LEGISLATIVE JOURNAL-SENATE 1627

Lower Mifflin, Middlesex, Monroe, North Middleton, North County and their future, and that is what my amendment Newton, Penn, Shippensburg, Silver Spring, South Middleton, does. South Newton, Southampton, Upper Allen, Upper Frankford, Upper Mifflin and West Pennsboro and the Boroughs of Carlisle, And the question recurring, Lemoyne, Mechanicsburg, Mt. Holly Springs, New Cumberland, Will the Senate agree to the amendment to the amendment? Newburg, Newville, Shippensburg (Cumberland County portion) It was agreed to. and Shiremanstown; and all of York County. (20) The Twentieth District is composed of part of Allegheny On the question, County consisting of the Townships of East Deer, Fawn, Frazer, Will the Senate agree to the amendment as amended? Harrison, Marshall, Pine, Richland and West Deer and the Boroughs of Brackenridge, Bradford Woods, Plum and LEGISLATIVE LEAVE Tarentum; all of Armstrong County; part of Butler County con­ Senator MELLOW. Mr. President, I request temporary sisting of the City of Butler and the Townships of Adams, Alle­ gheny, Buffalo, Butler, Center, Clearfield, Clinton, Concord, Capitol leave for Senator Afflerbach who was called to his Connoquenessing, Cranberry, Donegal, Fairview, Forward, office. Jackson, Jefferson, Lancaster, Middlesex, Oakland, Parker, The PRESIDENT. Senator Mellow requests temporary Penn, Summit, Venango and Winfield and the Boroughs of Capitol leave for Senator Afflerbach. There seems to be no Bruin, Callery, Cherry Valley, Chicora, Connoquenessing, East objection. That leave will be granted. Butler, Eau Claire, Evans City, Fairview, Harmony, Karns City, Mars, Petrolia, Saxonburg, Seven Fields, Valencia and And the question recurring, Zelienople; part of Fayette County consisting of the Borough of Will the Senate agree to the amendment as amended? Belle Vernon; part of Washington County consisting of the City of Monongahela and the Township of Carroll and the Borough Senator LOEPER. Mr. President, I would simply indicate of Donora; and part of Westmoreland County consisting of the to the Members that, again, the Stewart amendment, essen­ Cities of Arnold, Greensburg, Jeannette, Lower Burrell, tially, as Senator Stewart portrayed it, is a starting point from Monessen and New Kensington and the Townships of Allegheny, where he was last Bell, Hempfield, North Huntingdon, Penn, Rostraver, Thursday night. I believe that has been Sewickley, South Huntingdon, Upper Burrell and Washington superseded by the amendment that we adopted here earlier and the Boroughs of Adamsburg, Arona, Avonmore, Delmont, this evening which gives, in my view, a much better outline of East Vandergrift, Export, Hunker, Hyde Park, Irwin, Madison, the congressional districts than what we saw at that point in Manor, Murrysville, New Stanton, North Belle Vernon, North time. Again, I think it improves upon the Westmoreland Irwin, Oklahoma, Penn, Smithton, South Greensburg, South­ west Greensburg, Sutersville, Trafford (Westmoreland County County seat and keeps the Westmoreland County seat whole portion}, Vandergrift, West Leechburg, West Newton and in the amendment that is already adopted, and, therefore, I Youngwood. would ask for a negative vote on the Stewart amendment. (21) The Twenty-first District is composed of part of Butler Senator O'PAKE. Mr. President, I would ask for an affir­ County consisting of the Townships of Brady, Cherry, Clay, mative vote for all those interested in keeping the Sixth Con­ Franklin, Marion, Mercer, Muddycreek, Slippery Rock, Wash­ ington and Worth and the Boroughs of Harrisville, Portersville, gressional District intact. This may be the last chance and we Prospect, Slippery Rock, West Liberty and West Sunbury; part urge an affirmative vote. of Crawford County consisting of the City of Meadville and the And the question recurring, Townships of Beaver, Cambridge, Conneaut, Cussewago, East Fairfield, East Fallowfield, East Mead, Fairfield, Greenwood, Will the Senate agree to the amendment as amended? Hayfield, North Shenango, Pine, Sadsbury, South Shenango, The yeas and nays were required by Senator STEWART Spring, Summerhill, Summit, Union, Venango, Vernon, West and were as follows, viz: Fallowfield, West Mead, West Shenango and Woodcock and the Boroughs of Blooming Valley, Cambridge Springs, Cochranton, YEAS-22 Conneaut Lake, Conneautville, Linesville, Saegertown, Spring­ boro, Venango and Woodcock; all of Erie County; part of Law­ Afflerbach Fattah Musto Schwartz rence County consisting of the City of New Castle and the Town­ Andrezeski Furno O'Pake Stapleton ships of Hickory, Neshannock, Perry, Plain Grove, Pulaski, Bel an Lewis Porterfield Stewart Scott, Shenango, Slippery Bodack Lincoln Reibman Stout Rock, Taylor, Union, Washington, Bortner Lynch Scanlon Williams Wayne and Wilmington and the Boroughs of Ellport, Ellwood Dawida Mellow City (Lawrence County portion}, New Wilmington, South New Castle and Volant; and all of Mercer County. NAYS-28 On the question, Armstrong Greenwood LaValle Rhoades Baker Hart Lemmond Robbins Will the Senate agree to the amendment to the amendment? Bell Helfrick Loeper Salvatore Brightbill Holl Madigan Shaffer Senator PORTERFIELD. Mr. President, I do not think I Corman Hopper Pecora Shumaker need to say any more than what I have said in the past hours, Fisher Jones Peterson Tilghman that Westmoreland County with a population of 370,000 indi­ Greenleaf Jubelirer Punt Wenger viduals deserves to have the representation which I have dis­ Less than a majority of the Senators having voted "aye," cussed here in this Chamber. I have not asked greedily for the question was determined in the negative. Westmoreland County to be whole and annex in another part The PRESIDENT. Without objection, House Bill No. 541, and eliminate either Democrat or Republican Congressmen. I as amended, will go over in its order. have asked for a fair shake for the people of Westmoreland 1628 LEGISLATIVE JOURNAL-SENATE FEBRUARY 3,

RECESS Delaware County. Another Senator from Bucks County talked about another 48,000 people being moved into a Phila­ Senator LOEPER. Mr. President, at this time I would ask delphia district, something that I believe both men are on for a very brief recess of the Senate for the purpose of a public record of opposing. I think the seriousness of that issue meeting of the Committee on Rules and Executive Nomina­ and the seriousness of their willingness to vote for an issue on tions to meet immediately in the Rules room at the rear of the a partisan basis is something that has to be part of the record Senate Chamber. However, for the information of the here. The fact that in both cases we are seeing a number of Members, I do anticipate further votes this evening. people equal to the population of at least half the counties in The PRESIDENT. For the purpose of a meeting of the this Commonwealth is what we are talking about taking out Committee on Rules and Executive Nominations to occur of Delaware County and talking about taking out of Bucks immediately in the Rules room at the rear of the Senate County. Those are the objections that have been raised for a Chamber, the Senate will stand in recess. period of time up until this point by two Members of the Senate Republican caucus who have now felt that the expedi­ AFTER RECESS ency of the issue and the time-it is February 3rd-makes it necessary to vote for something they do not believe is a good The PRESIDENT. The time of recess having elapsed, the plan. We saw a Member from Berks County who represents Senate will be in order. part of Berks County and part of another county vote com­ pletely opposite this evening and justify that, not that it was a SPECIAL ORDER OF BUSINESS good vote for Berks County but because it was the expedient SUPPLEMENTAL CALENDAR NO. 1 thing to do and the political thing to do. We saw Members attempt to put other Members in an awkward position, and THIRD CONSIDERATION CALENDAR we saw a very frivolous effort made to keep one of our BILL ON THIRD CONSIDERATION Members from offering an amendment that would have made AND FINAL PASSAGE his own county a congressional district, and it is something that the Majority Party debated against and threw out the HB 541 (Pr. No. 3053)- The Senate proceeded to consid­ whole process. We have seen a continuation of the effort to eration of the bill, entitled: take a three-and-a-half to one Democrat county, Allegheny An Act amending the act of June 3, 1937 (P. L. 1333, No. 320), County, and do everything that the Republican Party can do known as the "Pennsylvania Election Code," further providing to try and make one of those two Congressmen in Allegheny for certain deadlines relating to nominations; and providing for County a Republican, with a three and a half to one Demo­ apportionment of the Commonwealth into congressional dis­ cratic registration. This could have been done in the same tricts. manner, folks, six weeks ago. There was no need to keep this Considered the third time and agreed to, from happening by not dealing with it, other than to bring And the amendments made thereto having been printed as about the crisis situation so that caucus over there could required by the Constitution, finally say, for the good of the Republican Party and for our On the question, own well-being, let us pass something and get the hell out of Shall the bill pass finally? here. That is basically what we saw take place here this evening and what we are going to see take place in the vote Senator LINCOLN. Mr. President, I rise to oppose the that is going to take place in about ten minutes or two hours, final passage of House Bill No. 541. I think there has been a or whatever it may be. I think this is wrong. I think the leader­ great deal said and I think the issue is of such importance that ship in this Senate is completely off base. They are out of even though the hour is late and everyone is tired, I do not touch with their own areas. There is something basically believe the roll call should be taken on this bill without the wrong with how we have done this, and I can tell you that the proper objections put into the record. Democrat Party in this Senate has had very little to do with Earlier we heard a great deal of .debate on the amendment the scheduling and whatever else may have taken place. But I that finally gave House Bill,No. 541 its final shape. We heard also can tell you that we were willing and ready to compro­ arguments about expediency. We heard arguments that this mise. There were dozens of amendments considered, and had to be done. We heard arguments that it was a partisan some of the amendments that were offered by the gentleman issue because the House Democrats had passed something from Cambria, Senator Stewart, had a great deal of merit and that came over here in a partisan manner, although my recol­ reflected a more even and a more reasonable approach to lection of the House bill that passed over there, it passed with what we are doing. Now I do not know what is going to Republican votes. It was not done in strictly a party line happen when this goes to the House. There seems to be a fashion. We have seen the effect tonight during the debate on feeling on the Republican side of the Senate that, oh, we are the amendment of just how difficult this issue is to deal with. just going to vote on this and it is going to go to the House We have seen Members who have changed their position and and the House is going to nonconcur and it is going to go into their logic for that. I heard a Senator talk about his stress at a conference committee. Anyone who has never served in the seeing 50,000 people put into a Philadelphia district from 1992 LEGISLATIVE JOURNAL-SENATE 1629

Pennsylvania House of Representatives should not take that you that the record is going to reflect that there were a number type of thing for granted. There is a very real possibility that of problems with what we are doing. There are a great deal of when this bill goes before the 203 Members of the House, they concerns about what is contained in House Bill No. 541 and could concur. Then I want to hear the gentleman from the responsible thing to do would be to vote "no," and even if Delaware, Senator Bell, tell his constituents, oh, I just voted we have to stay here the rest of the night to continue to work for it that night because I thought I would have another on coming to some kind of a reasonable compromise that is chance. I really do not think you ought to be in that district or fair to both parties and fair to the 12 million people who live I think it would be interesting, particularly in Bucks County, in this Commonwealth, I think that is what we should do. Do to have that explained. I think the gentleman who switched his I believe we are going to do that? No. If I shut up and no one vote and allowed Berks County to be divided would have a else speaks, within five minutes a roll will be taken. There will very difficult time explaining that particular set of circum­ be 26 Republican votes for House Bill No. 541 and there will stances if the House were to concur on this. Even though there be 24 "no" votes on the Democrat side, and we will continue may not be the remotest possibility of that happening, I to go about the silliness that we do and think that we are served in the House and I can tell you that there is a possibility important because we have this responsibility. I think it is of that happening. My one comment to that, if it does, is that foolish of us to do this, and I think that this is the reason why I will very strenuously urge the Governor to veto this because the general public has a great deal of disrespect for the legisla­ it is not a good piece of legislation. It is not worthy of putting tive process. I would hope that at some point in time, if we do your vote up for it just to move it along, to make the process get to look at this a second time, that this kind of gets to be a work. That did not happen ten years ago. Ten years ago there little less partisan and a little bit more responsible and some­ was an amendment offered to a House bill that passed here in thing that everybody in both caucuses can walk out of here this Senate and then was concurred upon in the House. There saying, I think we could have done a little bit better, but I was not a conference committee. This is a very difficult think it is the best under the circumstances, and I do not process, very difficult, to say the least, and whenever you believe there is anyone who will walk off the floor of the bring the extreme partisanship into this process that both Senate tonight after this vote and be able to honestly look at parties bring, it is very difficult to come out of it with any­ themselves in the mirror when they go home and say, we did thing that makes sense. What is really frightening is that we the best we could and I feel good about it. I would urge a could come out of it with something as bad as what is con­ "no" vote. tained in House Bill No. 541. It is not good for a great number Senator LOEPER. Mr. President, just briefly, I think it is of people in the Republican caucus. There are at least a half important to also note in the record before we have the oppor­ dozen Republican Senators who are agonizing over this vote, tunity to cast our vote on the plan before us, on House Bill and there are a number of people in our caucus, they are ago­ No. 541, this evening that it seems that every time we listen to nizing and watching with a great deal of frustration what is speakers on the floor tonight, if it is a plan proposed by the being done here this evening. I do not care how much public­ other side, then it is a good plan. If it is a plan proposed by ity you generate, how many press releases. I do not care what this side, then it is a bad plan. I think that we have heard that you do. For ten years we are going to live with what is done, consistently from every speaker from the other side tonight, and it could be what you are doing here this evening. I ask that if you vote for our plan it is a good plan and it is good that there be some very serious consideration to scrapping this government and it represents the people of Pennsylvania; yet, and going back right here and talk about putting together if you vote for their plan, you are doing just the opposite. I something that we could send to the House that could be con­ think one thing that we have tried to do, Mr. President, in curred upon and could be signed by the Governor. putting forth a congressional reapportionment plan for Penn­ We talked about urgency. The courts at the earliest that I sylvania, contained in House Bill No. 541 is a plan that can see from any of the petitions that have been placed in reflects the population growths in Pennsylvania. It is a plan court, before the courts, both federal and state, the only one that is very considerate of majority/minority districts, partic­ that has any time frame in it at all that I am aware of is the ularly in the City of Philadelphia. It is a plan that represents one that was filed by the Senate Democratic leadership in the people in the west, particularly Westmoreland County and Commonwealth Court asking that by February 11th, if we do also reflects where the greatest population losses have taken not have a General Assembly passed and a Governor-signed place in the consolidation of congressional districts. Mr. Pres­ reapportionment plan, that they take that responsibility and ident, I am sure this is not a perfect plan, but I think it is a do it. I do not know of any other court that is predicated on a major step forward. Maybe very possibly it has enough merit time frame. I just believe that this is the wrong way of doing to get concurrence in the House and go on to the Governor, something that a lot of people depend on us to do it right, and maybe not. In my view, Mr. President, I think what we have we are only asked to do this once every ten years. Thank God, here is a consensus of a plan that a majority of votes believe is that is all because the way we do it, if we were asked to do it in the best interest of redistricting in Pennsylvania, and I any more often, I would shudder to think of the condition would ask for an affirmative vote on the plan. that we would have this state in. I do not know that words And the question recurring, make any difference at this point in a debate, but I can tell 1630 LEGISLATIVE JOURNAL-SENATE FEBRUARY 3,

Shall the bill pass finally? Congratulations of the Senate were extended to Raymond The yeas and nays were taken agreeably to the provisions of Collins and to Matthew A. Campbell by Senator Pecora. the Constitution and were as follows, viz: Congratulations of the Senate were extended to Bryce Kennedy, Eric Cain, Nicholas Falcon, Kevin Gross, Vikas YEAS-26 Gupta, Adam Nicolai, Andrew Nicolai, Joshua Poska, Ryan Armstrong Greenwood Loeper Robbins Vesely and to Louis C. Shuey by Senator Porterfield. Baker Hart Madigan Salvatore Congratulations of the Senate were extended to Bell Helfrick Pecora Shaffer Christopher Brightbill Holl Peterson Shumaker Lee Rankin by Senator Robbins. Corman Hopper Punt Tilghman Congratulations of the Senate were extended to Mr. and Fisher Jubelirer Rhoades Wenger Mrs. John K. Johnson, Sr. and to Mr. and Mrs. Ralph Greenleaf Lemmond Rummel by Senator Stapleton. NAYS-24 Afflerbach Fattah Lynch Scanlon ANNOUNCEMENTS BY THE SECRETARY Andrezeski Furno Mellow Schwartz Belan Jones Musto Stapleton The following announcements were read by the Secretary of Bodack LaValle O'Pake Stewart Bortner Lewis Porterfield Stout the Senate: Dawida Lincoln Reibrnan Williams SENATE OF PENNSYLVANIA A constitutional majority of all the Senators having voted COMMITTEE MEETINGS "aye," the question was determined in the affirmative. Ordered, That the Secretary of the Senate return said bill to TUESDAY, FEBRUARY 4, 1992 the House of Representatives with information that the 10:00 A.M. TRANSPORTATION (Public Room SE-A Senate has passed the. same with amendments in which con­ Hearing - on the issue of Hearing Room currence of the House is requested. Police High-Speed Pursuits) East Wing

CONGRATULATORY RESOLUTIONS 10:30 A.M. LOCAL GOVERNMENT to Room 460 (consider Senate Bills 4th Floor The PRESIDENT laid before the Senate the following reso­ No. 792, 975, 1052, 1379, North Wing lutions, which were read, considered and adopted: 1505 and House Bills No. 41, Congratulations of the Senate were extended to Merrill W. 42, 757, 758 and 994 and Wray by Senator Corman. any other business that shall Congratulations of the Senate were extended to Anna T. come before the committee) Moore by Senator Dawida. 11:00 A.M. STATE GOVERNMENT (to Room 461 Congratulations of the Senate were extended to John L. consider the nomination of 4th Floor Michalec by Senator Fisher. Brenda Mitchell for Secre- North Wing Congratulations of the Senate were extended to Amato L. tary of the Commonwealth; Berardi by Senator Furno. and Senate Bills No. 1329 Congratulations of the Senate were extended to Mr. and and 1525) Mrs. James D. Boyer by Senator Greenleaf. 12:30 P.M. JUDICIARY (to consider Room SE-B Congratulations of the Senate were extended to Reverend and Mrs. William Tucker by Senator Helfrick. Senate Bills No. 1085, 1267 Hearing Room and 1302 and Congratulations of the Senate were extended to North Michael Wherry, East Wing Montco Area Vocational-Technical School of Lansdale by Court of Common Pleas Nominee for Mercer County) Senator Holl. Congratulations of the Senate were extended to Brian 1:30 P.M. AGRICULTURE AND RURAL Room 460 Achuff by Senator Lemmond. AFFAIRS (to consider 4th Floor Congratulations of the Senate were extended to Morrell Senate Bill No. 1539) North Wing Volunteer Fire Department Ambulance Service of Dunbar by WEDNESDAY, FEBRUARY 5, 1992 Senator Lincoln. Congratulations of the Senate were extended to John J. 10:00 A.M. MILITARY AND Room 460 Reif by Senator Leoper. VETERANS AFFAIRS 4th Floor Congratulations of the Senate were extended to Eleanor (to consider Pennsyl- North Wing Kalaus, William P. Morris and to Michael Moolick by vania War Veterans Council Senator Mellow. and other interested parties) Congratulations of the Senate were extended to Charles 1:00 P.M. APPROPRIATIONS Senate Majority Onesko by Senator Musto. (Budget Hearing - Public Caucus Room Utility Commission) 1992 LEGISLATIVE JOURNAL-SENATE 1631

2:30P.M. APPROPRIATIONS Senate Majority 2:30P.M. APPROPRIATIONS Senate Majority (Budget Hearing - Office Caucus Room (Budget Hearing - Depart- Caucus Room of Consumer Advocate) ment of Revenue)

3:30P.M. APPROPRIATIONS Senate Majority THURSDAY, FEBRUARY 27, 1992 (Budget Hearing - Office Caucus Room 9:00A.M. APPROPRIATIONS Senate Majority of Small Business Advocate) (Budget Hearing - Depart- Caucus Room FRIDAY, FEBRUARY 7, 1992 ment of Community Affairs)

10:00 A.M. AGRICULTURE AND RURAL Gold Room 10:30 A.M. APPROPRIATIONS Senate Majority AFFAIRS (Public Hearing Allegheny County (Budget Hearing - Liquor Caucus Room on the effectiveness of Court House Control Board) Pennsylvania's Dangerous Pittsburgh, P A 1:00 P.M. APPROPRIATIONS Senate Majority Dog Act and to hear testi- (Budget Hearing - Caucus Room mony regarding this law) Attorney General) WEDNESDAY, FEBRUARY 12, 1992 2:00P.M. APPROPRIATIONS Senate Majority 10:00 A.M. AGRICULTURE AND RURAL Forum Room of (Budget Hearing - Caucus Room AFFAIRS (Public Hearing McCormick Human Governor's Office) to evaluate the issue of Services Center FRIDAY, FEBRUARY 28, 1992 nutrient management and its Bloomsburg Univ. impact on the environment, Bloomsburg, P A 9:00A.M. APPROPRIATIONS Senate Majority agriculture and related (Budget Hearing - Historical Caucus Room industries) and Museum Commission)

MONDAY, FEBRUARY 24, 1992 10:00 A.M. APPROPRIATIONS Senate Majority (Budget Hearing - Depart- Caucus Room 9:30A.M. APPROPRIATIONS Senate Majority ment of Military Affairs) (Budget Hearing - Secretary Caucus Room Hershock and Secretary 11:00 A.M. APPROPRIATIONS Senate Majority McNulty - Overall Economic (Budget Hearing - Depart- Caucus Room Outlook and Perspective) ment of Labor and Industry)

TUESDAY, FEBRUARY 25, 1992 MONDAY, MARCH 2, 1992

9:30A.M. APPROPRIATIONS Senate Majority 9:30A.M. APPROPRIATIONS Senate Majority (Budget Hearing - State Caucus Room (Budget Hearing - Depart- Caucus Room System of Higher Education) ment of Transportation)

11:00 A.M. APPROPRIATIONS Senate Majority 1:00 P.M. APPROPRIATIONS Senate Majority (Budget Hearing - Caucus Room (Budget Hearing - Depart- Caucus Room Lincoln University) ment of Environmental Resources) 1:00 P.M. APPROPRIATIONS Senate Majority (Budget Hearing - Caucus Room TUESDAY, MARCH 3, 1992 Temple University) 9:00A.M. APPROPRIATIONS Senate Majority 2:30P.M. APPROPRIATIONS Senate Majority (Budget Hearing - Depart- Caucus Room (Budget Hearing - Caucus Room ment of State) Penn State University) 10:00 A.M. APPROPRIATIONS Senate Majority WEDNESDAY, FEBRUARY 26, 1992 (Budget Hearing - Depart- Caucus Room ment of Public Welfare) 9:00A.M. APPROPRIATIONS Senate Majority (Budget Hearing - Depart- Caucus Room WEDNESDAY, MARCH 4, 1992 ment of Corrections) 9:00A.M. APPROPRIATIONS Senate Majority 10:30 A.M. APPROPRIATIONS Senate Majority (Budget Hearing - Caucus Room (Budget Hearing - Depart- Caucus Room University of Pittsburgh) ment of Insurance) 10:30 A.M. APPROPRIATIONS Senate Majority 1:00 P.M. APPROPRIATIONS Senate Majority (Budget Hearing - Depart- Caucus Room (Budget Hearing - Caucus Room ment of Education) Judiciary) 1632 LEGISLATIVE JOURNAL-SENATE FEBRUARY 3,

THURSDAY, MARCH 5, 1992

9:00A.M. APPROPRIATIONS Senate Majority (Budget Hearing - Depart­ Caucus Room ment of Agriculture)

10:30 A.M. APPROPRIATIONS Senate Majority (Budget Hearing - Caucus Room PEMA)

1:00 P.M. APPROPRIATIONS Senate Majority (Budget Hearing - Depart­ Caucus Room ment of General Services)

WEDNESDAY, MARCH II, 1992

1:00 P.M. APPROPRIATIONS Senate Majority (Budget Hearing - Depart­ Caucus Room ment of Aging)

2:30P.M. APPROPRIATIONS Senate Majority (Budget Hearing - Depart­ Caucus Room ment of Commerce)

WEDNESDAY, MARCH 18, 1992

1:00 P.M. APPROPRIATIONS Senate Majority (Budget Hearing - Depart­ Caucus Room ment of Health)

2:30P.M. APPROPRIATIONS Senate Majority (Budget Hearing - Pennsyl­ Caucus Room vania State Police)

ADJOURNMENT

Senator LOEPER. Mr. President, I move the Senate do now adjourn until Tuesday, February 4, 1992, at 1:00 p.m., Eastern Standard Time. The motion was agreed to. The Senate adjourned at 11:30 p.m., Eastern Standard Time.