COMMONWEALTH OF PENNSYLVANIA

LEGISLATIVE JOURNAL

MONDAY, NOVEMBER 12, 1990

SESSION OF 1990 174TH OF THE GENERAL ASSEMBLY No. 55

SENATE COMMUNICATIONS FROM THE GOVERNOR MONDAY, November 12, 1990. APPROVAL OF SENATE BILLS The Senate met at 2:00 p.m., Eastern Standard Time. The PRESIDENT laid before the Senate communications The PRESIDENT (Lieutenant Governor Mark S. Singe!) in writing from His Excellency, the Governor of the Com­ in the Chair. monwealth, advising that the following Senate Bills had been approved and signed by the Governor: PRAYER SB 693, 1291, 1442, 1535 and 1588. The Chaplain, Monsignor LEO P. BEIERSCHMITT, SENATE BILLS RETURNED WITHOUT APPROVAL Pastor of Saint Catherine Laboure Church, Harrisburg, offered the following prayer: The PRESIDENT laid before the Senate the following veto messages from His Excellency, the Governor of the Common­ Let us pray. wealth, advising that the following Senate Bills have been Almighty and everlasting God, we pray for all our brothers returned without approval: and sisters throughout this great Commonwealth. We pray that we may recognize the injustices among men and, at times, SB 775, entitled: we find even in ourselves, and our failure to appreciate our An Act amending Titles 20 (Decedents, Estates and Fiducia­ brotherhood. ries) and 72 (Taxation and Fiscal Affairs) of the Pennsylvania Grant peace and security ito the poor and the persecuted, Consolidated Statutes, reducing the time for advertisement of accounts to two weeks; adding a section providing that docu­ the underprivileged, the exceptional, the unborn, those suffer­ ments submitted to the register of wills, except for probate, may ing from the ravages of war and the natural disasters of earth. be attested to by an affidavit or by a verified statement; broaden­ Grant us the wisdom to deal honestly and uprightly with the ing the class of property deemed disclaimed when a spouse takes minorities in our Commonwealth. an elective share; avoiding automatic modification of wills and Help us overcome the prejudices we harbor within our­ inter vivos conveyances that are made in contemplation of a mar­ riage or divorce; adding a rule of interpretation for wills and con­ selves. Let us not be guilty of stigmatizing anyone for any veyances regarding corporate fiduciaries; confirming existing law reason. Help us to realize the equality of all men and women that a gift to any unfunded trust is valid; adding a chapter relat­ in their rights of life, freedom and happiness in this world and ing to contracts concerning succession; authorizing personal rep­ in the next. May all of us do our part, cooperating with You, resentatives to make certain temporary investments; allowing to serve You in our brothers and sisters. Amen. fiduciaries to hold certain securities in book-entry form; further providing for notice to parties in interest; further providing for The PRESIDENT. The Chair thanks Monsignor rights of claimants; authorizing the guardian of the estate of a Beierschmitt who is the guest this day of Senator Hess and minor to distribute certain income without court approval; Senator Shumaker. adding the Pennsylvania Uniform Transfers to Minors Act; adding provisions relating to guardians of incapacitated persons; clarifying the jurisdiction of the court to appoint certain tempo­ JOURNAL APPROVED rary guardians; authorizing the court to exercise all rights and privileges under certain contracts which provide for payments to The PRESIDENT. A quorum of the Senate being present, an incompetent or others after the incompetent's death; authoriz­ the Clerk will read the Journal of the preceding Session of ing the court to modify the estate plan of an incompetent to October 3, 1990. reflect changes in applicable tax laws; permitting certain powers of attorney to be executed by mark; ensuring the validity of The Clerk proceeded to read the Journal of the preceding durable powers of attorney; authorizing the court to allow a Session, when, on motion of Senator LOEPER, further shorter period of notice to an absentee; providing that as a matter reading was dispensed with, and the Journal was approved. of law divorce revokes any revocable beneficiary designation made in favor of the former spouse; further providing for the annexation of accounts; further authorizing the court to divide trusts; further authorizing the court to grant declaratory relief with respect to certain interests in real property; exempting spousal transfers from inheritance taxation; providing for the taxation of certain spousal trusts; adding conforming amend­ ments to Titles 13, 18, 23 and 42; amending Title 72 to exempt 2560 LEGISLATIVE JOURNAL-SENATE NOVEMBER 12. spousal transfers from inheritance taxation; and making techni­ couples own their homes and other assets jointly and, therefore, cal changes. will pay no inheritance tax when one spouse dies. In fact, each year, fewer than 5,000 Pennsylvanians die The Clerk read the veto message as follows: leaving property that is taxable to their spouse. Less than half October 12, 1990 that number leave small estates valued below $50,000. All of those small estates added together pay less than five percent of To the Honorable, the Senate the tax to be eliminated by the bill. The people who pay the bulk of the Commonwealth of Pennsylvania: of this tax, and the ones who will benefit most by its repeal, are I return herewith, without my approval, Senate Bill 775, some of the wealthiest people in Pennsylvania. Printer's Number 2485, entitled "An Act amending Titles 20 When fully operational, the bill would provide a $30 million (Decedents, Estates and Fiduciaries) and 72 (Taxation and Fiscal tax break for about 1,000 of our wealthiest residents. That Affairs) of the Pennsylvania Consolidated Statutes, reducing the money has to come from somewhere. It would come from the time for advertisement of accounts to two weeks; adding a section pockets of working men and women across Pennsylvania in the providing that documents submitted to the register of wills, form of higher taxes or reductions in essential programs. Penn­ except for probate, may be attested to by an affidavit or by a veri­ sylvania can ill-afford to be cutting taxes for the rich in the face fied statement; broadening the class of property deemed dis­ of growing demands for funding essential programs like special claimed when a spouse takes an elective share; avoiding auto­ education, higher education, senior citizens' programs, environ­ matic modification of wills and inter vivos conveyances that are mental cleanup, health care and other critical human needs. made in contemplation of a marriage or divorce; adding a rule of If this legislation were in reality a benefit designed for poor interpretation for wills and conveyances regarding corporate widow, I would sign it. But, it is not. It amounts to a huge fiduciaries; confirming existing law that a gift to any unfunded giveaway to the rich, masquerading as a benefit to the poor. trust is valid; adding a chapter relating to contracts concerning I remain deeply concerned about people who are not wealthy, succession; authorizing personal representatives to make certain who lose their spouse, and find themselves faced with tax bills as temporary investments; allowing fiduciaries to hold certain secu­ . a result. rities in book-entry form; further providing for notice to parties Therefore, I am asking the legislative leaders to work with all in interest; further providing for rights of claimants; authorizing interested groups to craft a law that will provide relief to those the guardian of the estate of a minor to distribute certain income people for whom this tax constitutes an unconscionable economic without court approval; adding the Pennsylvania Uniform Trans­ burden at the traumatic time of loss of a spouse. That legisla­ fers to Minors Act; adding provisions relating to guardians of tion must not, however, be a windfall for the rich. incapacitated persons; clarifying the jurisdiction of the court to This bill contains a number of other changes designed to avoid appoint certain temporary guardians; authorizing the court to or defer the payment of inheritance taxes. In particular, the bill exercise all rights and privileges under certain contracts which would no longer apply the tax to a surviving spouse who inherits a provide for payments to an incompetent or others after the life estate. Such property would only be taxable to those who incompetent's death; authorizing the court to modify the estate subsequently inherit it, after termination of the life estate, and plan of an incompetent to reflect changes in applicable tax laws; the tax would be based upon the value of the property at that permitting certain powers of attorney to be executed by mark; time. This provision could have a significant impact upon Com­ ensuring the validity of durable powers of attorney; authorizing monwealth inheritance tax revenues, particularly in the first year the court to allow a shorter period of notice to an absentee; pro­ of implementation. While it is difficul,t to estimate the potential viding that as a matter of law divorce revokes any revocable bene­ losses with precision, they would certainly exacerbate the revenue ficiary designation made in favor of the former spouse; further drain caused by the proposed repeal of the tax on spousal trans­ providing for the annexation of accounts further authorizing the fers. court to divide trusts; further authorizing the court to grant In addition to these tax law changes, Senate Bill 775 would declaratory relief with respect to certain interests in real property; establish new rights for persons alleged to be incapacitated and in exempting spousal transfers from inheritance taxation; providing need of guardianship services. for the taxation of certain spousal trusts; adding conforming Without question, reform of Pennsylvania's antiquated amendments to Titles 13, 18, 23 and 42; amending Title 72 to guardianship law is long overdue. I urge the General Assembly exempt spousal trailsfers from inheritance taxation; and making to pass new legislation to address the needs of incapacitated technical changes.'' persons within the limits of available state funds. This bill makes a variety of changes to the taxation of estates in Pennsylvania, several of which would result in significant SB 1511, entitled: revenue losses to the Commonwealth. The most severe revenue An Act amending the act of December 14, 1967 (P. L. 746, impact would be caused by the elimination of the existing six No. 345), entitled "Savings Association Code of 1967," provid­ percent tax on transfers to a spouse of property held in only the ing for reciprocal interstate operations; permitting the formation decedent's name. Under the bill, this tax would phase out over a of mutual holding companies; further providing for acquisitions five-year period, beginning on July 1, 1991. Elimination of this of the stock of a savings association; revising proxy rules; and tax would cost the Commonwealth over $4 million next fiscal making repeals. year, increasing to approximately $62 million in the fifth year of implementation. The Clerk read the veto message as follows: In order to fill that kind of revenue gap, the General Assembly October 12, 1990 would have to either reduce spending in future years or increase other revenues to replace those lost inheritance tax To the Honorable, the Senate dollars. There are times and circumstances when those hard of the Commonwealth of Pennsylvania: choices are made easier, when reducing or eliminating a particu­ I return herewith, without my approval, Senate Bill 1511, lar tax levy would remove an unfair burden from those who can Printer's No. 1992, entitled "An Act amending the act of least afford to pay. December 14, 1%7 (P.L. 746, No. 345), entitled 'An act relating Unfortunately, that is not the case with this particular tax. to and regulating the business of savings associations heretofore Contrary to the claims of its proponents, this bill would do very designated under other acts and special charters variously as little to help poor widows. Most lower and middle-income building and loan associations and savings and loan associations; 1990 LEGISLATIVE JOURNAL-SENATE 2561 defining the rights, powers, duties, liabilities, and immunities of In conformity with law, I have the honor hereby to nominate such associations; affecting persons engaged in the business of for the advice and consent of the Senate, Edna B. McKenzie, savings associations; affecting the members, account holders and Ph.D., 7926 Chaske Street, Verona 25247, Allegheny County, borrowers of such associations; affecting Federal savings and Forty-fourth Senatorial District, for reappointment as a member loan associations who principal office is located in the Common­ of the Board of Directors of the Pennsylvania Higher Education wealth; prohibiting the transaction of business in this Common­ Assistance Agency, to serve until June 30, 1995, and until her suc­ wealth by foreign savings associations; conferring powers and cessor is appointed and qualified. imposing duties on certain departments and officers of the Com­ ROBERT P. CASEY. monwealth and on the courts, recorders of deeds; creating a BOARD OF DIRECTORS Savings Association Board and defining its powers and duties; MEMBER OF THE prohibiting certain actions and imposing penalties, and repealing OF THE PENNSYLVANIA HIGHER certain acts,' providing for reciprocal interstate operations; per­ EDUCATION ASSISTANCE AGENCY mitting the formation of mutual holding companies; further pro­ 3, 1990. viding for acquisitions of the stock of a savings association; revis­ October ing proxy rules; and making repeals.'' To the Honorable, the Senate of the Commonwealth of I am not convinced that this legislation is in the best interests Pennsylvania: of Pennsylvania savings and loan institutions and their invest­ nominate ors. At this time, legislation giving our institutions broader In conformity with law, I have the honor hereby to powers to form mutual holding companies and to acquire, or be for the advice and consent of the Senate, Dr. Marvin Wachman, acquired by, out-of-state thrifts seems quite premature. Until 603 West Mermaid Lane, Philadelphia 19118, Philadelphia a more progress has been made by the Federal government in County, Fourth Senatorial District, for reappointment as Higher reforming the deposit insurance system and the financial services member of the Board of Directors of the Pennsylvania 1993, and industries, especially the thrift industry, I do not believe Pennsyl­ Education Assistance Agency, to serve until June 30, vania should rush into such a substantial revision of our own until his successor is appointed and qualified. statute. ROBERT P. CASEY. returning Senate Bill 1511 without my signa­ Therefore, I am MEMBER OF THE STATE BOARD ture. OF EXAMINERS OF NURSING The PRESIDENT. The communications and bills will be HOME ADMINISTRATORS laid on the table. October 3, 1990. NOMINATIONS BY THE GOVERNOR the Senate of the Commonwealth of TO COMMITTEE To the Honorable, REFERRED Pennsylvania: The PRESIDENT laid before the Senate the following In conformity with law, I have the honor hereby to nominate communications in writing from His Excellency, the Gover­ for the advice and consent of the Senate, Glenda K. Myers nor of the Commonwealth, which were read as follows, and (Public Member), 2464 Hepplewhite Drive, York 17404, York Senatorial District, for appointment as a referred to the Committee on Rules and Executive Nomina­ County, Twenty-eighth member of the State Board of Examiners of Nursing Home tions: Administrators, to serve for a term of four years or until her suc­ MEMBER OF THE STATE BOARD cessor is appointed and qualified, but not longer than six months vice Hilda Gibbet, Camp Hill, whose term OF COSMETOLOGY beyond that period, expired. October 3, 1990. ROBERT P. CASEY. To the Honorable, the Senate of the Commonwealth of MEMBER OF THE STATE BOARD Pennsylvania: OF EXAMINERS OF NURSING In conformity with law, I have the honor hereby to nominate HOME ADMINISTRATORS for the advice and consent of the Senate, Antonette J. Grygo, 2400 Cronemeyer Avenue, McKeesport 15132, Allegheny October 3, 1990. for appointment as a County, Forty-fifth Senatorial District, the Honorable, the Senate of the Commonwealth of fo serve until June To member of the State Board of Cosmetology, Pennsylvania: 28, 1991 and until her successor is appointed and qualified, but not longer than six months beyond that period, vice Joseph D. In conformity with law, I have the honor hereby to nominate Mazzie, Pittsburgh, resigned. for the advice and consent of the Senate, Helen Oliverio, 100 South High Street, Zelionople 16063, Butler County, Twenty­ ROBERT P. CASEY. first Senatorial District, for appointment as a member of the MEMBER OF THE BOARD OF DIRECTORS State Board of Examiners of Nursing Home Administrators, to OF THE PENNSYLVANIA HIGHER serve for a term of four years or until her successor is appointed than six months beyond that period, EDUCATION ASSISTANCE AGENCY and qualified, but not longer vice Herbert Skuba, Ellwood City, whose term expired. October 3, 1990. ROBERT P. CASEY. To the Honorable, the Senate of the Commonwealth of MEMBER OF THE WYOMING COUNTY Pennsylvania: BOARD OF ASSISTANCE October 3, 1990. 2562 LEGISLATIVE JOURNAL-SENATE NOVEMBER 12,

To the Honorable, the Senate of the Commonwealth of In conformity with law, I have the honor hereby to nominate Pennsylvania: for the advice and consent of the Senate, Ivan Acosta, 150 East In conformity with law, I have the honor hereby to nominate Liberty Street, Lancaster 17603, Lancaster County, Thirteenth for the advice and consent of the Senate, Mary Patricia Finan Senatorial District, for appointment as a member of the Board of (Democrat), Box 151, Lake Winola 18625, Wyoming County, Trustees of Thaddeus Stevens State School of Technology, to Twentieth Senatorial District, for appointment as a member of serve until the third Tuesday of January, 1995, and until his suc­ the Wyoming County Board of Assistance; to serve until cessor is appointed and qualified, vice Alfred C. Alspach, December 31, 1992, and until her successor is appointed and Lancaster, whose term expired. qualified, to add to complement. ROBERT P. CASEY. ROBERT P. CASEY. MEMBER OF THE BOARD OF TRUSTEES MEMBER OF THE WYOMING COUNTY OF THADDEUS STEVENS STATE BOARD OF ASSISTANCE SCHOOL OF TECHNOLOGY October 3, 1990. October 10, 1990. To the Honorable, the Senate of the Commonwealth of To the Honorable, the Senate of the Commonwealth of Pennsylvania: Pennsylvania: In conformity with law, I have the honor hereby to nominate In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Ruth Hug (Democrat), for the advice and consent of the Senate, Carole J. Hale, 2159 R. D. I, Box 93, Factoryville 18419, Wyoming County, Twen­ Hollinger Road, Lancaster 17602, Lancaster County, Thirteenth tieth Senatorial District, for reappointment as a member of the Senatorial District, for appointment as a member of the Board of Wyoming County Board of Assistance, to serve until December Trustees of Thaddeus Stevens State School of Technology, to 31, 1992, and until her successor is appointed and qualified. serve until the third Tuesday of January, 1993, and until her suc­ cessor is appointed and qualified, vice Edward J. Conrad, ROBERT P. CASEY. Shenandoah, whose term expired. MEMBER OF THE BRANDYWINE BATTLEFIELD ROBERT P. CASEY. PARK COMMISSION MEMBER OF THE BOARD OF TRUSTEES October 5, 1990. OF THADDEUS STEVENS STATE To the Honorable, the Senate of the Commonwealth of SCHOOL OF TECHNOLOGY Pennsylvania: October IO, 1990. In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, George W. Franz, 11 To the Honorable, the Senate of the Commonwealth of Stirling Way, Chadds Ford 19317, Delaware County, Ninth Sena­ Pennsylvania: torial District, for appointment as a member of the Brandywine In conformity with law, I have the honor hereby to nominate Battlefield Park Commission, to serve for a term of four years for the advice and consent of the Senate, Keith A. Lauderbach, and until his successor is appointed and qualified, vice Clifford D.Ed., R. D. 6, Box 243, Manheim 17545, Lancaster County, Lewis, Flourtown, whose term expired. Thirteenth Senatorial District, for reappointment as a member of ROBERT P. CASEY. the Board of Trustees of Thaddeus Stevens State School of Tech­ nology, to serve until the third Tuesday of January, 1995, and MEMBER OF THE CLEARFIELD COUNTY until his successor is appointed and qualified. BOARD OF ASSISTANCE ROBERT P. CASEY. October 9, 1990. MEMBER OF THE BOARD OF TRUSTEES To the Honorable, the Senate of the Commonwealth of OF THADDEUS STEVENS STATE Pennsylvania: SCHOOL OF TECHNOLOGY In conformity with law, I have the honor hereby to nominate October IO, 1990. for the advice and consent of the Senate, Jesse Rollin, P. 0. Box 385, Clearfield 16830, Clearfield County, Thirty-fifth Senatorial To the Honorable, the Senate of the Commonwealth of District, for appointment as a member of the Clearfield County Pennsylvania: Board of Assistance, to serve until December 31, 1992, and until In conformity with law, I have the honor hereby to nominate his successor is appointed and qualified, vice Bernyce A. Dufton, for the advice and consent of the Senate, H. Byron Showers, Clearfield, resigned. Ed.D., 1432 Mission Road, Lancaster 17601, Lancaster County, ROBERT P. CASEY. Thirteenth Senatorial District, for reappointment as a member of the Board of Trustees of Thaddeus Stevens State School of Tech­ MEMBER OF THE BOARD OF TRUSTEES nology, to serve until the third Tuesday of January, 1993, and OF Tl;IADDEUS STEVENS STATE until his successor is appointed and qualified. SCHOOL OF TECHNOLOGY ROBERT P. CASEY. October IO, 1990. MEMBER OF THE BOARD OF TRUSTEES To the Honorable, the Senate of the Commonwealth of OF THADDEUS STEVENS STATE Pennsylvania: SCHOOL OF TECHNOLOGY October IO, 1990. 2563 1990 LEGISLATIVE JOURNAL-SENATE the Senate of the Commonwealth of To the Honorable, the Senate of the Commonwealth of To the Honorable, Pennsylvania: Pennsylvania: honor hereby to nominate with law, I have the honor hereby to nominate In conformity with law. I have the In conformity the Senate, Dorris Jean Keen and consent of the Senate, Minor William for the advice and consent of for the advice Lewisburg 17837, Union County, Jr., 135 Pickwick Place, Millersville 17551, Lancaster (Democrat), 120 Verna Road, Redmond, for appointment as a member Thirteenth Senatorial District, for appointment as a Twenty-seventh Senatorial District, County, Board of Assistance, to serve until of the Board of Trustees of Thaddeus Stevens State of the Union County member until her successor is appointed and of Technology, to serve until the third Tuesday of December 31, 1990, and School Fenton, Lewisburg, resigned. January, 1995, and until his successor is appointed and qualified, qualified, vice Elizabeth vice Francis C. Musso, Lancaster, whose term expired. ROBERT P. CASEY. ROBERT P. CASEY. MEMBER OF THE UNION COUNTY MEMBER OF THE BOARD OF TRUSTEES BOARD OF ASSISTANCE OF THADDEUS STEVENS STATE October 12, 1990. SCHOOL OF TECHNOLOGY To the Honorable, the Senate of the Commonwealth of October IO, 1990. Pennsylvania: to nominate To the Honorable, the Senate of the Commonwealth of In conformity with law, I have the honor hereby Silberman, Pennsylvania: for the advice and consent of the Senate, Matthew Ph.D. (Democrat), 121 Verna Road, Lewisburg 17837, Union with law, l have the honor hereby to nominate In conformity County, Twenty-seventh Senatorial District, for reappointment and consent of the Senate, Robert A. Wolf, 341 for the advice as a member of the Union County Board of Assistance, to serve Lititz 17 543, Lancaster County, Thirteenth Senato­ Sarsen Drive, until December 31, 1991, and until his successor is appointed and appointment as a member of the Board of Trust­ rial District, for qualified. ees of Thaddeus Stevens State School of Technology, to serve until the third Tuesday of January, 1993, and until his successor ROBERT P. CASEY. is appointed and qualified, vice Kenneth W. Whitney, Lancaster. MEMBER OF THE UNION COUNTY whose term expired. BOARD OF ASSISTANCE ROBERT P. CASEY. October 12, 1990. MEMBER OF THE BRADFORD COUNTY of BOARD OF ASSISTANCE To the Honorable, the Senate of the Commonwealth Pennsylvania: October 12, 1990. In conformity with law, I have the honor hereby to nominate E. Spielman To the Honorable, the Senate of the Commonwealth of for the advice and consent of the Senate, Adrian 17837, Union Pennsylvania: (Republican), 735 Market Street, Lewisburg Twenty-seventh Senatorial District, for appointment as with law, I have the honor hereby to nominate County, In conformity a member of the Union County Board of Assistance, to serve and consent of the Senate, Eunice R. Kier (Repub­ for the advice until December 31, 1991, and until his successor is appointed and I, Box 245, Monroeton 18832, Bradford County, lican), R. D. qualified, vice Harris Lemon, Mifflinburg, whose term expired. Twenty-third Senatorial District, for appointment as a member of the Bradford County Board of Assistance, to serve until ROBERT P. CASEY. and December 31, 1991, and until her successor is appointed MEMBER OF THE COUNCIL OF TRUSTEES OF Edward B. Woodruff, Sayre, whose term expired. qualified, vice INDIANA UNIVERSITY OF PENNSYLVANIA ROBERT P. CASEY. October 15, 1990. MEMBER OF THE UNION COUNTY of BOARD OF ASSISTANCE To the Honorable, the Senate of the Commonwealth Pennsylvania: October 12, 1990. In conformity with law, I have the honor hereby to nominate 11 To the Honorable, the Senate of the Commonwealth of for the advice and consent of the Senate, John Hohenwarter, County, Pennsylvania: Meadowbrook Drive, Elizabethtown 17022, Lancaster Senatorial District, for appointment as a member of with law, I have the honor hereby to nominate Thirteenth In conformity the Council of Trustees of Indiana University of Pennsylvania, to and consent of the Senate, W. Earl Dieffenderfer for the advice until the third Tuesday of January, 1993, and until his suc­ R. D. 2, Box 315, Lewisburg 17837, Union serve (Republican), cessor is appointed and qualified, vice Charles J. Potter, Ph.D., Twenty-seventh Senatorial District, for reappointment County, Indiana, deceased. as a member of the Union County Board of Assistance, to serve CASEY. until December 31, 1990, and until his successor is appointed and ROBERT P. qualified. MEMBER OF THE BOARD OF GOVERNORS ROBERT P. CASEY. OF THE ST A TE SYSTEM OF HIGHER EDUCATION MEMBER OF THE UNION COUNTY October 15, 1990. BOARD OF ASSISTANCE To the Honorable, the Senate of the Commonwealth of October 12, 1990. Pennsylvania: 2564 LEGISLATIVE JOURNAL-SENATE NOVEMBER 12,

In conformity with law, I have the honor hereby to nominate MEMBER OF THE COUNCIL OF TRUSTEES for the advice and consent of the Senate, Steven P. Stout, R. D. OF EDINBORO UNIVERSITY OF 2, Box 328, Brehm Road, Washington 15301, Washington PENNSYLVANIA OF THE STATE SYSTEM County, Forty-sixth Senatorial District, for appointment as a member of the Board of Governors of the State System of Higher OF HIGHER EDUCATION Education, to serve until December 31, 1990, and until his succes­ October 26, 1990. sor is appointed and qualified, vice Charles J. Potter, Ph.D., Indiana, deceased. To the Honorable, the Senate of the Commonwealth of ROBERT P. CASEY. Pennsylvania: In conformity with law, I have the honor hereby to nominate MEMBER OF THE COUNCIL OF TRUSTEES for the advice and consent of the Senate, Robert James Kusse, OF CHEYNEY UNIVERSITY OF 390 Follett Run Road, Warren 16365, Warren County, Twenty­ PENNSYLVANIA OF THE STATE SYSTEM fifth Senatorial District, for appointment as a member of the OF HIGHER EDUCATION Council of Trustees of Edinboro University of Pennsylvania of the State System of Higher Education, to serve until the third October 17, 1990. Tuesday of January, 1995, and until his successor is appointed To the Honorable, the Senate of the Commonwealth of and qualified, vice William C. Schulz, Edinboro, whose term Pennsylvania: expired. In conformity with law, I have the honor hereby to nominate ROBERT P. CASEY. for the advice and consent of the Senate, Gayle Hawkins Bush, JUDGE, COURT OF COMMON PLEAS, 5111 Dakota Street, Philadelphia 19130, Philadelphia County, ALLEGHENY COUNTY Seventh Senatorial District, for appointment as a member of the Council of Trustees of Cheyney University of Pennsylvania of the October 29, 1990. State System of Higher Education, to serve until the third Tuesday of January, 1995, and until her successor is appointed To the Honorable, the Senate of the Commonwealth of Pennsylvania: and qualified, vice Audrey S. Pittman, Philadelphia, whose term expired. In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, David Ward Murphy, ROBERT P. CASEY. Esquire, 211 Olympia Street, Pittsburgh 15211, Allegheny MEMBER OF THE LEHIGH COUNTY County, Forty-second Senatorial District, for appointment as BOARD OF ASSISTANCE Judge of the Court of Common Pleas of Allegheny County, to serve until the first Monday of January, 1992, vice The Honor­ October 17, 1990. able John W. O'Brien, resigned. To the Honorable, the Senate of the Commonwealth of ROBERT P. CASEY. Pennsylvania: DISTRICT JUSTICE In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Daylin B. Leach (Demo­ October 29, 1990. crat), 323 Springhouse Road, #10, Allentown 18104, Lehigh To the Honorable, the Senate of the Commonwealth of County, Sixteenth Senatorial District, for appointment as a Pennsylvania: member of the Lehigh County Board of Assistance, to serve until December 31, 1992, and until his successor is appointed and qual­ In conformity with law, I have the honor hereby to nominate ified, vice Donald H. Hensler, Ph.D., Emmaus, resigned. for the advice and consent of the Senate, David J. Murphy, Esquire, 1 Scott Lane, Aston 19014, Delaware County, Ninth ROBERT P. CASEY. Senatorial District, for appointment as District Justice in and for JUDGE, COURT OF COMMON PLEAS, the County of Delaware, Magisterial District 32-2-38, to serve PHILADELPHIA COUNTY until the first Monday of January, 1992, vice Henry J. Silva, resigned. October 22, 1990. ROBERT P. CASEY. To the Honorable, the Senate of the Commonwealth of MEMBER OF THE PENNSYLVANIA Pennsylvania: ENERGY DEVELOPMENT AUTHORITY In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Nitza I. Quinones November 1, 1990. Alejandro, 907 Ronnie Circle, Philadelphia 19128, Philadelphia To the Honorable, the Senate of the Commonwealth of County, Fourth Senatorial District, for appointment as Judge of Pennsylvania: the Court of Common Pleas of Philadelphia County, to serve until the first Monday of January, 1992, vice The Honorable In conformity with law, I have the honor hereby to nominate Eugene H. Clarke, Jr., mandatory retirement. for the advice and consent of the Senate, Jeffrey S. Craig, 8 Ellsworth Terrace, Pittsburgh 15213, Allegheny County, Forty­ ROBERT P. CASEY. third Senatorial District, for appointment as a member of the Pennsylvania Energy Development Authority, to serve until November 24, 1990 and until his successor is appointed and quali­ fied, vice Werner Fricker, whose term expired. ROBERT P. CASEY. 1990 LEGISLATIVE JOURNAL-SENATE 2565

MEMBER OF THE COUNCIL OF TRUSTEES In conformity with law, I have the honor hereby to nominate OF CLARION UNIVERSITY OF for the advice and consent of the Senate, Donald Stroup, Box PENNSYLVANIA OF THE STATE SYSTEM 704, Clarion 16214, Clarion County, Sixth Senatorial District, for reappointment as a member of the Council of Trustees of OF HIGHER EDUCATION Clarion University of Pennsylvania of the State System of Higher November 5, 1990. Education, to serve until the third Tuesday of January, 1995, and until his successor is appointed and qualified. To the Honorable, the Senate of the Commonwealth of ROBERT P. CASEY. Pennsylvania: In conformity with law, I have the honor hereby to nominate MEMBER OF THE COUNCIL OF TRUSTEES for the advice and consent of the Senate, Barbara L. Burtell, 5526 OF CLARION UNIVERSITY OF Partridge Court, Harrisburg 17111, Dauphin County, Fifteenth PENNSYLVANIA OF THE STATE SYSTEM Senatorial District, for appointment as a member of the Council OF HIGHER EDUCATION of Trustees of Clarion University of Pennsylvania of the State System of Higher Education, to serve until the third Tuesday of November 5, 1990. January, 1995, and until her successor is appointed and qualified, To the Honorable, the Senate of the Commonwealth of vice Joseph S. Harvey, Oil City, whose term expired. Pennsylvania: ROBERT P. CASEY. In conformity with law, I have the honor hereby to nominate MEMBER OF THE COUNCIL OF TRUSTEES for the advice and consent of the Senate, Paul A. Weaver, 1072 OF CLARION UNIVERSITY OF Sunset Drive, Clarion 16214, Clarion County, Forty-first Senato­ PENNSYLVANIA OF THE STATE SYSTEM rial District, for reappointment as a member of the Council of Trustees of Clarion University of Pennsylvania of the State OF HIGHER EDUCATION System of Higher Education, to serve until the third Tuesday of November 5, 1990. January, 1995, and until his successor is appointed and qualified. ROBERT P. CASEY. To the Honorable, the Senate of the Commonwealth of Pennsylvania: JUDGE, COURT OF COMMON PLEAS, In conformity with law, I have the honor hereby to nominate LUZERNE COUNTY for the advice and consent of the Senate, William M. Kern, November 8, 1990. Esquire, 347 Main Street, Clarion 16214, Clarion County, Forty­ first Senatorial District, for appointment as a member of the To the Honorable, the Senate of the Commonwealth of Council of Trustees of Clarion University of Pennsylvania of the Pennsylvania: State System of Higher Education, to serve until the third In conformity with law, I have the honor hereby to nominate Tuesday of January, 1995, and until his successor is appointed for the advice and consent of the Senate, Hugh F. Mundy, and qualified, vice Richard C. Snebold, Jr., Wexford, whose Esquire, 74 Lehman Avenue, Dallas 18612, Luzerne County, term expired. Twentieth Senatorial District, for appointment as Judge of the ROBERT P. CASEY. Court of Common Pleas of Luzerne County, to serve until the MEMBER OF THE COUNCIL OF TRUSTEES first Monday of January, 1992, vice The Honorable Bernard J. Podcasy, mandatory retirement. OF CLARION UNIVERSITY OF PENNSYLVANIA OF THE STA TE SYSTEM ROBERT P. CASEY. OF HIGHER EDUCATION JUDGE, COURT OF COMMON PLEAS, CRAWFORD COUNTY November 5, 1990. November 9, 1990. To the Honorable, the Senate of the Commonwealth of Pennsylvania: To the Honorable, the Senate of the Commonwealth of In conformity with law, I have the honor hereby to nominate Pennsylvania: for the advice and consent of the Senate, Fred C. Mcllhattan, In conformity with law, I have the honor hereby to nominate Box 27, Peterson Avenue, Knox 16232, Clarion County, Twenty­ for the advice and consent of the Senate, Anthony Joseph fifth Senatorial District, for reappointment as a member of the Vardaro, Esquire, 654 Park Avenue, Meadville 16335, Crawford Council of Trustees of Clarion University of Pennsylvania of the County, Fiftieth Senatorial District, for appointment as Judge of State System of Higher Education, to serve until the third the Court of Common Pleas of Crawford County, to serve until Tuesday of January, 1995, and until his successor is appointed the first Monday of January, 1992, vice The Honorable P. and qualified. Richard Thomas, mandatory retirement. ROBERT P. CASEY. ROBERT P. CASEY. MEMBER OF THE COUNCIL OF TRUSTEES RECALL COMMUNICATIONS OF CLARION UNIVERSITY OF REFERRED TO COMMITI'EE PENNSYLVANIA OF THE ST ATE SYSTEM The PRESIDENT laid before the Senate the following OF HIGHER EDUCATION communications in writing from His Excellency, the Gover­ November 5, 1990. nor of the Commonwealth, which were read as follows, and To the Honorable, the Senate of the Commonwealth of referred to the Committee on Rules.and Executive Nomina­ Pennsylvania: tions: 2566 LEGISLATIVE JOURNAL-SENATE NOVEMBER 12,

MEMBER OF THE BLAIR COUNTY MEMBER OF THE CLEARFIELD COUNTY BOARD OF ASSISTANCE BOARD OF ASSISTANCE October 3, 1990. October I 7, 1990. To the Honorable, the Senate of the Commonwealth of To the Honorable, the Senate of the Commonwealth of Pennsylvania: Pennsylvania: In accordance with the power and authority vested in me as Please note the nomination dated October 9, 1990 for the Governor of the Commonwealth, I do hereby recall my nomina­ appointment of Jesse Rollin, P. 0. Box 385, Clearfield 16830, tion dated August 22, I 990 for the appointment of Julia A. Laura Clearfield County, Thirty-fifth Senatorial District, as a member (Democrat), 1101 Eighth Avenue, Altoona 16602, Blair County, of the Clearfield County Board of Assistance, to serve until Thirtieth Senatorial District, as a member of the Blair County December 31, 1992, and until his successor is appointed and qual­ Board of Assistance, to serve until December 31, 1991 and until ified, vice Bernyce A. Dufton, Clearfield, resigned, should be her successor is appointed and qualified, vice Father Bonaventure corrected to read: Midili, Altoona, resigned. Jesse Rollin (Republican), P . .0. Box 385, Clearfield 16830, I respectfully request the return to me of the official message Clearfield County, Thirty-fifth Senatorial District, as a member of nomination on the premises. of the Clearfield County Board of Assistance, to serve until ROBERT P. CASEY. December 31, 1992, and until his successor is appointed and qual­ ified, vice Bernyce A. Dufton, Clearfield, resigned. MEMBER OF THE STATE BOARD OF EXAMINERS IN SPEECH-LANGUAGE HOUSE MESSAGES AND HEARING October I 0, I 990. SENATE BILLS RETURNED WITH AMENDMENTS To the Honorable, the Senate of the Commonwealth of The Clerk of the House of Representatives returned to the Pennsylvania: Senate SB 867, 983 and 1140, with the information the House In accordance with the power and authority vested in me as has passed the same with amendments in which the concur­ Governor of the Commonwealth, I do hereby recall my nomina­ rence of the Senate is requested. tion dated August 22, 1990 for the appointment of Dennis J. The PRESIDENT. Pursuant to Senate Rule XV, Section 5, McManus, 428 Sunnyland Street, Pittsburgh 15227, Allegheny these bills will be referred to the Committee on Rules and Comity, Forty-third Senatorial District, as a member of the State Board of Examiners in Speech-Language and Hearing, to serve Executive Nominations. for a term of three years and until his successor is appointed and HOUSE BILLS FOR CONCURRENCE qualified, but not longer than six months beyond that period, vice Molly M. Daly, Pittsburgh, whose term expired. The Clerk of the House of Representatives presented to the I respectfully request the return to me of the official message Senate the following bills for concurrence, which were of nomination on the premises. referred to the committees indicated: ROBERT P. CASEY. October 4, 1990 MEMBER OF THE PENNSYLVANIA PUBLIC on Law and Justice. TELEVISION NETWORK COMMISSION HB 618 - Comi:nittee HB 1861-Committee on Education. October 12, 1990. October 9, 1990 To the Honorable, the Senate of the Commonwealth of Pennsylvania: HB 244 - Committee on Law and Justice. In accordance with the power and authority vested in me as HB 444 and 1361 - Committee on Local Government. Governor of the Commonwealth, I do hereby recall my nomina­ HB 1228- Committee on Judiciary. tion dated September 26, 1990 for the appointment of Jonathan HB 1825 - Committee on State Government. Bigley, 24 Aquaduct Road, Duncannon 17020, Perry County, Thirty-third Senatorial District, as a member of the Pennsylvania October I I, I 990 Public Television Network Commission, to serve for a term of six HB 1972 - Committee on State Government. is appointed and qualified, vice John years and until his successor HB 2158, 2171 and 2187 - Committee on Agriculture and Scotzin, deceased. I respectfully request the return to me of the official message Rural Affairs. of nomination on the premises. HB 2183 - Committee on Public Health and Welfare. ROBERT P. CASEY. October 22, I 990 CORRECTION TO NOMINATION BY THE HB 2188 - Committee on Agriculture and Rural Affairs. GOVERNOR REFERRED TO COMMITTEE HB 2730 - Committee on Consumer Protection and Pro­ The PRESIDENT laid before the Senate the following fessional Licensure. communication in writing from His Excellency, the Governor November I 2, I 990 of the Commonwealth, which was read as follows, and referred to the Committee on Rules and Executive Nomina­ HB 2604 - Committee on Appropriations. tions: 1990 LEGISLATIVE JOURNAL-SENATE 2567

BILLS INTRODUCED AND REFERRED Which was committed to the Committee on TRANSPOR­ TATION, October 9, 1990. The PRESIDENT laid before the Senate the following Senators RHOADES, REGOLI, STOUT, BELAN, Senate Bills numbered, entitled and referred as follows, which STAPLETON, SHUMAKER, HELFRICK, CORMAN, were read by the Qerk: O'PAKE, BODACK, MELLOW, LINCOLN, FISHER and October 4, 1990 LEMMOND presented to the Chair SB 1809, entitled: Senator BAKER presented to the Chair SB 1803, entitled: An Act making an appropriation to the Pennsylvania Mining An Act amending Title 75 (Vehicles) of the Pennsylvania Con­ and Mineral Resources Research Institute. solidated Statutes, providing for amount of fine. Which was committed to the Committee on APPROPRI­ Which was committed to the Committee on TRANSPOR­ ATIONS, October 9, 1990. TATION, October 4, 1990. Senator STOUT presented to the Chair SB 1810, entitled: Senators RHOADES, SHUMAKER, SCANLON, An Act amending Title 75 (Vehicles) of the Pennsylvania Con­ AFFLERBACH, BELL, FISHER, LINCOLN, PECORA, solidated Statutes, imposing a motorbus road tax; providing pen­ alties; and making a repeal. ROCKS and SHAFFER presented to the Chair SB 1804, entitled: Which was committed to the Committee on TRANSPOR­ An Act amending Title 24 (Education) of the Pennsylvania TATION, October 9, 1990. Consolidated Statutes, establishing a health insurance account to October 11, 1990 be administered by the Public School Employees' Retirement System for certain annuitants; and further providing for invest­ Senator STOUT presented to the Chair SB 1811, entitled: ment earnings of the Pennsylvania School Employees' Retire­ An Act amending Title 75 (Vehicles) of the Pennsylvania Con­ ment Fund. solidated Statutes, further providing for the determination of Which was committed to the Committee on FINANCE, average fuel consumption for the motor carrier road tax; autho­ rizing the Secretary of Transportation and the Secretary of 4, 1990. October Revenue to enter into road tax agreements; providing for the Senators BELAN, STOUT, LaVALLE, SCANLON, enforcement of liquid fuels and fuel use taxes; and making SALVATORE, FISHER, MELLOW, O'PAKE and repeals. SHAFFER presented to the Chair SB 1805, entitled: Which was committed to the Committee on TRANSPOR­ An Act amending Title 42 (Judiciary and Judicial Procedure) TATION, October 11, 1990. of the Pennsylvania Consolidated Statutes, further providing for disposition of delinquent children. Senators STOUT and STAPLETON presented to the Chair SB 1812, entitled: Which was committed to the Committee on JUDICIARY, An Act amending the act of May 21, 1931 (P. L. 149, No. October 4, 1990. 105), entitled, as amended, "The Liquid Fuels Tax Act," provid­ October 9, 1990 ing for additional uses of fuel tax funds. Senators CORMAN, HELFRICK, SHUMAKER, Which was committed to the Committee on TRANSPOR­ MADIGAN, PUNT, RHOADES, BRIGHTBILL, HOLL, TATION, October 11, 1990. PECORA, FISHER and BELL presented to the Chair Senators STOUT, O'PAKE, LaVALLE, SCANLON, SB 1806, entitled: STAPLETON, BELAN, PORTERFIELD, SHAFFER and An Act amending the act of April 9, 1929 (P. L. 177, No. 175), PECORA presented to the Chair SB 1813, entitled: entitled "The Administrative Code of 1929," providing for full An Act amending Title 75 (Vehicles) of the Pennsylvania Con­ State salary of any regular employee who is a member of the solidated Statutes, providing for the minimum width of handi­ National Guard or a reservist who is called to Federal active duty. capped parking spaces. Which was committed to the Committee on MILITARY Which was committed to the Committee on TRANSPOR­ AND VETERANS AFFAIRS, October 9, 1990. TATION, October 11, 1990. Senators SALVATORE, MADIGAN, RHOADES and Senators STAPLETON, LaVALLE, O'PAKE, SHAFFER presented to the Chair SB 1807, entitled: MELLOW, AFFLERBACH, BO DACK, STOUT and An Act designating English as the official language of the BELAN presented to the Chair SB 1814, entitled: Commonwealth of Pennsylvania; and providing for a right of action. An Act providing for protection of agriculture and horticul­ ture, including all field crops, vegetables, trees, shrubs, vines, Which was committed to the Committee on STATE GOV­ florist and nursery stock and all other plants and parts, or their ERNMENT, October 9, 1990. products, from plant pests; providing for powers and duties of the Department of Agriculture; providing for and funding special Senator SALVATORE presented to the Chair SB 1808, testing and certification procedures and programs; prescribing entitled: penalties; and making a repeal. An Act amending the act of May 21, 1937 (P. L. 774, No. Which was committed to the Committee on AGRICUL­ 2ll), entitled "Pennsylvania Turnpike Commission Act,'' further authorizing the commission to revise and set tolls for TURE AND RURAL AFFAIRS, October 11, 1990. certain vehicles. 2568 LEGISLATIVE JOURNAL-SENATE NOVEMBER 12,

Senators AFFLERBACH, LEWIS and MELLOW Which was committed to the Committee on EDUCA­ presented to the Chair SB 1815, entitled: TION, October 22, 1990. An Act amending Title 66 (Public Utilities) of the Pennsyl­ Senator WILT presented to the Chair SB 1822, entitled: vania Consolidated Statutes, adding provisions relating to the regulation of limousine services. An Act amending the act of October 18, 1988 O'. L. '56, No. 108), entitled "Hazardous Sites Cleanup Act," providing for Which was committed to the Committee on CONSUMER responsibility of county. PROTECTION AND PROFESSIONAL LICENSURE, Which was committed to the Committee on ENVIRON­ October 11, 1990. MENTAL RESOURCES AND ENERGY, October 22, 1990. October 15, 1990 November 12, 1990 Senators BAKER, BRIGHTBILL, CORMAN, Senators GREENLEAF, BELL, REIBMAN, O'PAKE STAPLETON, SALVATORE, FISHER and and La VALLE presented to the Chair SB 1823, entitled: PORTERFIELD presented to the Chair SB 1816, entitled: An Act amending the act of June 5, 1968 (P. L. 140, No. 78), An Act providing for loan forgiveness to encourage geography entitled "An act regulating the writing, cancellation of or refusal instruction in elementary schools. to renew policies of automobile insurance; .... ," requiring an Which was committed to the Committee on EDUCA­ insurer to give an insured notice of a proposed settlement. TION, October 15, 1990. Which was committed to the Committee on BANKING Senator GREENLEAF presented to the Chair SB 1817, AND INSURANCE, November 12, 1990. entitled: Senators RHOADES, REIBMAN, BRIGHTBILL, An Act amending the act of May 25, 1945 (P. L. 1050, No. BAKER, CORMAN, GREENWOOD, SALVATORE, 394), entitled "Local Tax Collection Law," further providing for HOLL, HESS, AFFLERBACH and LaVALLE presented to the payment of taxes, for the deposit of tax payments and interest the Chair SB 1824, entitled: earned on tax payments and for the reconciliation of accounts between tax collectors and taxing districts. An Act providing for the establishment, organization and operation of an administrative body to be known as the State Which was committed to the Committee on FINANCE, Education Improvement Task Force; providing for its powers October 15, 1990. and duties; and making appropriations. Senator GREENLEAF presented to the Chair SB 1818, Which was committed to the Committee on EDUCA­ entitled: TION, November 12, 1990. An Act amending the act of June 24, 1931 (P. L. 1206, No. 331), entitled "The First Class Township Code," further provid­ RESOLUTIONS INTRODUCED AND REFERRED ing for the selection of the township treasurer. Which was committed to the Committee on LOCAL GOV­ The PRESIDENT laid before the Senate the following ERNMENT, October 15, 1990. Senate Resolutions numbered, entitled and referred as follows, which were read by the Clerk: Senator GREENLEAF presented to the Chair SB 1819, entitled: October 22, 1990 An Act amending the act of June 24, 1931 (P. L. 1206, No. SUPPORTING THE RED RIBBON CAMPAIGN 331), entitled "The First Class Township Code," providing for the selection of a township tax collector; and further providing Senators GREENLEAF, JUBELIRER, CORMAN, for the duties of township treasurers. SHUMAKER, WENGER, MADIGAN, LaVALLE, HELFRICK, SALVATORE, O'PAKE, BELAN, MUSTO, Which was committed to the Committee on LOCAL GOV­ RHOADES, HOPPER, STOUT, JONES, PUNT and ERNMENT, October 15, 1990. AFFLERBACH offered the following resolution (Senate Res­ Senator GREENLEAF presented to the Chair SB 1820, olution No. 195), which was read and referred to the Commit­ entitled: tee on Rules and Executive Nominations: An Act amending the act of April 9, 1929 (P. L. 177, No. 17 5), entitled "The Administrative Code of 1929," imposing addi­ In the Senate, October 22, 1990. tional audit responsibilities on the Department of Community A RESOLUTION Affairs relating to tax offices of certain first class townships. Supporting the Red Ribbon Campaign. Which was committed to the Committee on LOCAL GOV­ WHEREAS, It is imperative that visible, unified prevention ERNMENT, October 15, 1990. education efforts by community members be launched to reduce the demand for drugs; and October 22, 1990 WHEREAS, President George Bush and Mrs. Barbara Bush Senators BAKER, ROCKS, CORMAN, SHUMAKER, are the National Honorary Chairpersons, and Governor and Mrs. HELFRICK, PETERSON and FISHER presented to the Robert Casey of Pennsylvania are the State Honorary Chairper­ sons to provide this community focus on a Drug-Free America; Chair SB 1821, entitled: and An Act providing matching funds and loan forgiveness to WHEREAS, Pennsylvanians Aware, a, Statewide parent-com­ encourage foreign language instruction in elementary schools. munity organization, is sponsoring "Red Ribbon Week" October 20 through 28, 1990; and 1990 LEGISLATIVE JOURNAL-SENATE 2569

WHEREAS, Schools, businesses, law enforcement agencies, House of Representative churches, hospitals, service clubs, government agencies, and indi­ From: BOYDE. WOLFF, Secretary viduals in the Commonwealth of Pennsylvania will demonstrate PA Department of Agriculture drug-free society by wearing and display­ their commitment for a In accordance with Article IV (i) of the Interstate Pest Control week-long campaign; therefore be it ing red ribbons during this Compact, I am forwarding to you the IPPC reports for 1990. Senate support the Red Ribbon Cam­ RESOLVED, That the Article IV (i) reads, as follows: "The Insurance Fund annually of October 20 through 28, 1990, as paign, designate the week make to the Governor and legislature of each party state a and encourage the citizens shall "Red Ribbon Week" in Pennsylvania, report covering its activities for the proceeding year. The Insur­ awareness activities, making a visible state­ to participate in drug ance Fund may make such additional reports as it may deem are strongly committed to live healthy drug-free ment that we desirable.'' lives; and be it further Should you have any questions on this ·report, please let me the Senate of the Commonwealth of Penn­ RESOLVED, That know. sylvania encourage all citizens to pledge: "THE CHOICE FOR ME ••. DRUG-FREE!" The PRESIDENT. This report will be filed in the Library. November 12, 1990 REPORT OF THE TREASURER UNIVERSITY SUPPORTING PRESIDENT BUSH AND OF TEMPLE 1989-90 THE UNITED STATES INVOLVEMENT FISCAL YEAR IN THE MIDDLE EAST CRISIS The PRESIDENT laid before the Senate the following com­ was read by the Clerk as follows: Senators SALVATORE, SCANLON, HOPPER, ARM­ munication, which STRONG, SHUMAKER, BELL, CORMAN, HELFRICK, TEMPLE UNIVERSITY WENGER, BRIGHTBILL and MADIGAN offered the fol­ Office of Financial Affairs Pennsylvania 19122 lowing resolution (Senate Resolution No. 1%), which was Philadelphia, read and referred to the Committee on Military and Veterans October 31, 1990 Affairs: The Honorable Mark R. Corrigan of the Senate 12, 1990. Secretary In the Senate, November 462 Main Capitol Building A RESOLUTION Harrisburg, Pennsylvania 17120 Supporting President Bush and the United States involvement in Dear Secretary Corrigan: The Middle East Crisis. In compliance with Act 13A of July 11, 1989, I submit to you Treasurer of Temple University - of the WHEREAS, On August 2, 1990, Iraq, without provocation or herewith the report of the Education for the fiscal year justification, invaded Kuwait and subsequently annexed Kuwait Commonwealth System of Higher audited financial statements of the as a province of Iraq; and 1989-90 which contains the WHEREAS, The United States with the help of the United University for that year. Nations has sent troops to Saudi Arabia to protect our interest Sincerely, products and has established a naval blockade to prevent certain LAURENT J. REMILLARD from leaving or entering Iraq; therefore be it Vice President, Chief heartily RESOLVED, That the Senate of Pennsylvania Financial Officer and with endorse the actions of the President of the United States Treasurer regard to the unprovoked and unjustified actions of Iraq with respect to Kuwait; and be it further The PRESIDENT. This report will be filed in the Library. this resolution be transmitted to RESOLVED, That a copy of ANNUAL FINANCIAL REPORT the President of the United States. UNIVERSITY OF PITTSBURGH GENERAL COMMUNICATIONS The PRESIDENT laid before the Senate the following com­ munication, which was read by the Clerk as follows: DEPARTMENT OF AGRICULTURE UNIVERSITY OF PITTSBURGH INTERSTATE PEST CONTROL Pittsburgh, PA 15260 COMPACT REPORT October 11, 1990 The PRESIDENT laid before the Senate the following Mr. Mark R. Corrigan of the Senate communication, which was read by the Clerk as follows: Secretary 462 Main Capitol Building COMMONWEALTH OF PENNSYLVANIA Harrisburg, Pennsylvania 17120 DEPARTMENT OF AGRICULTURE Dear Mr. Corrigan: Office of the Secretary requirements of the Com­ 2301 North Cameron St. In accordance with the reporting is the Financial Statement Harrisburg, PA 17110-9408 monwealth, enclosed for your review for the University of Pittsburgh for the fiscal year ended June 30, November 2, 1990 1990. Subject: Interstate Pest Control Compact Report Sincerely, To: The Honorable Robert P. Casey, Governor WESLEY W. POSVAR Mark Corrigan, Secretary of the Senate President John J. Zubeck, Chief Clerk of the 2570 LEGISLATIVE JOURNAL-SENATE NOVEMBER 12,

The PRESIDENT. This report will be filed in the Library. The PRESIDENT. This report will be filed in the Library. DEPARTMENT OF HEALTH DEPARTMENT OF ENVIRONMENTAL RESOURCES 1989 ABORTION ST ATISTICS REPORT ANNUAL REPORT OF THE HAZARDOUS PROGRAM The PRESIDENT laid, before the Senate the following com­ SITES CLEANUP munication, which was read by the Clerk as follows: The PRESIDENT laid before the Senate the following com­ munication, which was read by the Clerk as follows: COMMONWEALTH OF PENNSYLVANIA Department of Health COMMONWEALTH OF PENNSYLVANIA Post Office Box 90 DEPARTMENT OF ENVIRONMENTAL RESOURCES Harrisburg, PA 17108 Office of Public Liaison October 3, 1990 Post Office Box 2063 Harrisburg, Pennsylvania 17105-2063 The Honorable Robert C. Jubelirer President Pro Tempore October 16, 1990 Senate of Pennsylvania Mr. Mark R. Corrigan Senate Post Office Secretary Harrisburg, PA 17120 Senate of Pennsylvania Dear Senator Jubelirer: Room 462, Capitol Building Harrisburg, PA 17120 In compliance with Section 3214 (e) of the Abortion Control Act, as amended 18 PA, C.S. § 3214 (e), I am submitting the Dear Mr. Corrigan: attached statistic report. This comprehensive report contains data As required by Act 108 of 1988, please find enclosed the annual reported to the Department under Sections 3214 (a) and (h) of the report of the Department of Environmental Resources of activ­ Act. ities conducted in the Hazardous Sites Cleanup Program for Sincerely, fiscal year 1989-90. N. MARK RICHARDS, M.D. Sincerely, Secretary R. DAVID MYERS The PRESIDENT. This report will be filed in the Library. Deputy Secretary for Public Liaison OF' ENVIRONMENT AL RESOURCES DEPARTMENT The PRESIDENT. This report will be filed in the Library. ANNUAL REPORT OF THE MUNICIPAL OFFICE OF CONSUMER ADVOCATE WASTE PLANNING, RECYCLING AND BUDGET REQUEST FOR ACT WASTE REDUCTION FISCAL YEAR 1991-1992 The PRESIDENT laid before the Senate the following com­ The PRESIDENT laid before the Senate the following com­ munication, which was read by the Clerk as follows: munication, which was read by the Clerk as follows: COMMONWEAL TH OF PENNSYLVANIA OFFICE OF CONSUMER ADVOCATE DEPARTMENT OF ENVIRONMENTAL RESOURCES COMMONWEAL TH OF PENNSYLVANIA Office of Public Liaison 1425 Strawberry Square Post Office Box 2063 Harrisburg, Pennsylvania 17120 Harrisburg, Pennsylvania 17105-2063 October 24, 1990 October 16, 1990 Hon. Robert P. Casey Mr. Mark R. Corrigan Governor of Pennsylvania Secretary Room 225, Main Capitol Bldg. Senate of Pennsylvania Harrisburg, PA 17120 Room 462, Capitol Building Harrisburg, PA 17120 Hon. Robert C. Jubelirer President Pro Tempore Dear Mr. Corrigan: Senate of Pennsylvania Pursuant to the provisions of Act 101 of 1988 (Municipal Room 292, Main Capitol Bldg. Waste Planning, Recycling and Waste Reduction Act), please Harrisburg, PA 17120 find enclosed the annual report of the Department of Environ­ Hon. Robert W. O'Donnell the period July 1, 1989 through June mental Resources, covering Speaker also satisfies the reporting requirements of 30, 1990. This report House of Representatives Act 89 of 1982 (Pennsylvania Used Oil Recycling Act) and Act Room 139 Solid Waste Resource Recovery Devel­ 198 of 1974 (Pennsylvania Main Capitol Building opment Act). Harrisburg, PA 17120 Sincerely, Gentlemen: R. DAVID MYERS Enclosed with this letter is the Budget Request of the Office ol Deputy Secretary Consumer Advocate (OCA) for Fiscal Year 1991-1992. The for Public Liaison OCA's requested budget for Fiscal Year 1991-92 is $3 1305,000. This amount represents an increase of $132,000, or 4.20fo, over our approved 1990-91 budget of $3, 173 ,000. 2571 1990 LEGISLATIVE JOURNAL-SENATE BUSINESS ADVOCATE The present budget request is submitted pursuant to Act No. 25 OFFICE OF SMALL of July 20, 1983. Under this Act, which amended the OCA BUDGET REQUEST FOR budget-setting mechanism, this budget request must be submitted FISCAL YEAR 1991-1992 simultaneously to the Governor and General Assembly. The the Senate the following com­ OCA budget is not derived from the General Fund, but is funded The PRESIDENT laid before through a direct assessment on the public utilities which are regu­ munication, which was read by the Clerk as follows: Commission (PUC). lated by the Pennsylvania Public Utility ADVOCATE by law, the OCA budget may never OFFICE OF SMALL BUSINESS It should be noted that, OF PENNSYLVANIA hundredths of one percent (0.050Jo) of the prior COMMONWEALTH exceed five one Building, Suite 500B total intrastate gross revenues of the public utili­ City Towers calendar year's 301 Chestnut Street to the jurisdiction of the PUC. According to the ties subject Harrisburg, Pennsylvania 17101 present PUC estimate of 1990 public utility revenues, the OCA's budget "cap" for Fiscal Year 1990-91 would be approximately October 31, 1990 approxi­ $7,870,372. The OCA 's proposed budget thus represents Hon. Robert P. Casey mately 42% of its cap. Governor of Pennsylvania request or If you have any questions about the OCA's budget Room 225, Main Capitol Bldg. be pleased to about the Office of Consumer Advocate, I would Harrisburg, PA 17120 meet with you or members of your staff at your convenience. Hon. Robert C. Jubelirer Sincerely, President Pro Tempore IRWIN A. POPOWSKY Senate of Pennsylvania Consumer Advocate Room 292, Main Capitol Bldg. Harrisburg, PA 17120 The PRESIDENT. This report will be filed in the Library. Hon. Robert W. O'Donnell DEPARTMENT OF LABOR AND INDUSTRY Speaker PENNSYLVANIA EMPLOYMENT House of Representatives Room 139 PLAN AND TRAINING Main Capitol Building The PRESIDENT laid before the Senate the following com­ Harrisburg, PA 17120 munication, which was read by the Clerk as follows: Dear Governor Casey, Senator Jubelirer and Representative O'Donnell: OF PENNSYLVANIA COMMONWEALTH requirements of Section 6 of Act 181 of OF LABOR AND INDUSTRY In accordance with the DEPARTMENT et seq., I am submitting the enclosed Harrisburg, Pennsylvania 17120 1988, 73 P.S. §391.41 Budget Request of the Office of Small Business Advocate for 1990 October 29, Fiscal Year 199I-1992. Copies are also being delivered today to Honorable Mark R. Corrigan the Secretary for Budget and to the Secretary of Commerce Secretary of the Senate within whose Department this office has been established. increase of $86,000 Senate Post Office The enclosed Budget Request represents an There are Harrisburg, Pennsylvania 17120 above the Office's budget for the current fiscal year. significant increases in several expense items in this Budget Corrigan: Dear Mr. Request as compared to the estimates that were used when this I enclose a copy of the Pennsylvania Employment and Training Office was established. Those increases primarily involve the Plan for the two year period of July 1, 1990 through June 30, costs of retaining expert consultants to testify on behalf of the 1992. The plan illustrates both the achievements of Pennsyl­ Office in cases before the Public Utility Commission, office rent vania's employment and training system and the training activ­ and general operating costs. In addition, the costs of staffing the ities that will be implemented during the two-year period. Office proved to be greater than was originally estimated. The I invite you to review this document, which combines the Title total amount requested for the next fiscal year, however, is only III Economic Dislocated Worker Adjustment Assistance Act 32% of the maximum amount allowed by law (.001250Jo of the activities with that of the regular Job Training Partnership Act total gross intrastate operating revenues of Pennsylvania's public and Job Service programs. The five primary goals described in utilities) for the expenses of the Office of Small Business Advo­ this plan provide the framework for efficient management of cate. I would also note that the funds for operating this Office Pennsylvania's training resources. We believe that the training come from assessments that are made against the utilities, not system outlined within this document will help meet the needs of from the general funds of the Commonwealth. individuals who are more at-risk and lack the necessary educa­ Please let me know if you or members of your staffs have any tional and technical skills to compete for today's jobs. questions or would like to meet with me to discuss this Budget If you have any comments or questions, please let me know, or Request. Director, Bureau of Job Training contact Ruth Ann Van Dyke, Sincerely yours, Partnership at (717) 783-8944. BERNARD A. RY AN, JR. regards, Best Small Business Advocate HARRIS WOFFORD, in the Library. Secretary The PRESIDENT. This report will be filed The PRESIDENT. This report will be filed in the Library. 2572 LEGISLATIVE JOURNAL-SENATE NOVEMBER 12,

PENNSYLVANIA ENERGY OFFICE DEPARTMENT QF LABOR AND INDUSTRY FINAL REPORT OF THE HYDRAULIC REPORT ON THE EVALUATION OF SEALS PROJECT PURSUANT TO HOUSE PENNSYLVANIA'S FIRE SAFETY LAWS CONCURRENT RESOLUTION NO. 29 PERTAINING TO PERSONAL CARE HOMES The PRESIDENT laid before the Senate the following com­ The PRESIDENT laid before the Senate the following com­ munication, which was read by the Clerk as follows: munication, which was read by the Clerk as follows: PENNSYLVANIA ENERGY OFFICE COMMONWEALTH OF PENNSYLVANIA 116 Pine Street, Second Floor DEPARTMENT OF LABOR AND INDUSTRY Harrisburg, Pennsylvania 17101-1227 Harrisburg, Pennsylvania 17120 November 1, 1990 September 21, 1990 Mr. Mark Corrigan Honorable Mark R. Corrigan Secretary Secretary of the Senate Senate of Pennsylvania Senate Post Office 462 Capitol Building Harrisburg, Pennsylvania 17120 Harrisburg, PA 17120 Dear Mr. Corrigan, Dear Mr. Corrigan: Attached is the report evaluating the Commonwealth's Fire House Resolution 29, a concurrent resolution of the legislature Safety Laws for personal care homes. This report was prepared to passed in the 1989 session, directed the Pennsylvania Energy satisfy the requirements of Section 10 of Act 185-1988. Office to study and report on existing and proposed technologies Should you have any questions, please feel free to contact for the design of effective hydraulic seals. The report that is Michael Aumiller, Director of Legislative Affairs, at 787-5087. attached, Hydraulic Seals Project - Final Report, was developed Sincerely, as a result of that directive. The report summarizes the work undertaken by the PEO, and provides recommendations for HARRIS WOFFORD future action. The Secretary We are available to respond to any questions that might rise The PRESIDENT. This report will be filed in the Library. after the report is reviewed. DEPARTMENT OF ENVIRONMENTAL RESOURCES Very truly yours, JAN H. FREEMAN ANNUAL REPORT OF PENNSYLVANIA CONSERVATION CORPS The PRESIDENT. This report will be filed in the Library. The PRESIDENT laid before the Senate the following com­ REPORT OF THE ENERGY CONSERVATION munication, which was read by the Clerk as follows: AND ASSISTANCE FUND COMMONWEAL TH OF PENNSYLVANIA The PRESIDENT laid before the Senate the following com­ DEPARTMENT OF ENVIRONMENTAL RESOURCES munication, which was read by the Clerk as follows: Harrisburg, PA 17120 PENNSYLVANIA ENERGY OFFICE October l, 1990 116 Pine Street, Second Floor John J. Zubeck, Chief Clerk, Harrisburg, Pennsylvania 17101-1227 House of Representatives September 28, 1990 and Mr. Mark R. Corrigan Mark R. Corrigan, Secretary of the Senate Secretary of the Senate Senate of Pennsylvania Gentlemen: Room 462 Main Capital Building It is with great pleasure that I submit the Pennsylvania Conser~ Harrisburg, Pennsylvania 17120 vation Corps Annual Report as required by Act 112 of 1984, as Dear Mr. Corrigan: amended. Act 67 of July 1, 1990 transferred responsibility for the I am pleased to forward a report to the General Assembly that Pennsylvania Conservation Corps program to the Department of describes in detail the use of oil overcharge funds by the Pennsyl­ Labor and Industry. However, the Department of Environmental vania Energy Office during FY 1989-90. Act 122of1986 requires Resources had administrative responsibility for the program this report be made available to the General Assembly by through Fiscal Year 1989-90. September 30 of each year. I am proud that during my tenure we have made significant I hope you find the report informative and if I can provide you progress in providing young people many opportunities in the with any additional information, please feel free to contact me. areas of service, education and employment. I feel confident that in the future PCC will continue to fulfill the governor's commit­ Sincerely, ment to public service, volunteerism and the environment in an JAN H. FREEMAN exemplary fashion. Executive Director The legislated purposes of the PCC program are to provide work experience, job training and educational opportunities to The PRESIDENT. This report will be filed in the Library. unemployed youth aged 18 to 25, and to foster economic develop­ ment through labor-intensive improvement activities on Pennsyl­ vania's public lands. 1990 LEGISLATIVE JOURNAL-SENATE 2573

I am proud to report that both of these goals continue to be In compliance with Act No. 712 of the 1961 Session and Act met in impressive style. This year, PCC initiated 64 projects No. 212 of the 1976 Session of the General Assembly titled the throughout the Commonwealth, including about 47 percent in "Lobbying Registration and Regulation Act," we herewith rural areas. Every dollar of the taxpayer's money spent on PCC jointly present a list containing the names and addresses of the projects this fiscal year will return about $1.69 in the value of persons who have registered from October 1, 1990 through work completed. In addition, these projects could generate as October 31, 1990 inclusive, for the 174th Session of the General much as $1.3 million in revenues such as cabin rental fees and Assembly. This list also contains the names and addresses of the local sales taxes. organizations represented by these registrants. The number and quality of projects undertaken are solid testa­ Respectfully submitted: ment to what can be accomplished by young men and women through adequate supervision and a well-designed program. MARK R. CORRIGAN During FY 1989-90, 557 corpsmembers participated in the Secretary program and, since PCC's inception, nearly 9,000 young men Senate of Pennsylvania and women have been employed. These corpsmembers have JOHN J. ZUBECK received intensive on-the-job training in carpentry, masonry, Chief Clerk landscaping and other trades. They have also been offered adult House of Representatives literacy instruction, GED preparation and testing, life skills, and job search and application training. The worth of this training is (See Appendix for complete list.) evident in the fact that, to date, at least one-third of all corpsmembers have gone on to outside employment immediately COMMITTEE OF CONFERENCE upon leaving PCC. APPOINTED ON SB 1070 In addition to marketable skills, corpsmembers have taken away with them the special satisfaction that comes from meaning­ The PRESIDENT. The Chair announces, on behalf of the ful work experience carried through to a successful conclusion. The pride with which corpsmembers have shown me the fruits of President pro tempore, the appointment of Senators their labor tells me that this may be the most meaningful experi­ FISHER, BRIGHTBILL and LEWIS as a Committee of Con­ ence of aJI. It is from such pride that there springs a sense of stew­ ference on the part of the Senate to confer with a similar com­ ardship and of being a part of one's community and one's state. mittee of the House (if the House shall appoint such commit­ PCC builds not only cabins and trails, but also citizens. As one tee) to consider the differences existing between the two corpsmember said, "When I worked for PCC, I worked hard for my state and its people. That made me feel proud inside-to help houses in relation to Senate Bill No. 1070. aJl of us." Ordered, That the Secretary of the Senate inform the House More and more, PCC is being recognized for the good work it of Representatives accordingly. is doing. PCC took first place this year in the state government category of the "Take Pride in Pennsylvania" competition. The corps was given an Environmental Achievement A ward by the APPOINTMENT BY Searching for Success program in Washington, D.C. Finally, the PRESIDENT PRO TEMPORE PCC project in Carbon County was named by the National Asso­ ciation of Service and Conservation Corps as the nation's best The PRESIDENT. The Chair wishes to announce the Presi­ project for a year-round conservation corps program. dent pro tempore has made the following appointment: PCC has been transferred to Labor and Industry to strengthen Ms. Veronica McLaren as a member of the Health Care the relationship between the Corps and the governor's other Cost Containment Council. youth service and volunteer programs. I am proud of PCC's many honors and accomplishments, and I feel strongly that the program's emphasis on conservation and natural resources is an SPECIAL ORDER OF BUSINESS integral part of its success. I look forward to working closely with Secretary Harris Wofford to build upon the solid foundation that HONORABLE JOHN STAUFFER WELCOMED now exists. BACK TO THE SENATE This report is submitted on behalf of the many corpsmembers, crewleaders and project operators who have made PCC one of Senator LOEPER. Mr. President, I would like to take this the finest corps programs in the nation. opportunity to welcome back a former colleague of all of us Sincerely, who is here to visit today, a gentleman who for many years in ARTHUR A. DAVIS this Chamber guided legislation, spoke on the issues and Secretary really put forth an agenda for the people of Pennsylvania. It is The PRESIDENT. This report will be filed in the Library. my honor, Mr. President, to introduce the former Majority Leader of the Senate of Pennsylvania from Chester County, LISTS OF LOBBYISTS AND ORGANIZATIONS Senator John Stauffer. The PRESIDENT laid before the Senate the following com­ (Applause.) munication, which was read by the Clerk as follows: The PRESIDENT. The Chair recognizes and welcomes SENATE OF PENNSYLVANIA Senator Stauffer back to his stomping grounds. November I, 1990 To the Honorable, the Senate of the REPORTS FROM COMMITTEES Commonwealth of Pennsylvania To the Honorable, the House of Representatives Senator LEMMOND, from the Committee on Game and of the Commonwealth of Pennsylvania Fisheries, reported the following bill: 2574 LEGISLATIVE JOURNAL-SENATE NOVEMBER 12,

BB 876 (Pr. No. 4270) (Amended) legislative leaves for Senator Porterfield and Senator Belar An Act amending Title 34 (Game) of the Pennsylvania Consoli­ and temporary Capitol leaves for Senator Dawida and dated Statutes, further providing for the powers and duties of Senator Musto. The Chair hears no objection. Those leave! Game Commission officers; and further providing for hunting on will be granted. Sunday. Senator TILGHMAN, from the Committee on Appropri­ LEAVES OF ABSENCE ations, reported the following bills: Senator LOEPER asked and obtained leave of absence for SB 1176 (Pr. No. 1452) (Rereported) Senator ROCKS, for today's Session, for personal reasons. An Act amending Title 23 (Domestic Relations) of the Pennsyl­ Senator STAPLETON asked and obtained leave ofabsence vania Consolidated Statutes, providing for the Office of Child for Senator WILLIAMS, for today's Session, for personal Support Legal Advocate. reasons. HB 2156 (Pr. No. 2860) (Rereported) An Act regulating the construction, operation and mainte­ SENATE CONCURRENT RESOLUTION nance of dry cleaning plants in this Commonwealth. WEEKLY ADJOURNMENT HB 2557 (Pr. No. 4273) (Amended) Senator LOEPER offered the following resolution, which An Act amending the act of April 9, 1929 (P. L. 177, No. 175), was read as follows: known as "The Administrative Code of 1929," further providing for fees for services by the Department of Health, the Depart­ In the Senate, November 12, 1990. ment of State and the Pennsylvania Securities Commission; and RESOLVED, (the House of Representatives concurring), That providing for the validation of certain fees collected by the when the Senate adjourns this week it reconvene on Monday, Department of State. · November 19, 1990, unless sooner recalled by the President Pro Senator CORMAN, from the Committee on Transporta­ Tempore of the Senate; and be it further tion, reported the following bills: RESOLVED, That when the House of Representatives adjourns this week it reconvene on Monday, November 19, 1990, BB 235 (Pr. No. 4271) (Amended) ·unless sooner recalled by the Speaker of the House of Representa­ tives. An Act amending the act of December 8, 1982 (P. L. 848, No. 235), known as the "Highway-Railroad and Highway Bridge Senator LOEPER asked and obtained unanimous consen1 Capital Budget Act for 1982-1983," adding State and local proj­ for the immediate consideration of this resolution. ects in various counties; and making mathematical corrections. On the question, BB 560 (Pr. No. 4272) (Amended) Will the Senate adopt the resolution? An Act amending Title 66 (Public Utilities) of the Pennsylvania SENATE CONCURRENT RESOLUTION ADOPTED Consolidated Statutes, providing an opportunity for municipali­ ties to purchase real property being disposed of by public utilities Senator LOEPER. Mr. President, I move that the Senatf engaged in a railroad business. do adopt this resolution. Senator PETERSON, from the Committee on Public On the question, Health and Welfare, reported the following bills: Will the Senate agree to the motion? BB 267 (Pr. No. 3650) The yeas and nays were required by Senator LOEPER anc An Act amending the act of August 24, 1951 (P. L. 1304, No. were as follows, viz: 315), known as the "Local Health Administration Law," further YEAS-48 providing for State grants to county departments of health and to certain municipalities. Afflerbach Furno Lincoln Reibman Andrezeski Greenleaf Loeper Rhoades BB 507 (Pr. No. 4266) (Amended) Armstrong Greenwood Lynch Salvatore Baker Helfrick Madigan Scanlon An Act concerning the fluoridation of public water. Bel an Hess Mellow Shaffer Bell Holl Musto Shumaker Boda ck Hopper O'Pake Stapleton LEGISLATIVE LEAVES Brightbill Jones Pecora Stewart Corman Jubelirer Peterson Stout Senator LOEPER. Mr. President, I would ask for a tempo­ Dawida La Valle Porterfield Tilghman rary Capitol leave on behalf of Senator Hess. Fattah Lemmond Punt Wenger Lewis Regoli Senator STAPLETON. Mr. President, I would ask for leg­ Fisher Wilt islative leaves for Senator Porterfield and Senator Belan and NAYS-0 temporary Capitol leaves for Senator Dawida and Senator A majority of the Senators having voted "aye," the ques Musto. tion was determined in the affirmative. The PRESIDENT. Senator Loeper requests temporary Ordered, That the Secretary of the Senate present the sam Capitol leave for Senator Hess. Senator Stapleton requests to the House of Representatives for concurrence. 1990 LEGISLATIVE JOURNAL-SENATE 2575

SPECIAL ORDER OF BUSINESS Once again, Mr. President, we are here commemorating SENATE RESOLUTION and mourning the loss of not only a colleague but someone who was indeed an institution in this Senate. He was a prede­ HONORING THE MEMORY OF THE cessor and someone who, as a freshman legislator as I was HONORABLE MARTIN L. MURRAY, elected in 1974, I looked to for counsel and guidance. His FORMER PRESIDENT PRO TEMPORE door was always open. He always encouraged particularly the younger Members of the Senate to come to his office, sit Senator JUBELIRER, on behalf of himself and Senators down and talk and discuss things regardless of party affilia­ LOEPER, MELLOW, MUSTO and LEMMOND, offered tion, regardless of any differences he might have had with that the following resolution, which was read as follows: individual. Martin Murray truly was a giant among giants in In the Senate, November 12, 1990. his profession. It was hard to believe that, indeed, he was A RESOLUTION taken from us this summer. Like many of you, I attended the funeral of Martin L. Murray and had the opportunity to Whereas, Martin L. Murray, former President Pro Tempore of the Pennsylvania Senate, passed away on July 1, 1990; and express my condolences to his widow Catherine and their Whereas, Senator Murray was elected to the House of Repre­ family. It does not seem very long ago, Mr. President, that the sentatives in 1945 and served through 1946. He was elected to the quiet, distinguished, competent, dedicated, committed Martin Senate in 1956 where he served for the next twenty-six years Murray sat here among us as he assumed the duties of Presi­ except for the time spent as Director of the' Legislative Reference Bureau in 1965-66. First elected by his colleagues as President Pro dent pro tempore in a way that distinguished him, I believe, Tempore in 1971, he served successive terms through 1980, the from any other President pro tempore because indeed he was hallmark of his tenure in that office being the dignity he accorded someone who worked so well, not only behind the scenes but to every member, as well as, the respect he fostered for the Senate in his community, in his district and across the state as well. as an institution; and He was someone we all looked up to, someone we respected, Whereas, Senator Murray served on the executive committee of the Luzerne County Democratic Committee; as an officer of the someone we all wished we could have just been a little more Pennsylvania Democratic State Committee; and as a delegate to like, and even though I have had the honor to serve in the five Democratic National Conventions. His interest in education office that he served, I do say that I wish I could be a little was reflected by twenty-four years of service on the Board of more like him and learn, perhaps through a maturation Education in Ashley, his birthplace and lifelong home, and by process, the effectiveness that he has brought to the Senate, to membership on advisory boards for College Misericordia and Marywood College. In addition, he tirelessly devoted his time and his district and to his Commonwealth. I do not think there energy to church, business and community activities; now there­ was anybody who loved his party and who was more of a fore be it Democrat's Democrat than was our colleague Martin Murray. Resolved, That the Senate of the Commonwealth of Pennsyl­ He performed his duties as a party soldier, frankly, as well as vania notes with great sadness the passing of Martin L. Murray, anybody I have ever seen. As I said, he was a giant among dedicated governmental leader and community servant; extends condolences to his wife, Catherine Doyle Murray; his two giants. He loved his family; he loved his church; he loved his daughters; and his grandchildren; and be it further community and he served them all so well. I see him with his Resolved, That a copy of this document, sponsored by wife Catherine having dinner in the evening joined by many Senators Robert C. Jubelirer, F. Joseph Loeper, Robert J. colleagues who loved him, admired him and respected him. I Mellow, Raphael J. Musto and Charles D. Lemmond be trans­ see his influence on this Senate every day and it is not just a mitted to Mrs. Catherine Murray, 34 Mary Street, Ashley, Penn­ sylvania. picture, but it is the quiet genteel way that he had of making us all feel just a little bit special. The PRESIDENT pro tempore asked and obtained unani­ Although the funeral is over and the time has passed since mous consent for the immediate consideration of this resolu­ Marty has died since this last July, his memory will always be tion. carried by me. His spirit will always be throughout this Body On the question, because he gave so much to it and, frankly, his immortality is Will the Senate adopt the resolution'? guaranteed because of the special way in which he served each and every one of us and those who preceded us in this institu­ RESOLUTION ADOPTED tion. To think that one could serve as long as he did and leave The PRESIDENT pro tempore. Mr. President, I move that without an enemy is certainly a rare quality to have in the era the Senate do adopt this resolution. that we go through right now. On the question, In a way I am kind of glad, Mr. President, that he was not Will the Senate agree to the motion'? around to see the kind of campaigns that were prevalent in Pennsylvania in this election year. I think, frankly, he would The PRESIDENT pro tempore. Mr. President, not many have regurgitated because I think, Mr. President, Marty months ago, I took the floor of the Senate and said that Penn­ Murray was elected on the positive things he did and the out­ sylvania had lost one of its great political leaders and that par­ standing service he gave to his community and to his district ticular leader did indeed belong in a Legislators hall of fame if and not necessarily by running the 30-second negative spot. such an institution would have existed. That, of course, was the former Speaker of the House, James J. Manderino. 2576 LEGISLATIVE JOURNAL-SENATE NOVEMBER 12,

So, Mr. President, I am indeed honored to offer this memo-­ Senator MELLOW. Mr. President, I think so far the dis­ rial resolution of condolence for a colleague who has earned cussion with regard to the memory of Senator Murray has his rest, for a colleague who has served well, for a colleague been a rather serious discussion, but I think there are a lot of who gave to his state, his community, who loved his family things we could talk about over the years when I had the and his church and his party and who will be remembered as opportunity of serving with Marty Murray that were not only one of the finest people and one of the greatest leaders to ever serious but also were extremely humorous. I can remember serve the Senate of Pennsylvania. He, too, if there were such when I first became a Member of this Body, Senator Murray an institution, would belong in a Legislators hall of fame. kept telling me that by far this was the greatest political Body There is no doubt about it, he would be in on the first ballot. and the greatest governing Body that anyone could ever be Senator STAPLETON. Mr. President, those of us who elected to, and because of that I should be very happy and be were privileged to know and work with Martin L. Murray very proud of the fact that I had been elected to serve in this knew a real gentleman. His impeccable dress, his stately particular Body. I can also recall very vividly, Mr. President, manner and warm smile were always present along with his about some of the days that we would sit on this floor and we customary greeting of "Senator, how are you?" would debate legislation; a roll call would be taken and we As pro tempore he treated both sides of the aisle with would find that one of our Members-and I am not really dignity and fairness. He had the innate ability to think prob­ going to mention who the Member was-would run off the lems through and assist others to do so, resulting in compro­ floor of this Senate prior to a vote, and that particular indi­ mise on very tough issues. vidual, who is no longer a Member of the Senate, would then He was a devoted husband, father and Senator to his con­ take the back stairwell down into the library and would hide stituents. He worked diligently for the good of all Pennsyl­ so Senator Murray, in fact, could not find him. If you remem­ vanians. I know he was an inspiration to me and to many ber, the individual would go out this door and probably three Members of this Senate, instiUing us with compassion and seconds later Senator Murray, who sat where the gentleman common sense to address issues concerning the welfare of the from Indiana, Senator Stapleton, is sitting, immediately people of this Commonwealth. would get up from behind his desk and he would foUow the Mr. President, it is a great Joss to this Body and certainly to fellow out, and by the time he got to where the entrance is, all Pennsylvanians. where you take the stairway down to the library, he no longer Senator LOEPER. Mr. President, I also would just like to could find the fellow. He would come back and he would kind add my condolences to the Murray family, and I think that, as of huff and puff because it happened to be that that was a has been said by the previous speakers today, all of us who particular vote that Marty needed to make sure a bill that he had the opportunity to serve with Martin Murray realized was very much interested in would get passed. what a wonderful person he was. I can remember Marty would philosophize with me because I recall when I came to this Chamber in 1978 that Senator when I first came to the Senate I was elected at that ripe old Murray was then the President pro tempore and, like Senator age of 27, and sometimes when you are that young your fuse Jubelirer had indicated, welcomed me here. You know, it is a is not as long as it is when you begin to grow a little bit older. very intimidating experience, I think, when you are first Marty used to tell me, you have to remember something, Bob, elected to office and you come to this Chamber and you come every day in this job is a new day, and you do not go ahead to Harrisbµrg and you really are making a whole new set of and you do not let bother you what took place yesterday and friends, and to find a friendly hand that will reach out to you carry it over to the next day. He, furthermore, would tell me, .and extend itself to you, and I can recall how he said, please, you know, you have two ears and one mouth, and if you use anytime, come visit my office. My door is always open. If them that way you probably will not get yourself in trouble as there are any questions, anything we can help you with-he much as you would if you did not use them that way, and I always had time for people. He was never too busy and his have always tried to remember those couple of things. door was always open. I think that certainly is a hallmark of I think the one thing that some of us should try to reflect Martin Murray in his tenure as President pro tempore. I can upon with Marty probably has to be Marty's Bar and Grill remember many times on this floor when there would be a dif­ downstairs on the first floor because when Marty first became ficult issue, particularly when maybe all the Members of the the President pro tempore of the Senate, he did not displace other side of the aisle would not be able to step in unison with the previous pro tempore of the Senate, if you recall, and he a particular position, and eventually it was always Marty maintained his office down on the first floor. He had, which I Murray who ended up having a conversation with those indi• kind of enjoyed as did a number of my colleagues on both viduals, when it was necessary, in order to convince them of a sides of the aisle, after a certain hour, what was called Marty's particular view or particular position and to do it with great Bar and Grill, where you could go in and you could enjoy vim, vigor and decorum as well. I think that certainly serves as some conversation, a little bit of libation and, obviously, a a reminder of what a gentleman Martin Murray was, whether snack to eat. You could always find, in that particular office it be in his role in his caucus or as the .President pro tempore on that evening, fellows like Duke Kaminski. I think the first of this Senate, and certainly as a man who served this Com­ exposure I had to Duke Kaminski happened to be downstairs monwealth well, respected by all of us in this Chamber and he in Marty's Bar and Grill. How can we forget the times that will be sadly misse

Murray had the distinguished looks, demeanor and man­ Marty, we did not get the chance to say it then because you nerisms of a strong Senate President pro tempore, inside that did not want any kind of public display, but we want you to impressive and stately demeanor was an emotional man with a know that the love you gave to this Senate and to each of us heart as big as Pennsylvania. Senator Murray, or Marty as he was much appreciated, is returned and will be rewarded. I was known in his district and down here, was one of a van­ hope that we can memorialize Senator Martin L. Murray by ishing breed of professional and effective politicians who was dedicating a public meeting room in this Capitol as a lasting more interested in getting things done for the people of Penn­ reminder of one of this Senate's most dedicated, sensitive and sylvania than in getting media exposure. Quietly, selflessly, effective leaders. Mr. President, I do not know if they have behind the scenes Marty was the man governors, senators and any arguments or political battles in heaven, but if they do, I the average person turned to when they needed help. Drawing am sure that God can call on Senator Martin L. Murray to his strength and character from his humble background and work it out and get the problem solved. strong family and religious ties, Martin L. Murray had his pri­ Senator FUMO. Mr. President, I share happy memories of orities straight. He knew the importance of values-moral Senator Murray. I first met him when I was in college and values, family values, institutional values-and he fought for came up to Harrisburg to see what this Capitol was about and what he knew was right regardless of the political conse­ ran into him when I was looking for my Senator who was not quences. He guided the ship of state here in the Senate here, and then, even though I was a nobody from Philadel­ through very stormy times in the aftermath of investigations, phia, he spent hours with me and my friend taking us around indictments, prosecutions and convictions. So often he the Senate, telling us about the Capitol and telling us about battled intensely and effectively for a· good cause but then let government, which was really quite extraordinary for a other younger Members of the Senate take credit for the Senator to do, and I doubt very much that we would be doing success. Marty Murray felt good when he helped make that now if two college kids happened to wander in here. Then someone else feel good or look important. I remember when I got elected years later. I do not think Senator Murray was a family man and a religious man. anyone entered this Senate with the fanfare that I did, with Whenever you saw Marty at the Maverick or anywhere else, newspapers and TV cameras waiting for me at the door Catherine was by his side. As a matter of fact, after because of a controversy on the day I got here. I remember Catherine's medical setbacks, much of Marty's strength Marty Murray calling me up about a certain Senator who was seemed to suffer as well. I am told that his happiest days causing me some of that pain and making sure that I knew, towards the end of his life were spent with his family, his chil­ because Marty was an Irish-Catholic to the end, that although dren and grandchild who I am sure gave him less trouble than that gentleman's name sounded Irish, he really was not Irish, some Senators had. It was evident from Father Mulroney's and I should understand that. Then I remember coming here homily at the funeral mass that Marty practiced his faith and and sitting here for my first budget in June-and it was a always was there to help his church and the needy people of Shapp budget-and I remember a Member who is no longer his area. He practiced what he preached every day of his life. here-and we were in the Majority then and had the responsi­ A professional politician in the best sense of the word, Marty bility of passing that-who got up on the floor and gave an realized the importance of bringing people together and of absolutely unbelievable harangue against Governor Shapp building alliances to get the job done . .What the media unfor­ and his proposals. Then we took the vote and we were one tunately referred to as Marty's Bar and Grill, I preferred to vote short. I watched Senator Murray go over to the individ­ view it as a rectory or confessional where Father Confessor ual, compliment him on the wonderful speech he had just Marty would hear Senators' problems and give guidance as to given for about 40 minutes and remind him that he never said how to solve those problems. You always felt welcome there, he would not vote for the budget. I remember the gentleman whether Democrat or Republican, regardless of the kind of then saying, "Well, can I do it tomorrow, please?" Then they problem you wanted to discuss or how you had voted. I will whispered something and I did not know what was happen­ never forget my first meeting there and the greeting, "How ing. The next thing I know that Senator got up and changed are ya," after I had beaten one of his Senators in the Demo­ his vote and we passed the budget. cratic Primary of 1972. Marty welcomed me to the Senate and Then I remember coming back here after that election. It gave me fatherly direction and advice which continued. for was in February and we had just reorganized committees. I many years until he retired in 1982. I am sure that the same was a hot shot and I was on the Committee on Public Health can be said by many other Members of this Senate. and Welfare, I believe it was, and I had given the chairman a Senator Murray loved this Senate, and next to his family particularly difficult day at my first committee meeting over and his church, it was the most important thing in his life. the confirmation of a Secretary of Health. It was a When he left here he wanted to slip away quietly without any horrendous day. I would not let them use proxies, and there fanfare, knowing full well that he probably would have had to was a large audience and I was at my best. Later that after­ shed the same kind of emotional tears he shed at Tom Lamb's noon I got a call from Marty Murray to come down to his retirement or when he was renominated as President pro office and see him and some leadership there, and he "con­ tempore for the last time ten years ago this very month. vinced me'' that perhaps I should resign from that committee, and after I said okay, being the effective person he was, he 1990 LEGISLATIVE JOURNAL-SENATE 2579 ago, to this date, I gave me a pad of paper and a pencil so I would write it right Senator LEWIS. Mr. President, 16 years this Chamber and visit­ there, lest I changed my mind by the time I got back to the can recall as a Senator-elect coming to with him alongside the office. That was the kind of leader Marty Murray was. He ing with Senator Murray and standing of the historical signifi­ was effective, quiet, gentle, firm, but always dedicated, and I podium as he explained to me some prepare me for the per­ miss him dearly. He was like a father to me, as he was to so cance of this Body and attempted to I arrived. As I have many of us. To his family I offer my condolences and tell sonal experiences that I would have once I, too, found myself them what they already know, that never was there a more listened to the preceding speakers, realizing the strengths quiet, gentle, effective and compassionate leader in this sharing the recollections of the events, that were so continu­ Senate. and the character and the circumstances a constructive and Senator AFFLERBACH. Mr. President, it occurred to me ously displayed by Marty Murray in such upon me and my life, when I received the notice that we would be doing this testi­ positive way. Yes, he had an impact by a few of these mony today that I could place into the record a perspective which was much the same as that described a father figure. that perhaps no other Member of the Body could, and that speakers when they referred to him as being did with so many was Senator Murray's relationship with the staff of this He certainly took me under his wing as he impact upon this Senate. I first met Senator Murray in December of 1970 when others. It seems to me that aside from his be here in that I arrived in Harrisburg as the young, top aide to a newly institution and the legacy which will always of us can give to elected Senator Messinger from Lehigh County, a Senator regard, probably the greatest testimony any forget the lessons whom no one expected to win and just happened to be the Marty Murray and who he was, is to never of the way in 26th vote for the Democrats to organize this Body. Senator that we learned from him, to always be mindful us who came into Murray was anxious to meet this young man who had engi­ which he shaped the character of those of with us now, to neered that victory to oust the incumbent Majority Whip and contact with him, and even though he is not in public service come down here and be the 26th Senator, so he asked us out remember as we continue through our careers that we can to dinner that evening in December and wanted me to sit that there is a model and there is an example to the memory directly beside him so he could talk to me a little bit. Some follow, and when times get tough, we can look us and know that things I found almost immediately evident were, one, that that we have of the way this man impacted thing, is the lesson Senator Murray had a great deal of respect for everybody, not choosing the right course, doing the right can give to the only the Senators but also the staff who served them, and he and the greatest legacy and testament we never commanded you to do anything and he never ordered impact of this man on all of us. Senate of Pennsyl­ you to do anything. He might say, we have to get this done Senator SCANLON. Mr. President, the Members-men and and we need to get it done, and then he would look at you and vania has been blessed with many fine there is a very special say, can you do it, can you help me with that, can you come women. Among them all, however, Murray. He always up with a way that we can do this? That was the way he niche reserved for my dear friend Marty tempore. He was acces­ worked with staff in this building in all the years I knew him prided himself in being everyone's pro of his own political here from 1970 onward. sible to all Members and not only to those Romanelli, on his One of the most valuable pieces of political information he party. As a matter of fact, the late Senator I am going up to see Father ever gave me as a team captain, as an educator, in his own way to Marty's office, would say, is how dear he was to a lot way, was something alluded to earlier by the gentleman from Murray and go to confession. That He would be Lackawanna, Senator Mellow, and it was that very same night of us. But his greatest virtue was his humility. today by all in December as we were sitting at dinner and he said, you are embarrassed by praise. He would be embarrassed on his last day going to enjoy it down here. You are going to have a lot of of these remarks. In fact, he left this Chamber have been fun, and you are going to find out that in many ways it is without saying a formal farewell because he would stand to show any much like the military. You get your armies together and you embarrassed and ill at ease. He could not so. On St. plan your strategy and you plan your tactics and you go out emotion. But was he emotional? I should say Bay or Mother on the floor and you wage a friendly war with one another, Patrick's Day when I would sing Galway He was so and, he said, that is the key difference. It is a fri~ndly war, Machree or Danny Boy, he would actually weep. keep a dry because the very next morning all the troops are resurrected, sensitive, kind, warm and gentle that he could not so you never go for the jugular, you never try to finish some­ eye during the singing of a simple Irish song. some very body because you cannot do it. They are coming back the next Marty was strong. He guided this Senate through the very day, and this is probably the only business in the world where stormy times. He was a steadying influence when He guided us all that continues to happen time after time. I think that foundations of this Senate were trembling. He deserves embodied the entire Murray philosophy. As the gentleman through a heavy sea with a firm and kind hand. from Blair, Senator Jubelirer, said, it explains why Marty our thanks for that alone. my thanks for Murray was able to leave here, after so many years, without To Catherine and the rest of his family I give in Harrisburg an enemy in this building. the sacrifices they made while Marty was here for so many years. May he rest in peace. The PRESIDENT (Lieutenant Governor Mark S. Singel) in _ tbeCbalr. 2580 LEGISLATIVE JOURNAL-SENATE NOVEMBER 12,

Senator LINCOLN. Mr. President, I will be privileged to If we follow the example Martin Murray set by devoting his do two things today. One, the gentleman from Luzerne, entire life to his God, his family and to the constituency of Senator Musto, had committed himself to a Veterans Day this Commonwealth, Pennsylvania will be a much better place speaking engagement and I am going to be reading remarks in which to live. for him into the record relative to Senator Murray. One might say Martin Murray was a legacy. He himself was I would also like to say that the quick exit from the.Com­ wrapped in tradition and he himself created history. mittee on Public Health and Welfare by the gentleman from That is the memory of the man I wish to carry from this Philadelphia, Senator Furno, in 1979, I was joined in that Chamber. effort and I never really got the opportunity even to sit down Thank you, Mr. President. and sign a resignation. Senator Furno informed me that we Senator STOUT. Mr. President, we gather together today were on a different committee after he left Senator Murray's to honor and remember one of our own. Hearing the other office. He was a rather decisive person, too. I cannot, to be speakers talk about their relationship with Martin L. Murray, honest with you, remember what I did other than maybe sit I came here in a special election in May of 1977, having come beside Senator Furno at that meeting. over from the House. My party at that time had a majority of, (The following prepared statement was made a part of the I think, 30 or 32 votes here. The floor leadership at that time record at the request of the gentleman from Fayette, Senator advised me when I was running for that Senate seat to take a LINCOLN, for the gentleman from Luzerne, Senator no tax budget posture and to not support any taxes. I did that, MUSTO:) and then we fell into the budget debacle of the summer of Mr. President, it gives me great pleasure to offer a few 1977. I got to know Senator Murray as he wanted to work words of appreciation for my former State Senator and with me and give me advice and counsel, and so forth. I was in mentor, MartinL. Murray. a very difficult position. I never forgot how Marty worked to The purpose of these remembrances is to review the try to keep that caucus together over that summer. Other memory of the impact on our lives of one whose journey has Members have alluded to Marty's Bar and Grill where he tried preceded ours. We are reminded here today of what that to bring people together and work things out. In fact, I journey has left behind. remember the time when he took us out of town on several I was privileged to succeed into office such a distinguished occasions to get us out of the spotlight of Harrisburg eateries gentleman and former leader of this Body. Whom may I add, and how he tried to do that. After we could not meet tpe June served as President pro tempore an unprecedented ten years. 30th deadline and passed a series of stopgap budgets-I Yes, Marty Murray was the President pro tempore of this remember it was finally on August 10; 1977 when I came to honorable Body, he also served on countless authorities and the decision to support the budget, and ultimately the tax boards. But, first and foremost I knew him as a loyal Luzerne package, which turned out to be the 26th vote here in this Countian. He loved the people; was delighted by their accom­ Body-I went in to discuss it with Senator Murray and I told plishments and worked hard to diminish their struggles. The him that I had come to the decision that I would support our quality of Jife was vitally important to the good Senator. No position and supply the 26th vote. I remember Marty putting problem was ever too trivial that it didn't warrant a good dis­ his head down in his hands and actually weeping, that finally cussion and a logical resolution. One newspaper columnist we got this thing passed on the 10th of August and got that portrayed Senator Murray as a "political bridge builder." I budget through. Over the years I always enjoyed his advice can heartily support that theory. In every political body or and counsel. In fact, those of us who served with him, we talk political organization there's a bridge builder. It's a political about the other things we remember Senator Murray for, but necessity, a way of life. There has to be one person with the how about the Murray massage, when he would slide up ability and the desire to persuade his colleagues to sit down beside you and always put his hand on the back of your neck and, as Lyndon Johnson used to say, "reason together." or shoulder and give you that Murray massage, how are you Every issue of concern to me in my capacity as State Repre­ doing, and so forth. I have very fond memories of Senator sentative, Senator Murray was there to assist. Murray. Indeed, he was a great influence on me in the oppor­ I know that he was a fair person, one who was up front at tunity I have had to serve here in the Senate. I know his love all times, a man who let you know from the very beginning for this Body was second only to his love for his wife and where he stood and why he stood there. family, so in the way I want to remember Senator Murray, he Mr. President, as I see it, politics isn't about legislation or was really a Senator's Senator. resolutions or programs or policies. Politics, Mr. President, is Senator ANDREZESKI. Mr. President, I came to about people. Harrisburg in 1980 and I came here by beating an incumbent I am gratified that the Senator's confidence and encour­ State Senator, and I beat one of Senator Murray's boys, so to agement went with me throughout my initial quest to repre­ speak. When I got to Harrisburg, I even had to stop and ask sent the constituents of the Fourteenth Senatorial District in directions on the way here in 1980. I met a lot of people but I the State Senate. do not think I met anyone more gracious than Senator I hope that, as a State Senator, I never forget about those I Murray. He invited me in. He welcomed me. He made me feel represent-the people of my district, the people of Pennsyl­ at home. I think what we have here in this memorialization vania. I don't believe Martin Murray ever did. 1990 LEGISLATIVE JOURNAL-SENATE 2581 service is a compilation of the different ways he made you feel ings during today's Session: The Committee on Rules and at home in the Senate of Pennsylvania. Truly, if anyone had a Executive Nominations to consider certain nominations, the place where he made an impact not only on the legislation and Committee on Law and Justice to consider House Bill No. 618 the direction of government but on people's lives, it was here and the Committee on Appropriations to consider Senate Bill in the Senate of Pennsylvania where Senator Murray was at No. 1112 and House Bills No. 2191, 2199 and 2556. his best. Several references have been made to Marty's Bar and Grill and to the fact that after Session people would go LEGISLATIVE LEAVES there, and after Senator Murray retired I know other people had tried to make a continuation of that effort and have not Senator MELLOW. Mr. President, I would like Senator been extremely successful, and I think the ingredient was Fattah on legislative leave and Senator Regoli on temporary Senator Murray's friendliness. I think it was the fact that he Capitol leave. cared and he really showed you he cared and he wanted you to The PRESIDENT. Senator Mellow asks legislative leave take part in just relaxing and talking about what went on for Senator Fattah and a temporary Capitol leave for Senator during the day that made it work. Regoli. The Chair hears no objection. Those leaves will be In the years since he has retired, we have all gotten on the granted. treadmill a little faster. We all work a little harder. We all become a little more involved and I think, perhaps, when we RECESS look back upon that, one of the aspects that is missing for us as a Body is the fact that we do not have that camaraderie that Senator LOEPER. Mr. President, at this time I would ask we once had. We all seem to be running on treadmills. We all for a recess of the Senate for the purpose of a Republican seem to be very busy, and perhaps as we memorialize Senator caucus to be held immediately in the Majority caucus room on Murray and all the people talk about the things we remember the first floor, with an expectation of returning at approxi­ about him and what he did and the things he said, we will all mately 4:45 p.m. collectively remember that one of the ingredients was that S.enator MELLOW. Mr. President, I also call for a Demo­ comradeship that we all had and hopefully from these memo­ crat caucus. rializations maybe some of us can get back to a bipartisan The PRESIDENT. For purposes of Republican and Demo­ degree of comradeship in dealing with each other, not just on cratic caucuses to begin immediately, the Senate will stand in a political level but also, perhaps more importantly, on a recess. social level when that occasion comes up. So, to Marty I say, I miss you, Marty. You were so AFTER RECESS gracious. You were so kind. You were the best I have seen at the helm. You were the nicest I met when I came here. The PRESIDENT pro tempore (Robert C • .JubeUrer) in the The PRESIDENT. The Chair thanks al! the previous speak­ Chair. ers and without objection would like to add simply one final The PRESIDENT pro tempore. The time of recess having anecdote. elapsed, the Senate will be in order. When I first arrived here I was in the homey atmosphere of his office known affectionately as Marty's Bar and Grill. It LEGISLATIVE LEAVES was shortly after I was sworn in as a State Senator in 1981 and Senator Marty Murray leaned over to me and said, son, you Senator BRIGHTBILL. Mr. President, I would ask for a are now a Pennsylvania State Senator. Avoid restaurants that Capitol leave for Senator Madigan. do not use tablecloths. I think that spoke volumes about his The PRESIDENT pro tempore. Senator Brightbill has own sense of style and his very deep reverence for the institu­ requested a Capitol leave for Senator Madigan. The Chair tion of the Pennsylvania Senate. hears no objection. That leave will be granted. Would all of the Members of the Senate in favor of the res­ Senator MELLOW. Mr. President, I request Capitol leave olution please join me in standing for a moment of silence on for Senator Lynch. behalf of Martin L. Murray. The PRESIDENT pro tempore. Senator Mellow requests (Whereupon, the Senate en bane stood in a moment of Capitol leave for Senator Lynch. The Chair hears no objec­ silence in solemn respect to the memory of the Honorable tion. That leave will be granted. MARTIN L. MURRAY.) The PRESIDENT. The resolution is adopted. REPORT FROM COMMITTEE ON RULES AND EXECUTIVE NOMINATIONS SPECIAL ORDER OF BUSINESS Senator WILT, by unanimous consent, from the Commit­ ANNOUNCEMENTS BY THE SECRETARY tee on Rules and Executive Nominations, reported the follow­ ing nominations, made by His Excellency, the Governor of The SECRETARY. The Majority and Minority Leaders the Commonwealth, which were read by the Clerk as follows: have given their permission for the following committee meet- 2582 LEGISLATIVE JOURNAL-SENATE NOVEMBER 12,

MEMBER OF THE STATE BOARD MEMBER OF THE BOARD OF TRUSTEES OF OF CHIROPRACTIC EASTERN STATE SCHOOL AND HOSPITAL June 18, 1990. June II, 1990. To the Honorable, the Senate of the Commonwealth of To the Honorable, the Senate of the Commonwealth of Pennsylvania: Pennsylvania: In conformity with law, I have the honor hereby to nominate In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Mark A. Abbott, D.C., for the advice and consent of the Senate, William F. Reardon, 407 Foster Street, Greensburg 1560 I, Westmoreland County, 747 Tyson Avenue, Glenside 19038, Montgomery County, Thirty-ninth Senatorial District, for appointment as a member of Twelfth Senatorial District, for reappointment as a member of the State Board of Chiropractic, to serve for a term of four years the Board of Trustees of Eastern State School and Hospital, to or until his successor is appointed and qualified, but not longer serve until the third Tuesday of January, 1995, and until his suc­ than six months beyond that period, vice Louis P. Latimer, D.C., cessor is appointed and qualified. Carbondale, whose term expired. ROBERT P. CASEY. ROBERT P. CASEY. MEMBER OF THE COUNCIL OF TRUSTEES MEMBER OF THE PENNSYLVANIA CANCER OF EDINBORO UNIVERSITY OF CONTROL, PREVENTION AND RESEARCH PENNSYLVANIA OF THE STATE SYSTEM ADVISORY BOARD OF HIGHER EDUCATION August 16, 1990. September 5, 1990. To the Honorable, the Senate of the Commonwealth of To the Honorable, the Senate of the Commonwealth of Pennsylvania: Pennsylvania: In conformity with law, I have the honor hereby to nominate In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, William J. Heim, M.D., for the advice and consent of the Senate, Edwin D. Dombrowski, 1139 Country Club Road, Clarks Summit 18411, Lackawanna 825 East 43rd Street, Erie 16504, Erie County, Forty-ninth Sena­ County, Twenty-second Senatorial District, for appointment as a torial District, for appointment as a member of the Council of member of the Pennsylvania Cancer Control, Prevention and Trustees of Edinboro University of Pennsylvania of the State Research Advisory Board, to serve for a term of four years, and System of Higher Education, to serve until the third Tuesday of until his successor is appointed and qualified, vice Harold A. January, 1991, and until his successor is appointed and qualified, Harvey, M.D., Hummelstown, whose term expired. vice Jan K. Brydon, M.D., Erie.• resigned. ROBERT P. CASEY. ROBERT P. CASEY. MEMBER OF THE STATE BOARD MEMBER OF THE COUNCIL OF TRUSTEES OF COSMETOLOGY OF EDINBORO UNIVERSITY OF June 26, 1990. PENNSYLVANIA OF THE STATE SYSTEM OF HIGHER EDUCATION To the Honorable, the Senate of the Commonwealth of Pennsylvania: October 26, 1990. In conformity with law, I have the honor hereby to nominate To the Honorable, the. Senate of the Commonwealth of for the advice and consent of the Senate, Helen Rizak Gaskey Pennsylvania: (Public Member), R. D. #1, Box 164, Daisytown 15427, Washing­ ton County, Forty-sixth Senatorial District, for appointment as a In conformity with law, I have the honor hereby to nominate member of the State Board of Cosmetology, to serve until March for the advice and consent of the Senate, Robert James Kusse, 14, 1992 and until her successor is appointed and qualified, but 390 Follett Run Road, Warren 16365, Warren County, Twenty­ not longer than six months beyond that period, vice Lisa Smith, fifth Senatorial District, for appointment as a member of the Hanover, resigned. Council of Trustees of Edinboro University of Pennsylvania of the State System of Higher Education, to serve until the third ROBERT P. CASEY. Tuesday of January, 1995, and until his successor is appointed MEMBER OF THE BOARD OF TRUSTEES OF and qualified, vice William C. Schulz, Edinboro, whose term EASTERN STATE SCHOOL AND HOSPITAL expired. ROBERT P. CASEY. June 11, 1990. MEMBER OF THE ST ATE BOARD To the Honorable, the Senate of the Commonwealth of OF FUNERAL DIRECTORS Pennsylvania: In conformity with law, I have the honor hereby to nominate September 20, 1990. for the advice and consent of the Senate, Joseph S. Cymbor, 2748 To the Honorable, the Senate of the Commonwealth of Arrowhead Drive, Langhorne 19047, Bucks County, Sixth Sena­ Pennsylvania: torial District, for appointment as a member of the Board of Trustees of Eastern State School and Hospital, to serve until the third Tuesday of January, 1995, and until his successor is appointed and qualified, vice Charles Seeb, New Hope, whose term expired. ROBERT P. CASEY. 1990 LEGISLATIVE JOURNAL-SENATE 2583

In conformity with law, I have the honor hereby to nominate In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, The Reverend Doctor for the advice and consent of the Senate, Dr. Marvin Wachman, Horace S. Sills (Public Member), 408 Park Terrace, Harrisburg 603 West Mermaid Lane, Philadelphia 19118, Philadelphia 17111, Dauphin County, Fifteenth Senatorial District, for reap­ County, Fourth Senatorial District, for reappointment as a pointment as a member of the State Board of Funeral Directors, member of the Board of Directors of the Pennsylvania Higher to serve for a term of five years and until his successor is Education Assistance Agency, to serve until June 30, 1993, and appointed and qualified, but not longer than six months beyond until his successor is appointed and qualified. that period. ROBERT P. CASEY. ROBERT P. CASEY. MEMBER OF THE STATE BOARD MEMBER OF THE HEAL TH CARE OF MEDICINE POLICY BOARD July 25, 1990. September 19, 1990. To the Honorable, the Senate of the Commonwealth of To the Honorable, the Senate of the Commonwealth of Pennsylvania: Pennsylvania: In conformity with law, I have the honor hereby to nominate In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Ernest L. Abernathy, for the advice and consent of the Senate, Ethel V. Hinkel, 717 M.D., 1086 North Main Street, Washington 15301, Washington Bloom Road, Danville 17821, Montour County, Twenty-seventh County, Forty-sixth Senatorial District, for appointment as a Senatorial District, for appointment as a member of the Health member of the State Board of Medicine, to serve for a term of Care Policy Board, to serve until January 8, 1994, and until her four years or until his successor is appointed and qualified, but successor is appointed and qualified, vice William A. Gannon, not longer than six months beyond that period, vice Joseph T. Wyalusing, whose term expired. Marconis, M.D., Pottsville, whose term expired. ROBERT P. CASEY. ROBERT P. CASEY. MEMBER OF THE HEALTH CARE MEMBER OF THE STATE BOARD POLICY BOARD OF OPTOMETRY July 25, 1990. August 9, 1990. To the Honorable, the Senate of the Commonwealth of To the Honorable, the Senate of the Commonwealth of Pennsylvania: Pennsylvania: In conformity with law, I have the honor hereby to nominate In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Charles M. Seeb, 332 for the advice and consent of the Senate, Robert A. Ginsburg, South Sugan Road, New Hope 18938, Bucks County, Tenth Sen­ O.D., 112 North Chester Avenue, Hatboro 19040, Montgomery atorial District, for appointment as a member of the Health Care County, Twelfth Senatorial District, for appointment as a Policy Board, to serve until March 11, 1993 and until his succes­ member of the State Board of Optometry, to serve for a term of sor is appointed and qualified, vice Ethel V. Hinkel, Danville, four years and until his successor is appointed and qualified, but whose term expired. not longer than six months beyond that period, vice Benson ROBERT P. CASEY. Olenick, O.D., Easton, whose term expired. MEMBER OF THE BOARD OF DIRECTORS ROBERT P. CASEY. OF THE PENNSYLVANIA HIGHER MEMBER OF THE ST ATE BOARD EDUCATION ASSISTANCE AGENCY OF OPTOMETRY October 3, 1990. September 26, 1990. To the Honorable, the Senate of the Commonwealth of To the Honorable, the Senate of the Commonwealth of Pennsylvania: Pennsylvania: In conformity with law, I have the honor hereby to nominate In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Edna B. McKenzie, for the advice and consent of the Senate, Francis R. Grady Ph.D., 7926 Chaske Street, Verona 25247, Allegheny County, (Public Member), 815 Mandy Lane, Camp Hill 17011, Cum­ Forty-fourth Senatorial District, for reappointment as a member berland County, Thirty-first Senatorial District, for appointment of the Board of Directors of the Pennsylvania Higher Education as a member of the State Board of Optometry, to serve until June Assistance Agency, to serve until June 30, 1995, and until her suc­ 24, 1991 and until his successor is appointed and qualified, but cessor is appointed and qualified. not longer than six months beyond that period, vice L. Ansel Cooley, Centre Hall, resigned. ROBERT P. CASEY. ROBERT P. CASEY. MEMBER OF THE BOARD OF DIRECTORS OF THE PENNSYLVANIA HIGHER MEMBER OF THE BOARD OF TRUSTEES EDUCATION ASSISTANCE AGENCY OF THADDEUS STEVENS STATE SCHOOL OF TECHNOLOGY October 3, 1990. October 10, 1990. To the Honorable, the Senate of the Commonwealth of Pennsylvania: To the Honorable, the Senate of the Commonwealth of Pennsylvania: 2584 LEGISLATIVE JOURNAL-SENATE NOVEMBER 12,

In conformity with law, I have the honor hereby to nominate To the Honorable, the Senate of the Commonwealth of for the advice and consent of the Senate, Carole J. Hale, 2159 Pennsylvania: Hollinger Road, Lancaster 17602, Lancaster County, Thirteenth In conformity with Jaw, I have the honor hereby to nominate Senatorial District, for appointment as a member of the Board of for the advice and consent of the Senate, Robert A. Wolf, 341 TrJJstees of Thaddeus Stevens State School of Technology, to Sarsen Drive, Lititz 17543, Lancaster County, Thirteenth Senato­ serve until the third Tuesday of January, 1993, and until her suc­ rial District, for appointment as a member of the Board of Trust­ cessor is appointed and qualified, vice Edward J. Conrad, ees of Thaddeus Stevens State School of Technology, to serve Shenandoah, whose term expired. until the third Tuesday of January, 1993, and until his successor ROBERT P. CASEY. is appointed and qualified, vice Kenneth W. Whitney, Lancaster, MEMBER OF THE BOARD OF TRUSTEES whose term expired. OF THADDEUS STEVENS STATE ROBERT P. CASEY. SCHOOL OF TECHNOLOGY MEMBER OF THE BRADFORD COUNTY October IO, 1990. BOARD OF ASSISTANCE To the Honorable, the Senate of the Commonwealth of September 12, 1990. Pennsylvania: To the Honorable, the Senate of the Commonwealth of In conformity with law, I have the honor hereby to nominate Pennsylvania: for the advice and consent of the Senate, Keith A. Lauderbach, In conformity with law, I have the honor hereby to nominate D.Ed., R. D. 6, Box 243, Manheim 17545, Lancaster County, for the advice and consent of the Senate, Cheryl Smith (Demo­ Thirteenth Senatorial District, for reappointment as a member of crat), 626 Second Street, Towanda 18848, Bradford County, the Board of Trustees of Thaddeus Stevens State School of Tech­ Twenty-third Senatorial District, for appointment as a .member nology, to serve until the third Tuesday of January, 1995, and of the Bradford County Board of Assistance, to serve until until his successor is appointed and qualified. December 31, 1992, and until her successor is appointed and ROBERT P. CASEY. qualified, to add to complement. MEMBER OF THE BOARD OF TRUSTEES ROBERT P. CASEY. OF THADDEUS STEVENS STATE MEMBER OF THE BRADFORD COUNTY SCHOOL OF TECHNOLOGY BOARD OF ASSISTANCE October IO, 1990. October 12, 1990. To the Honorable, the Senate of the Commonwealth of To the Honorable, the Senate of the Commonwealth of Pennsylvania: Pennsylvania: In conformity with law, I have the honor hereby to nominate In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Minor William for the advice and consent of the Senate, Eunice R. Kier (Repub­ Redmond, Jr., 135 Pickwick Place, Millersville 17551, Lancaster lican), R. D. 1, Box 245, Monroeton 18832, Bradford County, County, Thirteenth Senatorial District, for appointment as a Twenty-third Senatorial District, for appointment as a member member of the Board of Trustees of Thaddeus Stevens State of the Bradford County Board of Assistance, to serve until School of Technology, to serve until the third Tuesday of December 31, 1991, and until her successor is appointed and January,.1995, and until his successor is appointed and qualified, qualified, vice Edward B. Woodruff, Sayre, whose term expired. vice Francis C. Musso, Lancaster, whose term expired. ROBERT P. CASEY. ROBERT P. CASEY. MEMBER OF THE CRAWFORD COUNTY MEMBER OF THE BOARD OF TRUSTEES BOARD OF ASSISTANCE OF THADDEUS STEVENS STATE September 6, 1990. SCHOOL OF TECHNOLOGY To the Honorable, the Senate of the Commonwealth of October IO, 1990. Pennsylvania: To the Honorable, the Senate of the Commonwealth of In conformity with law, I have the honor hereby to nominate Pennsylvania: for the advice and consent of the Senate, Frederick Wagner In conformity with law, I have the honor hereby to nominate (Republican), R. D. 6, Meadville 16335, Crawford County, Fif­ for the advice and consent of the Senate, H. Byron Showers, tieth Senatorial District, for appointment as a member of the Ed.D., 1432 Mission Road, Lancaster 17601, Lancaster County, Crawford County Board of Assistance, to serve until December Thirteenth Senatorial District, for reappointment as a member of 31, 1991, and until his successor is appointed and qualified, vice the Board of Trustees of Thaddeus Stevens State School of Tech­ Irwin H. Gertzog, Meadville, resigned. nology, to serve until the third Tuesday of January, 1993, and ROBERT P. CASEY. until his successor is appointed and qualified. NOMINATIONS LAID ON THE TABLE ROBERT P. CASEY. Senator WILT. Mr. President, I request the nominations MEMBER OF THE BOARD OF TRUSTEES just read by the Clerk be laid on the table. OF THADDEUS STEVENS STATE The PRESIDENT pro tempore. The nominations will be SCHOOL OF TECHNOLOGY laid on the table. October 10, 1990. 1585 1990 LEGISLATIVE JOURNAL-SENATE MEMBER OF THE STATE BOARD COMMUNICATIONS FROM THE GOVERNOR OF OSTEOPATHIC MEDICINE REPORTED FROM COMMITTEE ON RULES AND EXECUTIVE NOMINATIONS October 1, 1990. Honorable, the Senate of the Commonwealth of WILT, by unanimous consent, reported from the To the Senator Pennsylvania: on Rules and Executive Nominations, communi­ Committee the power and authority vested in me as the Governor of the Common­ In accordance with cations from His Excellency, the Commonwealth, I do hereby recall my nomina­ which were read Governor of wealth, recalling the following nominations, tion dated August 22, 1990 for the appointment of Nancy Hun­ by the Clerk as follows: zinker (Public Member), 142 East Pine Street, Grove City 16127, County, Fiftieth Senatorial District, as a member of the OF THE STATE BOARD Mercer MEMBER State Board of Osteopathic Medicine, to serve for a term of four OF .ACCOUNTANCY years and until her successor is appointed and qualified, but not G. August 9, 1990. longer than six months beyond that period, vice Raymond Herr, Willow Street, whose term expired. . message of To the Honorable, the Senate of the Commonwealth of I respectfully request the return to me of the official Pennsylvania: nomination on the premises. In accordance with the power and authority vested in me as ROBERT P. CASEY. I do hereby recall my nomina­ Governor of the Commonwealth, MEMBER OF THE PENNSYLVANIA PUBLIC dated July 23, 1990 for the appointment of Joanne D. tion TELEVISION NETWORK COMMISSION Berman, 6436 Lilac Street, Pittsburgh 15217, Allegheny County, Forty-third Senatorial District, as a member of the State Board of October 12, 1990. to serve for a term of four years and until her suc­ Accountancy, of cessor is appointed and qualified, but not longer than six months To the Honorable, the Senate of the Commonwealth beyond that period, vice Marilyn L. Painter, Pittsburgh, whose Pennsylvania: term expired. In accordance with the power and authority vested in me as the official message of I respectfully request the return to me of Governor of the Commonwealth, I do hereby recall my nomina­ nomination on the premises. tion dated September 26, 1990 for the appointment of Jonathan ROBERT P. CASEY. Bigley, 24 Aquaduct Road, Duncannon 17020, Perry County, Senatorial District, as a me"!llber of the Pennsylvania BOARD OF TRUSTEES OF Thirty-third MEMBER OF THE Television Network Commission, to serve for a term of six HOSPITAL Public EASTERN STATE SCHOOL AND years and until his successor is appointed and qualified, vice John July 18, 1990. Scotzin, deceased. I respectfully request the return to me of the official message of To the Honorable, the Senate of the Commonwealth of nomination on the premises. Pennsylvania: ROBERT P. CASEY. authority vested in me as In accordance with the power and MEMBER OF THE STATE BOARD OF I do hereby recall my nomina­ Governor of the Commonwealth, IN SPEECH-LANGUAGE June 11, 1990 for the reappointment of Patricia Kind, EXAMINERS tion dated HEARING 1330 Old Ford Road, Huntingdon Valley 19006, Montgomery AND of County, Twelfth Senatorial District, as a member of the Board October 10, 1990. Trustees of Eastern State School and Hospital, to serve until the third Tuesday of January, 1993, and until her successor is To the Honorable, the Senate of the Commonwealth of appointed and qualified. Pennsylvania: the return to me of the official message of I respectfully request In accordance with the power and authority vested in me as nomination on the premises. Governor of the Commonwealth, I do hereby recall my nomina­ ROBERT P. CASEY. tion dated August 22, 1990 for the appointment of Dennis J. land Street, Pittsburgh 15227, Allegheny MEMBER OF THE PENNSYLVANIA McManus, 428 Sunny Forty-third Senatorial District, as a member of the State DEVELOPMENT AUTHORITY County, ENERGY Board of Examiners in Speech-Language and Hearing, to serve July 11, 1990. for a term of three years and until his successor is appointed and qualified, but not longer than six months beyond that period, vice To the Honorable, the Senate of the Commonwealth of Molly M. Daly, Pittsburgh, whose term expired. Pennsylvania: I respectfully request the return to me of the official message of In accordance with the power and authority vested in me as nomination on the premises. Governor of the Commonwealth, I do hereby recall my nomina­ ROBERT P. CASEY. July 5, 1990 for the appointment of Raymond Sannie, tion dated MEMBER OF THE BLAIR COUNTY 2638 Columbia Street, Allentown 18104, Lehigh County, Six­ ASSISTANCE teenth Senatorial District, as a member of the Pennsylvania BOARD OF four years Energy Development Authority, to serve for a term of October 3, 1990. and until his successor is appointed and qualified, vice Joseph F. Welch, Wyomissing, resigned. To the Honorable, the Senate of the Commonwealth of of I respectfully request the return to me of the official message Pennsylvania: nomination on the premises. ROBERT P. CASEY. 2586 LEGISLATIVE JOURNAL-SENATE NOVEMBER 12,

In accordance with the power and authority vested in me as In conformity with law, I have the honor hereby to nominate Governor of the Commonwealth, I do hereby recall my nomina­ for the advice and consent of the Senate, Howard E. Pflugfelder, tion dated August 22, 1990 for the appointment of Julia A. Laura (At-large), 7 Crescent Court, New Cumberland 17070, Cum­ (Democrat), 1101 Eighth Avenue, Altoona 16602, Blair County, berland County, Thirty-first Senatorial District, for appointment Thirtieth Senatorial District, as a member of the Blair County as. a member of the Pennsylvania Fish Commission, to serve until Board of Assistance, to serve until December 31, 1991 and until the second Tuesday of January, 1992, and until his successor is her successor is appointed and qualified, vice Father Bonaventure appointed and qualified, vice Joan R. Plumly, Jenkintown, Midili, Altoona, resigned. deceased. · I respectfully request the return to me of the official message of ROBERT P. CASEY. nomination on the premises. On the question, ROBERT P. CASEY. Will the Senate advise and consent to the nominations? NO MINA TIO NS RETURNED TO THE .GOVERNOR The yeas and nays were required by Senator WILT and Senator WILT. Mr. President, I move the nominations just were as follows, viz: read by the Clerk be returned to His Excellency, the Gover­ nor. YEAS-48 The motion was agreed to. Afflerbach Furno Lincoln Reibman The PRESIDENT pro tempore. The nominations will be Andrezeski Greenleaf Loeper Rhoades Armstrong Greenwood Lynch Salvatore returned to the Governor. Baker Helfrick Madigan Scanlon Belan Hess Mellow Shaffer LEGISLATIVE LEAVES CANCELLED Bell Holl Musto Shumaker Bodack Hopper O'Pake Stapleton Brightbill Jones Pecora Stewart The PRESIDENT pro tempore. Senator Hess, Senator Corman Jubelirer Peterson Stout Musto and Senator Dawida are on the floor and their tempo­ Dawida LaValle Porterfield Tilghman rary Capitol leaves will be cancelled. Fattah Lemmond Punt Wenger Fisher Lewis Rego Ii Wilt NAYS-0 EXECUTIVE NOMINATIONS A constitutional two-thirds majority of all the Senators EXECUTIVE SESSION having voted "aye," the question was determined in the affir­ Motion was made by Senator WILT, mative. That the Senate do now resolve itself into Executive Session Ordered, That the Governor be informed accordingly. for the purpose of considering certain nominations made by NO MINA TIO NS TAKEN FROM THE TABLE the Governor. Which was agreed to. Senator WILT. Mr. President, I call from the table certain nominations and ask for their consideration. NOMINATIONS TAKEN FROM THE TABLE The Clerk read the nominations as follows: Senator WILT. Mr. President, I call from the table certain JUDGE, COURT OF COMMON PLEAS, nominations and ask for their cm:isideration. PHILADELPHIA COUNTY The Clerk read the nominations as follows: October 22, 1990. TREASURER, ALLEGHENY COUNTY To the Honorable, the Senate of the Commonwealth of August 21, 1990. Pennsylvania: To the Honorable, the Senate of the Commonwealth of In conformity with law, I have the honor hereby to nominate Pennsylvania: for the advice and consent of the Senate, Nitza I. Quinones In conformity with law, I have the honor hereby to nominate Alejandro, 907 Ronnie Circle, Philadelphia 19128, Philadelphia for the advice and consent of the Senate, Mary Alice County, Fourth Senatorial District, for appointment as Judge of McDonough, 233 Edgewood Avenue, A-9, Pittsburgh 15218, the Court of Common Pleas of Philadelphia County, to serve Allegheny County, Forty-fourth Senatorial District, for appoint­ until the first Monday of January, 1992, vice The Honorable ment as Treasurer, in and for the County of Allegheny, to serve Eugene H. Clarke, Jr., mandatory retirement. until the first Monday of January, 1992, vice Jay Costa, ROBERT P. CASEY. deceased. JUDGE, TRAFFIC COURT ROBERT P. CASEY. May I, 1990. MEMBER OF THE PENNSYLVANIA FISH COMMISSION To the Honorable, the Senate of the Commonwealth of Pennsylvania: May 2, 1990. To the Honorable, the Senate of the Commonwealth of Pennsylvania: 1990 LEGISLATIVE JOURNAL-SENATE 2587 Senate Bill 775, In conformity with law, I have the honor hereby to nominate I return herewith, without my approval, Act amending Titles 20 for the advice and consent of the Senate, Joseph A. Diorio, 928 Printer's Number 2485, entitled "An (Taxation and Fiscal Magee Avenue, Philadelphia 19111, Philadelphia County, (Decedents, Estates and Fiduciaries) and 72 Statutes, reducing the Fourth Senatorial District, for appointment as Judge of the Affairs) of the Pennsylvania Consolidated adding a section Traffic Court of Philadelphia, to serve until the first Monday of time for advertisement of accounts to two weeks; of wills, January, 1992, vice The Honorable Dominic N. Cermele, providing that documents submitted to the register by an affidavit or by a veri­ resigned. except for probate, may be attested to fied statement; broadening the class of property deemed dis­ ROBERT P. CASEY. claimed when a spouse takes an elective share; avoiding auto­ On the question, matic modification of wills and inter vivos conveyances that are a rule of Will the Senate advise and consent to the nominations? made in contemplation of a marriage or divorce; adding interpretation for wills and conveyances regarding corporate The yeas and nays were required by Senator WILT and fiduciaries; confirming existing law that a gift to any unfunded were as follows, viz: trust is valid; adding a chapter relating to contracts concerning succession; authorizing personal representatives to make certain YEAS-23 temporary investments; allowing fiduciaries to hold certain secu­ for notice to parties Lynch Reibman rities in book-entry form; further providing Afflerbach Furno of claimants; authorizing Greenleaf Mellow Scanlon in interest; further providing for rights Andrezeski certain income Be Ian Jones Musto Stapleton the guardian of the estate of a minor to distribute Bodack La Valle O'Pake Stewart without court approval; adding the Pennsylvania Uniform Trans­ Dawida Lewis Porterfield Stout fers to Minors Act; adding provisions relating to guardians of Fattah Lincoln Regoli incapacitated persons; clarifying the jurisdiction of the court to NAYS-25 appoint certain temporary guardians; authorizing the court to exercise all rights and privileges under certain contracts which Armstrong Helfrick Loeper Salvatore provide for payments to an incompetent or others after the Baker Hess Madigan Shaffer incompetent's death; authorizing the court to modify the estate Shumaker Bell Holl Pecora plan of an incompetent to reflect changes in applicable tax laws; Hopper Peterson Tilghman Brightbill permitting certain powers of attorney to be executed by mark; Corman Jubelirer Punt Wenger Rhoades Wilt ensuring the validity of durable powers of attorney; authorizing Fisher Lemmond pro­ Greenwood the court to allow a shorter period of notice to an absentee; viding that as a matter of law divorce revokes any revocable bene­ Less than a constitutional two-thirds majority having voted ficiary designation made in favor of the former spouse; further "aye," the question was determined in the negative. providing for the annexation of accounts further authorizing the Ordered, That the Governor be informed accordingly. court to divide trusts; further authorizing the court to grant declaratory relief with respect to certain interests in real property; EXECUTIVE SESSION RISES exempting spousal transfers from inheritance taxation; providing for the taxation of certain spousal trusts; adding conforming WILT. Mr. President, I move that the Executive Senator amendments to Titles 13, 18, 23 and 42; amending Title 72 to Session do now rise. exempt spousal transfers from inheritance taxation; and making The motion was agreed to. technical changes." This bill makes a variety of changes to the taxation of estates in result in significant revenue SB 775 TAKEN FROM THE TABLE Pennsylvania, several of which would losses to the Commonwealth. The most severe revenue impact would be caused by the elimination of the existing six percent tax No. 2485) - Without objection, Senator SB 775 (Pr. on transfers to a spouse of property held in only the decedent's LOEPER called from the table SB 775, as a Special Order of name. Under the bill, this tax would phase out over a five-year Business. period, beginning on July I, I 991. Elimination of this tax would cost the Commonwealth over $4 million next fiscal year, in the fifth year of imple­ RECONSIDERATION OF SB 775 increasing to approximately $62 million TO mentation. THE OBJECTIONS OF THE GOVERNOR In order to fill that kind of revenue gap, the General Assembly THE CONTRARY NOTWITHSTANDING would have to either reduce spending in future years or increase other revenues to replace those lost inheritance tax MOTION TO PASS SB 775 OVER dollars. There are times and circumstances when those hard GOVERNOR'S VETO DEFEATED choices are made easier, when reducing or eliminating a particu­ lar tax levy would remove an unfair burden from those who can SB 775 (Pr. No. 2485)- Senator LOEPER. Mr. President, least afford to pay. I move that the Senate proceed with its reconsideration of Unfortunately, that is not the case with this particular tax. do very Senate Bill No. 775, Printer's No. 2485, and agree to pass the Contrary to the claims of its proponents, this bill would to help poor widows. Most lower and middle-income same, the objections of the Governor to the contrary notwith­ little couples own their homes and other assets jointly and, therefore, standing. will pay no inheritance tax when one spouse dies. The Clerk read the Governor's veto message as follows: In fact, each year, fewer than 5,000 Pennsylvanians die leaving spouse. Less than half that October 12, 1990 property that is taxable to their number leave small estates valued below $50,000. All of those To the Honorable, the Senate estates added together pay less than five percent of the tax of the Commonwealth of Pennsylvania: small to be eliminated by the bill. The people who pay the bulk of this tax, and the ones who will benefit most by its repeal, are some of the wealthiest people in Pennsylvania. 2588 LEGISLATIVE JOURNAL-SENATE NOVEMBER 12,

When fully operational, the bill would provide a $30 million in situations where holding property in joint names was prac­ tax break for about 1,000 of our wealthiest residents. That tical. What we have seen over the years in Pennsylvania is that money has to come from somewhere. It would come from the they have been penalized because at that point they were unin­ pockets of working men and women across Pennsylvania in the really onl) form of higher taxes or reductions in essential programs. Penn­ formed. I think that repeal of the widow's tax can sylvania can ill-afford to be cutting taxes for the rich in the face have a positive impact on elderly couples in Pennsylvania and of growing demands for funding essential programs like special their decisions to remain within the limits of the Common­ education, higher education, senior citizens' programs, environ­ wealth where they reside. mental cleanup, health care and other critical human needs. Also, one of the things that we have heard in the veto If this legislation were in reality a benefit designed for poor was the widow, I would sign it. But, it is not. It amounts to a huge message and we heard in debate on this floor before giveaway to the rich, masquerading as a benefit to the poor. fiscal impact that the repeal of the widow's tax measure would I remain deeply concerned about people who are not wealthy, have. I think it is important to reemphasize, Mr. President, who lose their spouse, and find themselves faced with tax bills as that the effective date for the first one percent reduction a result. under this law that changes the present tax rate would be July Therefore, I am asking the legislative leaders to work with all would be no interested groups to craft a law that will provide relief to those l , 1991. In this current fiscal year, 1990-91, there people for whom this tax constitutes an unconscionable economic revenue loss to the Commonwealth, and I believe that it burden at the traumatic time of loss of a spouse. That legisla­ would have no effect on the current budget that is already tion must not, however, be a windfall for the rich. enacted. There is a six year phase-in on the widow's tax that This bill contains a number of other changes designed to avoid will soften any revenue impact of the repeal and would cer­ or defer the payment of inheritance taxes. In particular, the bill of the budget in future years. For would no longer apply the tax to a surviving spouse who inherits a tainly ease the management life estate. Such property would only be taxable to those who example, the estimated revenue loss for the fiscal year 1991-92 subsequently inherit it, after termination of the life estate, and should be approximately $4 million. In addition, I think, Mr. the tax would be based upon the value of the property at that President, we should note that the repeal of the widow's tax time. This provision could have a significant impact upon Com­ will certainly help poor and middle-class Pennsylvanians, and monwealth inheritance tax revenues, particularly in the first year of implementation. While it is difficult to estimate the potential it is certainly not a giveaway to the wealthy as has been char­ losses with precision, they would certainly exacerbate the revenue acterized in the veto message. drain caused by the proposed repeal of the tax on spousal trans­ Revenue figures show that 69 percent of the estates that are fers. subject to this tax have a net taxable asset value of $30,000. At In addition to these tax law changes, Senate Bill 775 would the same time, further information shows that for every establish new rights for persons alleged to be incapacitated and in wealthy person who pays this tax, 29 persons were of modest need of guardianship services. Without question, reform of Pennsylvania's antiquated guard­ means who also pay the tax. I think it is important to note that ianship law is long overdue. I urge the General Assembly to the widow's tax levies its heaviest toll on those least able to pass new legislation to address the needs of incapacitated persons come up with the cash to make the tax payment and that many within the limits of available state funds. small family businesses certainly fall into this category. The PRESIDENT pro tempore. It has been moved by Finally, I think, Mr. President, that the imposition of this Senator Loeper that the Senate proceed to reconsider Senate widow's tax has historically caused severe hardship upon sur­ Bill No. 775, Printer's No. 2485, and agree to pass the same, viving wives of farmers. Too often these businesses are fis­ the objections of the Governor to the contrary notwithstand­ cally sound but cash poor, and surviving wives are forced to ing. sell their farmlands and farm assets in order to pay for the The vote required for this motion is two-thirds of the inheritance tax that is due on the farm at the untimely death. Senators, or thirty-four votes. And, therefore, it greatly reduces the chances that the farm business can be viably operated in the future. For those On the question, reasons, Mr. President, I would urge the Members of the Will the Senate agree to the motion? Senate in an affirmative vote to override the Governor's veto Senator LOEPER. Mr. President, just before the election of Senate Bill No. 775. recess we considered here in the Senate a bill that had been Senator FUMO. Mr. President, I rise to oppose the motion passed overwhelmingly by the House of Representatives and of the Majority Leader. Again, we go back to the poor then by the Senate dealing with the repeal of the widow's tax widows and orphans. We think about in our minds these poor in Pennsylvania. Mr. President, the repeal of the widow's tax people who we want to help, dressed shabbily, holding tin basically was to follow what 47 other states and the federal cups out for donations to help them, wearing ragged clothes. government have already voted to repeal. I think we should Mr. President, the only widows we are going to help out in note that the widow's tax eventually hurts all Pennsylvanians. this bill are those who are dress.ed in mink and ermine, not We have heard the charge made that basically it is the wealthy cloth coats. ones who would benefit from the elimination of this tax. Mr. President, the gentleman, the Majority Leader, has his However, I think, Mr. President, an examination of statistics numbers a little bit mixed up. Yes, it does not cost anything in would prove differently. fiscal 1990-91, but in fiscal 1991-92 it costs $8 million, not $4 I think that we hear many times sad s~ories about elderly million. As we project out to the final year, it winds up couples who were not aware of the joint property exemption 1990 LEGISLATIVE JOURNAL-SENATE 2589 costing us $57.8 million to give away this money, $57.8 Senator BELL. Mr. President, I just learned something. I million that is going to have to be made up on the backs of just learned that all of the employees of the gentleman from working men and women in Pennsylvania because I would Philadelphia, Senator Furno, wear mink coats because every hope by now we realize that there is no free lunch and some­ state employee with money in a retirement fund does not have body has to pay for this giveaway. it in joint names. They are taxed on death. Then I think there Mr. President, there may, in fact, be some poor and is something called an IRA. Does everybody with an IRA middle-class people who are hurt by the widow's tax, but they have a mink coat? I am learning things. I did not know there are certainly not in the majority. In fact, the statistics of the were that many minks. department clearly show that one-half of that benefit of $57.8 Senator GREENLEAF. Mr. President, I rise in favor of the million would go to those 276 spouses who will inherit estates override, and I think this argument about this being a rich tax in excess of one-half million dollars. Mr. President, that is really just a red herring. The vast majority of people, when means that an affirmative vote on this would give to each one you are talking about numbers of people who will benefit by of those 276 wealthy widows an average of $105,000 each. this, will be those people who are middle class and poor. I That is a lot of money, especially when you go back to think that is brought out by the lady who moved from New working men and women and say, we have to raise your taxes Jersey and now lives in East Stroudsburg, and I believe we all because we have to help the affluent of Pennsylvania. But that got copies of her letter, and there have been other widows who is not a new scenario from the Republican side of this aisle. have written to us about this bill who are not wealthy people. Traditionally they have been the party of the rich. They did it She wrote a letter on July 3rd, 1990, to one of the House in Washington, D.C. and they are trying to do it here, and I Members and in one of her paragraphs said, "My husband do not suspect that they will ever change. But, Mr. President, and I did not amass a large fortune-we merely saved for our I, for one, will not go along with that nonsense, and I think retirement. We considered ourselves fortunate-after the Governor of Pennsylvania should be commended for struggling for years-working hard and paying our taxes and vetoing this bill before an election, for having the courage to raising a family-we had managed to save a little nest-egg for stand up and tell the people of Pennsylvania what a sham it our retirement and to see us through until death-hopefully was and to come forth with guts and do what is right. He did not being a burden to anyone. OUR ONLY MISTAKE WAS that, Mr. President, because he does not want to raise taxes CHOOSING THE STATE OF PENNSYLVANIA FOR OUR on the middle class and the working class of Pennsylvania to RETIREMENT." give away $105,000 to each wealthy widow that the Republi­ Then she goes on to discuss that she would like the tax cans represent. Mr. President, I join him in that sentiment, repealed immediately, not phased out as this legislation does and while there may be some inequities in the widow's tax as or tries to do in a responsible way. This is a break for those currently in existence, we have until July 1, 1991 to straighten widows who cannot afford to pay this tax. We are alone in the that out, because that is when this bill would take effect as nation that has a tax such as this. Forty-seven other states well. Mr. President, the Governor's budget message was quite have a complete exemption. I believe Maryland and Mass­ clear. We understand some of those inequities that fall upon achusetts have partial exemptions, and we are completely out truly poor and middle-class people, and I assure you and the of step from the rest of the nation and it is about time that we Members of this Chamber that in the next Session a bill will be correct this injustice. introduced, most probably by Democrats because we are the Senator WENGER. Mr. President, I also rise to urge an party of the working class, that will help out those people override of the veto on the so-called widow's tax. The gentle­ whom the vast majority of us represent and exempt them man from Philadelphia tried to paint the picture that only from this tax. But, quite frankly, we have no problem taxing high income persons could benefit from the provisions of this millionaires, we never have and we never will. We are differ­ bill. That is simply not accurate, Mr. President, and I can give ent than the Republican Party in that regard, and I would find examples of what happens across rural Pennsylvania, and it absolutely appalling to go back to the people in my district Pennsylvania does have thousands of farm families.-;It is true who work for a living and tell them that their taxes have to be that many times the real estate they own, the particular farm raised so that I could give $105,000 in hard, cold cash to those they own, may have considerable value and that farm many poor widows who only inherited in excess of a half million times is jointly owned by the husband and the wife and there­ dollars each. fore avoids this particular tax. But there are also other assets Mr. President, I ask that this Chamber sustain the cou­ involved there such as the livestock and machinery that are rageous veto of the Governor, and not courageous because needed to operate that farm, and they are many times consid­ what he did was right, but courageous because he stood up for ered the property of the one spouse and when that spouse the uneducated and did what was right and because he did not dies, the widow in this case, inherits those assets. Many times get stampeded before his election and because he had the those farm families, although they ·have those assets, do not courage to go out and educate people and tell them what it have the ready cash to go and pay this kind of tax, which was about. We on this side of the aisle will join with that forces a liquidation of that livestock and that machinery that courage. We will be back in the next Session taxing the mil­ is needed to keep that farm family in continual operation. lionaires. We hope you join with us then. We are not going to Passage of the bill that is before us and the override of the let you get away with this grab today. 2590 LEGISLATIVE JOURNAL---SENATE NOVEMBER 12,

veto that is before us would be a tremendous asset to those Mr. President, I do not know if the rest of you have, but I farm families. We have in the past years come with various know that the Members on this side of the aisle and I have programs to preserve our farms across Pennsylvania, and I taken the opportunity and they are taking the initiative to talk think an override of this veto is going to be one of the very to the administration to find out exactly what they have in positive things we can do to assure the continuity of Pennsyl­ mind and to find out where their proposal is. Obviously, they vania's farms and our farm families. have informed me that until Senate Bill No. 775 has been Senator MELLOW. Mr. President, today we are asked to finally disposed of, there is not any way possible they could go deal with an extremely important piece of legislation, one that ahead and submit to the General Assembly a new proposal. is going to have tremendous tax consequences on the Com­ But I can tell you this, Mr. President, standing before the monwealth of Pennsylvania, not only in the next fiscal year Body here this evening, that once we go ahead this evening but over the next five years, which could cost the taxpayer of and we sustain the veto of the Governor, there will be a new Pennsylvania something in the vicinity of $62 million. I think, proposal that will be submitted by the administration and it Mr. President, for those of us who stand before you this will be· supported by this side of the aisle that will go ahead evening and ask to sustain the Governor's veto without estab­ and will bring into focus the problems that have been lishing the reasons for it, I do not think would be proper. I addressed by the American Association of Retired Persons. It believe there are many reasons which we can actually put will discuss the problems that have been presented by the forward that would ask the Members of the Body to sustain Pennsylvania farmer and the National Federation of Indepen­ the Governor's veto. dent Business because, Mr. President, it will establish the type First of all, I was extremely interested in listening to the dis­ of legislation that will go ahead and will exempt a certain cussion by the previous speaker when he talked about farm amount of an estate from being taxable here in Pennsylvania. equipment, and what-have-you, and the farms in general, and Mr. President, in conclusion, why do we not really take a how if the farmer would die there was not enough liquid cash look at those individu.als who are responsible for this particu­ to have the surviving spouse or the widow go ahead and pay lar type of tax? It has also been pointed out in the Governor's for the type of estate that apparently would be gathered by veto message that fewer than 5,000 Pennsylvanians each year having this particular type of equipment. Mr. President, I die leaving property that is taxable to their spouse, and of think I would only have to inform the gentleman that if the those 5,000, Mr. President, approximately one-half of those farmer and his spouse went ahead and they placed the equip­ individuals have estates that are valued at less than $50,000. ment of the farm, which obviously was not owned by a corpo­ Therefore, those one-half of the individuals who do not have ration but was owned by the individuals, in the names of both estates valued at $50,000 obviously are the type of people the spouses, then, in fact, in Pennsylvania there would be no who, by and large, have taken advantage of some of the very inheritance tax. clever estate planning in federal government that would go Mr. President, I think it is also.important to point out, as ahead and have split assets between a husband and a wife for was stated previously by the gentleman from Montgomery, the purpose of going ahead and trying to alleviate any tax Senator Greenleaf, about the couple from East Stroudsburg burden they may have on the federal level. Mr. President, when he talked about how a husband and wife decided to those individuals who have estates of less than $100,000 I feel retire in the great Pocono northeast and to move from New very confident will be taken care of by the type of legislation Jersey into the Poconos. I would submit to the gentleman I that will be advanced in this Body and supported by the am sure they decided to retire in the great Pocono northeast administration. I think, furthermore, we have to look at the for many, many reasons, probably the quality of life is the bill in the way it also deals with the guardian law, something most important. But, Mr. President, if there is a problem with that has been long overdue in reforming the guardian law. the estate they have put together for themselves, then there is There are several pieces of legislation that are on our Calendar not any ,reason why they themselves could not go ahead and right now, that in the next week and a half of Session we could put their estate in both names, which in Pennsylvania would go ahead and add the particular type of reform in dealing with exempt them from paying any type of an inheritancetax. guardian law into those pieces of legislation, and that part of Mr. President, also, if you had the opportunity of reading the bill, which we think on this side of the aisle to be so very, the Governor's veto message, which I am sure we have, in the very important, can.be sent to the Governor and have his sig­ third paragraph on the first page of the Governor's veto nature affixed to it before the end of this Calendar year. Mr. message, he talks about the cooperation he would like to have President, realizing full well that this bill would not take in working through the problem with the American Associa­ effect until July of 1991, realizing full well that there is tion of Retired Persons, better known as AARP. He, further­ ongoing discussion with the American Association of Retired more, talks about letter~ that have been sent to the Pennsyl­ Persons, the Pennsylvania Farmer's Association and the vania Farm Association and to the National Federation of National Federation of Independent Business and that we Independent Business to go ahead and try to carve a proper have the full assurance of the administration that they will be type of compromise that basically would take care of the sending us a bill as soon as we reconvene the General Assem­ needs of the people who we feel have been aggrieved by this bly in January, I would ask that we sustain the Governor's particular type of legislation. veto and not override the veto on Senate Bill No. 775. 1990 LEGISLATIVE JOURNAL-SENATE 2591

Senator STEWART. Mr. President, I voted for this And the question recurring, measure when it was last before us, and then when I found out Will the Senate agree to the motion? that the Governor had vetoed it again, as was mentioned The yeas and nays were required by Senator LOEPER and before, right before an election, I called the Governor's Office were as follows, viz: the very next day and expressed my concerns that I had with a lot of the middle-class people in my district. l was assured by YEAS-27 his staff that another bill would be worked on and would be Andrezeski Greenleaf Lemmond Salvatore presented that would address many of the concerns that I had. Armstrong Greenwood Loeper Shaffer Baker Helfrick Madigan Shumaker I did not realize at the time that the effective date of the Bell Hess Pecora Tilghman measure that was passed, that we are working on an override Brightbill Holl Peterson Wenger here this evening, was July of 1991. So we do have time in the Corman Hopper Punt Wilt Fisher Jubelirer Rhoades next Session before this would have become law anyway. So, Mr. President, I trust my Governor, I trust what he said he NAYS-18 would do in his veto message and his office said he would do Afflerbach La Valle Musto Scanlon personally to me on the phone, and I join the two million plus Bodack Lewis O'Pake Stapleton Dawida Lincoln Rego Ii Stewart people who trusted the Governor last Tuesday, and I would Furno Lynch Reibman Stout ask to sustain his veto. Jones Mellow Senator LOEPER. Mr. President, just in summary, we Less than a constitutional two-thirds majority having voted have heard from previous speakers about why we should not "aye," the question was determined in the negative. override the Governor's veto tonight, that we should trust the The PRESIDENT pro tempore. Taking two-thirds majority Governor and this administration to work in the next Session to overturn the veto of the Governor, that not having been to come up with a bill with all these different organizations reached, the veto of the Governor will be sustained and the involved in it that is going to take care of the situation. Mr. bill will be returned to the table, along with the Governor's President, I would suggest that the time for that is now. The objections. time for negotiation in the widow's tax bill has been before us while this bill was debated in the House and then again once in CALENDAR the Senate. I think the time to take action when we want to demonstrate our commitment to groups like our farmers, to THIRD CON SID ERATION CALENDAR our senior citizens, our small business people, couples who are BILL REREPORTED FROM COMMITTEE going to be most affected by this tax, is by action that we can AS AMENDED OVER IN ORDER take here on this floor tonight. One of the previous speakers suggested that we could address a new bill with limitations of HB 1960 - Without objection, the bill was passed over in $100,000 to take care of those below that. I would just its order at the request of Senator LOEPER. counter and suggest to them that very possibly if they just BILL REREFERRED reviewed the debate on this bill in the House of Representa­ tives where amendments were offered to try and address that HB 310 (Pr. No. 4214) - The Senate proceeded to consid­ particular situation, that actually after an intense debate the eration of the bill, entitled: motion was defeated by a vote of 143-47 in the House of Rep­ An Act amending Titles 18 (Crimes and Offenses) and 42 (Judi­ resentatives. I think we have to add to that that it has long ciary and Judicial Procedure) of the Pennsylvania Consolidated been the law of this state that the uniformity clause in the Statutes, further providing for criminal mischief and for institu­ and display of aerosol spray­ Pennsylvania Constitution requires that taxes not be gradu­ tional vandalism; providing for sale paint cans and broad-tipped markers and for mandatory sentenc­ ated or capped, and there is case law that has indicated for ing for convictions for certain drug offenses; regulating storage, almost 100 years the law of Pennsylvania has been that a cap consumption and sale of alcoholic beverages between the hours or exemption on the amount of tax is unconstitutional. There­ of 2 a.m. and 8 a.m. on unlicensed premises; and providing for fore, Mr. President, it is my view that we have before us jurisdiction to enjoin certain nuisances in the City of Philadelphia tonight a very viable proposal that will bring relief to the and for sentencing for criminal mischief. taxing authority for the widows in Pennsylvania or those situ­ Considered the third time, ations and we should cast an affirmative vote in order to over­ On the question, ride the Governor's veto. Will the Senate agree to the bill on third consideration? LEGISLATIVE LEAVE Senator LOEPER. Mr. President, I move that House Bill Senator LOEPER. Mr. President, Senator Hess has been No. 310, Printer's No. 4214, be rereferred to the Committee called from the floor and I would request a temporary Capitol on Appropriations. leave on his behalf. On the question, The PRESIDENT pro tempore. Senator Loeper has Will the Senate agree to the motion? requested a temporary Capitol leave for Senator Hess. The Chair hears no objection. That leave will be granted. 2592 . LEGISLATIVE JOURNAL-SENATE NOVEMBER 12,

The yeas and nays were required by Senator LOEPER and SB 1673 (Pr. No. 2300) - The Senate proceeded to consid­ were as follows, viz: eration of the bill, entitled: YEAS-44 An Act amending the act of May 27, 1937 (P. L. 926, No. 249), entitled, as amended, "Bedding and Upholstery Law," further Afflerbach Fu mo Loeper Rhoades regulating fees, registration, duties and penalties. Andrezeski Greenleaf Lynch Salvatore Armstrong Helfrick Madigan Scanlon Considered the third time and agreed to, Baker Hess Mellow Shaffer Bel an Hopper Musto Shumaker On the question, Bell Jones Pecora Stapleton Shall the bill pass finally? Bodack Jubelirer Peterson Stewart Corman La Valle Porterfield Stout The yeas and nays were taken agreeably to the provisions of Dawida Lemmond Punt Tilghman the Constitution and were as follows, viz: Fattah Lewis Rego Ii Wenger Fisher Lincoln Reibman Wilt YEAS-48 NAYS-4 Afflerbach Furno Lincoln Reibman Brightbill Greenwood Holl O'Pake Andrezeski Greenleaf Loeper Rhoades Armstrong Greenwood Lynch Salvatore A majority of the Senators having voted "aye," the ques­ Baker Helfrick Madigan Scanlon tion was determined in the affirmative. Bel an Hess Mellow Shaffer The PRESIDENT pro tempore. House BiU No. 310 will be Bell Holl Musto Shumaker Bodack Hopper O'Pake Stapleton rereferred to the Committee on Appropriations. Brightbill Jones Pecora Stewart Corman Jubelirer Peterson Stout BILLS ON THIRD CONSIDERATION Dawida La Valle Porterfield Tilghman AND FINAL PASSAGE Fattah Lemmond Punt Wenger Fisher Lewis Regoli Wilt BB 1023 (Pr. No. 4215)-The Senate proceeded to consid­ NAYS-0 eration of the bill, entitled: An Act amending Title 23 (Domestic Relations) of the Pennsyl­ A constitutional majority of all the Senators having voted vania Consolidated Statutes, adding provisions relating to "aye," the question was determined in the affirmative. domestic relations; making conforming amendments to Titles 18 Ordered, That the Secretary of the Senate present said bill and 42; and repealing certain acts and parts of acts supplied by to the House of Representatives for concurrence. the act or otherwise obsolete. SB 1675 (Pr. No. 2302) The Senate proceeded to consid- Considered the third time and agreed to, eration of the bill, entitled: And the amendments made thereto having been printed as required by the Constitution, An Act amending the act of April 27, 1927 (P. L. 465, No. 299), entitled as amended, "Fire and Panic Act," regulating fees; On the question, providing penalties; and regulating buildings. Shall the bill pass finally? Considered the third time and agreed to, The yeas and nays were taken agreeably to the provisions of On the question, the Constitution and were as fo11ows, viz: Shall the bill pass finally? YEAS-48 The yeas and nays were taken agreeably to the provisions of Afflerbach Fu mo Lincoln Reibman the Constitution and were as follows, viz: Andrezeski\ Greenleaf Loeper Rhoades Armstrong Greenwood Lynch Salvatore YEAS-48 Baker Helfrick Madigan Scanlon Belan Hess Mellow Shaffer Afflerbach Fu mo Lincoln Reibman Bell Holl Musto Shumaker Andrezeski Greenleaf Loeper Rhoades Bodack Hopper O'Pake Stapleton Armstrong Greenwood Lynch Salvatore Brightbill Jones Pecora Stewart Baker Helfrick Madigan Scanlon Corman Jubelirer Peterson Stout Bel an Hess Mellow Shaffer Dawida La Valle Porterfield Tilghman Bell Holl Musto Shumaker Fattah Lemmond Punt Wenger Boda ck Hopper O'Pake Stapleton Fisher Lewis Rego Ii Wilt Brightbill Jones Pecora Stewart Corman Jubelirer Peterson Stout NAYS-0 Dawida LaValle Porterfield Tilghman Fattah Lemmond Punt Wenger A constitutional majority of all the Senators having voted Fisher Lewis Rego Ii Wilt "aye," the question was determined in the affirmative. NAYS-0 Ordered, That the Secretary of the Senate return said bill to the House of Representatives with information that the A constitutional majority of all the Senators having voted Senate has passed the same with amendments in which con­ "aye," the question was determined in the affirmative. currence of the House is requested. Ordered, That the Secretary of the Senate present said bill to the House of ~epresentatives for concurrence. 2593 1990 LEGISLATIVE JOURNAL-SENATE FROM COMMITTEE SB 1676 (Pr. No. 2303)-The Senate proceeded to consid­ BILL REREPORTED AMENDED ON SECOND CONSIDERATION eration of the bill, entitled: AS No. 2547) -The Senate proceeded to consid­ An Act amending the act of July 25, 1961 (P. L. 857, No. 372), SB 1773 (Pr. entitled, as amended, "Stuffed Toy Manufacturing Act," further eration of the bill, entitled: fees. regulating An Act providing for a flag for firefighters who have died in the Pennsylvania Considered the third time and agreed to, the line of duty; providing for responsibility of State Fire Commissioner; and making an appropriation from On the question, contributions. Shall the bill pass finally? Considered the second time and agreed to, of The yeas and nays were taken agreeably to the provisions Ordered, To be printed on the Calendar for third consider­ the Constitution and were as follows, viz: ation. YEAS-48 BILLS OVER IN ORDER AfOerbach Fumo Lincoln Reibman HB 8, 68, 122 and 250 - Without objection, the bills were Loeper Rhoades Andrezeski Greenleaf over in their order at the request of Senator LOEPER. Armstrong Greenwood Lynch Salvatore passed Baker Helfrick Madigan Scanlon BILL REREFERRED Be Ian Hess Mellow Shaffer Bell Holl Musto Shumaker HB 253 (Pr. No. 3040) - The Senate proceeded to consid­ Hopper O'Pake Stapleton Bodack of the bill, entitled: Brightbill Jones Pecora Stewart eration Corman Jubelirer Peterson Stout of June 23, 1931 (P. L. 932, No. 317), Tilghman An Act amending the act Dawida La Valle Porterfield Class City Code," permitting interests in Punt Wenger known as "The Third Fattah Lemmond funds to vest after 12 years under certain condi­ Fisher Lewis Rego Ii Wilt police pension tions; providing for the amount of the retirement allowance NAYS-0 benefit vested; and adding a definition. A constitutional majority of all the Senators having voted Upon motion of Senator LOEPER, and agreed to, the bill "aye," the question was determined in the affirmative. was rereferred to the Committee on Appropriations. Senate present said bill Ordered, That the Secretary of the BILLS OVER IN ORDER to the House of Representatives for concurrence. HB 464 and SB 510 - Without objection, the bills were REREFERRED BILLS passed over in their order at the request of Senator LOEPER. The Senate proceeded to consid­ SB 1733 (Pr. No. 2507) - BILL ON SECOND CONSIDERATION eration of the bill, entitled: SB 646 (Pr. No. 2533)-The Senate proceeded to consider­ certain debt reports to be submitted by An Act providing for ation of the bill, entitled: cities of the first class to the State Treasurer. An Act establishing a procedure whereby a person may execute LOEPER, and agreed to, the bill Upon motion of Senator in advance a written declaration indicating to a physician the was rereferred to the Committee on Rules and Executive person's desire for a physician to initiate, continue, withhold or Nominations. withdraw certain life-sustaining medical treatment in the event person is incompetent and is determined to be in a terminal Senate proceeded to consid­ the SB 1772 (Pr. No. 2486) - The condition or to be permanently unconscious; and providing pen­ eration of the bill, entitled: alties. An Act amending the act of April 12, 1951 (P. L. 90, No. 21), Considered the second time and agreed to, Code," further providing for entitled, as reenacted, "Liquor Ordered, To be printed on the Calendar for third consider­ administrative law judges, licenses and licensing procedures. ation. of Senator LOEPER, and agreed to, the bill Upon motion BILLS OVER IN ORDER was rereferred to the Committee on Law and Justice. HB 895, SB 898 and 965 - Without objection, the bills BILLS OVER IN ORDER were passed over in their order at the request of Senator HB 1983, 2039 and 2309 - Without objection, the bills LOEPER. over in their order at the request of Senator were passed BILLS REREFERRED LOEPER. SB 1030 (Pr. No. 1202) - The Senate proceeded to consid~ SECOND CONSIDERATION CALENDAR eration of the bill, entitled: BILL REREPORTED FROM COMMITTEE Act amending the act of June 13, 1967 (P. L. 31, No. 21), OVER IN ORDER An AS AMENDED entitled "Public Welfare Code," providing for the status of pay­ SB 1470, - Without objection, the bill was passed over in ments received by foster parents. its order at the request of Senator LOEPER. 2594 LEGISLATIVE JOURNAL-SENATE NOVEMBER 12,

Upon motion of Senator LOEPER, and agreed to, the bill BILL ON SECOND CONSIDERATION was rereferred to the Committee on Appropriations. SB 1573 (Pr. No. 2116) - The Senate proceeded to consid­ SB 1062 (Pr. No. 1253) - The Senate proceeded to consid­ eration of the bill, entitled: eration of the bill, entitled: An Act amending the act of May 11, 1949 (P. L. 1210, No. An Act amending Title 75 (Vehicles) of the Pennsylvania Con­ 367), entitled "Group Life Insurance Policy Law," further pro­ solidated Statutes, providing for the suspension of license in rela­ viding for policies issued to creditors. tion to driving under the influence. Considered the second time and agreed to, Upon motion of Senator LOEPER, and agreed to, the bill Ordered, To be printed on the Calendar for third consider­ was rereferred to the Committee on Appropriations. ation. BILL OVER IN ORDER BILL OVER IN ORDER .HB 1106 - Without objection, the bill was passed over in SB 1648 - Without objection, the bill was passed over in its order at the request of Senator LOEPER. its order at the request of Senator LOEPER. BILLS ON SECOND CONSIDERATION BILLS ON SECOND CONSIDERATION HB 1199 (Pr. No. 1377)-The Senate proceeded to consid­ SB 1668 (Pr. No. 2278) - The Senate proceeded to consid­ eration of the bill, entitled: eration of the bill, entitled: An Act amending the act of August 9, 1955 (P. L. 323, No. An Act designating a portion of Interstate Highway 279 in the 130), known as "The County Code," authorizing the appoint­ City of Pittsburgh as the Eugene F. Scanlon Expressway. ment of a second deputy controller. Considered the second time and agreed to, Considered the second time and agreed to, Ordered, To be printed on the Calendar for third consider­ Ordered, To be printed on the Calendar for third consider­ ation. ation. SB 1705 (Pr. No. 2544) - The Senate proceeded to consid­ HB 1220 (Pr. No. 2633)-The Senate proceeded to consid­ eration of the bill, entitled: eration of the bill, entitled: An Act amending the act of July 28, 1953 (P. L. 723, No. 230), An Act amending the act of July 28, 1953 (P. L. 723, No. 230), entitled, as amended, "Second Class County Code," further pro­ known as the "Second Class County Code," further providing viding for the tax on hotel room rentals; and providing for appro­ for the powers and duties of the coroner; and making an editorial priations to tourist promotion agencies. change. Considered the second time and agreed to, Considered the second time and agreed to, Ordered, To be printed on the Calendar for third consider­ Ordered, To be printed on the Calendar for third consider­ ation. ation. BILL REREFERRED HB 1221 (Pr. No. 2634) - The Senate proceeded to consid­ SB 1711 (Pr. No. 2542) - The Senate proceeded to consid­ eration of the bill, entitled: eration of the bill, entitled: An Act amending the act of August 9, 1955 (P. L. 323, No. An Act providing for a port district in the southwestern portion 130), known as "The County Code," further providing for of the Commonwealth; establishing the Port of Pittsburgh Com­ ambulances and coroners; and making an editorial change. mission and providing for its powers and duties; establishing the Port Development Fund; and further establishing the Pittsburgh and agreed to, Considered the second time Regional Intermodal Freight Corporation. Ordered, To be printed on the Calendar for third consider­ ation. Upon motion of Senator LOEPER, and agreed to, the bill was rereferred to the Committee on Appropriations. HB 1289 (Pr. No. 4034) - The Senate proceeded to consid­ eration of the bill, entitled: BILL OVER IN ORDER An Act amending Title 42 (Judiciary and Judicial Procedure) SB 1715 - Without objection, the bill was passed over in of the Pennsylvania Consolidated Statutes, providing for product its order at the request of Senator LOEPER. liability actions; prohibiting concealment of public hazards; pro­ BILLS REREFERRED vidmg for comparative negligence actions on insurance policies; and providing for product liability and workplace safety. SB 1746 (Pr. No. 2422) - The Senate proceeded to consid­ Considered the second time and agreed to, eration of the bill, entitled: Ordered, To be printed on the Calendar for third consider­ An Act amending Title 24 (Education) of the Pennsylvania ation. Consolidated Statutes, establishing a health insurance account to be administered by the Public School Employees' Retirement BILLS OVER IN ORDER System; increasing contributions for certain employees; and SB 1350, 1379, 1380, 1381 and 1510 - Without objection, further providing for investment earnings of the Pennsylvania School Employees' Retirement Fund. the bills were passed over in their order at the request of Senator LOEPER. 2595 1990 LEGISLATIVE JOURNAL-SENATE committee to determine Upon motion of Senator LOEPER, and agreed to, the bill A Resolution providing for a special to promote economic development through the use of recy­ to the Committee on Appropriations. ways was rereferred cled material. No. 2543) - The Senate proceeded to consid­ SB 1763 (Pr. On the question, bill, entitled: eration of the Will the Senate adopt the resolution? prohibiting unconscionable pricing for certain fuel An Act SENATE RESOLUTION NO. 152, REREFERRED products; providing for enforcement and remedies; and confer­ ring powers and duties on the Attorney General. Senator LOEPER. Mr. President, I move that Senate Reso­ Committee on Appropri­ Upon motion of Senator LOEPER, and agreed to, the hill lution No. 152 be rereferred to the was rereferred to the Committee on Appropriations. ations. The motion was agreed to. BILLS OVER IN ORDER The PRESIDENT pro tempore. Senate Resolution No. 152 HB 1771, 2139, 2284, 2296 and 2428- Without objection, will be rereferred to the Committee on Appropriations. the bills were passed over in their order at the request of Senator LOEPER. UNFINISHED BUSINESS BILLS ON SECOND CONSIDERATION REPORTS FROM COMMITTEE AND REREFERRED Senator TILGHMAN, from the Committee on Appropri­ HD 2463 (Pr. No. 4213)-The Senate proceeded to consid­ ations, reported the following bills: eration of the bill, entitled: SB 1112 (Pr. No. 2585) (Amended) (Rereported) A Supplement to the act of (P. L. , No. ), entitled "Highway Supplement to the Capital Budget Act of 1990-1991," An Act amending Title 42 (Judiciary and Judicial Procedure) itemizing public highway projects to be constructed by the of the Pennsylvania Consolidated Statutes, further providing for Department of Transportation, together with the estimated the number of judges required in certain judicial districts. costs; authorizing the incurring of debt without the financial (Rereported) approval of the electors for the purpose of financing the projects HD 2556 (Pr. No. 4281) (Amended) Transportation; stating to be constructed by the Department of A Supplement to the act of (P. L. , No. ), entitled projects; and making appropri­ the estimated useful life of the "An act providing for the capital budget for the fiscal year 1990- ations. 1991," itemizing public improvement projects, furniture and assistance projects, flood Considered the second time and agreed to, equipment projects, transportation projects and redevelopment assistance projects to be con­ be printed for third consideration. control Ordered, To or acquired or assisted by the Department of General to, the hill structed Upon motion of Senator LOEPER, and agreed Services, the Department of Transportation, the Department of just considered was rereferred to the Committee on Appropri­ Environmental Resources or the Department of Community ations. Affairs, together with their estimated financial costs; authorizing the incurring of debt without the approval of the electors for the HB 2508 (Pr. No. 4216)-The Senate proceeded to consid­ purpose of financing the projects to be constructed or acquired or eration of the bill, entitled: assisted by the Department of General Services, the Department of Transportation, the Department of Environmental Resources of March 10, 1949 (P. L. 30, No. 14), An Act amending the act or the Department of Community Affairs; stating the estimated School Code of 1949," further providing known as the "Public useful life of the projects; making appropriations; and making operation and administration of the school for the continuation, repeals. for indigent orphans known as the Thaddeus Stevens State School of Technology in Lancaster, Pennsylvania in which shall he offered two-year postsecondary vocational-technical educa­ BILL REREFERRED tion programs; further providing for the factor for educational expenses and aid to small districts; providing for certain equip­ Senator SHUMAKER, from the Committee on Law and ment grants; and making a repeal. Justice, returned to the Senate HB 618, which was rereferred Considered the second time and agreed to, to the Committee on Rules and Executive Nominations. Ordered, To be printed for third consideration. Upon motion of Senator LOEPER, and agreed to, the bill CONGRATULATORY RESOLUTIONS just considered was rereferred to the Committee on Appropri­ laid before the Senate the ations. The PRESIDENT pro tempore following resolutions, which were read, considered and IN ORDER BILL OVER adopted: HB 2617 Without objection, the hill was passed over in Congratulations of the Senate were extended to Mr. and its order at the request of Senator LOEPER. Mrs. William Bartholomew, Mr. and Mrs. Joseph Kovacs, and Mrs. Ernest Gallucci, Mr. and Mrs. Paul Herman, SENATE RESOLUTION NO. 152, CALLED UP Mr. Marisa Henriquez, Jennifer Awad, Kristin Beidleman, called up from page Senator LOEPER, without objection, Jennifer Seyfried, Alex Edwards, Lindsey Funk, Amy Heller, entitled: 9 of the Calendar, Senate Resolution No. 152, M. J. Wursta, Raj Kannan, Jolie Somishka, Laura 2596 LEGISLATIVE JOURNAL-SENATE NOVEMBER 12,

Rothermel, Kristy O'Connor and to Sean Wolf by Senator Congratulations of the Senate were extended to Enid E. Afflerbach. Gantner by Senators Belan and Lincoln. Congratulations of the Senate were extended to Philip M. Congratulations of the Senate were extended to Mr. and Hof and to Lehigh Valley Chapter No. 7, Disabled American Mrs. David C. Crossman, Mr. and Mrs. James McGlynchey, Veterans by Senators Afflerbach and Reibman. Mr. and Mrs. Felix Pszegon, Mr. and Mrs. Fred Burkley, Mr. Congratulations of the Senate were extended to Harry A. and Mrs. Raymond W. Chatten, Mr. and Mrs. Anthony Slomski, Carl A. Slomski, Erie County Chapter of MADD, Daniel Baron, Mr. and Mrs. Lucas Sorzano, Mr. and Mrs. Zurn Energy Division of Erie and to the Northwest Pennsyl­ Vincent James Esposito, Mr. and Mrs. William McLaren, vania Chapter of American Guild of Patient Account Man­ Vincent M. lmperatrice, Dorothy M. Denza, Blanche Cowles, agement by Senator Andrezeski. First Baptist Church of Ridley Park, Holy Savior Church of Congratulations of the Senate were extended to Mr. and Linwood and to the Workmen's Circle Home of Media by Mrs. Harold E. Stumpf, Mr. and Mrs. Layser N. Shenk, Mr. Senator Bell. and Mrs. Frank B. Rineer, Mr. and Mrs. Raymond W. Congratulations of the Senate were extended to Mr. and Sauder, Mr. and Mrs. Earl Dunn, Mr. and Mrs. Cyril A. Mrs. Joseph Golovich, Keith Root, Mary Skerlong, John E. Smith, Mr. and Mrs. Henry W. Erisman, Sr., Mr. and Mrs. Fabec, Hermon Hill and to Carl Ferraro by Senator Bodack. Frank R. Aument, Mr. and Mrs. Thomas J. Barnett, Mr. and Congratulations of the Senate were extended to Mr. and Mrs. J. Parke Mellinger, Mr. and Mrs. Wayne Brubaker, Mr. Mrs. Warren Walker, Sr. and to Dr. Franklin K. Bergman by and Mrs. J. Donald Pierce, Mr. and Mrs. Albert B. Heiland, Senator Brightbill. Mr. and Mrs. Glenn Hipple, Mr. and Mrs. Elvin W. Irwin, Congratulations of the Senate were extended to Mr. and Mr. and Mrs. Lloyd Aukamp, Mr. and Mrs. Ammon S. Mrs. Harold Kemp, Mr. and Mrs. Jack Biddle, Mr. and Mrs. Kauffman, Mr. and Mrs. Morris Miller, Mr. and Mrs. Earl Glen Espigh, Mr. and Mrs. Lee Leister, Mr. and Mrs. Francis Houghton, Mr. and Mrs. Harvey Shoemaker, Mr. and Mrs. C. Stumpf, Mr. and Mrs. James Platzer, Mr. and Mrs. David Vernon R. Zimmerman, Mr. and Mrs. Paul S. Hilsher, Mr. Stimely, Mr. and Mrs. Caldwell Forsythe, David R. Meder, and Mrs. Lester A. Hostetter, Mr. and Mrs. J. Warren Herr, Marian Ungar Barash Coppersmith Fredman, Robert Woods Mr. and Mrs. Samuel E. Kauffman, Mr. and Mrs. Donald E. and to Dick Cable by Senator Corman. Barnett, Mr. and Mrs. George Garrett, Mr. and Mrs. Earl E. Congratulations of the Senate were extended to Mr. and Whiskeyman, Mr. and Mrs. Karl N. Haines, Mr. and Mrs. Mrs. Bruno Bemetti, Beth Ann Cannon, Jeffrey McLaughlin, Robert K. Brooks, Mr. and Mrs. Henry Souders, Mr. and Peg Loar, David Hahner, Andrea Brown, Evelyn Johnson Mrs. John W. Groff, Mr. and Mrs. Roy Groff, Mr. and Mrs. Brooks, Don Ireland, Cecilia Dilla, Hugh J. Brannan III and Harry G. Hess, Mr. and Mrs. William Busch, Mr. and Mrs. to Turtle Creek Valley Mental Health/Mental Retardation, Joseph Lyons, Mr. and Mrs. Donavin S. Gratz, Mr. and Mrs. Incorporated of Braddock by Senator Dawida. Robert W. Seislove, Mr. and Mrs. Willis Binkley, Mr. and Congratulations of the Senate were extended to Herbert Mrs. Jacob W. Heisey, Mr. and Mrs. Harold Quickel, Mr. Lockings and to William A. Watson by Senator Fattah. and Mrs. Charles M. Long, Helena Lichty, Teressa Congratulations of the Senate were extended to Officer Nunemaker, Sherry Blauch, Mike Berkeihiser, Bradley A. James Howell, David Kendall Frattare and to Baldwin High Plotner, Elmer W. Kreiser, Andrew J. Piefer, Major Charles School Girls Softball Team of Pittsburgh by Senator Fisher. D. Rickerhauser, Jai Piek, Pequea Brethren in Christ Church Congratulations of the Senate were extended to Franco of Lancaster, Bethel AME Church of Lancaster, Maytown Giordano and to G. Fred DiBona by Senator Furno. Reformed United Church of Christ, Union Fire Company Congratulations of the Senate were extended to Mr. and No. I of Lancaster, Refton Community Fire Company, Mrs. Jacob Adam Kass, Mr. and Mrs. Clement N. Scalfaro, Hershey and Gibbet Managing General Agents of Lancaster, Donald W. Scheuer, Jr., William Sprinzing, Romeo Mass­ Saint Peter's Lutheran Church of Lancaster, Lancaster Loyal ucci, Harry L. Reiter, Helen Scofield Boren and to Elisabeth Order of Moose Lodge No. 299, Christ United Methodist Harriman Rees Helveston by Senator Greenleaf. Church of Lancaster and to the Lititz Women's Club by Congratulations of the Senate were extended to Mr. and Senator Armstrong. Mrs. Albert Creger, Todd Wright, Justin James Bakule, Kent Congratulations of the Senate were extended to Ryan Van Hom, Michael Jay Thim and to Richard Wessner by Nagle, John P. Greenauer, Vincent DiAntonio, Frank W. Senator Greenwood. Guthridge and to Macy C. Howse Elementary School of West Congratulations of the Senate were extended to Mr. and Chester by Senator Baker. Mrs. A. Elwood Hileman, Mr. and Mrs. John Godek, Mr. Congratulations of the Senate were extended to Mr. and and Mrs. Marlin R. Keller, Mr. and Mrs. Charles E. Ranck, Mrs. Paul Turocy, Mr. and Mrs. Nick Gramatikos, Mr. and Mr. and Mrs. Anthony Nestico, Mr. and Mrs. Victor Karycki, Mrs. Herbert Johnson, Tillie Kudlik, Elida Como, Jane King, Mr. and Mrs. Anthony Markowski, Mr. and Mrs. William Anthony P. DeJulius, Joseph Salvino and to Saint Nicholas Kramer, Mr. and Mrs. Robert Mcclintock, Mr. and Mrs. Russian Orthodox Church of Duquesne by Senator Belan. Francis J. Seigel, Mr. and Mrs. Elmer Z. Stroh, Mr. and Mrs. Congratulations of the Senate were extended to Matt Falce Harold M. Nevius, Mr. and Mrs. Barney A. Strohecker, Mr. and to the citizens of Munhall Borough by Senators Belan and and Mrs. Harold Eldridge, Mr. and Mrs. Arthur Reitz, Mr. Dawida. 1990 LEGISLATIVE JOURNAL-SENATE 2597 and Mrs. John R. Sechrist, Sr., Mr. and Mrs. Guy Klinger, Manuel, John J. Gorman, Sr., John Stanley, James E. Mr. and Mrs. Wressing Hanan, Mr. and Mrs. George C. Spencer, Anthony R. Celia, Past Grand Knight Aaron F. Walter, Mr. and Mrs. Joseph Washwell, Mr. and Mrs. Jack Cubbage, Friendship Circle Senior Center of Delaware Beagle, Mr. and Mrs. Orville Fritz, Mr. and Mrs. Harry County and to the Delaware County Women's Commission Linsinbigler, Mr. and Mrs. Howard Gething, Mr. and Mrs. by Senator Loeper. Leland Parker, Mr. and Mrs. Paul Dreher, Mr. and Mrs. Congratulations of the Senate were extended to James Michael Anderson, Mr. and Mrs. Raymond Martz, Haydn Garzone, Sr. by Senator Lynch. Kuprevich, Dale Kessler, Bill Haas, Marlin A. Inch, Gregory Congratulations of the Senate were extended to Mr. and Alton Hood, Tony Cerminaro, Walter E. Shaffer, Ryan Mrs. Tracey MacNeal, Mr. and Mrs. Frank Fenstermacher, Michael Kerstetter, Matthew Warren Charnosky, Aaron John Mr. and Mrs. Ralph H. Barto, Mr. and Mrs. E. William Golumbfskie, Susan Robishaw, Marion Keithan, Beatrice Sjostrom, Mr. and Mrs. Donald Schrader, Mr. and Mrs. Kuenseler, First United Methodist Church of Kulpmont, Robert Paulhamus, Mr. and Mrs. John N. Hammer, Mr. and Trinity Evangelical Lutheran Church of Shamokin, Berwick Mrs. Robert B. Ward, Mr. and Mrs. Willard F. DeWalt, Mr. Pennsylvania Corps of the Salvation Army, All Saints and Mrs. J. W. Harshman, Mr. and Mrs. Elvin Miller, Mr. Evangelical Lutheran Church of Kulpmont and to Saint and Mrs. Henry C. Glenn, Mr. and Mrs. Millard Ammerman, Francis Beneficial Society of Shamokin by Senator Helfrick. Mr. and Mrs. Herbert L. Beaver, Mr. and Mrs. LaRue Congratulations of the Senate were extended to Mark J. Pepperman, Mr. and Mrs. Merlin 0. Vollman, Mr. and Mrs. Tauzin by Senator Hess. Stanley Kujawa, Mr. and Mrs. Gregory Nezzo, Mr. and Mrs. Congratulations of the Senate were extended to Horace S. Charles A. Fry, Mr. and Mrs. Forrest Shaw, Mr. and Mrs. Madtes, Jr., Ellen Agnes Steiner, Ellis Kriebel and to Floyd Lee Rathmell, Mr. and Mrs. Harry B. Taylor, Jr., Mr. and Alderfer by Senator Holl. Mrs. Jacob R. Bricks, Mr. and Mrs. Woodrow T. Shultz, Mr. Congratulations of the Senate were extended to Michael D. and Mrs. Elwood Hoover, Mr. and Mrs. W. Louis Calehuff, Marino by Senators Holl, Greenleaf and Tilghman. Mr. and Mrs. Kenneth E. Buttorff, Mr. and Mrs. Dwight Congratulations of the Senate were extended to Vance F. Freeman, Mr. and Mrs. Romain Harer, Mr. and Mrs. Carl I. Rigling, Brandt L. Cook and to Esther Sipe Hempt by Weigle, Mr. and Mrs. F. Burrell Troxell, Lisa Jane Reed and Senator Hopper. to the citizens of the Borough of Sayre by Senator Madigan. Congratulations of the Senate were extended to Hazel Ellis Congratulations of the Senate were extended to Drew Mitchell, Emma L. Woods, Rachel T. Waters, Donna Ford, Marcinkevich, Jeffrey Bugno, John F. Kalafut, Andrew J. Lorenzo Cruger, Ruth Wright Hayre and to Onah C. Weldon Dzuris, Very Reverend Nestor S. Kowal, Paul A. Ferraro, by Senator Jones. Lithuanian Beneficial Association of Scranton, Jessup Congratulations of the Senate were extended to Mr. and Carbino Club, Myrtle Street United Methodist Church of Mrs. Joseph Beale, Mr. and Mrs. Edward Price and to Scranton and to the Ukrainian Fraternal Association of Asbury United Methodist Church of Altoona by Senator Scranton by Senator Mellow. Jubelirer. Congratulations of the Senate were extended to Mr. and Congratulations of the Senate were extended to Mr. and Mrs. Joseph Rava, Charles McGlynn, Anthony Dougalas, Mrs. Dominick Rostock, Mr. and Mrs. Jack Brody, Mr. and Betty Searfoss, Anthony Pikaitis, Contilia Mazzapicchi, Mrs. Ernest Michelfelder, Mr. and Mrs. Joseph Bianco, Mr. Sister Mary Vianney and to the citizens of Pittston Township and Mrs. John Rebar, Reverend and Mrs. Rowland N. by Senator Musto. Wilkinson, Mr. and Mrs. William Rifenbery, Mr. and Mrs. Congratulations of the Senate were extended to the Culture Arthur Em pet, Mr. and Mrs. Anthony P. Turel, Sr., Mr. and Heritage Society of Northeastern Pennsylvania by Senators Mrs. John Fielding, Mr. and Mrs. Thomas E. Cease, Mr. and Musto and Lemmond. Mrs. Joseph Lukavitch, Sr., Mr. and Mrs. Philip Yeager, Mr. Congratulations of the Senate were extended to Beverly and and Mrs. Joseph Wolfe, Mr. and Mrs. Russell V. Bergman, Harry Braun, Jr., Harry W. Hoffman, Jr., Fern Styer, Blythe Evans, Angelina Talerico, Albert May, Rachel Singer, Correll Sturgis, Village Library of Morgantown, Pennsyl­ Mary G. King, Jamie Saunders, William A. Burke III, vania Science Teachers Association and to the Boyertown Winona Kilmer, Septima Meyers and to Mehoopany Method­ Detachment, Marine Corps League by Senator O'Pake. ist Congregation by Senator Lemmond. Congratulations of the Senate were extended to Mr. and Congratulations of the Senate were extended to Justin Mrs. Elmer Hoener, William A. Johnston, Rinaldo J. Secola Nelson, Children of Aging Parents of Levittown and to the and to Plum Borough School District of Pittsburgh by citizens of Bristol Borough by Senator Lewis. Senator Pecora. Congratulations of the Senate were extended to Mr. and Congratulations of the Senate were extended to Ella Keith, Mrs. Stephen Rumancik, Frances Marie Maiese, Jeffrey James Dennis Brady and to James W. Long by Senator Hoffman and to Scottdale Public Library by Senator Lincoln. Peterson. Congratulations of the Senate were extended to Mr. and Congratulations of the Senate were extended to Ronni Mrs. Daniel A. Hoffman II, Mr. and Mrs. William Cloak, Hannaman by Senator Peterson and others. Jeffrey J. Echternach, Stephen R. Tarbotton, Raymond 2598 LEGISLATIVE JOURNAL-SENATE NOVEMBER 12,

Congratulations of the Senate were extended to Mr. and Reverend and Mrs. Joseph T. Brownlee, Mr. and Mrs. John Mrs. Robert A. Miller, Mr. and Mrs. Joseph Medaglio, E. Miller, Mr. and Mrs. Clarence Lewis, Mr. and Mrs. John Charles W. Breitsman, Ann O'Neill, Peter James Boyle, Walchesky, Mr. and Mrs. Louis Mrozek, Mr. and Mrs. Herbert Guyer, Katherine Mabis McKenna Foundation of William A. DiCuccio, Mr. and Mrs. Samuel J. Rainey, Mr. Latrobe and to Scottdale Public Library by Senator Porter­ and Mrs. Kenneth E. Bauman, Mr. and Mrs. Clarence T. field. Henricks, Mr. and Mrs. D.R. McKindree, Mr. and Mrs. Paul Congratulations of the Senate were extended to William M. Birckbichler, Mr. and Mrs. Merle Bauldoff, Mr. and Mrs. George by Senator Porterfield and others. Thomas Boettner, Mr. and Mrs. Joseph Edward Johnson, Congratulations of the Senate were extended to Peter Mr. and Mrs. Earl Ripper, Scott R. Holman, Dr. Larry R. Steven Kolva, Harold L. Logan, Andrew David Yoder, Dis­ Cobb, Dr. Robert W. Arnhold, Jr., Kathleen Norante, Peter tributive Education Clubs of America Chapter of the Franklin J. Standish, Stella I. Emrick and to Samuel Smith by Senator County Area Vocational-Technical School and to the Shaffer. Gettysburg Senior High School Marching Band by Senator Congratulations of the Senate were extended to Mr. and Punt. Mrs. Norman Lipsett, Mr. and Mrs. Joseph M. Potami, Mr. Congratulations of the Senate were extended to the North and Mrs. Samuel Huffman, Sr., Mr. and Mrs. Herman C. Hills Youth Ministry of Pittsburgh by Senator Rego Ii. Corsnitz, Mr. and Mrs. Samuel H. Weaver, Mr. and Mrs. Congratulations of the Senate were extended to Mr. and Marlin Shoop, Philip J. Lucia, Anna D. Fisher, Shirley Lock­ Mrs. Horace Lester Brewer, Mr. and Mrs. Aubrey Bougher, hart, Ruth Naomi Kauffman Stine, 0. Frank de Garcia, Ronald and Ann Frantz, R. Nancy Haley, John Schweder, Miriam G. Menaker, Ethel Hays, Margaret Henery, Robert Glendon United Methodist Church, Exchange Club of Easton E. Shuey, John Harris High School Class of 1940 and to and to The Easton Home by Senator Reibman. United States Naval Reserve Battalion 4-6 of Harrisburg by Congratulations of the Senate were extended to Mr. and Senator Shumaker. Mrs. William Selgrath, Mr. and Mrs. Edward S. Lipiec, Mr. Congratulations of the Senate were extended to the Robert and Mrs. Frank Prehotsky, Mr. and Mrs. John S. Wenzel, D. Hanson Eagle Scout Class by Senators Shumaker, Hopper Mr. and Mrs. Albert Zinn, Mr. and Mrs. Herbert Rothermel, and Punt. Mr. and Mrs. Leroy Miller, Mr. and Mrs. Joseph A. Congratulations of the Senate were extended to Mr. and Brommer, Mr. and Mrs. William S. Solt, Mr. and Mrs. Mrs. Edward Golla, Mr. and Mrs. Elmer Leamer, Mr. and Vincent James Gallagher, John Sullivan, Margaret W. Wells, Mrs. Ward Bush, Mr. and Mrs. August Pella, Mr. and Mrs. Nancy Perretta, Robert J. Bylone, Jr., Stanley J. Zuba, Dr. Kenneth Kunkle, Mr. and Mrs. Russel Altheide, Mr. and Mrs. Salvatore Illuzzi, Arthur Krammes, Donald Wike, Mary John G. Fetchko, Mr. and Mrs. William Ash, Mr. and Mrs. Shields, Ryan Township Fire Company of Barnesville, Ryan William Weber, Colonel and Mrs. Harold J. Nycum, Mr. and Township Emergency and Rescue Squad, Incorporated, Eco­ Mrs. Jesse Gamble, Mr. and Mrs. Thomas Fetterman, Mr. nomic Opportunity Cabinet of Schuylkill County, Incorpo­ and Mrs. Eddie Veronesi, Mr. and Mrs. Clarence R. Snyder, rated, Carbon County Head Start Program and to the Jr., Mr. and Mrs. Casmer Yanity, Mr. and Mrs. Edward Pottsville Gymnastic Training Center by,Senator Rhoades. Stumpf, Mr. and Mrs. John Barker and to Sue E. Myers by Congratulations of the Senate were extended to Mr. and Senator Stapleton. Mrs. Alex F. Stanton and to Mr. and Mrs. Andrew J. Farrell Congratulations of the Senate were extended to Beatrice L. by Senator Rocks. States by Senators Stapleton and Porterfield. Congratulations of the Senate were extended to .Presenta­ Congratulations of the Senate were extended to Reverend tion BVM Parish of Cheltenham by Senators Rocks and Tom Russell and to Yvonne Patz by Senator Stewart. Greenleaf. Congratulations of the Senate were extended· to Mr. and Congratulations of the Senate were extended to Michael Mrs. Andy Check, Mr. and Mrs. Peter P. Chekosky, Mr. and and Lela Layman, Cantor Daniel Gildar, Andrew H. Mrs. Benjamin A. Elia, Mr. and Mrs. Louis Yenko, Mr. and Dockwell and to Dr. Bernard Solis Frank and Temple Beth Mrs. Denis A. Meighen, Mr. and Mrs. Andrew Rodsky, Mr. Torah of Philadelphia by Senator Salvatore. and Mrs. Alvin Chipps, Mr. and Mrs. Stephen J. Malik, Mr. Congratulations of the Senate were extended to Mr. and and Mrs. Robert Moninger, Mr. and Mrs. William S. Ireland, Mrs. James L. Faber, Mr. and Mrs. Dominic Caminite, Mr. Mr. and Mrs. Lester Inghram, Mr. and Mrs. Francis and Mrs. Marlin D. Sarvey, Mr. and Mrs. Gene Oesterling, Scheider, Mr. and Mrs. A. Kendall Johnson, Mr. and Mrs. Mr. and Mrs. George P. Joseph, Mr. and Mrs. Edward Jim Cerenzia and to Mr. and Mrs. Pete Busti, Sr. by Senator Sickels, Mr. and Mrs. Adolfo A. Angiolieri, Mr. and Mrs. Stout. Howard S. Macurdy, Mr. and Mrs. Delmar Dunlap, Mr. and Congratulations of the Senate were extended to Mr. and Mrs. Roland Meeder, Mr. and Mrs. Luther Alkire, Mr. and Mrs. Sidney Lieberman, Justin B. Walzl, John Krimes, Mrs. Meade Shannon, Mr. and Mrs. Raymond Reynolds, Mr. Clinton E. Hill, Jeff Kochubka, Todd Wolownik and to and Mrs. Joseph Andres, Mr. and Mrs. John Olexa, Mr. and Willis M. Houck by Senator Wenger. Mrs. Ray Ciampoli, Mr. and Mrs. Stanley J. Majocka, Mr. Congratulations of the Senate were extended to Carole A. and Mrs. Elery Cypher, Mr. and Mrs. J. Grant Schmid, Statham by Senator Williams. 1990 LEGISLATIVE JOURNAL-SENATE 2599

CONDOLENCE RESOLUTIONS Brigadier Generals, Adolph Hearon and James T. White· The· PRESIDENT pro tempore laid before the Senate the head, Jr. and Colonels following resolutions, which were read, considered and Donald E. McAuliffe and adopted: Walter L. Stewart, Jr. and Condolences of the Senate were extended to the family of Senate Resolution No. 196) the late Dr. Dominic A. Donio by Senator Afflerbach. 11:30 A.M. JUDICIARY (to consider Room 8E-B Condolences of the Senate were extended to the family of House Bills No. 251 and Hearing Room the late David L. Broderic, the family of the late Robert 1903 and nomination of East Wing Rodale and to the family of the late John H. Anspach by David Ward Murphy, Judge Senator Brightbill. Court of Common Pleas, Condolences of the Senate were extended to the family of Allegheny County) the late Henry F. Hope by Senator Greenleaf. Condolences of the Senate were extended to the family of 11:30 A.M. LOCAL GOVERNMENT Room 460 the late Wade Allen Stallings by Senator Jones. (to consider House Bills 4th Floor Condolences of the Senate were extended to the family of No. 444 and 1361 and any North Wing the late Gordon D. Williams by Senator Jubelirer. other business to come Condolences of the Senate were extended to the family of before the committee) the late Mary Lorraine Valenti by Senator Musto, 12:30 P.M. BANKING AND INSURANCE Room 461 Condolences of the Senate were extended to the family of (to consider Senate Bill 4th Floor the late Dennis J. Nicholson by Senator Tilghman and others. No. 1543) North Wing

POSTHUMOUS CITATION 1:45 P.M. APPROPRIATIONS (to Rules Committee consider Senate Bill No. Conference Room The PRESIDENT pro tempore laid before the Senate the 1711 and House Bills No. following citation, which was read, considered and adopted: 365, 1038, 2463 and 2508) A posthumous citation honoring the late Dora Weiskerger WEDNESDAY, NOVEMBER 14, 1990 was extended to Andrew Weiskerger by Senator Musto. 10:00 A.M. ENVIRONMENTAL Room 461 RESOURCES AND ENERGY 4th Floor BILLS ON FIRST CONSIDERATION (to consider House Bill North Wing Senator WENGER. Mr. President, I move the Senate do No. 232) now proceed to consideration of all bills reported from com­ 1:30 P.M. CONSUMER PROTECTION Room 8E-B mittees for the first time at today's Session. AND PROFESSIONAL Hearing Room The motion was agreed to. LICENSURE (Public Hearing- East Wing The bills were as follows: on the nomination of Wendell HB 235, 267, 507, 560, 876 and 2557. F. Holland as a member of the Public Utility Commission) And said bills having been considered for the first time, Ordered, To be printed on the Calendar for second consid- ADJOURNMENT eration. Senator LOEPER. Mr. President, I move the Senate do ANNOUNCEMENTS BY THE SECRETARY now adjourn until Tuesday, November 13, 1990, at 2:00 p.m., Eastern Standard Time. of The following announcements were read by the Secretary The motion was agreed to. the Senate: The Senate adjourned at 6:55 p.m., Eastern Standard SENATE OF PENNSYLVANIA Time. COMMITTEE MEETINGS TUESDAY, NOVEMBER 13, 1990 10:30 A.M. EDUCATION (to consider Room 461 House Bill No. 1861) 4th Floor North Wing

10:30 A.M. MILITARY AND Room 460 VETERANS AFFAIRS 4th Floor (to consider the National North Wing Guard nominations of