COMMONWEALTH OF PENNSYLVANIA 1fiegislatifte mournal

TUESDAY, JANUARY 3,1995

SESSION OF 1995 179TH OF THE GENERAL ASSEMBLY No.1

SENATE The PRESIDENT. The Chairthanks Reverend Pattillo, who is the guest today of Senator Jubelirer. TUESDAY, January 3, 1995 PRESENTATION OF ELECTION RETURNS The PRESIDENT. This is the constitutional day and hour for the convening ofthe 179th Regular Session ofthe General The PRESIDENT. At this time, the Chair recognizes the Assembly. Sergeant-at-Arms. The SERGEANT-AT-ARMS. Mr. President, I have the The PRESIDENT (Lieutenant Governor Mark S. Singel) honor to present the Deputy Secretai)' of the Commonwealth, called the Senate to order at 12:00 m., Eastern Standard Time. Iris Foggs-Wilcox. Deputy Secretai)' FOGGS-WILCOX. Mr. President, on PRAYER behalf of the Secretary of the Commonwealth, Robert N. The Chaplain, Reverend GWENDOLYN PATTILLO, of Grant, I have the honor of presenting to you today the Altoona, offered the following prayer: November 8, 1994 election returns for the offices ofGovernor, Lieutenant Governor, and Senator in the General Assembly, Let us bow our heads. along with the corresponding campaign expense reporting o universal spirit of love, truth, and peace, called many compliance certifications for those offices. different names by many different people, search the hearts The PRESIDENT. The Chair thanks Secretary Foggs­ and minds of those whose actions during this 179th Session Wilcox. shall impact the quality of life of so many who are unknown to them, and empower this august body with compassion, ELECTION RETURNS FOR GOVERNOR AND integrity, and high moral values. When they reach crossroads LIEUTENANT GOVERNOR LAID ON TABLE or corne to impasses in their decisionrnaking process, may they The PRESIDENT. The returns for the election of the be guided by a sense of responsibility and courageous, Governor and Lieutenant Governor will lie on the table. compassionate, constructive compromise and not by personal ambition, that they do not become self-serving but sensitive to RETURNS OF ELECTION OF SENATORS the universal needs relative to basic human dignity, the realization of potential, and survival. The PRESIDENT. The Clerk will read the returns. In any form ofgovernment there must be governance ofthe The Clerk read the election returns as follows: self as preparation for governance of the people. May Your SECOND SENATORIAL DISTRICT eternal light illuminate theirthoughts and interactions that they Philadelphia Tina Tartaglione (D)* 31,080 may keep in step with reality. May the good from the past be Bruce S. Marks (R) 30,687 preserved for the benefit ofmankind as they build the heritage FOURTII SENATORIAL DISTRICT for the future. Bearing in mind the words ofthe third President Philadelphia Allyson Y. Schwartz (D) 58,158 ofthese United States, Thomas Jefferson, and I quote: "Though Tom Scott (R) 12,435 the will ofthe majority is in all cases to prevail, that will to be SIXTII SENATORIAL DISTRICT rightful must be reasonable that the minority possesses their Bucks Robert Tommy Tomlinson (R) 34,063 equal rights, which equal law must protect." John F. Cordisco (D) 26,109 In looking back over the year, may this body feel a sense Joseph W. Killian, Jr. (L) 3,120 of pride in humanitarian accomplishments, and as they would EIGHTII SENATORIAL DISTRICT wish for others to do unto them, may they do also. As we Philadelphia Hardy Williams (D) 39,247 stand on the threshold of this new year of debate and Fatima Williams (R) 8,926 legislation, may all who hold positions adhere to high TENTII SENATORIAL DISTRICT principled deliberation. May justice, wisdom, and mercy Bucks David W. Heckler (R) 52,110 undergird each decision. Imbue and direct their energy toward Susan E. Hauser (D) 22,961 fair play, commitment, and vision. Amen. 2 LEGISLATIVE JOURNAL - SENATE JANUARY 3,

lWELFTII SENATORIAL DISTRICT FORTY-EIGHTH SENATORIAL DISTRICT Montgomery Stewart 1. Greenleaf (R) 57,628 Lebanon David 1. Brightbill (R) 45,326 Anthony Repici (D) 19,470 Kathleen Hughes Manzella (D) 23,069 Keimeth H. Jacobine (L) 3,773 William D. Saylor (P) 2,045 FOURTEENTH SENATORIAL DISTRICT FIFTIETII SENATORIAL DISTRICT Luzerne Raphael J. Musto (D) 41,656 Mercer Robert D. Robbins (R) 46,683 John M. Ford (R) 21,173 Daniel H. McFarling (L) 869 ·Party Designation - (D)Democrat, (R)Republican, (L)Libertarian, (I)Independent, SIXTEENTH SENATORIAL DISTRICT (p)patriot Lehigh Roy C. Afflerbach (D) 29,786 Bob Smith (R) 27,643 Whereupon, the following named persons were declared duly elected Senators in the General Assembly of the EIGHTEENTH SENATORIAL DISTRICT Northampton Joseph M. Uliana (R) 31,290 Commonwealth of Pennsylvania: Robert Freeman (D) 31,149 Second District-Tina Tartaglione lWENTIETH SENATORIAL DISTRICT Fourth District-Allyson Y. Schwartz Luzerne Charles D. Lemmond, Jr. (R) 49,549 Sixth District-Robert Tommy Tomlinson lWENTY-SECOND SENATORIAL DISTRICT Eighth District-Hardy Williams Lackawanna Robert J. Mellow (D) 50,734 Tenth District-David W. Heckler Edward Zitterman (R) 23,525 Twelfth District-Stewart J. Greenleaf TWENTY-FOURTII SENATORIAL DISTRICT Fourteenth District-Raphael J. Musto Montgomery Edwin G. Holl (R) 47,144 Sixteenth District-Roy C. Afflerbach Tom M. Warms (D) 22,147 Eighteenth District-Joseph M. Uliana TWENTY-SIXTH SENATORIAL DISTRICT Twentieth District-eharles D. Lemmond, Jr. Delaware F. Joseph Loeper (R) 57,987 Twenty-second District-Robert J. Mellow Debbie Thomas (D) 22,942 Twenty-fourth District-Edwin G. Holl lWENTY-EIGHTH SENATORIAL DISTRICT Twenty-sixth District-F. Joseph Loeper York Dan Delp (R) 38,095 Twenty-eighth District-Dan Delp Mike Bortner (D) 27,934 Thirtieth District-Robert C. Jubelirer Thirty-second District-Richard A. Kasunic THIRTIETH SENATORIAL DISTRICT Blair Robert C. Jubelirer (R) 44,391 Thirty-fourth District-J. Doyle Corman Gregory Ned Kough (D) 21,229 Thirty-sixth District-Noah W. Wenger Thirty-eighth District-Leonard J. Bodack THIRTY-SECOND SENATORIAL DISTRICT Fayette Richard A. Kasunic (D) 42,455 Fortieth District-Melissa A. Hart Mike Frick (R) 27,190 Forty-second District-Jack Wagner Forty-fourth District-Jim Gerlach TInRTY-FOURTII SENATORIAL DISTRICT Centre 1. Doyle Corman (R) 45,073 Forty-sixth District-J. Bany Stout John J. Elnitski (D) 18,665 Forty-eighth District-David J. Brightbill Fiftieth District-Robert D. Robbins THIRTY-SIXTH SENATORIAL DISTRICT Lancaster Noah W. Wenger (R) 52,630 STATEMENT BY THE PRESIDENT TIllRTY-EIGHTH SENATORIAL DISTRICT The PRESIDENT. For the record, the Chair has been Allegheny Leonard 1. Bodack (D) (R) 54,721 Gene Baynes (L) 4,845 informed by the Secretary of the Commonwealth that all the Senators-elect have filed in his office the accounts and FORTIETH SENATORIAL DISTRICT affidavits as required by the Act of June 3, 1937, P.L. 1333, Allegheny Melissa A. Hart (R) 59,212 Elaine Napper (D) 25,963 Section 1632. Drew Ley (I) 1,151 Before proceeding with the administration of the oaths of office, the Chair would ask the indulgence of all of the guests FORTY-SECOND SENATORIAL DISTRICT and spectators and photographers, particularly the news Allegheny Jack Wagner (D) 49,253 photographers, to allow us to proceed with the ceremonies in FORTY-FOURTH SENATORIAL DISTRICT as orderly a fashion as possible. We ask that during the actual Chester Jim Gerlach (R) 44,331 ceremony that no photographs be taken. We will provide Barry F. Robertson (D) 17,366 Carolann Hill (L) 4,018 opportunities after the administration of the oaths to take the types of candid photos that you will be seeking, but we ask FORTY-SIXTH SENATORIAL DISTRICT that you do not disrupt the ceremony during the actual Washington 1. Barry Stout (D) 53,636 James 1. Benedict (R) 20,149 administration of the oaths. We ask that the Senators stay at the bar for a few minutes afterwards and we will arrange for those photographs while the rest of us are at ease. 1995 LEGISLATIVE JOURNAL - SENATE 3

Would all ofthe other Members please be seated and all the ADMINISTRATION OF OATH OF OFFICE spectators please be seated so we could pause for a few The PRESIDENT. The next order of business will be the photographs at this time. Would the Members of the Senate administration of the oath of office to the newly elected who have just been sworn in remain at the bar and present Senators. It is a distinct honor and privilege to have with us themselves for photographs to family and friends and inquiring today President Judge James Gardner Colins and Judge Sandra news photographers. Shultz Newman, both from the Commonwealth Court of The Senate will be at ease. PennsyIvania. (The Senate was at ease.) These jurists have kindly consented to come here today to The PRESIDENT. Would the Senators please take your administer the oaths of office to our Senators-elect and to the seats. officers of the Senate in accordance with Article VI, Section Would those in the center aisle please clear out ofthe center 3, of the Constitution of Pennsylvania. aisle and return to your seats - photographers, family, friends. We will now proceed to the administration of the oath of The next order ofbusiness will be the administration ofthe office to the Republican Senators-elect by Judge Newman. oath of office to the Democratic Senators-elect by Judge Will the Republican Senators-elect present themselves in Colins. Will all ofthe Democratic Senators-elect please present front of the rostrum, and please bring with you the Bibles that themselves in front ofthe rostrum, and again, bring with you have been placed at your desks. your Bibles that have been placed on your desks. An unnerving amount of Republicans, do you not think? I have the honor of presenting Judge Colins, who will (Laughter.) administer the oath ofoffice to the Democratic Senators-elect. Would you please rise. Would all of those present please Judge Colins. Would you please rise. rise. Judge COLINS. Thank you. In my brieftenure as President I have the honor of presenting Judge Newman, who will Judge, before coming here I had already realized or learned now administer the oath of office to the Republican that Judge Newman is a very difficult act to follow, so I will Senators-elect. be vel)' brief here. Judge Newman. I just wish you strength and health in the upcoming year to Judge NEWMAN. Okay, I first want to say a few words perform your duties. and to say that I greet some vel)' near and dear friends and Would you please place your left hands on the Bible and some new friends here, and to say I wish you all luck in your raise your right hands and repeat after me: new 4-year elected positions, starting on this 3rd day of I, (your name), do solemnly swear that I will support, obey, January, 1995. and defend the Constitution of the United States and the Thanks to the framers of our Constitution, the Federal Constitution of this Commonwealth, and that I will discharge Constitution draws a sharp line in the duties of State and the duties of my office with fidelity. Federal governments. The 10th Amendment gives the States Congratulations to you all. jurisdiction in areas reserved for them. The powers which are (Applause.) not delegated to the national government by the Constitution The PRESIDENT. Once again, would the Senators and all nor prohibited by it to the States are reserved to the States, to guests please be seated for a few moments so that we can the people. You best deal with the problems of our people of indulge for a few photographs. Pennsylvania. You are not remote, you are directly concerned. The Senate will be at ease. These duties are owed to the citizens of Pennsylvania. It is to (The Senate was at ease.) these whom you give your public service. As has been said, The PRESIDENT. Will all the Members of the Senate nothing could so far advance the cause offreedom as for State please take your seats. officials to assert their rightful claims to lost State power. NOTIFICATION OF SPECIAL CEREMONY I pray that both parties work together for the betterment of the 67 counties in Pennsylvania and for all the people. I wish The PRESIDENT. The Chair wishes to announce at this you all a productive New Year, and good health to you and time that the oath of office was administered to the Honorable your families. Robert C. Jubelirer on November 29, 1994, so that he could Now will you please raise your right hands: assume the duties of interim President pro tempore in I, (your name), do solemnly swear that I will support, obey, accordance with Section 44 of the Act No. 428, Session of and defend the Constitution of the United States and the 1959. Constitution of this Commonwealth, and that I will discharge The transcript of these proceedings will be entered in the the duties of my office with fidelity. Legislative Journal at this time. I congratulate you all, and I might add when we are sworn (l'he following is the transcript ofthe administration ofthe in as judge, it says so long as you shall behave yourself. oath ofoffice.) Thank you. (Applause.) The PRESIDING OFFICER (Senator J. William Lincoln) in the Chair. The PRESIDENT. Would the Senators remain at the bar. 4 LEGISLATIVE JOURNAL - SENATE JANUARY 3,

RETIJRNS OF ELECTION OF SENATOR AS SENATOR The PRESIDING OFFICER. The Chair acknowledges receiving The PRESIDING OFFICER. Will Senator-elect Robert C. the certified election returns from the Secretary ofthe Commonwealth Jubelirer present himself at the bar of the Senate. for the 30th Senatorial District. The Chair has also been infonned by We are pleased to have with us today Judge Richard Lewis ofthe the Secretary of the Commonwealth that Senator-elect Robert C. Court ofCommon Pleas ofDauphin County, who will administer the Jubelirer has also fIled the accounts and affidavits as required by the oath of office to Senator-elect Robert C. Jubelirer. Act of June 3, 1937, Public Law 1333, Section 1632. Will everyone please rise. The Clerk read the returns as follows: I now present Judge Lewis. Judge LEWIS. Thank you, Senator. COMMONWEAL111 OF PENNSYLVANIA Senator Jubelirer, are you ready to take the oath of office? TO illSEXCELLENCY, THE LIEUTENANT GOVERNOR OF THE Senator-elect JUBELIRER. I am. Judge LEWIS. Senator, would you put your left hand on the COMMONWEAL111 OF PENNSYLVANIA, AND THE MEMBERS Bible, mise your right hand and repeat after me, using your name or OF THE SENATE OF THE GENERAL ASSEMBLY OF THE "I" in response: COMMONWEAL11I OF PENNSYLVANIA, I, Robert C. Jubelirer, do solemnly swear that I will support, GREETINGS: obey, and defend the Constitution of the United States and the Constitution of the Commonwealth of Pennsylvania, and that I will I have the honor to present the official results from the Geneml discharge the duties of my office as Senator with fidelity. Election held November 8, 1994, from the various county boards of Congmtulations. elections for the Office of Senator in the Geneml Assembly of the Senator JUBELIRER. Thank you, Your Honor. Thirtieth District of the Commonwealth of Pennsylvania, which remain of record in my office: ADMINISTRATION OF OATH OF OFFICE AS INTERIM PRESIDENT PRO TEMPORE Robert C. Jubelirer Republican The PRESIDING OFFICER. If you all would remain standing, Bedford County 10,442 we will now proceed to the administration of the oath of office to Blair County 23,922 Senator Jubelirer to serve as interim President pro tempore of the Fulton County 2,755 Senate until January 3, 1995. Senator Jubelirer was elected as interim Huntingdon COlll1ty 7,272 President pro tempore last Monday. I, again, present Judge Lewis. Therefore, Robert C. Jubelirer, having received 44,391 votes, was Judge LEWIS. Senator, are you prepared to take the oath of duly elected Senator in the Geneml Assembly for said district. office as interim President pro tempore of the Senate? In addition, I hereby certifY that Robert C. Jubelirer has fully The PRESIDENT pro tempore-elect. I am. complied with the provisions of Article XVI of the Pennsylvania Judge LEWIS. Please repeat after me: Election Code pertaining to Primary and Election Day expenses. I, Robert C. Jubelirer, do solemnly swear that I will support, obey, and defend the Constitution of the United States and the WITNESS my hand and seal of my office Constitution of this Commonwealth, and that I will discharge the this twenty-ninth day of November, one duties of my office as President pro tempore of the Senate with thousand nine hundred and ninety-four, and fidelity. of the Commonwealth the two hundred and Again, congratulations. nineteenth. The PRESIDING OFFICER. The Chair directs the Secretary of the Senate to enter these proceedings in the Senate Journal on the first (SEAL) ROBERT N. GRANT day of the next Regular Session convening on January 3, 1995. Secretary of the Commonwealth The pUlpose for which this meeting was called having been fulfilled, I now declare this meeting adjourned. GENERAL ELECTION QUORUM PRESENT SENATOR IN THE GENERAL ASSEMBLY 30111 SENATORIAL DISTRICT The PRESIDENT. The Clerk will now call the roll to NOVEMBER 8, 1994 detennine if a quorum is present. Will the Senators please TOTAL VOTES answer "present" when your name is called. The Clerk will call Democmtic - Gregory Ned Kough 21,229 the roll. Republican - Robert C. Jubelirer 44,391 The Clerk called the roll and the following Senators were Commonwealth of Pennsylvania present: Department of State Bureau of Commissions, Elections and Legislation Second District-ehristine M. Tartaglione Third District-Roxanne H. Jones Fourth District-Allyson Y. Schwartz STATEMENT BY THE PRESIDING OFFICER Fifth District-Frank A. Salvatore The PRESIDING OFFICER. Such returns having been received Sixth District-Robert T. Tomlinson and read, Robert C. Jubelirer is declared to be a duly elected Senator Seventh District-Vincent 1. Hughes in the Geneml Assembly for the 30th Senatorial District. Eighth District-Hardy Williams For the record, the Secretary of the Commonwealth has certified that the Senator-elect has fIled the accounts and affidavits as required Ninth District-elarence D. Bell by the Election Code and the Chair will submit the certificate for the Tenth District-David W. Heckler record. Eleventh District-Michael A. Q'Pake ADMINISTRATION OF OATH OF OFFICE 1995 LEGISLATIVE JOURNAL - SENATE 5

Twelfth District-Stewart J. Greenleaf (Applause.) Thirteenth District-Gibson E. Annstrong Lieutenant Governor-elect Mark Schweiker. Fourteenth District-Raphael J. Musto (Applause.) Fifteenth District-John J. Shumaker And we are done a great honor by the next gentleman I Sixteenth District-Roy C. Afflerbach want to introduce. Ladies and gentlemen, it is really a very Seventeenth District-Richard A. Tilghman important signal that the Governor-elect would take time out Eighteenth District-Joseph M. Dliana of his very busy transitional duties to join us here today, Nineteenth District-Earl M. Baker thereby showing the respect and the kind of cooperation that Twentieth District-eharles D. Lemmond I am sure he wants to indicate early in his tenure. Ladies and Twenty-first District-Tim Shaffer gentlemen, let me just say on behalf of the Senate and all of Twenty-second District-Robert J. Mellow the people of the Commonwealth of Pennsylvania, we wish Twenty-third District-Roger A. Madigan nothing but success to Governor-elect Tom Ridge. Twenty-fourth District-Edwin G. Holl (Applause.) Twenty-fifth District-John E. Peterson Once again, you are all very important. We thank all ofthe Twenty-sixth District-F. Joseph Loeper elected officials who are with us, we thank the clergy, we Twenty-eighth District-Daniel S. Delp thank all ofthose who traveled great distances to joinus today. Twenty-ninth District-James 1. Rhoades You all make this ceremony that much more special. Thirtieth District-Robert C. Jubelirer Thirty-first District-Harold F. Mowery STATEMENT BY THE PRESIDENT Thirty-second District-Richard A. Kasunic The PRESIDENT. Before taking up the next order of Thirty-third District-Terry L. Punt business dealing with the electionofthe President pro tempore Thirty-fourth District-J. Doyle Corman and several officers of the Senate, the Chair would like to Thirty-fifth District-William J. Stewart continue a practice we started several years ago, that ifthere Thirty-sixth District-Noah W. Wenger is only one candidate for each ofthe several offices, the Chair Thirty-seventh District-D. Michael Fisher will dispense with the calling of the roll and ask for a voice Thirty-eighth District-Leonard J. Bodack vote on the nomination. Is there any objection to a voice vote? Thirty-ninth District-Eugene E. Porterfield If not, we shall proceed accordingly. Fortieth District-Melissa A. Hart Forty-first District-Patrick J. Stapleton ELECTION OF PRESIDENT PRO TEMPORE Forty-second District-Jack Wagner The PRESIDENT. The next order of business before the Forty-third District-Michael M. Dawida Senate will be the election ofa President pro tempore for the Forty-fourth District-James W. Gerlach 1995 Session. This is in accordance with Article II, Section 9, Forty-fifth District-Albert V. Belan of the Constitution of Pennsylvania. Forty-sixth District-J. Barry Stout The Chairrecognizes the gentlemanfrom Delaware, Senator Forty-eighth District-David J. Brightbill Loeper. Forty-ninth District-Anthony B. Andrezeski Senator LOEPER. Mr. President, the decision that we make Fiftieth District-Robert E. Robbins in electing a President pro tempore says a great deal about the The PRESIDENT. Forty-seven Senators having answered to quality of leadership in the Senate. I am proud to nominate their names, a quorum is present. today Senator Robert C. Jubelirer of Blair County. Senator Jubelirer has served as President pro tempore ofthe DISTINGUISHED GUESTS WELCOMED Senate ofPennsyIvania for nearly 9 years. He has fulfilled the TO THE SENATE duties of the office with integrity, fairness, and distinction. The PRESIDENT. The Chair at this time would like to Everyone who has worked with him during his 20 years in the extend a warm welcome to all of the guests and the visitors Senate knows, above all, he is a man of his word. He has who have traveled from afar to join us today for this historic demonstrated dignity under pressure, shown respect for the event. We have guests from Washington and from all parts of institution and its Members, and proved his commitment to the the country here today, and we welcome you and hope that future of the Commonwealth. He is a dedicated advocate for you are enjoying the proceedings and are very proud of the change and someone with an enthusiasm for solving problems people who just got sworn in. and meeting the needs of the people of Pennsylvania. As we Also, it is always difficult and dangerous to identify key begin a new Session here today with a new administration dignitaries in the crowd, since all of you are important. soon to take office, we will appreciate the experience and Certainly, you are all important to the political fortunes of wisdom that Senator Jubelirer contributes to our work. those you came to wish well, but there are some key leaders It is my honor and privilege today, Mr. President, to who should be identified. nominate Senator Robert C. Jubelirer as President pro tempore State Treasurer Catherine Baker Knoll is with us. Would of the Senate of Pennsylvania. you please rise so that we can see you. The PRESIDENT. The Chairrecognizes the gentlemanfrom 6 LEGISLATIVE JOURNAL - SENATE JANUARY 3,

Allegheny, Senator Fisher. tension and the partisan struggle. Yes, it was a rocky 2 years, Senator FISHER. Mr. President, I thank you. and it played witness to many of us, both Democrats and The PRESIDENT. If the gentleman would try a different Republicans, that we were tripping over our own partisanship. microphone, I assure you it was not intentional this time. But as we usher in this new year and the 1995-96 Session (Laughter.) that is upon us, I call upon our soon-to-be-reelected President The Chair thanks the gentleman for his patience. pro tempore, Senator Robert Jubelirer, to set an example, a Senator FISHER. Mr. President, thank you. And ladies and higher standard for this Senate, to take us beyond the hardball gentlemen, notice that he said it was not intentional this time. and petty politics that occasionally derailed the people's There have been times in the past, but I know it was not business in the past. And it is with this challenge and hope for intentional then either. renewed spirit of bipartisanship that I personally extend my Mr. President, I rise today to second the nomination of hand of cooperation to Senator Jubelirer and my Republican Robert C. Jubelirer as President pro tempore of the Senate of friends, that I am honored to second the nomination ofSenator Pennsylvania. Jubelirer to the position of President pro tempore, and I will I came to the General Assembly in 1974, at the same time also urge all of my Democratic colleagues to support this Bob Jubelirer was first elected to this General Assembly. I nomination as well. started inthe House, Bob started in the Senate. Since that time, It is time that we focus on the needs of Pennsylvania's Bob Jubelirer and I have shared many common interests people and to get on with the job which we were elected to do. together, not the least of which has been our mutual desire to Let us enter this new Session with a new understanding ofthe help to improve the western Pennsylvania communities which philosophical differences which may onoccasion divide us, but we represent. more importantly, ofthe necessity to agree to disagree without Mr. President, I know Bob Jubelirer. I know how much he being disagreeable. The people we serve, no matter their party cares about his district, I know how much he cares about this affiliation, demand no less, and certainly they deserve no less. Commonwealth, I know how much he cares about our Caucus, Thank you, Mr. President. and I know how much he cares about the Senate of SPECIAL ORDER OF BUSINESS Pennsylvania. I know Bob Jubelirerparticularly cares about the GUEST OF THE PRESIDENT image of this Senate, not only in the role that we play in PRESENTED TO THE SENATE solving the problems ofthis day and ofthe Commonwealthbut the image that we project to the people of Pennsylvania. His The PRESIDENT. Before proceeding, the Chair would take entire career as Senator and his 9 years as President pro the liberty of recognizing an individual who served faithfully tempore ofthis great Chamber have been dedicated to making and well as President pro tempore. Ladies and gentlemen of sure that our image is the appropriate image for the people of the Senate, ladies and gentlemen of Pennsylvania, please take the Pennsylvania, and I know that he wants to continue to a moment and recognize my good friend Henry G. Hager, who work to improve that image. is with us. Mr. President, Bob Jubelirer is my friend. He is our leader. (Applause.) And Members ofthe Senate, ladies and gentlemen, I hope that you will join with me in electing Bob Jubelirer as the next NOMINAnONS CLOSED President pro tempore of the Senate of Pennsylvania. The PRESIDENT. Are there any other nominations or Thank you, Mr. President. seconds? Ifnot, the Chair will declare that the nominations for The PRESIDENT. The Chairrecognizes the gentlemanfrom President pro tempore be closed. The candidate for the office Allegheny, Senator Bodack. of President pro tempore is the Honorable Robert C. Jubelirer Senator BODACK. Mr. President, it is my privilege from of Blair County. this side of the aisle to second the nomination of Robert C. (A voice vote having been taken, the question was Jubelirer as the President pro tempore. unanimously determined in the affirmative.) The office of President pro tempore is one of special The PRESIDENT. The Chair declares Senator Robert C. significance. It is certainly one of honor and responsibility Jubelirer unanimously elected President pro tempore. which was first established with the Constitution of 1874. It is (Applause.) the job of the President pro tempore to see that the Senate functions. It is the job of the President pro tempore to be COMMITTEE APPOINTED TO ESCORT evenhanded and fair in dealing with all Members of this PRESIDENT PRO TEMPORE-ELECT Senate. It is the job ofthe President pro tempore to rise above TO THE ROSTRUM politics, to foster bipartisan cooperation, and to protect the The PRESIDENT. The Chair takes pleasure in appointing honor and the integrity of the Senate of Pennsylvania. the following committee to escort the President pro tempore to In the 120 years since this office was created, it is a telling the rostrum for the administration of the oath of office: the coincidence that only 50 Members have been elected to serve gentleman from Montgomery, Senator Holl~ the gentleman as President pro tempore. At times, certainly it has been a from Lebanon, Senator Brightbill~ and the gentleman from trying experience for the few who have served inthat capacity, Allegheny, Senator Bodack. Will the committee please proceed and certainly last Session was no exception to the political 1995 LEGISLATIVE JOURNAL - SENATE 7 to the perfonnance of their duty. year, and I was the only freshman Republican elected that (Whereupon, the President pro tempore-elect was escorted year, so let me just say how things have changed a little bit, to the rostrum of the Senate.) and for me it is a lot easier this way. I am particularly honored to be sworn in by a good friend, ADMINISTRATION OF OATH OF OFFICE TO Judge Sandra Shultz Newman of the Commonwealth Court, PRESIDENT PRO TEMPORE-ELECT and to be joined by the President Judge of Commonwealth The PRESIDENT. The oath of office will be administered Court who swore in the Democratic Members of the Senate, to Senator Jubelirer by Judge Newman. Judge James Gardner Colins, and thank you, on behalf of the Please rise. Senate of Pennsylvania, for being here and taking time out of Judge NEWMAN. Well, good morning again, and as your busy schedule to be here. And an old friend, someone I everyone here has acknowledged today, Senator Jubelirer is a have known for some time, who came here, Gwendolyn friend. I am very grateful to have Senator Jubelirer as a dear Pattillo, someone I worked with in Family and Children's friend, and I would like to especially welcome his family today Services for a number of years. And, Gwen, your prayer was and to note the proud faces of his children, in-laws, and it is beautiful. You do us a great honor, and the Senate will not a special day. forget your beautiful remarks, I am sure. There is one thing. I swore Bob Jubelirer in about 6 months lt is a ceremonial day and one that brings all ofus together ago, and I found out something, that I was only the second for this very special occasion. This constitutional position, the judge he ever kissed. His father was the first. one that you have honored me with, is one indeed, as the Senator, you are the leader of this Senate. As the President gentleman from Allegheny, Senator Bodack, said, of great pro tempore, your being represents stability, diversity, and responsibility and high expectations. I thank you for your trust unity. This, coupled with your devotion to each and every and confidence for giving me the honor ofserving once more~ person who enters your life, will enable you to serve our to the gentleman from Delaware, Senator Loeper, the government and the people and make Pennsylvania a great gentlemen from Allegheny, Senator Fisher and Senator State, as you so have. Bodack, for your compelling remarks, your very special And I want to administer the oath and this is the Bible here. remarks, and your challenge to move ahead. Please place your left hand on the Bible, raise your right hand As our collective legislative agendas reflect, there are and repeat after me: considerable challenges that we must confront. As we carry out I, Robert C. Jubelirer, do solemnly swear that I will support, our duties and build the future of our Commonwealth, I will obey, and defend the Constitution ofthe United States and the seek and depend on your friendship, your advice, and your Constitution of this Commonwealth, and that I will discharge cooperation. At the same time, for the advocates of the next the duties of my office with fidelity. generation of reform and progress, let me assure you (Applause.) opportunity is here. Across this nation ofours, this is a time of change in government - change in government - and today's REMARKS BY THE PRESIDENT Session shows that to be true in the Senate ofPennsylvania as PRO TEMPORE well. Six individuals, moments ago, took the oath ofoffice in this Chamber for the very first time. In November we said The PRESIDENT. It is now an honor and a privilege to present your President pro tempore, the Honorable Robert C. farewell to a great deal of experience and wisdom, but today Jubelirer. we welcome a great deal offresh energy, enthusiasm, and, my, (Applause.) oh my, great talent. This is an exciting time for veterans and The PRESIDENT pro tempore. Mr. President, my newcomers alike - a new Session starting, a new administration colleagues in the Senate of Pennsylvania, Governor-elect soon taking charge, and, most importantly, a new imperative Ridge, Lieutenant Governor-elect Mark Schweiker from Pennsylvania voters and taxpayers to tackle enduring distinguished Treasurer Catherine Baker Knoll, all elected and problems and to restore competitive standing to our State. honored officials, people of Pennsylvania, and Members and Well, last night I know I watched the number one team in families who are here today, a proud day it is for me, as it is the nation play. I do not know about anyone else. once again an honor to be elected to such a high office, and to (Applause.) me it is always special to be able to bring my family together And I think the gentleman from Centre, Senator Corman, and introduce them. Today my daughter and son-in-law, Laurie will have a little more to say about that pretty soon, but let me and Chuck Langman, are here, my son Andy, my son Jeff, my tell you, as Joe Paterno and his Penn State proved yesterday, cousin Brett Kranich and Marilyn Kranich, my cousin Don and they did not have to prove anything, but they proved it Brett, Patty Jubelirer Campbell, and many, many friends who once again that experience and talent are a winning come from not only the 30th Senatorial District but from all combination. Given a good game plan and an outlook of a over Pennsylvania who thought what a wonderful opportunity champion, let me tell you, they were number one last night and it would be to come down here. I need not tell you that this is over the full year, and we are going to be number one this a very special day for us. And as I look back 20 years ago, year. goodness gracious, that was 1974, folks, that great Watergate 8 LEGISLATIVE JOURNAL - SENATE JANUARY 3,

None of us can promise an undefeated legislative Session, Pennsylvania--yes, Pennsylvania--is the standard. My friends, but we aim to chalk up some big victories for Pennsylvania. it is time that Pennsylvania take the ranks with States like We begin with a State government in reasonably good fiscal Michigan, Wisconsin, and Massachusetts, and other States that shape, so we do not labor under a bottom-line crisis. It is a have earned reputations for tough, effective approaches for State government, though, whose methods and priorities have improving policy and services without piling on spending and been under fire. Response is not going to be better public regulation. relations or a more sophisticated spin. The answer is taking The Senate will never be entirely free of political action on the issues of public concerns. competition nor the passions ofconflicting philosophies, but it Crime, Governor, our first order of business. Crime, jobs, is well that we not lose sight of the substantial schools, property taxes, several consequential issues will accomplishments that have resulted from the bipartisan effort involve the question of offering the people the power of that we seem to be able to do often enough. The Senate has referendum, and is this the type of choice the public wants to generally, Session after Session, seen ambitious, aggressive have debated? The answer, too, is in pulling the plug on an advocacy by its Members, and that is a record we shall add to unfunded mandate machine, to give individuals and in this year 1995. communities more ofa say in their decisionmaking. The revolt And so to the friends and families who are here, and I am last fall against Federal directives is recognition that blessed to have so many ofthem, I love you all. Thank. you for Washington edicts are not the prescription for improving being here, and all of you up there and out there who could Pennsylvania's health. This was not a salient show ofspirit but not get into the Chamber, those who have given us the concrete evidence of a revamped State approach to encouragement and the support we need, thank. you. Thank. you decisionmaking. for your generosity. Thank. you for being with us on this very Leadership. The leadership we must provide means special day as we begin a Session we hope will be prolific and overcoming the obstacles and objections to change and, yes, productive for Pennsylvania. delivering results. There must be the will to step beyond My friends, I wish each and every one ofyou a happy and tradition and convention, to take the risks that attend healthy New Year. It is going to be a great year. I thank. you substantial reform. The people have long listened to our for the trust and the confidence and the very special honor you expressions ofintention. Now, you see, they want to see proof have given me. I stand here before you in awe of what has of our commitment. They understand what we are for, but we taken place. It has happened to me before, and as Bob Mellow will be judged by what we do. and Henry Hager, two others who have had this great honor There is a story about a couple who needed to move into know, it is a very, very special occasion. I cannot help but housing that was reserved for married couples only. They think. of the two people who made it possible, my mom and explained their situation to the person in charge who indicated dad, who will be looking down today. And so again, I thank. they could work something out, but would need proof of the you. I wish you a very healthy and happy New Year. couple's intentions. Well, the woman offered, how about a Godspeed. copy ofour application for a marriage license? The agent said Thank. you very much. something more substantial thanthat would be needed to verify (Applause.) commitment. Well, thinking for a moment, they came up with The PRESIDENT pro tempore (Robert C. Jubelirer) in an acceptable proof. Well, what would that acceptable proof be? Well, how about this signed contract with the caterer? the Chair. Well, I have taken two oaths today. They are contracts with PRESENTATION OF GAVEL my constituents, with the Members of this body, and with the TO LIEUTENANT GOVERNOR people of Pennsylvania to be faithful to the responsibilities of Senator and President pro tempore, to employ reason and The PRESIDENT pro tempore. Well, ladies and gentlemen, demonstrate leadership, to seek to unite rather than divide, to thank. you for your kind attention, and this is a very special keep the push for progress ahead of political advantage. day in another way and a surprise, I suppose, to one individual Nearly everything proposed is advertised as refonn. But it who certainly, as I said when I walked up here, I said, boy, is not political definition that we must satisfy, you and I. you sure are going out with a bang, you look great today. I Rather, it is the public definition of refonn: ofcutting costs, of would ask if my colleagues and friends, the gentleman from raising accountability, of solving real people's problems, Delaware, Senator Loeper, and the gentleman from avoiding delay and deadlock, and significantly altering a Lackawanna, Senator Mellow, would join me at the rostrum system widely seen as misdirected or errant in attitude. for a presentation. Later this month with the Special Session on crime we can For 8 years Lieutenant Governor Mark Singel has presided act to address leading concerns and demonstrate our over the Senate. He has, indeed, provided guidance, sought to commitment to decisive responses. Cutting taxes will be a cool the heated moments, and I guess I was one of those over constant theme in the months ahead, but the test will be our there who needed to be cooled from time to time--you would ability to do so in a way that is best for the job climate and agree with that, I know--and experienced several historical and competitive posture of our great Commonwealth. Our broad hysterical instances when the spotlight of decision focused goal is to reestablish a position of State leadership where directly on him. He presided in a manner that reflected his 1995 LEGISLATIVE JOURNAL - SENATE 9 philosophies and beliefs that was usually leavened with a nominate Mark Corrigan to serve as the Senate Secretary. humor and style that assured him more than a footnote in the Thank you, Mr. President. record of our deliberations. The PRESIDENT. The Chairrecognizesthe gentlemanfrom In this position, the Lieutenant Governor has two best Berks, Senator O'Pake. friends - a capable Parliamentarian and a reliable gavel. Well, Senator O'PAKE. Mr. President, as chairman of the we talked to Mark about it, but he did not seem interested, and Democratic Caucus, it is my pleasure today to second the since the Secretary of the Senate did not fit very well on a nomination of the Honorable Mark Corrigan as Secretary of plaque, we are presenting the gavel to commemorate your the Senate. Mark came to this institution as a staff attorney service, Mr. President. It is firmly attached so that nothing we shortly after his graduation from Dickinson Law School in do or say today can tempt you to use it one last time. 1979, long before many Members of the Senate came here. (Applause.) He was elected to his first term as Secretary of the Senate The PRESIDENT. I thank you and I am quite surprised and on June 30, 1981. During his tenure he has administered his touched by the gesture, and in answer to the comment of office in a highly professional and nonpartisan fashion to serve Senator Jubelirer that I have earned that, you are damned right all the Members of this Senate. The smooth operation of the I did. Secretary's office is critical to eachMember ofthis Senate, and (Laughter.) during the almost 14 years that Mark has held this position, we I just want to thank everybody in this Chamber for 8 good have all been extremely well served. years as Lieutenant Governor and the President of this august Mark not only runs the Secretary's office but, as was body. I take with me nothing but fond memories, and you are pointed out, Mark serves as our Parliamentarian on Session all a part of it. days on this floor. In this capacity he has helped to guide us Thank you very much. through some of our most difficult hours. Mark Corrigan's knowledge, integrity, and wise counsel are deeply appreciated, The PRESIDENT (Lieutenant Governor MarkS. Singel) and I am happy to second his nomination. in the Chair. NOMINAnONS CLOSED ELECTION OF SECRETARY OF THE SENATE The PRESIDENT. Are there any other nominations or seconds? If not, the Chair declares the nominations closed. The PRESIDENT. The next order ofbusiness is the election The Chair would take a moment at this time to echo the of the Secretary of the Senate. sentiments ofthe gentlemanfrom Centre, Senator Corman, and The Chair moves to recognize the gentleman from Centre, the gentleman from Berks, Senator O'Pake. I have worked Senator Corman. beside Mark Corrigan for the past 8 years, and he has always Senator CORMAN. Mr. President, it is a great honor for me rendered his assistance ina nonpartisan, very professional way. to nominate Mark Corrigan to serve again as Secretary of the I am delighted that this Chamber has found the bipartisan Senate. Long before he had mastered the intricacies and wisdom to keep him in this capacity, and let me just say to complexities of Roberts Rules of Order, Mark worked on my Lieutenant Governor-elect Mark Schweiker, he will be your Senate staff. In that capacity he displayed the same attributes best friend when you stand behind this microphone. that have made him an outstanding Secretary: professionalism, The candidate for the office of Secretary of the Senate is frankness, keen judgment, an ability to get things done, and a Mark R. Corrigan of Dauphin County. dedication to good government. (A voice vote having been taken, the question was During the past 2 years our Senate Sessions were marked unanimously determined in the affirmative.) at times by partisan turmoil, and often Mark had his work cut The PRESIDENT. The Chair declares Mark R. Corrigan out, but without exception he personified the term "grace under unanimously elected Secretary of the Senate. fire" and helped keep us in line by moving in the right (Applause.) direction. His knowledge ofthe institution is vast. His skill as a Parliamentarian is unmatched. These attributes will serve us ELECTION OF CHIEF CLERK well as we begin a new Session with a new administration, OF THE SENATE new Lieutenant Governor, and many new Members. As we go about the business of passing legislation, debating bills, and The PRESIDENT. The next order ofbusiness is the election doing the people's business, it is imperative that we have of the Chief Clerk of the Senate. someone of Mark's caliber to make sure that the I's are all The Chair recognizes the gentleman from Montgomery, dotted and the T's are all crossed and the rules are followed to Senator Greenleaf. the letter. Senator GREENLEAF. Mr. President, it is my pleasure to I think it is a testament to Mark that he has served as a nominate Russ Faber to the post of Senate Chief Clerk. Russ, Senate Secretary under both Democrats and Republicans, a a certified public accountant and a graduate ofPenn State, has clear sign that his reputation as a professional Parliamentarian operated the Chief Clerk's office in a thoroughly professional transcends partisan politics. Therefore, I know that I amjoined and nonpartisan fashion. He has a well-deserved reputation as by many of my colleagues on both sides of the aisle when I a fair and competent and conscientious person. 10 LEGISLATIVE JOURNAL - SENATE JANUARY 3,

As the Chief Clerk, Russ's duties basically are as the chief occasions he must say "no" to when they come before him fiscal officer of the Senate of Pennsylvania, and in that asking for various things, and it is very hard to tell your 50 capacity he has really kept us on the straight and narrow and collective bosses no, that there is something that you want that has advised us and counseled us on our financial matters and you, in fact, cannot have. has done an outstanding job for us both individually and for And I think maybe the crowning jewel ofthe last few years, the Senate as an institution. at least, of Russ's serving us in his capacity is this beautiful Part of Russ's function is also to attest to various bills and facility that we are in tonight, or this afternoon, because Russ nominations and writs, but also for subpoenas, and Russ, along was able to preside over the renovation of the Senate and all with Mark, came up with these very flowery, very of its offices, and I think that he, along with his staff, did an official-looking subpoenas that the Impeachment Committee absolutely outstanding job in making sure that this beautiful was issuing. In fact, the people who received them wanted to Chamber, the one that represents the great history here in keep them. I think some of them even tried to frame them, Pennsylvania, the one that the history is repeated overand over although some of them did not respond too well to the on the murals that are on the walls, Russ is the individual who subpoenas, so I think, Russ, we are going to have to work on is responsible for this great renovation and for the beautiful that end of it. But during those proceedings Russ went above Chamber that we, today, are seated in. and beyond the call of duty to make special arrangements for It is with great honor, Mr. President, that I have the the trial, the prosecutors, the defense, the witnesses, the opportunity, on behalf of the Democratic Members of the impeachment panel, and the press, and the smooth operation of Senate, to urge a unanimous vote for Russ Faber to be those extraordinary proceedings owes a great deal to the reelected and to continue to serve as the Chief Clerk of the preparation and execution by Russ and his staff. Pennsylvania Senate. In the community Russ has served as president of an NOMINATIONS CLOSED organization to benefit senior citizens in the Capitol area. He is a member of the CPA professional groups, and he has The PRESIDENT. Are there any other nominations? Are served as Senate Chief Clerk and as Executive Director of the there other seconds? If not, the Chair will declare the House Bipartisan Management Committee. By his experience nominations for Chief Clerk of the Senate closed. and education and by his fair and nonpartisan approach to his Once again, with the indulgence of the Senate, the Chair work, Russ Faber is eminently qualified to resume his duties simply wishes to add to the record that I cannot imagine a as Chief Clerk in the 1995-96 Session, and I recommend his better choice for Chief Clerk ofthe Senate than Russ Faber. It unanimous approval. is reassuring to know that the Senate will be in good hands, at The PRESIDENT. The Chairrecognizes the gentlemanfrom least from an administrative point of view. And we Lackawanna, Senator Mellow. congratulate all of you, and thank you very much for your Senator MELLOW. Mr. President, during the period oftime wisdom. that I had the opportunity of serving as President pro tempore The candidate for the office of Chief Clerk ofthe Senate is ofthe Senate, one ofthe responsibilities that I had at that point W. Russell Faber of Dauphin County. in time was to select and to recommend to the Senate an (A voice vote having been taken, the question was individual who would serve as our Chief Clerk. A lot ofnames unanimously determined in the affirmative.) and a lot of resumes came across my desk, Mr. President, but The PRESIDENT. The Chair declares W. Russell Faber the one name and the one resume that never came across my unanimously elected Chief Clerk of the Senate of desk was that of Russ Faber, because I had known Russ from Pennsylvania. the tremendous job that he did in the Pennsylvania Senate (Applause.) when he had previously served as Chief Clerk. I called Russ and talked to him when he was working over in the House of OATH OF OFFICE ADMINISTERED Representatives and I said, Russ, would you like to come back TO THE SECRETARY-ELECT over to the Senate to work as our Chief Clerk? AND TO THE CHIEF CLERK-ELECT And I did that knowing full well what type of an individual The PRESIDENT. If the Secretary-elect and the Chief Russ is. It is very true what the gentleman from Montgomery, Clerk-elect will approach the rostrum, we will proceed with the Senator Greenleaf, said, that Russ is a true professional. He is administration of the oaths of office. a certified public accountant, and that means so much to the Once again, I want to call on Judge Sandra Shultz Newman. Members ofthe Senate indealing with the interpretation ofour Judge Newman will administer the oaths ofoffice to our newly financial rules. Russ is the type of individual who is a good listener and a person who has an opinion as to what should elected officers. and should not be done, but I think the most difficult job that Would you all please rise. Judge NEWMAN. Again, good afternoon. This is a special Russ Faber has is that the 50 elected Members of the Senate basically are those individuals who are responsible for Russ honor to swear in the two gentlemen who directed me where becoming the Chief Clerk ofthe Senate. And that is very, very to go and what to do this morning. I wish you both good luck, difficult, Mr. President, because the same people who elect and I especially am honored to be able to swear in two Russ to his position are the same people that on many nonpartisan Members of the Senate, and the backbone. 1995 LEGISLATIVE JOURNAL - SENATE 11

I am going to ask you to place your left hands on the Bible The PRESIDENT. The Chairrecognizes the gentlemanfrom and raise your right hands and repeat after me: Delaware, Senator Loeper. I, (Mark R. Corrigan and W. Russell Faber), do solemnly Senator LOEPER. Mr. President, I would object to swear that I will support, obey, and defend the Constitution of unanimous consent. the United States and the Constitution ofthis Commonwealth, The PRESIDENT. The Chair thanks the gentleman. As the and that I will discharge the duties of my office with fidelity. Senate knows, the offering of a resolution from the floor in Congratulations, and good luck. this fashion requires unanimous consent. There not being (Applause.) unanimous consent, Senator Afflerbach's resolution is not in order at this time. SPECIAL ORDER OF BUSINESS DISTINGUISHED GUEST SPECIAL ORDER OF BUSINESS WELCOMED TO THE SENATE CONGRATULATIONS EXTENDED TO THE PENN STATE NITTANY LION The PRESIDENT. The Chairapologizes for not recognizing FOOTBALL TEAM the presence of our Supreme Court Justice Ralph Cappy, who has just departed from the Chamber. I wanted to include that The PRESIDENT. Itgives the Chaira great deal ofpleasure in the record as well. at this time to interrupt the proceedings. The Chairunderstands that there is an important pronouncement to be made onbehalf SENATE RESOLUTIONS of the nation's number one football team. ADOPTION OF SENATE RULES The Chair recognizes the gentleman from Centre County, Senator Corman. The PRESIDENT. The next order of business is the Senator CORMAN. Mr. President, I am offering the adoption ofthe rules. The Chair recognizes the gentlemanfrom following congratulatory resolution, and it reads: Delaware, Senator Loeper. (Reading:) Senator LOEPER offered the following resolution (Senate Whereas, The 1994 Pennsylvania State University Nittany Lion Resolution No.1), which was read, considered and adopted: Football Team is being honored as one of the greatest teams in Pennsylvania sports history; and In the Senate, January 3, 1995 Whereas, The Penn State Nittany Lions, who completed the regular season with a perfect eleven wins and zero losses, have RESOLVED, That the Rules of the Senate adopted March 15, defeated the University ofOregon Ducks to fmish the season ranked 1994 during the Regular Session be adopted for the government of a controversial second in the race for a national championship; and this 179th and 180th Regular Sessions until amended, repealed or --that is, second in some people's minds-- otherwise altered or changed except the Committee on Veterans' Whereas, On their way to their fIrst Rose Bowl appearance since Affairs and Emergency Preparedness established by Senate Rule XV 1923, the Nittany Lions won their fIrst Big Ten Championship while shall now be known as the Committee on MilitaI'y and Veterans' smashing twenty-four school records. The team, under the brilliant Affairs. leadership of national Coach of the Year Joe Paterno, led the nation ADOPTION OF FINANCIAL OPERATING in scoring with nearly forty-eight points per game. In addition, fIve team members have the rare distinction ofbeing selected as fIrst team RULES OF THE SENATE All-Americans. Currently, the Penn State Nittany Lions have won seventeen consecutive games, thereby holding the record for the The PRESIDENT. The Chairrecognizesthe gentlemanfrom longest winning streak in the nation. Delaware, Senator Loeper, on the Financial Operating Rules. Now, therefore, the Senate ofthe Commonwealth ofPennsylvania Senator LOEPER offered the following resolution (Senate congratulates the Pennsylvania State University Nittany Lion Football Resolution No.2), which was read, considered and adopted: Team on its thrilling perfonnance in the Rose Bowl and their outstanding gridiron achievements in 1994; proudly notes the stellar In the Senate, January 3, 1995 athleticism, exemplary sportsmanship and spirit ofthis championship team, in competing on a level which demands perfection. RESOLVED, That the Financial Operating Rules of the Senate during the 1994 Session be adopted for the government ofthis 179th Mr. President, I lay this document on the table at this time and 180th Regular Session until amended, repealed or otherwise so that all of my colleagues who may desire to do so may join altered or changed. me in cosponsoring this resolution. RESOLUTION OFFERED Thank you, Mr. President. The PRESIDENT. Those who wish to cosponsor the The PRESIDENT. The Chairrecognizes the gentlemanfrom resolution may do so by reporting to the desk and signing on. Lehigh, Senator Afflerbach. On the resolution, all those in favor of adoption of the Senator AFFLERBACH. Mr. President, I rise to request resolution indicate by saying "aye." All those opposed, "no." unanimous consent for the purpose of offering a resolution to (A voice vote having been taken, the question was amend the Senate Financial Operating Rules. unanimously determined in the affirmative.) The PRESIDENT. Senator Afflerbach asks unanimous The PRESIDENT. The resolution is adopted. consent to offer a resolution at this time. (Applause.) Senator LOEPER. Mr. President. 12 LEGISLATIVE JOURNAL - SENATE JANUARY 3,

ANNOUNCEMENT OF MAJORITY In the Senate, January 3, 1995 AND MINORITY LEADERSHIP RESOLVED, That a committee ofthree Senators be appointed to The PRESIDENT. The Chair has been informed by the wait upon His Excellency, the Governor of the Commonwealth of Pennsylvania, and infonn him that the Senate is convened and Majority Caucus that they have elected as Majority Leader, organized in Regular Session and ready to receive any Senator Loeper of Delaware County~ as Whip, Senator Fisher communications he may be pleased to make. ofAllegheny County~ as Caucus Chairman, SenatorWenger of Lancaster County~ as Caucus Secretary, Senator Salvatore of APPOINTMENT OF COMMITTEE Philadelphia County; as Policy Committee Chairman, Senator TO NOTIFY THE GOVERNOR Peterson of Venango County~ and as Caucus Administrator, The PRESIDENT. Pursuant to the resolution just adopted, Senator Corman of Centre County. the Chair wishes to announce the following committee to The Chair has also been informed by the Minority Caucus notify the Governor that the Senate is organized: the gentleman that they have elected the following: as Minority Leader, from Lancaster County, Senator Wenger, as chairman~ the Senator Mellow of Lackawanna County~ as Minority Whip, gentleman from Luzerne County, Senator Lemmond; and the County~ Senator Bodack of Allegheny as Caucus Chairman, gentleman from Indiana County, Senator Stapleton. SenatorO'Pake ofBerks County~ as Caucus Secretary, Senator Would the Members ofthe committee please convene inthe County~ Stewart of Cambria as Minority Policy Committee center aisle and depart immediately to discharge your duties. Chairman, Senator StapletonofIndiana County~ and as Caucus Administrator, Senator Andrezeski of Erie County. SENATE RESOLUTIONS STATEMENT BY THE PRESIDENT THANKS OF SENATE TENDERED TO THE HONORABLE SANDRA SHULTZ NEWMAN FOR The PRESIDENT. We are now ready to notify the House ADMINISTERING OATH OF OFFICE TO that the Senate is organized. NEWLY ELECTED REPUBLICAN SENATORS SENATE RESOLUTION The PRESIDENT. The Chairrecognizes the gentlemanfrom NOTIFICATION TO THE HOUSE York County, Senator Delp. Senator DELP offered the following resolution, which was The PRESIDENT. The Chairrecognizes the gentlemanfrom read, considered and adopted: Chester, Senator Gerlach. Senator GERLACH offered the following resolution, which In the Senate, January 3, 1995 was read, considered and adopted: RESOLVED, That the thanks ofthe Senate is hereby tendered to the Honorable Sandra Shultz Newman, Judge ofthe Commonwealth In the Senate, January 3, 1995 Court of Pennsylvania, for her services in qualifying the newly elected Republican Senators. RESOLVED, That a committee ofthree Senators be appointed to infonn the House of Representatives that the Senate is organized in THANKS OF SENATE TENDERED TO THE Regular Session and ready to proceed to business. HONORABLE JAMES GARDNER COLINS FOR APPOINTMENT OF COMMITTEE ADMINISTERING OATH OF OFFICE TO TO NOTIFY THE HOUSE NEWLY ELECTED DEMOCRATIC SENATORS The PRESIDENT. Pursuant to the resolution just adopted, The PRESIDENT. The Chair recognizes the gentlewoman the Chair wishes to announce the following committee to from Philadelphia, Senator Tartaglione. notify the House that the Senate is organized: the gentleman Senator TARTAGLIONE offered the following resolution, from Bucks County, Senator Heckler, the gentleman from which was read, considered and adopted: Northampton County, Senator Uliana~ and the gentleman from In the Senate, January 3, 1995 Philadelphia County, Senator Hughes. The committee will gather in the aisle of the Senate and RESOLVED, That the thanks ofthe Senate is hereby tendered to depart immediately to discharge its duty. the Honorable James Gardner Colins, President Judge of the Commonwealth Court ofPennsylvania, for his services in qualifying SENATE RESOLUTION the newly elected Democratic Senators. NOTIFICATION TO IDS EXCELLENCY, SENATE CONCURRENT RESOLUTIONS THE GOVERNOR RECESS ADJOURNMENT The PRESIDENT. The Chairrecognizes the gentlemanfrom Senator LOEPER offered the following resolution, which Bucks County, Senator Tomlinson. was read, considered and adopted: Senator TOMLINSON offered the following resolution, which was read, considered and adopted: 1995 LEGISLATIVE JOURNAL - SENATE 13

In the Senate, January 3, 1995 Senator ROBBINS. Mr. President, I am honored and proud to represent the great northwest ofPennsylvania and offer the RESOLVED, (the House of Representatives concuning), That following resolution and move for its immediate adoption. when the Senate adjourns this week it reconvene on Tuesday, January 17, 1995, unless sooner recalled by the President Pro Tempore ofthe SenatorROBBINS offered the following resolution,(Senate Senate; and be it further RESOLVED, That when the House of Representatives adjourns Concurrent Resolution No.3), which was read, considered this week it reconvene on Tuesday, January 17, 1995, unless sooner and adopted: recalled by the Speaker of the House of Representatives. In the Senate, January 3, 1995 Ordered, That the Secretary ofthe Senate present the same to the House of Representatives for concurrence. RESOLVED, (the House ofRepresentatives concurring), That the President Pro Tempore of the Senate be and is hereby authorized to JOINT SESSION appoint a committee ofsixteen Senators to act in conjunction with a committee oftwenty Members ofthe House ofRepresentatives to be The PRESIDENT. The Chairrecognizes the gentlemanfrom appointed by the Speaker, to make necessary arrangements for the inauguration of the Govemor-elect to wait upon His Excellency; and Delaware, Senator Loeper. be it further Senator LOEPER. Mr. President, the next order ofbusiness , RESOLVED, That the inaugural ceremonies take place at twelve was to be the adoption of a resolution for a Joint Session. I o'clock noon on the third Tuesday ofJanuary, the seventeenth instant, would offer that resolution, but I would footnote it, however, 1995, on the Rear Plaza of the Main Capitol Building. that the time of that Joint Session has been deleted from the Ordered, That the Secretary ofthe Senate present the same resolution due to the fact that they are having a rather difficult to the House of Representatives for concurrence. time over at the House at this point and we are not able to determine exactly what the time for the Joint Session may be. ANNOUNCEMENT BY THE CHAIR So, Mr. President, with that in mind, I would offer the following resolution for the Joint Session. The PRESIDENT. For the information of all Members and Senator LOEPER offered the following resolution, which guests, we are awaiting notification from the House that they was read, considered and adopted: are, indeed, organized and prepared to accept the Members of the Senate in Joint Session for the purpose of announcing and In the Senate January 3, 1995 reporting the results of the gubernatorial and Lieutenant Governor's election. That is not possible at the moment, and RESOLVED, (the House ofRepresentatives concwring), Thatthe Senate and House ofRepresentatives meet in Joint Session, Tuesday, the Chair would simply recognize the gentleman from January 3, 1995 at _ o'clock _.M. in the Hall of the House of Delaware, Senator Loeper. Representatives for the purpose of witnessing the opening, counting Senator LOEPER. Mr. President, I was wondering at this and computing the official returns of the election for Governor and point in time, as a special order of business, if on today's Lieutenant Governor, held on Tuesday, November 8, 1994, in the agenda we niight be able to move to the order of several counties of the Commonwealth. communications and have the Secretary read certain Ordered, That the Secretary ofthe Senate present the same communications. to the House of Representatives for concurrence. The PRESIDENT. Without objection, we will return to the order of business of communications, and the Clerk will read SENATE RESOLUTION the following communications from the President pro tempore. TELLER TO COMPUTE AND COUNT VOTE FOR GOVERNOR AND LIEUTENANT GOVERNOR STANDING COMMITTEES APPOINTED The PRESIDENT. The Chair recognizes the gentlewoman from Allegheny, Senator Hart. The PRESIDENT laid before the Senate the following Senator HART offered the following resolution, which was communication, which was read by the Clerk as follows: read, considered and adopted: SENAIE OF PENNSYLVANIA In the Senate, January 3, 1995 TO: Mark Corrigan Secretary of the Senate RESOLVED, That the gentleman from Montgomery County, Senator Tilghman, be appointed Teller on the part of the Senate for FROM: Senator ROBERT C. JUBELIRER the purpose ofwitnessing the opening, computing and counting ofthe President Pro Tempore votes for Governor and Lieutenant Governor. DATE: January 3, 1995 SENATE CONCURRENT RESOLUTION Pursuant to Rule XV, as President Pro Tempore, I hereby appoint INAUGURAL COMMITTEE the following to the Standing Committees ofthe Senate for the 1995­ 96 sessions of the Senate. The appointment of minority members is The PRESIDENT. The Chair recognizes the gentlemanfrom based on the recommendation ofthe Minority Leader and the naming of minority chairmen on designation by the MinOlity Leader. Mercer, Senator Robbins. 14 LEGISLATIVE JOURNAL - SENATE JANUARY 3,

STANDING COMMITTEES OF THE SENATE OF PENNSYLVANIA ENVIRONMENTAL RESOURCES AND ENERGY SESSIONS OF 1995-1996 Brightbill, Chainnan Helfrick, Vice Chainnan AGING AND YOum Holl Greenleaf Fisher Heckler, Chainnan Rhoades Stapleton Porterfield* Rhoades, Vice Chainnan Stout Wagner Salvatore Gerlach Tomlinson FINANCE Uliana Belan Tartaglione* Hart, Chainnan Jones Schwartz Gerlach, Vice Chainnan AGRICULTURE AND RURAL AFFAIRS Helfrick Annstrong Lemmond Madigan, Chainnan Mowery Dawida* Fumo Wenger, Vice Chainnan Porterfield Stewart Helfrick Rhoades Punt GAME AND FISHERIES Robbins Stapleton* O'Pake Helfrick, Chainnan Stout Kasunic Robbins, Vice Chainnan APPROPRIATIONS Connan Brightbill Madigan Tilghman, Chainnan Delp Bodack Porterfield* Bell, Vice Chainnan Kasunic Williams Holl Greenleaf Loeper INTERGOVERNMENTAL AFFAIRS Fisher Rhoades Wenger Mowery, Chainnan Brightbill Shumaker Annstrong Baker, Vice Chainnan Madigan Peterson Fumo* Mellow O'Pake Andrezeski Tilghman Salvatore Gerlach Bodack Musto Stapleton Tomlinson Bodack* Dawida Stewart Stout Williams Hughes BANKING AND INSURANCE JUDICIARY Holl, Chainnan Greenleaf, Chainnan Connan, Vice Chainnan Shaffer, Vice Chainnan Greenleaf Loeper Shaffer Fisher Brightbill Lemmond Salvatore Musto* Afflerbach Heckler O'Pake* Andrezeski Dawida O'Pake Fumo Wagner COMMUNICATIONS AND mGH TECHNOLOGY LABOR AND INDUSTRY Annstrong, Chainnan Baker, Chainnan Tomlinson, Vice Chainnan Delp, Vice Chainnan Peterson Baker Robbins Madigan Punt Mowery Uliana Kasunic* Afflerbach Heckler Belan* LaValle Wagner Fumo Tartaglione Kasunic COMMUNITY AND ECONOMIC DEVELOPMENT LAW AND JUSTICE Shaffer, Chainnan Shumaker, Chainnan Punt, Vice Chainnan Greenleaf, Vice Chainnan Peterson Robbins Gerlach Fisher Shaffer Salvatore Tomlinson LaValle* Hughes Hart Wagner* Stewart Kasunic Tartaglione Andrezeski Tartaglione CONSUMER PROTECTION AND LOCAL GOVERNMENT PROFESSIONAL LICENSURE Robbins, Chainnan Bell, Chainnan Madigan, Vice Chainnan Shumaker, Vice Chainnan Connan Lemmond Baker Porterfield Greenleaf Shaffer Tomlinson Heckler Stewart* Uliana Jones Afflerbach* Williams Wagner LaValle Porterfield MILITARY AND VETERANS AFFAIRS EDUCATION Punt, Chainnan Rhoades, Chainnan Lemmond, Vice Chainnan Annstrong, Vice Chainnan Bell Helfrick Tomlinson Peterson Hart Mowery Delp Belan Andrezeski* Delp Schwartz* LaValle Musto Wagner O'Pake Hughes 1995 LEGISLATIVE JOURNAL - SENATE 15

PUBLIC HEALm AND WELFARE The PRESIDENT. Once again, the Chairwishes to thank all Peterson, Chainnan the Members of the Senate and their guests and all of those Hart, Vice Chainnan who have participated to make this such an enjoyable and Heckler Gerlach Uliana momentous occasion. Delp Jones· Afflerbach The Chairrecognizes the gentlemanfromDelaware, Senator Schwartz Hughes Loeper. RULES AND EXECUTIVE NOMINATIONS Senator LOEPER. Mr. President, prior to the recess, the Loeper, Chainnan gentleman from Lebanon, Senator Brightbill, has asked to be Fisher, Vice Chainnan recognized. Bell Holl Tilglunan Connan Wenger Brightbill POINT OF INFORMATION Salvatore Hart Mellow· The PRESIDENT. The Chairrecognizes the gentlemanfrom Bodack Fumo Musto O'Pake Stewart Stout Lebanon, Senator Brightbill. Senator BRIGH1BILL. Mr. President, in the interest of STATE GOVERNMENT maintaining a historically accurate record, I would like to point Lemmond, Chainnan Mowery, Vice Chainnan out that Penn State's winning series of 17 games is a Division I record, but I believe that right now the University of Bell Wenger Shumaker Pennsylvania has won at least 18 consecutive games, so the Punt Hughes· Dawida Schwartz Stewart longest winning streak in the country probably belongs to the University of Pennsylvania. TRANSPORTATION (Applause.) Connan, Chainnan The PRESIDENT. And the Senate will stand in recess. Holl, Vice Chainnan Bell Annstrong Baker AFTER RECESS Delp Stout· Belan LaValle Stapleton The PRESIDENT pro tempore (Robert C. Jubelirer) in the Chair. URBAN AFFAIRS AND HOUSING illiana, Chainnan The PRESIDENT pro tempore. The time of recess having Salvatore, Vice Chainnan expired, the Senate will come to order. Tilglunan Shumaker Hart Gerlach Williams· Andrezeski HOUSE NOTIFIES SENATE IT IS ORGANIZED Dawida Jones The PRESIDENT pro tempore. We are preparing to go over ·Minority ChaiIperson to the House ofRepresentatives. Is everybody combat-ready? The Chair recognizes the Sergeant-at-Arms. RECESS The SERGEANT-AT-ARMS. Mr. President, I have the honor to present a committee on behalf of the House of The PRESIDENT. The desk is clear at the moment. The Representatives. Chair recognizes the gentleman from Delaware, Senator The PRESIDENT pro tempore. Would you bring the Loeper. committee forth, please. Senator LOEPER. Mr. President, due to the circumstances The SERGEANT-AT-ARMS. Mr. President, I have the that are currently ongoing in the House of Representatives, it honor to present the chairman ofthe committee, the Honorable would be my suggestion at this time that the Senate do now Albert Pettit. recess to the call of the Chair, with the understanding that if The PRESIDENT pro tempore. The Chair recognizes Members and their guests could return to their offices, that if Representative Pettit. and when the House should reorganize this afternoon, that we Representative PETTIT. Mr. President, Representatives would put out a call for the Joint Session and request all Brown, Boscola, and I have been appointed as a committee of Members to report back here to the Senate for a Joint Session. the House to inform the Senate the House is organized, finally, The PRESIDENT. Does the gentleman from Lackawanna, and is ready to proceed with the business of the Session. Senator Mellow, have a similar announcement? The PRESIDENT pro tempore. The Chair thanks the Senator MELLOW. Mr. President, the only thing I would chairman of the committee. Members of the committee, you like to mention to our Democratic Members is I would ask that are free to go. they try to stay somewhere within earshot so that when we do have our Joint Session we could come back on the floor and The PRESIDENT (Lieutenant Governor MarkS. Singel) go over to the House and proceed to do our business and then in the Chair. ergoy the celebration for the remainder of the day. 16 LEGISLATIVE JOURNAL - SENATE JANUARY 3,

HOUSE MESSAGE HOUSE MESSAGES HOUSE CONCURS IN SENATE HOUSE CONCURS IN SENATE CONCURRENT RESOLUTION CONCURRENT RESOLUTIONS The Clerk of the House of Representatives informed the The Clerk of the House of Representatives informed the Senate that the House has concurred in resolution from the Senate that the House has concurred in resolutions from the Senate, entitled: Senate, entitled: Joint Session. Recess adjournment. Inaugural committee. REPORT OF COMMITTEE TO NOTIFY THE HOUSE GENERAL COMMUNICATION The PRESIDENT. The Chairrecognizes the gentlemanfrom SENATE COMMITTEE ON ETIDCS Bucks, Senator Heckler. AND OFFICIAL CONDUCT Senator HECKLER. Mr. President, I have the honor of The PRESIDENT pro tempore laid before the Senate the reporting that the committee appointed by the President pro following communication, which was read by the Clerk as tempore to informthe House ofRepresentatives that the Senate follows: is convened and organized in Regular Session has performed its duty. SENATE OF PENNSYLVANIA The PRESIDENT. The Chair thanks the gentleman. January 3, 1995 HOUSE NOTIFIES SENATE IT IS READY To: The Honorable Mark Corrigan TO CONVENE IN JOINT SESSION Secretary of the Senate The PRESIDENT. The Chair recognizes the From: Senator ROBERT C. JUBELIRER Sergeant-at-Arms. President Pro tempore The SERGEANT-AT-ARMS. Mr. President, I present a Subject: Senate Committee on Ethics committee on behalf of the House of Representatives. and Official Conduct The PRESIDENT. Would you bring the committee forth, Pursuant to Senate Rule XXXV, and in the case ofthe Minority please. members upon the recommendation of the Minority Leader, as The SERGEANT-AT-ARMS. Mr. President, I have the President Pro Tempore I hereby appoint the following Senators to the honor to present the chairman ofthe committee, the Honorable Committee on Ethics & Official Conduct: Thomas Armstrong. Senator David Brightbill, Chainnan Senator Robert Mellow, Vice Chainnan The PRESIDENT. The Chair recognizes Representative Senator Tim Shaffer Armstrong. Senator Roger Madigan Representative ARMSTRONG. Mr. President, we are a Senator Vincent Furno committee formed by the House to informyou ofour readiness Senator Jack Wagner to receive you into our Chamber and to escort the Senate REPORT OF COMMITTEE TO NOTIFY Members to the House. THE GOVERNOR The PRESIDENT. The Chair thanks Chairman Armstrong and the committee from the House. The PRESIDENT pro tempore. The Chair recognizes the gentleman from Lancaster, Senator Wenger. RECESS Senator WENGER. Mr. President, I have the honor to report The PRESIDENT. The Members of the Senate will please that the committee appointed by the President pro tempore to form a line in the center aisle immediately behind the inform the Governor that the Senate has convened and Sergeant-at-Arms and the House Committee so that we can organized in Regular Session has performed its duty. proceed to the Joint Session. The PRESIDENT pro tempore. The Chair thanks the The Chair now declares a recess of the Senate for one-half gentleman. hour. UNFINISHED BUSINESS AFTER RECESS SENATE RESOLUTION The PRESIDENT pro tempore (Robert C. Jubelirer) in DESIGNATING JANUARY 1995 AS the Chair. "PITTSBURGH RADIO MONTH" IN THIS COMMONWEALTH The PRESIDENT pro tempore. The time of recess having expired, the Senate will come to order. Senators FISHER, HART, BELAN, BODACK, DAWIDA, WAGNER and FISHER offered the following resolution 1995 LEGISLATIVE JOURNAL - SENATE 17

(Senate Resolution No.4), which was read, considered and adopted: CONDOLENCE RESOLUTIONS

In the Senate, January 3, 1995 The PRESIDENT pro tempore laid before the Senate the following resolutions, which were read, considered and A RESOLlJI10N adopted: Designating January 1995 as "Pittsburgh Radio Month" in this Condolences of the Senate were extended to the family of Commonwealth. the late Walter W. Weber, Jr., and to the family of the late Dorothy M. Coward Finley by Senator Hart. WHEREAS, Radio broadcasting is an essential service in creating public awareness of constantly changing situations in communities, Condolences of the Senate were extended to the family of this Commonwealth, the nation and the world; and the late Mullis Mitchell by Senator Hughes. WHEREAS, Radio advertising stimulates commerce which helps Condolences of the Senate were extended to the family of to maintain a stable economy; and the late Honorable James Rutherford by Senator Lemmond. WHEREAS, Pittsburgh radio stations consistently offer facilities for furthering civic projects that benefit all; and ADJOURNMENT WHEREAS, Radio broadcasters stand in constant readiness to give selfless aid in times of crisis; and The PRESIDENT pro tempore. The Chair recognizes the WHEREAS, The radio broadcasting industry has endeavored to gentleman from Delaware, Senator Loeper. provide all listeners with programs designed to infonn, educate and entertain; therefore be it Senator LOEPER. Mr. President, I move that the Senate do RESOLYED, that the Senate ofPennsyIvania designate January now adjourn until Tuesday, January 17, 1995, at 10:15 a.m., 1995 as "Pittsburgh Radio Month" in this Commonwealth. Eastern Standard Time. The motion was agreed to. CONGRATULATORY RESOLUTIONS The Senate adjourned at 4:17 p.m., Eastern Standard Time. The PRESIDENT pro tempore laid before the Senate the following resolutions, which were read, considered and adopted: Congratulations of the Senate were extended to Dr. Albert A. Alley by Senator Brightbill. Congratulations of the Senate were extended to the 1994 Pennsylvania State University Nittany Lion Football Team by Senator Corman. Congratulations of the Senate were extended to M. Todd Herion by Senator Gerlach. Congratulations of the Senate were extended to John William Weaver by Senator Helfrick. Congratulations of the Senate were extended to C. B. Kimmins by Senator Hughes. Congratulations of the Senate were extended to Mr. and Mrs. Ralph A. Varner, Mr. and Mrs. Stewart C. Crider and to Mr. and Mrs. Paul College by Senator Jubelirer. Congratulations of the Senate were extended to Mr. and Mrs. Thomas E. Miller and to Merle Romesberg III by Senator Kasunic. Congratulations ofthe Senate were extended to Jeffrey Hall, Keith Hall and to Patricia C. Bish by Senator Mowery. Congratulations of the Senate were extended to John Majewski by Senator O'Pake. Congratulations of the Senate were extended to Mr. and Mrs. John Correll by Senator Rhoades. Congratulations of the Senate were extended to Jeffrey Christian Lydzinski by Senator Salvatore. Congratulations of the Senate were extended to Mr. and Mrs. Carl V. Clark, Sr., by Senator Stapleton. Congratulations of the Senate were extended to Robert 1. Hoenisch, Scott Kristiniak and to Robert N. Dampman by Senator Tomlinson.