COMMONWEALTH OF PENNSYLVANIA

TUESDAY, FEBRUARY 13,2001

SESSION OF 2001 185TH OF THE GENERAL ASSEMBLY No. 11

SENATE A Resolution memorializing the Congress ofthe United States to enact the Fairness in Asbestos Compensation Act. TUESDAY, February 13,2001 Which was committed to the Committee on The Senate met at 1 p.m., Eastern Standard Time. INTERGOVERNMENTAL AFFAIRS, February 12,2001. The PRESIDENT (Lieutenant Governor Mark S. Schweiker) Senators TARTAGLIONE, STOUT, O'PAKE, KITCHEN, in the Chair. SCHWARTZ, WILLIAMS, LAVALLE, BODACK, MELLOW PRAYER and HUGHES presented to the Chair SR 24, entitled: A Resolution noting with great concern the current conflict between The following prayer was offered by the Secretary ofthe Sen­ the United States Navy and the citizens ofVieques, Puerto Rico. ate, Hon. MARK R. CORRIGAN: Which was committed to the Committee on MILITARY AND o God, our Father, we pause this afternoon and take these few VETERANS AFFAIRS, February 12,2001. moments to turn our attention to You, for You are the beginning and the end of all things. We thank You for all the gifts and REPORTS FROM COMMITTEES blessings You have so generously bestowed on us. Help us to be Senator BELL, from the Committee on Consumer Protection ever mindful ofthe role You must play in all human endeavors, and Professional Licensure, reported the following bills: ifthey are to truly be successful. Amen. JOURNAL APPROVED SB 137 (pr. No. 143)

The PRESIDENT. A quorum ofthe Senate being present, the An Act amending the act of March 10, 1949 (P.L.30, No.14), Clerk will read the Journal ofthe preceding Session ofFebruary known as the Public School Code of1949, providing for regulation of 12,2001. credit card marketing on a college or university campus. The Clerk proceeded to read the Journal of the preceding Session, when, on motion ofSenator BRIGHTBILL, and agreed SB 153 (Pr. No. 159) to by voice vote, further reading was dispensed with and the Journal was approved. An Act amending the act ofDecember 20, 1985 (p.L.457, No.1 12), known as the Medical Practice Act of 1985, further providing for respiratory care practitioners; and providing for refusal or suspension HOUSE MESSAGE or revocation ofrespiratory care practitioner certificates, for automatic suspension and temporary suspension ofrespiratory care practitioners, HOUSE CONCURS IN SENATE for impaired professionals and for continuing respiratory care education. CONCURRENT RESOLUTION The Clerk ofthe House ofRepresentatives informed the Sen­ SB 154 (Pr. No. 160) ate that the House has concurred in resolution from the Senate, entitled: An Act amending the act ofOctober 5, 1978 (P.L.II09, No.261), known as the Osteopathic Medical Practice Act, further providing for Recess adjournment. respiratory care practitioners certificates and permits; providing for refusal or suspension or revocation of respiratory care practitioner certificates, for automatic suspension and temporary suspension of RESOLUTIONS INTRODUCED AND REFERRED respiratory care practitioners, for impaired professionals and for The PRESIDENT laid before the Senate the following Senate continuing respiratory care education. Resolutions numbered, entitled, and referred as follows, which SB 280 (Pr. No. 286) were read by the Clerk: February 12.2001 An Act prohibiting the sale ofproducts containing dog or cat fur, skin or hair; defining a criminal offense; directing the Bureau of Senators ARMSTRONG, MOWERY, WENGER, STOUT, Consumer Protection to conduct investigations; and imposing penalties. THOMPSON, WILLIAMS and LOGAN presented to the Chair SR 22, entitled: 170 LEGISLATIVE JOURNAL - SENATE FEBRUARY 13,

SB 295 (pr. No. 299) CALENDAR

An Act providing for the regulation ofhome improvement contracts SENATE RESOLUTION No. 23 and for registration of certain home improvement contractors; CALLED UP OUT OF ORDER, ADOPTED prohibiting certain acts; prescribing requirements for home improvement contracts; establishing the Home Improvement Guaranty Senator BRIGHTBILL, without objection, called up from Fund; and providing for claims against the fund and for the offense of home improvement fraud. page 4 ofthe Calendar, as a Special Order ofBusiness, Senate . Resolution No. 23, entitled: Senator GREENLEAF, from the Committee on Judiciary, reported the following bills: A Resolution designating March 2001 as "Colorectal Cancer Awareness Month" in Pennsylvania. SB 130 (Pr. No. 137) On the question, Will the Senate adopt the resolution? An Act amending Title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes, further providing for protection from abuse orders. The yeas and nays were required by Senator BRIGHTBILL and were as follows, viz: SB 216 (Pr. No. 223) YEA-45 An Act amending Title 42 (Judiciary and Judicial Procedure) ofthe Pennsylvania Consolidated Statutes, further providing for limitations of Armstrong Greenleaf Murphy Thompson actions. Bell Helfrick Musto Tilghman Bodack Holl Q'Pake Tomlinson Boscola Hughes Piccola Waugh SB 223 (pr. No. 229) Brightbill Jubelirer Punt Wenger Conti Kasunic Rhoades White, Donald An Act amending Title 42 (Judiciary and Judicial Procedure) ofthe Corman Kitchen Robbins White, Mary Jo Pennsylvania Consolidated Statutes, further providing for aggravating Costa Kukovich Scarnati Williams circumstances in the sentencing procedure for murder ofthe first degree. Dent LaValle Schwartz Wozniak Earll Lemmond Stack Furno Logan Stout SB 253 (Pr. No. 312) Gerlach Mellow Tartaglione

An Act amending Title 42 (Judiciary and Judicial Procedure) ofthe NAY-O Pennsylvania Consolidated Statutes, further providing for extending the statute of limitations for attempt to commit murder, solicitation to commit murder and conspiracy to commit murder. A majority ofthe Senators having voted "aye," the question was detennined in the affrrmative. SB 290 (pr. No. 294) SPECIAL ORDER OF BUSINESS GUEST OF SENATOR JAKE CORMAN An Act amending Title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes, further providing for court orders PRESENTED TO mE SENATE relating to adoption records. The PRESIDENT. The Chair recognizes the gentleman from RESOLUTION REPORTED FROM COMMITTEE Centre, Senator Connan. Senator CORMAN. Mr. President, it is an honor for me to Senator CONTI, from the Committee on Intergovernmental introduce a young man who is shadowing me today, Chase Affairs, reported the following resolution: Kaniecki. He is an 11 th grade student at Indian Valley High School in Mifllin County, where he is the treasurer of student SR 8 (Pr. No. 27) council, a member of the National Honor Society, on the distinguished honor roll, and vice president ofthe safety club. He A Resolution memorializing Congress to repeal a statutory impediment tostate long-term care partnerships. also participates in the varsity club, conservation club, and works at the local YMCA, and even though he does all ofthat, he is The PRESIDENT. The resolution will be placed on the also the starting quarterback on the Indian Valley football team, Calendar. which he assures me is the leading contender for the State championship next season, so hopefully he will be back here to LEAVES OF ABSENCE take that bow later on. He also plays on the basketball and baseball teams, and I would like the Senate to give him its usual Senator BRIGHTBILL asked and obtained leaves ofabsence wann welcome. for Senator MADIGAN and Senator MOWERY, for today's The PRESIDENT. Will Chase please stand so the Senate may Session, for personal reasons. welcome you. Senator O'PAKE asked and obtained a leave of absence for (Applause.) Senator WAGNER, for today's Session, for personal reasons. 2001 LEGISLATIVE JOURNAL - SENATE 171

GUESTS OF SENATOR JAMES J. Kuliszewski. They have traveled to our State Capitol and are RHOADES PRESENTED TO THE SENATE visiting us today to learn firsthand about the workings oftheir State government. The PRESIDENT. The Chair recognizes the gentleman from Let us welcome them to our Senate Session today. Schuylkill, Senator Rhoades, to introduce some extraordinary The PRESIDENT. Will our special students and guests please guests. rise so the Senate may welcome you. Senator RHOADES. Mr. President, I really do not know his (Applause.) name or her name or its name, but I do know the people who are accompanying it. As you all know, if you were down in the GUESTS OF SENATOR JOE CONTI Rotunda, this is Vocational-Technical Week, and I am proud to PRESENTED TO THE SENATE introduce five people who are taking the project for Schuylkill County and bringing it here to us. The PRESIDENT. The Chair recognizes the gentleman from The PRESIDENT. I would mention to Senator Rhoades that Bucks, Senator Conti. . our electronic guest is about to enter the hall of the Senate. I Senator CONTI. Mr. President, I have followed some tough would direct the Members' attention to the entrance door at the acts in the past, but this is a pretty tough one to follow. It is my rear ofthe Senate. pleasure today to introduce to my colleagues here in the Senate Senator RHOADES. Mr. President, you say things are not the Villa Joseph Marie High School girls' soccer team. This happening in education, take a look, folks, yes, they are. This is soccer team captured the 2000 PlAA Class AA Girls' Soccer the Schuylkillbotics robot. It is a team made up, or at least it is State Championship. The Jems finished the season with 21 wins, composed of 12 school districts in Schuylkill County. They will 2 losses, and 2 ties, including 16 consecutive wins at the end of be entering their robot against 42 other teams in regional the season. Accompanying the team is the principal, Sister M. competition on March 22. They will start at Drexel University, Elaine, and also the head coach, John McOwen, various assistant and then from there, ifthey are successful, will go to the Epcot coaches, and parents, and I would ask you, Mr. President, to lead Center where they will compete beyond that particular point. us in our usual warm welcome to the Villa Joseph Marie High Let me tell you, you talk about a combination ofdedicated School girls' soccer team. teachers, dedicated students, and dedicated industry, these people The PRESIDENT. Would the Jems, the principal, coaches, worked not only in the regular school day, but they worked at and parents please rise so the Senate may welcome you. night time, they worked Saturdays. This past Sunday, they spent (Applause.) the entire day working on this project. Materials were donated. The PRESIDENT. The Chair would acknowledge the The businesses in our area contributed more than half of the wondrous season that the Jems enjoyed. Congratulations and $5,000 entrance fee for our students to be able to compete in this super work in the year 2000. national competition. SENATE RESOLUTIONS ADOPTED Mr. Tom Wiley is the CAD Director, Mr. Jack Coreia is the machine trades technician, Sam Schwarz is a student from Senator JUBELIRER, on behalf of himself and Senators Tamaqua Area School District, Bobbie Burkey is a student from MOWERY and BRIGHTBILL, by unanimous consent, offered Blue Mountain School District, and William Raibeck is a student Senate Resolution No. 25, entitled: from Shenandoah Valley School District. With them is Dr. Jim A Resolution recognizing February 2001 as "American Heart Gallagher, who is head ofour vocational-technical program in Month" in Pennsylvania. Schuylkill County. I would appreciate it if the Senate would extend its usual On the question, wann welcome to our guests. Will the Senate adopt the resolution? The PRESIDENT. Would the Members please acknowledge The PRESIDENT. The Chair recognizes the gentleman from our special guests. Blair, Senator Jubelirer. (Applause.) .The PRESIDENT pro tempore. Mr. President, just very The PRESIDENT. To our special guests, I am sure I speak for brIefly, on behalfofSenator Mowery, the prime sponsor ofthis, all Members ofthe Senate when I acknowledge the unique work I want to call to the Members' attention that February is indeed that you have presented to us today. Thank you so much. American Heart Month in Pennsylvania and that coronary heart The Chair sees a unique use for that robotic machine, but I disease is the number one killer ofAmericans. I do not know that will leave that for another day. Thank you, gentlemen. Well I need to go through the entire resolution, Mr. President, but I done. think all ofus know very well the seriousness ofpaying attention GUESTS OF SENATOR NOAH W. to what is our nation's number one killer, and Pennsylvania is no WENGER PRESENTED TO THE SENATE different. As we commemorate the resolution calling for American Heart Month in February, which is certainly the The PRESIDENT. The Chair recognizes the gentleman from appropriate month for that, I hope all ofus remember, I think it Lancaster, Senator Wenger. ~as w~se ofSenator Mowery to introduce this, and all ofus join Senator WENGER. Mr. President, it is my pleasure today to m hopmg that someday heart disease will not be the killer that it introduce some students from the Veritas Academy in Leola, is today. Lancaster County, who are accompanied by their teacher, Mr. Thank you. 172 LEGISLATIVE JOURNAL - SENATE FEBRUARY 13,

And the question recurring, national defense relies on a strong steel manufacturing base, and Will the Senate adopt the resolution? is ofparamount concern to America and our allies. A voice vote having been taken, the question was determined Mr. President, this crisis has generated, and will continue to in the affmnative. generate, surges of imports of steel into the United States by flooding the American market with foreign steel at prices Senators MOWERY, ARMSTRONG, BOSCOLA, severely below production costs, thereby posing an unfair BRIGHTBILL, O'PAKE, STOUT, WAGNER, SCHWARTZ, advantage in the marketplace to the American steel industry, its THOMPSON, TILGHMAN, TOMLINSON, LOGAN, workers, and its families. MURPHY, MUSTO, GREENLEAF, EARLL, GERLACH and Mr. President, we have heard recent economic reports which KASUNIC, by unanimous consent, offered Senate Resolution tell us that a recession is looming on the horizon. This country No. 26, entitled: may be headed for some rough economic times, and therefore requires prompt Federal action and initiatives that would address A Resolution designating March 6, 2001, as "Lymphedema D-Day" steel dumping. Recent reports confum that 14 steel companies in Pennsylvania have already filed for bankruptcy protection, and the impact of this problem goes well beyond one industry. Which was read, considered, and adopted by voice vote. Mr. President, this resolution seeks to call on the President of the United States and the Federal government to take necessary Senator CONTI, by unanimous consent, offered Senate action to pursue enhanced enforcement of United States trade Resolution No. 27, entitled: laws with respect to steel dumping. Further, we must seek action to establish a more equitable solution to this problem by having A Resolution honoring the Anny Nurse Corps on the occasion of the executive branch ofthe Federal government closely monitor its 100th anniversary. this economic problem and provide a report to the Congress of the United States as soon as possible. This report must contain a Which was read, considered, and adopted by voice vote. workable plan for addressing the surge in all steel imports. President, I respectfully request the support of my Senators LOGAN, WAGNER, BOSCOLA, LAVALLE, Mr. colleagues for this important resolution, and that the resolution BODACK, COSTA, STOUT, WHITE, M.J., TARTAGLIONE, be sent to President Bush, Vice President Cheney, our two KUKOVICH, THOMPSON, TOMLINSON, STACK, MUSTO, United States Senators, and our entire Congressional delegation. BELL, KITCHEN, MELLOW, SCHWARTZ, O'PAKE, Thank you, Mr. President. KASUNIC, WOZNIAK, MOWERY, RHOADES, EARLL MURPHY and GERLACH, by unanimous consent, offered And the question recurring, Senate Resolution No. 28, entitled: Will the Senate adopt the resolution? A Resolution calling on the President ofthe United States and the A voice vote having been taken, the question was determined Federal Government to take all necessary and appropriate action to in the affirmative. respond to the continuing surge of steel imports, including specialty steel imports, resulting from finailcial crises in Asia, Russia and other Senators PICCOLA, HELFRICK, STACK, HUGHES, foreign nations. LAVALLE, TARTAGLIONE, ROBBINS, MOWERY, WAGNER, ARMSTRONG, KASUNIC, WENGER, On the question, TOMLINSON, MURPHY, STOUT, WHITE, MELLOW, Will the Senate adopt the resolution? O'PAKE, COSTA, JUBELIRER, THOMPSON, PUMO, DENT, KUKOVICH, LOGAN, LEMMOND, WAUGH, BRIGHTBILL, The PRESIDENT. The Chair recognizes the gentleman from EARLL and MUSTO, by unanimous consent, offered Senate Allegheny, Senator Logan. Resolution No. 29, entitled: Senator LOGAN. Mr. President, unfortunately, the issue of foreign steel dumping into the United States steel markets is still A Resolution declaring the week ofFebruary 11 through 17,2001, continuing in this country. This is inappropriate, and action must as "Child Passenger Safety Week" in Pennsylvania be taken at the Federal level to address this deep economic concern for all Americans. Which was read, considered, and adopted by voice vote. Mr. President, in November of1998, this Senate proposed and adopted similar resolutions, Senate Resolution No. 246 and RECESS Senate Resolution No. 251. Nonetheless, the practice of steel The PRESIDENT. The Chair recognizes the gentleman from dumping still continues to devastate our economy. Pennsylvania Lebanon, Senator Brightbill. employs thousands ofindividuals in metal and fabricated metal Senator BRIGHTBll..L. Mr. President, I ask for a recess ofthe products. There is no doubt that the American steel industry Senate for the purpose ofa Republican caucus. We expect the holds an important place in our history ofPennsylvania for its caucus to begin in about 10 or 15 minutes. We expect it to be a contributions to business and industry. Moreover, the American short caucus, and then we will return after caucus to complete steel industry also plays a vital role in our national security, today's Calendar. which depends totally on a strong domestic steel economy. Our 2001 LEGISLATIVE JOURNAL - SENATE 173

The PRESIDENT. The Chair recognizes the gentleman from BILL OVER IN ORDER Lackawanna, Senator Mellow. Senator MELLOW. Mr. President, we shall await the SB 238 -- Without objection, the bill was passed over in its order at the request of Senator BRIGHTBILL. conclusion of the Republican caucus. We have no reason to caucus today. The PRESIDENT. Without objection, for the purpose of a BILL ON THIRD CONSIDERATION Republican caucus to begin in a few moments, this Senate stands AND FINAL PASSAGE in recess. SB 239 (pr. No. 285) -- The Senate proceeded to AFTER RECESS consideration ofthe bill, entitled: The PRESIDENT pro tempore (Robert C. Jubelirer) in An Act designating a bridge on State Route 44, over Little Pine the Chair. Creek in. Lycoming County, as the Lieutenant Michael Wolf Bridge; designating a portion ofthe MonlFayette Expressway, State Route 43, as the J. Barry Stout Expressway; designating a portion of the The PRESIDENT pro tempore. The time of recess having MonlFayette Expressway, State Route 43, as the James 1. Manderino expired, the Senate will come to order. Memorial Highway; designating the twin bridges at milepost 45 ofthe Mon/Fayette Expressway as the Joe Montana Bridges; designating State CONSIDERATION OF CALENDAR RESUMED Route 1077 in Donora Borough and Carroll Township, Washington County, as the Stan Musial Byway; designating a portion ofState Route THIRD CONSIDERATION CALENDAR 24 in York County as the 24th Infantry Division Association Highway; designating a bridge on the MonlFayette Expressway as the Braddock's Crossing Bridge; designating a portion ofthe MonlFayette Expressway, BILL OVER IN ORDER State Route 43, as the Medal of Honor Highway; designating State Route 65 as the 65th Infantry Division Memorial Highway; designating SO 32 -- Without objection, the bill was passed over in its a certain bridge on State Route 1002 over French Creek in Venango Borough, Crawford County, as the Venango Veterans Memorial Bridge; order at the request ofSenator BRIGHTBILL. designating Exit lOin Harborcreek Township, Erie County, on Interstate 90 as the Trooper Matthew R. Bond Memorial Interchange; BILL AMENDED designating a portion of U.S. Route 62, Pennsylvania Route 8 in Venango County as the Colonel Francis S. Gabreski Highway; SO 236 (pr. No. 282) -- The Senate proceeded to designating a portion ofKittanning Bypass in Annstrong County as the Henry Livengood Memorial Highway; designating the dam known as consideration ofthe bill, entitled: the Fabridam, between Sunbury, Northumberland County, and Shamokin Dam, Snyder County, as the Adam T. Bower Memorial Dam; An Act amending Title 75 (Vehicles) of the Pennsylvania designating a certain bridge on State Route 655 over the Juniata River Consolidated Statutes, amending definitions; and further providing for as the Mapleton Area Veterans Memorial Bridge; designating a certain duration of lien recorded on certificate of title, for registration of bridge on Interstate 79 over the Ohio River at Neville Island as the vehicles, for restrictions on use ofhighways and bridges, for depositing Pittsburgh Naval and Shipbuilders Memorial Bridge 1941-1945; and waste and other material on highway, property or water, for vehicle size designating a bridge in the Borough ofRenovo, Clinton County, as the and for powers oflocal authorities. Pennsylvania Railroad Bridge. Considered the third time and agreed to, On the question, And the amendments made thereto having been printed as Will the Senate agree to the bill on third consideration? required by the Constitution, Senator BRIGHTBILL offered the following amendment No. A0459: On the question, Shall the bill pass fmally? Amend Title, page 1, line 2, by striking out "and further providing" and inserting: further providing for implements ofhusbandry, The yeas and nays were taken agreeably to the provisions of Amend Title, page 1, line 4, by striking out "registration of the Constitution and were as follows, viz: vehicles" and inserting: certificate ofinspection Amend Title, page 1, line 6, by striking out "vehicle size and for YEA-45 powers" and inserting: powers and responsibilities Amend Title, page 1, line 7, by removing the period after Armstrong Greenleaf Murphy Thompson "authorities" and inserting: and penalties related thereto and for refunds. Bell Helfrick Musto Tilghman Bodack Holl O'Pake Tomlinson On the question, Boscola Hughes Piccola Waugh Brightbill Jubelirer Punt Wenger Will the Senate agree to the amendment? Conti Kasunic Rhoades White, Donald It was agreed to. Connan Kitchen Robbins White, Mary Jo Without objection, the bill, as amended, was passed over in its Costa Kukovich Scamati Williams Dent LaValle Schwartz Womiak order at the request ofSenator BRIGHTBILL. Earll Lemmond Stack Furno Logan Stout BILL OVER IN ORDER TEMPORARILY Gerlach Mellow Tartaglione

SO 237 -- Without objection, the bill was passed over in its NAY-O order tempor~lyat the request ofSenator BRIGHTBILL. 174 LEGISLATIVE JOURNAL - SENATE FEBRUARY 13,

A constitutional majority of all the Senators having voted Senator LaVALLE offered the following amendment No. "aye," the question was determined in the affIrmative. A0467: Ordered, That the Secretary ofthe Senate present said bill to the House ofRepresentatives for concurrence. Amend Title, page I, line 4, by inserting after "permits": , for prohibitions on emission inspection program expenditures Amend Sec. 4, page 4, lines 8 and 9, by striking out ", 4524(b), SECOND CONSIDERATION CALENDAR 4923, 4941 (a) and (c), 4963 and 4968(a)(2) and (3)" and inserting: and 4524(b) BILL ON SECOND CONSIDERATION Amend Bill, page 5, by inserting between lines 2 and 3: Section 4.1. Section 4706 of Title 75 is amended by adding a subsection to read: SB 33 (pr. No. 207) -- The Senate proceeded to consideration § 4706. Prohibition on expenditures for emission inspection ofthe bill, entitled: program. *** An Act reenacting and amending the act of December 20, 1996 (k) Process to suspend vehicle emission inspection program.- (P.L.1504, No.195), known as the Taxpayers' Bill ofRights, providing (I) By March 31. 200 I. the department shall establish a Policy for a report to the General Assembly; and eliminating the expiration Review Group to evaluate emission reductions achieved under the date ofthe act. Vehicle Emission Inspection and Maintenance Program. The Policy Review Group shall make recommendations to the department. which include necessary changes to the program as a result of On­ Considered the second time and agreed to, Board Diagnostic system checks or other emerging technologies Ordered, To be printed on the Calendar for third relating to vehicle emissions. consideration. (2) The department shall report to the General Assembly regarding the results of the Policy Review Group's study and evaluation ofthe program. The report shall be issued no later than BILL OVER IN ORDER six months after the Environmental Protection Agency issues a final rule governing On-Board Diagnostic system checks or other SB 215 -- Without objection, the bill was.passed over in its emerging technologies relating to vehicle emissions or no later than order at the request ofSenator BRIGHTBILL. March 31. 2002. whichever occurs sooner. (3) Ifthe department fails to issue the report as required under paragraph (2), or fails to apply the On-Board Diagnostic system SENATE RESOLUTION No. 21, ADOPTED checks uniformly in those areas ofthis Commonwealth which are required by the Environmental Protection Agency to perform a Senator BRIGHTBILL, without objection, called up from vehicle· emissions test. the Vehicle Emission Inspection and Maintenance Program shall be suspended. page 4 ofthe Calendar, Senate Resolution No. 21, entitled: Section 4.2. Sections 4923, 4941(a) and (c), 4963 and 4968(a)(2) and (3) ofTitle 75 are amended to read: A Resolution commending the Pennsylvania Association of Student Amend Sec. 10, page 17, line 18, by inserting after "75 PaC.S. §§": Assistance Professionals for the outstanding work it and its members do 4706(k), on behalf ofat-risk children. On the question, On the question, Will the Senate agree to the amendment? Will the Senate adopt the resolution? A voice vote having been taken, the question was determined The PRESIDENT pro tempore. The Chair recognizes the in the affInnative. gentleman from Beaver, Senator LaValle. Senator LaVALLE. Mr. President, I rise to support the SB 237 CALLED UP amendment, and would like to make some brief comments relative to this amendment. I thank Senator Brightbill for SB 237 (Pr. No. 283) - Without objection, the bill, which spending 2 days in trying to work out an agreement on the previously went over in its order temporarily, was called up, from amendment that I believe eventually will at least give the page 2 of the Third Consideration Calendar, by Senator opportunity for those people in southwestern and southeastern BRIGHTBILL. Pennsylvania to be treated fairly with the auto emissions program. As you know, I have tried for the last 7 years, along BILL AMENDED with Senator Kukovich and others, to at least bring some fairness to the program, in that southeastern and southwestern SB 237 (Pr. No. 283) -- The Senate proceeded to Pennsylvania were the only people being subjected to the auto consideration ofthe bill, entitled: emissions test, even though we were in fact paying to clean air that was coming in from other areas. EPA has not responded to An Act amending Title 75 (Vehicles) of the Pennsylvania that. I think this amendment at least gives us a time certain so Consolidated Statutes, further providing for registration ofvehicles, for that the opportunity is there for the people in southwestern and registration violations and suspensions, for accidents involving overturned vehicles, for permits and for vehicle size, weight and load; southeastern Pennsylvania to at least be treated fairly. The and further providing for liquid fuels and fuels tax refunds. possibility exists for the program to be suspended in those two areas, ifin fact EPA and some other departments do not respond On the question, to what we would like them to respond to. Will the Senate agree to the bill on third consideration? 2001 LEGISLATIVE JOURNAL - SENATE 175

I could go on and on, Mr. President, because this has been an YEA-45 issue with me, as I said, since 1993. Recently when DEP and PennDOT decided they would delay implementing a program in Annstrong Greenleaf Murphy Thompson Bell Helfrick Musto Tilghman southcentral Pennsylvania, it raised the issue again. It is not a Bodack Holl Q'Pake Tomlinson clean air issue. I think we are all for clean air. The issue with me Boscola Hughes Piccola Waugh has been if we are going to do a program where some auto Brightbill Jubelirer Punt Wenger Conti Kasunic Rhoades White, Donald owners in our State have to pay for cleaner air, then it should be Connan Kitchen Robbins White, Mary Jo administered fairly. In southwestern Pennsylvania, and I think Costa Kukovich Scamati Williams most ofyou know that the adjacent States ofWest Virginia and Dent LaValle Schwartz Wozniak Earll Lemmond Stack Ohio and those other areas south and west are not under the same Furno Logan Stout rules and regulations that we are, and EPA needs to take a look Gerlach Mellow Tartaglione at that, and we intend to encourage them to do it. There is no reason why people in Pennsylvania should be subjected to an NAY-O auto emissions test, spending good dollars to clean air coming in from somewhere else. A constitutional majority of all the Senators having voted So, Mr. President, I again want to thank Senator Brightbill. It "aye," the question was determined in the affIrmative. has taken a long time to get this far, and this is as far as we have Ordered, That the Secretary ofthe Senate present said bill to ever gotten. At least I believe this gives a chance for the people the House ofRepresentatives for concurrence. in southwestern and southeastern Pennsylvania to get some fairness into the program. EXECUTIVE NOMINATIONS Thank you, Mr. President. EXECUTIVE SESSION

The PRESIDENT (Lieutenant Governor Mark S. Motion was made by Senator ROBBINS, Schweiker) in the Chair. That the Senate do now resolve itselfinto Executive Session for the purpose ofconsidering certain nominations made by the And the question recurring, Governor. Will the Senate agree to the amendment? Which was agreed to by voice vote. It was agreed to. Without objection, the bill, as amended, was passed over in its NOMINATIONS TAKEN FROM TABLE order at the request ofSenator BRIGHTBILL. SPECIAL ORDER OF BUSINESS Senator ROBBINS. Mr. President, I call from the table certain nominations and ask for their consideration. SUPPLEMENTAL CALENDAR No.1 The Clerk read the nominations as follows: BILL ON THIRD CONSIDERATION AND FINAL PASSAGE SECRETARY OF CORRECTIONS

SB 236 (pr. No. 450) - The Senate proceeded to January 12,2001 consideration ofthe bill, entitled: To the Honorable, the Senate An Act amending Title 75 (Vehicles) of the Pennsylvania ofthe Commonwealth ofPennsylvania: Consolidated Statutes, amending definitions; further providing for implements ofhusbandry, for duration ofHen recorded on certificate of In confonnity with law, I have the honor hereby to nominate for the title, for certificate ofinspection, for restrictions on use ofhighways and advice and consent ofthe Senate, Jeffrey A. Beard, Ph.D., 2520 Lisburn bridges, for depositing waste and other material on highway, property Road, Camp Hill 17011, Cumberland County, Thirty-first Senatorial or water, for powers and responsibilities of local authorities and District, for appointment as Secretary ofCorrections, to serve until the penalties related thereto and for refunds. third Tuesday ofJanuary 2003 and until his successor is appointed and qualified, vice The Honorable Martin F. Hom, Harrisburg, resigned.

Considered the third time and agreed to, THOMAS 1. RIDGE And the amendments made thereto having been printed as Governor required by the Constitution, MEMBER OF THE BOARD OF GOVERNORS OF On the question, THE STATE SYSTEM OF HIGHER EDUCATION Shall the bill pass fmally? January 4, 2001 The yeas and nays were taken agreeably to the provisions of the Constitution and were as follows, viz: To the Honorable, the Senate ofthe Commonwealth ofPennsylvania: 176 LEGISLATIVE JOURNAL - SENATE FEBRUARY 13,

In conformity with law, I have the honor hereby to nominate for the MEMBER OF THE PENNSYLVANIA PUBLIC advice and consent ofthe Senate, Charles A. Gomulka, 3160 McCully . TELEVISION NETWORK COMMISSION Road, Allison Park 15101, Allegheny County, Fortieth Senatorial District, for reappointment as a member ofthe Board ofGovernors of the State System ofHigher Education, to serve until December 31, 2004 December 13, 2000 and until his successor is appointed and qualified. To the Honorable, the Senate THOMAS J. RIDGE ofthe Commonwealth ofPennsylvania: Governor In conformity with law, I have the honor hereby to nominate for the MEMBER OF THE BOARD OF GOVERNORS OF advice and consent of the Senate, Jerry Thompson, 1714 Sturbridge THE STATE SYSTEM OF HIGHER EDUCATION Drive, Sewickley 15143, Allegheny County, Fortieth Senatorial District, for appointment as a member of the Pennsylvania Public Television Network Commission, to serve for a term of six years or until his January 4, 2001 successor is appointed and qualified, but not longer than six months beyond that period, vice Rania L. Harris, Pittsburgh, whose term To the Honorable, the Senate expired. ofthe Commonwealth ofPennsylvania: THOMAS 1. RIDGE In conformity with law, I have the honor hereby to nominate for the Governor advice and consent ofthe Senate, Kim E. Lyttle, 5-C Jenny Lynn Court, Pittsburgh 15239, Allegheny County, Forty-fifth Senatorial District, for MEMBER OF THE PENNSYLVANIA PUBLIC reappointment as a member of the Board of Governors of the State TELEVISION NETWORK COMMISSION System ofHigher Education, to serve until December 31, 2004 and until his successor is appointed and qualified. January 19,2001 THOMAS J. RIDGE Governor To the Honorable, the Senate ofthe Commonwealth ofPennsylvania: MEMBER OF THE BOARD OF GOVERNORS OF THE STATE SYSTEM OF HIGHER EDUCATION In conformity with law, I have the honor hereby to nominate for the advice and consent ofthe Senate, Patrick F. Toole, 68 Fay Lane, P.O. Box 248, Lewisburg 17837, Union County, Twenty-seventh Senatorial January 4,2001 District, for reappointment as a member of the Pennsylvania Public Television Network Commission, to serve for a term ofsix years or until To the Honorable, the Senate his successor is appointed and qualified, but not longer than six months ofthe Commonwealth ofPennsylvania: beyond that period.

In conformity with law, I have the honor hereby to nominate for the THOMAS 1. RIDGE advice and consent of the Senate, John K. Thornburgh, 2538 Governor Lindenwood Drive, Wexford 15090, Allegheny County, Fortieth Senatorial District, for reappointment as a member of the Board of MEMBER OF THE STATE REAL Governors of the State System of Higher Education, to serve until ESTATE COMMISSION December 31, 2004 and until his successor is appointed and qualified.

THOMAS J. RIDGE December 13, 2000 Governor To the Honorable, the Senate MEMBER OF THE PENNSYLVANIA PUBLIC ofthe Commonwealth ofPennsylvania: TELEVISION NETWORK COMMISSION In conformity with law, I have the honor hereby to nominate for the advice and consent ofthe Senate, Sandrina J. Taraszki, 3725 Amherst January 19,2001 Road, Erie 16506, Erie County, Forty-ninth Senatorial District, for reappointment as a member ofthe State Real Estate Commission, to To the Honorable, the Senate serve for a term offour years and until her successor is appointed and ofthe Commonwealth ofPennsylvania: qualified, but not longer than six months beyond that period.

In conformity with law, I have the honor hereby to nominate for the THOMAS 1. RIDGE advice and consent ofthe Senate, Howard A. Myrick, 630 West AlIens Governor Lane, Philadelphia 19119, Philadelphia County, Fourth Senatorial District, for reappointment as a member of the Pennsylvania Public MEMBER OF THE BOARD OF TRUSTEES Television Network Commission, to serve for a term ofsix years or until OF SELINSGROVE CENTER his successor is appointed and qualified, but not longer than six months beyond that period. January 17,2001 THOMAS 1. RIDGE Governor To the Honorable, the Senate ofthe Commonwealth ofPennsylvania: 2001 LEGISLATIVE JOURNAL - SENATE 177

In conformity with law, I have the honor hereby to nominate for the MEMBER OF THE COUNCIL OF TRUSTEES OF advice and consent of the Senate, Orlando C. Scopelliti, 150I West WEST CHESTER UNIVERSITY OF PENNSYLVANIA Mulberry Street, Shamokin 17872, Northumberland County, Twenty­ seventh Senatorial District, for reappointment as a member ofthe Board OF THE STATE SYSTEM OF HIGHER EDUCATION of Trustees ofSelinsgrove Center, to serve until the third Tuesday of January 2007, and until his successor is appointed and qualified. February 1,2001 To the Honorable, the Senate THOMAS J. RIDGE ofthe Commonwealth ofPennsylvania: Governor In conformity with law, I have the honor hereby to nominate for the COMMONWEALTH TRUSTEE OF TEMPLE advice and consent of the Senate, Laurence Harmelin, Esquire, 1311 UNIVERSITY-OF THE COMMONWEALTH Murdock Drive, West Chester 19380, Chester County, Nineteenth SYSTEM OF HIGHER EDUCATION Senatorial District, for reappointment as a member ofthe Council of Trustees of West Chester University of Pennsylvania of the State December 12,2000 System ofHigher Education, to serve until the third Tuesday ofJanuary 2007, and until his successor is appointed and qualified. To the Honorable, the Senate ofthe Commonwealth ofPennsylvania: THOMAS 1. RIDGE Governor In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Jerry L. Volpe, 767 Ashton Road, MEMBER OF THE COUNCIL OF TRUSTEES OF Bensalem 19020, Bucks County, Sixth Senatorial District, for WEST CHESTER UNIVERSITY OF PENNSYLVANIA appointment as a Commonwealth Trustee ofTemple University-ofthe Commonwealth System ofHigher Education, to serve until October 14, OF THE STATE SYSTEM OF HIGHER EDUCATION 2004, and until his successor is appointed and qualified, vice James A. Williams, Holland, whose term expired. January 30, 2001 To the Honorable, the Senate THOMAS J. RIDGE ofthe Commonwealth ofPennsylvania: Governor In conformity with law, I have the honor hereby to nominate for the MEMBER OF THE COUNCIL OF TRUSTEES OF advice and consent ofthe Senate, Alan P. Novak, 1302 West Chester WEST CHESTER UNIVERSITY OF PENNSYLVANIA Road, Coatesville 19320, Chester County, Nineteenth Senatorial OF THE STATE SYSTEM OF HIGHER EDUCATION District, for appointment as a member of the Council of Trustees of West Chester University ofPennsylvania ofthe State System ofHigher Education, to serve until the third Tuesday ofJanuary 2007, and until February 1,2001 his successor is appointed and qualified, vice The Honorable 1. Curtis Joyner, West Chester, whose term expired. To the Honorable, the Senate ofthe Commonwealth ofPennsylvania: THOMAS J. RIDGE Governor In conformity with law, I have the honor hereby to nominate for the advice and consent ofthe Senate, Carol T. Aichele, 2424 Dickson Lane, Malvern 19355, Chester County, Nineteenth Senatorial District, for MEMBER OF THE COUNCIL OF TRUSTEES OF reappointment as a member ofthe Council ofTrustees ofWest Chester WEST CHESTER UNIVERSITY OF PENNSYLVANIA University ofPennsylvania ofthe State System ofHigher Education, to OF THE STATE SYSTEM OF HIGHER EDUCATION serve until the third Tuesday ofJanuary 2007, and until her successor is appointed and qualified. January 30, 2001 THOMAS 1. RIDGE To the Honorable, the Senate Governor ofthe Commonwealth ofPennsylvania:

MEMBER OF THE COUNCIL OF TRUSTEES OF In conformity with law, I have the honor hereby to nominate for the WEST CHESTER UNIVERSITY OF PENNSYLVANIA advice and consent ofthe Senate, The Honorable Elinor Z. Taylor, 859 Spruce Avenue, West Chester 19382, Chester County, Nineteenth OF THE STATE SYSTEM OF HIGHER EDUCATION Senatorial District, for appointment as a member of the Council of Trustees of West Chester University of Pennsylvania of the State February 1,2001 System ofHigher Education, to serve until the third Tuesday ofJanuary 2003, and until her successor is appointed and qualified, vice Johanna To the Honorable, the Senate K. Havlick, Newtown Square, deceased. ofthe Commonwealth ofPennsylvania: THOMAS 1. RIDGE In conformity with law, I have the honor hereby to nominate for the Governor advice and consent ofthe Senate, Thomas A. Fillippo, 245 Mine Road, Malvern 19355, Chester County, Nineteenth Senatorial District, for MEMBER OF THE BOARD OF TRUSTEES reappointment as a member ofthe Council ofTrustees ofWest Chester University ofPennsylvania ofthe State System ofHigher Education, to OF WHITE HAVEN CENTER serve until the third Tuesday ofJanuary 2007, and until his successor is appointed and qualified. January 17,2001 THOMAS 1. RIDGE To the Honorable, the Senate Governor ofthe Commonwealth ofPennsylvania: 178 LEGISLATIVE JOURNAL- SENATE FEBRUARY 13,

In confonnity with law, I have the honor hereby to nominate for the Congratulations of the Senate were extended to Edward advice and consent ofthe Senate, Catherine A. Warren, P.O. Box 153, O'Brien, Anthony Kane, Dr. Alberta Finch, Denise Chaytor, Hazleton 18201, Luzerne County, Fourteenth Senatorial District, for reappointment as a member ofthe Board ofTrustees ofWhite Haven Linda Hendrixson, Codi Nevil, Eugene Learn, Melissa Mattson, Center, to serve until the third Tuesday ofJanuary 2007, and until her Janine Kwasny, Bob Moses, Charles D. DeBellis, Justin Howell, successor is appointed and qualified. Grant Miller, Junior Achievement ofLehigh Valley and to J. T. Lambert Intermediate School of East Stroudsburg by Senator THOMAS 1. RIDGE Governor Boscola. On the question, Congratulations of the Senate were extended to Wilma Will the Senate advise and consent to the nominations? Alvarez, Cordelia E. Miller, Lehigh Valley Division of the National Association ofSocial Workers and to the Lehigh Valley The yeas and nays were required by Senator ROBBINS and Chapter of the American Red Cross by Senators Boscola and were as follows, viz: Dent. Congratulations of the Senate were extended to Alexander YEA-45 Gates by Senator Brightbill. Congratulations ofthe Senate were extended to Sean Michael Armstrong Greenleaf Murphy Thompson Bell Helfrick Musto Tilghman Carrington, Michael Robert McMaster, Cameron Caldwell Bodack Holl Q'Pake Tomlinson Doman, William 1. Goldman, Sr., Kyle N. Ohlson, David E. Boscola Hughes Piccola Waugh Redington, Gavin J. Lawler, John A. Kelly, David R. Masceri, Brightbill Jubelirer Punt Wenger Conti Kasunic Rhoades White, Donald Jr., Daniel A. Skwara, Thomas G. Tomaras and to Barry Corman Kitchen Robbins White, Mary Jo Heckenswiler by Senator Conti. Costa Kukovich Scarnati Williams Congratulations of the Senate were extended to Christina Dent laValle Schwartz Wozniak Earll Lemmond Stack Crabtree by Senators Conti and Greenleaf. Furno Logan Stout Congratulations ofthe Senate were extended to Mr. and Mrs. Gerlach Mellow Tartaglione Robert B. Rheam, Mr. and Mrs. Lynn V. Hakin, Mr. and Mrs. Malcolm Kunes, Joshua M. Korman, Jason Pruszko, Bellefonte NAY-O Area High School Academic Decathlon Team and to the Pennsylvania State University Commission for Women by A constitutional majority of all the Senators having voted Senator Corman. "aye," the question was determined in the affIrmative. Congratulations ofthe Senate were extended to Mr. and Mrs. Ordered, That the Governor be informed accordingly. J. Ross Metz by Senators Corman and Jubelirer. Congratulations of the Senate were extended to Emma EXECUTIVE SESSIONRISES Kubasak Senkewitz, Lawrence Nee, Anita Costa, Elizabeth Smulo and to the Pennsylvania Association ofStudent Assistance Senator ROBBINS. Mr. President, I move that the Executive Professionals (PASAP) by Senator Costa. Session do now rise. Congratulations ofthe Senate were extended to the Woodland The motion was agreed to by voice vote. Hills High School Football Team by Senators Costa, Bodack, and Logan. UNFINISHED BUSINESS Congratulations ofthe Senate were extended to William R. CONGRATULATORY RESOLUTIONS Jennings by Senators Costa and Murphy. The PRESIDENT laid before the Senate the following Congratulations ofthe Senate were extended to Dr. and Mrs. resolutions, which were read, considered, and adopted by voice Douglas N. Walck, Mr. and Mrs. Joseph Henry, Robin Crawford, vote: Charles Bauder, Andrew Joseph Bechtel and to the Polish Congratulations ofthe Senate were extended to Mr. and Mrs. Community ofthe Lehigh Valley by Senator Dent. Aristoteles Theros, Mr. and Mrs. Charles Steele, Jr., Mr. and Congratulations ofthe Senate were extended to Andy Patari Mrs. Lester Herman, Mr. and Mrs. Harry Weaver, Mr. and Mrs. by Senators Dent and Brightbill. Robert Groff, Mr. and Mrs. Joseph Ganse, Peter Harrower, Congratulations of the Senate were extended to John and Andrew Alwine, Michael Marino, Michael Lundquist, Jamie Dolores Kulik by Senators Dent and Gerlach. Morgan, Peter Karpew, G. Nicholas Fritsch, Jamie Aten, Kyle Congratulations of the Senate were extended to Thomas 1. Wall, Michael Sloan, Edward P. Schreiner and to Abigail Fryer Matta and to Louise T. Straub Dossert by Senator Earll. by Senator Armstrong. Congratulations of the Senate were extended to Thomas A. Congratulations ofthe Senate were extended to Mr. and Mrs. Leonard by Senator Furno. Tony Lacoangelo, Mr. and Mrs. Henry Siefert, Mr. and Mrs. Congratulations of the Senate were extended to Ryan C. David H. Lee, Quintin D. Schroeder, Albert Hendershot, Regina McCloskey and to lain Robert Riley by Senator Gerlach. McGrath and to Liberty Bell Lodge 1776, International Congratulations of the Senate were extended to Kathryn Association ofMachinists and Aerospace Workers, ofEssington, Stephanoffby Senator Gerlach and others. by Senator Bell. Congratulations ofthe Senate were extended to Mr. and Mrs. Congratulations of the Senate were extended to Michael Vittorio Parrella and to Patricia Kaelin Pierantozzi by Senator Fontanazza by Senator Bodack. Greenleaf. 2001 LEGISLATIVE JOURNAL - SENATE 179

Congratulations ofthe Senate were extended to Mr. and Mrs. Richard Powell, Brian Guagliardo, Charlene Doyle and to the Willard E. Hess, Mr. and Mrs. Raymond Faux, Jr., Mr. and Mrs. citizens ofthe City ofCarbondale by Senator Mellow. Richard D. Remley, Sr., Mr. and Mrs. Sheldon Gerald Fedder, Congratulations ofthe Senate were extended to Jason Martin Eva Snyder, Joseph P. Casarella, Thomas C. McAndrew, by Senators Mellow and Musto. Jonathan Mitchell McHenry, William C. Snauffer, Matthew John Congratulations of the Senate were extended to Margaret Farber, John Charles Crisman, Jason John Zeisloft and to Sean Bitton, Jill Remaly, Tom Cannon and to the Mosites Patrick Shappell by Senator Helfrick. Construction Company ofPittsburgh by Senator Murphy. Congratulations of the Senate were extended to Betsy and Congratulations of the Senate were extended to Charles F. Dave Whitman, Melissa Gizzi, Ellen Kratz, Michael D. Marino, Luce, Stephen Tempalski, Richard B. Cosgrove, Dr. Shawn M. The Honorable James W. Gerlach, Upper Perkiomen Valley J. Casey, Charles Urban, Joseph J. Dchno, Lawrence Wesneski, Regional Planning Commission, Harleysville National Bank & Wayne Doherty, Robert Roman, Elaine Yozviak and to Maureen Trust Company, Indian Valley Middle School students, Natural Yankovich by Senator Musto. Lands Trust, Tiferet Bet Israel Synagogue of Blue Bell, Congratulations ofthe Senate were extended to Anthony F. Pennsylvania Arts in Education Month and Pennsylvania Arts in Kane by Senators Musto and others. Education Day and to Upper Gwynedd Township Police Congratulations of the Senate were extended to Nick Department by Senator Holl. Castellano and to Rose Papich by Senator O'Pake. Congratulations ofthe Senate were extended to Mr. and Mrs. Congratulations ofthe Senate were extended to Sister Mary Charles W. Henry, Blane Fitzgerald Stoddart and to Dr. Asa G. Carlotta Yanoscak, Patricia Minchhoff, Jennifer Imler and to Hilliard III by Senator Hughes. Jillian Schreffier by Senator Piccola. Congratulations ofthe Senate were extended to Mr. and Mrs. Congratulations ofthe Senate were extended to Mr. and Mrs. Donald McCarty, Mr. and Mrs. Donald G. Gearhart, Mr. and Stefan Burak, Jonathan 1. Krolick, Jason Carl Bieling, Daniel P. Mrs. Walter Lynam and to Mr. and Mrs. Jesse C. Frederick by Wilhelm, Loretta Bonner, Daniel G. Lewis, Helen Kosh, Senator Jubelirer. Stephen Kaczmarczyk III, Art Connely, Jr., and to Gnaden Congratulations of the Senate were extended to The Huetten Memorial Hospital ofLehighton by Senator Rhoades. Honorable and Mrs. Peter J. Daley II and to Justin Frazee by Congratulations ofthe Senate were extended to Mr. and Mrs. Senator Kasunic. Michael Cooklis, Warren Saunders, Samuel M. McKissock, Congratulations of the Senate were extended to Gloria Michelle Lynn Morris and to the Keystone Blind Association by Vazquez-Araujo and to Emma L. Woods by Senator Kitchen. Senator Robbins. Congratulations of the Senate were extended to Judith H. Congratulations ofthe Senate were extended to Mr. and Mrs. O'Toole, Dr. Gary P. Plundo, Adam Vincent Dancho, Rudy Phillip Hayes, Marcia Raubenstrauch and to Abraham Rolick by Joseph Bohince, Matthew Paul Litvik, Jared Lee Guiher, Senator Scamati. Benjamin Preston Moore, Darcy Sterling Whitenight, Drew Congratulations of the Senate were extended to Vivian Durigon, Terry D. Lewis, Ray G. Smith and to the citizens ofthe Marshall Drayton, Kathryn Wellbank, Sister Mary Scullion, Borough ofNorth Belle Vernon by Senator Kukovich. Cedric Carter, Mary E. Moore-Alexander, Larry Biddle and to Congratulations ofthe Senate were extended to Debra Pavicic Progressive Business Publications of Malvern by Senator by Senator LaValle. Schwartz. Congratulations ofthe Senate were extended to Mr. and Mrs. Congratulations ofthe Senate were extended to Scott J. Siravo Joseph Boiwka, Mr. and Mrs. Albert Bolka, Gerald J. Weniger, by Senator Stack. Helene Stafford, Monica Shema, Carl Miers and to Joseph P. Congratulations ofthe Senate were extended to Mr. and Mrs. Casarella by Senator Lemmond. Walter J. Meyer, Mr. and Mrs. JosephS. Chmura, Mr. and Mrs. Congratulations of the Senate were extended to Donald W. Ray Lemley, Mr. and Mrs. Wilbur Williams, Mr. and Mrs. James Shiner and to Dr. Victor James Marks by Senators Lemmond and Jansante, Mr. and Mrs. Holland Cokeley, Mr. and Mrs. Richard Helfrick. Waltz, Mr. and Mrs. Donald Pyle, Mr. and Mrs. John Wiszczor, Congratulations of the Senate were extended to Vincent J. Mr. and Mrs. Donald Calabria, Mr. and Mrs. Clyde English and Matteo and to Tom Bigler by Senators Lemmond and Musto. to Hermina Lopez by Senator Stout. Congratulations ofthe Senate were extended to Mr. and Mrs. Congratulations ofthe Senate were extended to Joseph Lynch, Joseph Mols, Mr. and Mrs. James Corbett, Mr. and Mrs. Paul Jr., by Senator Tartaglione. Glunt, Mr. and Mrs. Kenneth A. Prescott, Dr. Harry R. Faulk, Congratulations ofthe Senate were extended to Mr. and Mrs. George Toth, Amy Davis, Jim Slack, Rich Southam, Ashley John Wachholtz, Carl F. Lorenz II, Edward Galante, Jennifer Weimer and to Auberle ofMcKeesport by Senator Logan. deSante and to the YMCA ofCentral Chester County by Senator Congratulations ofthe Senate were extended to Mr. and Mrs. Thompson. Delbert Schmouder, Sr., Mr. and Mrs. Clifford Jones, Mr. and Congratulations ofthe Senate were extended to Gary Smith by Mrs. Robert C. Myers, Lucille Jeliff, William Samuel Smith, Senators Thompson and Gerlach. Agnes Gail Kilgus, Silas C. Noel, Annette M. Kreger, Tom Congratulations of the Senate were extended to Betty Couch and to Robert Packer Hospital School ofNursing ofSayre Brennan, citizens of Radnor Township and to The Arc of by Senator Madigan. Montgomery County by Senator Tilghman. Congratulations of the Senate were extended to Joshua Congratulations ofthe Senate were extended to Mr. and Mrs. Thomas Robert Davis, Dr. Kevin J. Corcoran, Joseph Lorenzetti, George Haas, Anthony M. Minnick, William Henry Leibfrid IV, 180 LEGISLATIVE JOURNAL - SENATE FEBRUARY 13,

Matthew Thomas Wiley, Kate Radicke, Thomas J. Mullarkey, Condolences ofthe Senate were extended to the family ofthe Ethel Vansant, Aleene Maiaroto, Rosemary Adiletto, Lower late Elfleta Myrick by Senator Kitchen. Southampton Elementary School, Trevose Fire Company and to Condolences ofthe Senate were extended to the family ofthe Boy Scouts of America Troop 121 of Levittown by Senator late Michael F. Dunn by Senator Thompson. Tomlinson. Condolences ofthe Senate were extended to the family ofthe Congratulations ofthe Senate were extended to Patricia M. late Guy Rodgers by Senator Williams. Wandling, Barbara B. Hains, Judy Archibald and to TODAY, Incorporated, ofNewtown, by Senators Tomlinson and Conti. POSTHUMOUS CITATIONS Congratulations of the Senate were extended to Cyndi The PRESIDENT laid before the Senate the following McAleer, Ellen Neches and to Matthew Gamret by Senator citations, which were read, considered, and adopted by voice Wagner. vote: Congratulations ofthe Senate were extended to Ralph Morris, A posthumous citation honoring the late Rebeckah Morrison John R. Williams, Steve SolIe, Brent L. Williams, Deborah A. was extended to the family by Senator Boscola. Myers, Laura K. Taylor, Sarah Carr, Gregory Zampier and to the A posthumous citation honoring the late Dr. Eleanor Lien York County Chapter of the American Red Cross by Senator Sandstrom was extended to the family by Senator Tilghman. Waugh. Congratulations of the Senate were extended to Thomas Garrett Shaffer, Christopher Charles Merris, Matthew N. BILLS ON FIRST CONSIDERATION Cannon, Andrew Charles Rettew, Edward Patrick Kost, Senator BOSCOLA. Mr. President, I move that the Senate do Lancaster Inter-Municipal Committee and to the citizens ofthe now proceed to consideration of all bills reported from Borough ofElizabethtown by Senator Wenger. committees for the first time at today's Session. Congratulations of the Senate were extended to William The motion was agreed to. Matuszeski by Senators Wenger and Tilghman. The bills were as follows: Congratulations ofthe Senate were extended to Mr. and Mrs. Daniel Zanetti, Mr. and Mrs. Merle Mohney, Trevor Runco, SB 130, SB 137, SB 153, SB 154, SB 216, SB 223, SB 253, Frank Link, Jr., Craig Thompson, Robert J. Hulings, Floyd SB 280, SB 290, and SB 285. Newingham, John Clark, William Newell, John E. Bower, Jr., Carl Baker, Donald Austin, Jared Moore, Michael George And said bills having been considered for the first time, Gresock, James Edward Musser, Andrew Thomas Smith, Joseph Ordered, To be printed on the Calendar for second Matthew Hill, Wal-Mart 1820 ofKittanning and to Saint Mary, consideration. Our Lady ofGuadalupe, Roman Catholic Church, ofKittanning, by Senator D. White. PETITIONS AND REMONSTRANCES Congratulation ofthe Senate were extended to Justin Pflueger, Jesse Pizor, Robert C. Goetz, John T. Beggs, Don Lewis, Francis The PRESIDENT. The Chair recognizes the gentleman from Blair, Senator Jubelirer. J. Palo, Robert Kaufman, Microtel Inn & Suites of Clarion, The PRESIDENT pro tempore. Mr. President, much of the Captain Loomis Inn ofClarion, Clarion Hospital and to C & A Trees ofClarion by Senator M. J. White. debate in this Chamber is about the problems people face about unmet community needs and about concerns over programs not Congratulations ofthe Senate were extended to Reverend and working as they should. There is too little said about the success Mrs. James I. Fetterman, Mr. and Mrs. Henry W. Montag, Sr., Mr. and Mrs. Andrew P. Bucior, Mr. and Mrs. Charles Ickes, Sr., stories occurring in Pennsylvania. Those who observe our deliberations with any frequency might be asking ifanything is Mr. and Mrs. Donald Hull, Mr. and Mrs. John Ramach, Jr., Mr. and Mrs. Charles E. McCune, Mr. and Mrs. Donald Hysong, Mr. going right. The truth is, there is a great deal ofproductive and successful effort being made across this State government, and Mrs. Irvin vi. Coudriet, Mr. and Mrs. John J. Romanko, Mr. and Mrs. Frank Sesack, Mr. and Mrs. Robert O'Shea, Mr. and without headlines, without much notice, but quite valuable Mrs. Ivan Bush, Mr. and Mrs. Willard Maines, Taylor F. nonetheless. Harchak, Ian A. Taylor, Matthew Firm, Shirley Burns and to the Mr. President, I want to acknowledge one ofPennsylvania's quiet but important success stories, the Tuition Account Program, citizens of the Borough of Northern Cambria by Senator a program that I got involved with many years ago. It recently Wozniak. passed the 50,000 mark in terms ofparticipation. The number of CONDOLENCE RESOLUTIONS participants grew by 50 percent last year, a phenomenal increase by anybody's standards. That reflects several significant things: The PRESIDENT laid before the Senate the following the changes in Federal and State laws to make the program a resolutions, which were read, considered, and adopted by voice better deal for families, much improved and more effective vote: marketing to make people aware ofthe option, and the favorable Condolences ofthe Senate were extended to the family ofthe commentary from national experts and fmancial analysts. about late William Worrilow, Jr., by Senator Brightbill. how TAP is structured and run. Condolences ofthe Senate were extended to the family ofthe This participation level is encouraging because it means that late Doris G. Hardy by Senator Hughes. more Pennsylvania families are planning for college for their 2001 LEGISLATIVE JOURNAL - SENATE 181 children. That increases the chances that kids will go to college So, I feel that with this influx offunding, we are now going to and, hopefully, Mr. President, remain in Pennsylvania. It opens be able to figure out how the hospitals are going to deal with up opportunities for consideration ofwhere they want to attend uncompensated care, how to help young kids from never and what course of study they want to pursue. It spreads the smoking or picking up a cigarette in the first place, how we are availability and impact ofState and Federal student assistance. going to invest in badly needed medical research, or helping It helps to address the problem of students emerging with a working families who cannot afford health care insurance and degree but carrying an enormous debt load. helping our seniors with their health care needs. When TAP was created, critics warned that it would lessen And I am particularly proud that there is a measure that I am Pennsylvania's commitment to funding student aid and providing jointly sponsoring that would establish statewide and support for higher education institutions. That has not happened. community-based antismoking programs. This effort should help Just last week Governor Ridge proposed another 7 percent State and local people devise solid programs that will help funding boost for PHEAA, continuing the expansion of that people quit smoking and discourage others from starting in the irreplaceable source ofstudent funding help. fIrst place. In fact, it was a year ago that I remember being at this A great deal of credit for this progress must go to State podium. It was Valentine's Day, and I held up a whole bunch of Treasurer Barbara Hafer and her staff who saw the promise of valentines from teenagers in high schools and middle schools. this program and determined to provide the kind ofmanagement They sent thousands ofvalentines to me saying, Senator Boscola, and fiscal responsibility that ensures TAP proves attractive to can you please do something at the State level to support Pennsylvania families. This is not an example of State antismoking programs? I pledged to them, I remember this, that government dictating what people must do, by providing all sorts I would do that, and I remember holding up those valentines a of taxpayer money and hoping that something good happens. year ago. After all, Mr. President, antismoking programs are not Rather, it is a case where we give families a way to help an expenditure as much as they are an investment, because we themselves to plan and prepare for the future oftheir children. know that it is estimated that $12 is saved in health care costs Mr. President, we can be proud of our legislative budget down the road for every dollar we invest now. And I am pleased efforts to sustain this effort, and the milestone ofparticipation that steering kids away from smoking is such an important part recently passed is an indication Pennsylvanians agree with our ofthis bipartisan effort. So, I look forward to speedy passage and effort. I might say, Mr. President, my daughter and son-in-law enactment ofthis legislative passage. became very recent participants of this program for my And, Mr. President, I am proud to be a Senator today. grandchildren. As more students use TAP to pay their way, as The PRESIDENT. The Chair recognizes the gentleman from word spreads about the advantages ofthis option, there will be Schuylkill, Senator Rhoades. additional announcements about parents and grandparents Senator RHOADES. Mr. President, I rise today to talk about providing for the higher education of their children and priorities and expectations. Expectations in education, at least, grandchildren. Mr. President, that is a real investment in and a are the standards and benchmarks that policymakers establish as decided benefit for the future ofour great Commonwealth. barometers ofstudent success. Priorities, at least in our budget Thank you, Mr. President. process here in Pennsylvania, are the difficult decisions that The PRESIDENT. The Chair recognizes the gentlewoman legislators must make each year about how to appropriate limited from Northampton, Senator Boscola. resources. Senator BOSCOLA. Mr. President, I just had to get up today, Mr. President, I have been here a long time, long enough to because I can say for the first time this year I have been so very know that it is not easy to balance high expectations in education proud, so very proud to be a Member ofthe Senate. And I am so with the difficult decisions that accompany the identification of proud today because over the last couple ofweeks I have been budget priorities. We want our children to achieve the highest talking about some issues, issues that I did not feel that we were possible standards, but we need our budget priorities to reflect tackling. The people really care about them, but I did not think fiscal realities. We want excellence, but our budgets require we were doing our job. economy. Mr. President, this is not a criticism, it is simply a fact I have talked about property tax relief and how our seniors oflife. need this type of relief. I have talked about prescription drug Today, I stand before you to talk about a program that exists coverage and how we need to cover more people, seniors who right now that can deliver excellence with economy, that can need that prescription drug coverage, and I also talked about how meet high expectations without exploding our budget priorities, to curb out-of-State trash, but the other issue I talked about a and that can provide Pennsylvania's most needy children with the couple ofweeks ago was the tobacco settlement money. What tools they need to succeed both in school and in life. were we doing? What kind of plan was out there? Today Mr. President, the Head Start program has worked for more Democrats and Republicans got together, held a press than 35 years to give the most needy ofPennsylvania's children conference, and talked in a bipartisan way about a tobacco a leg up toward success. In short, Head Start works. But in settlement distribution plan. So, I want to congratulate the Senate Pennsylvania, there are not enough resources available to serve Democratic and Republican Leaders, because I think this was a all of the children who could reap its benefits. There are not first for me being part ofa bipartisan effort like that, and I think enough resources to provide all of the full-day, full-year this cooperation effort will produce a blueprint that will help us programs that low-income working families need. In fact, tackle the numerous health care issues that are challenging us Pennsylvania's Head Start programs can only provide services to today in Pennsylvania. 27,000 3- and 4-year olds, with an additional 29,500 children 182 LEGISLATIVE JOURNAL - SENATE FEBRUARY 13, who are eligible but unserved..Pennsylvania is one ofonly nine Senator Q'PAKE. Mr. President, I move to reconsider the vote States that do not supplement Federal Head Start funding with by which Senate Bill No. 239 passed fmally. State resources. Pennsylvania's Head Start children meet high expectations, but they have not won a priority for funding here in On the question, our General Assembly. This year, Mr. President, I think we can Will the Senate agree to the motion? change that. I hope that we can change that. A voice vote having been taken, the question was detennined I have introduced legislation that was approved by the Senate in the affinnative. Committee on Education last week that will provide $15 million in State funds for full-year, full-day Head Start programs, $15 And the question recurring, million. Certainly, that is no small sum, but there are few Shall the bill pass finally? programs that can do so much with so little. Head Start 4-year-olds perfonn above the levels expected for The yeas and nays were taken agreeably to the provisions of children from low-income families that have not attended the Constitution and were as follows, viz: center-based programs. A 1998 study showed that Head Start graduates left kindergarten well on the way to becoming readers YEA-44 in the first or second grade. Armstrong Gerlach Logan Stack Head Start helps parents to take an active part in their child's Bell Greenleaf Mellow Tartaglione education. Sixty-six percent ofparents read to their children three Bodack Helfrick Murp~ Thompson or more times a week, and 70 to 90 percent teach letters, Boscola Holl Musto Tilghman numbers, or songs, and most parents participate in a Head Start Brightbill Hughes O'Pake Tomlinson Conti Jubelirer Piccola Waugh activity during the year, despite their work, their school, their Corman Kasunic Punt Wenger child care, or other transportation barriers. Children at risk who Costa Kitchen Rhoades White, Donald have been enrolled in a quality early childhood education Dent Kukovich Robbins White, Mary Jo Earll LaValle Scamati Williams program are 25 percent less likely to be retained in a grade. A Fumo Lemmond Schwartz Wozniak study of Head Start children found significant differences in absentee rates during elementary school between children NAY-O attending Head Start and children who did not. Children at risk who have benefitted from a quality early A constitutional majority of all the Senators having voted childhood program spend less time in some form of special "aye," the question was detennined in the affIrmative. education placement. I think we all well know that the average Ordered, That the Secretary ofthe Senate present said bill to cost of special education is much higher than the cost of the House ofRepresentatives for concurrence. providing basic education. And one-third more at-risk children who attended a quality early childhood program graduated from HOUSE MESSAGE high school than those who did not. This is important because HOUSE CONCURS IN SENATE AMENDMENTS unemployment rates for high school graduates are 75 percent TO HOUSE RESOLUTION lower than for those who are non-graduates. Mr. President, Head Start works. Head Start offers excellence The Clerk of the House of Representatives infonned the with economy. Head Start can meet our expectations for at-risk Senate that the House has concurred in amendments made by the students if we make it a priority here in Pennsylvania. Mr. Senate to HR 14. President, I plan to make this argument often this year, because this year I think there is an opportunity to make Head Start a ANNOUNCEMENT BY THE SECRETARY priority in Pennsylvania and, perhaps, meet some of the expectations that OUI most needy families have ofus. The following announcement was read by the Secretary ofthe Thank you, Mr. President. Senate: The PRESIDENT. The Chair recognizes the gentleman from SENATE OF PENNSYLVANIA Berks, Senator O'Pake. Senator Q'PAKE. Mr. President, I want to commend the COMMITTEE MEETINGS gentleman from Schuylkill County for his very fine remarks. Democrats have long supported Head Start. We realize the WEDNESDAY, FEBRUARY 14.2001 benefits that result from this wise investment. We commend him 9:30AM. CONSUMER PROTECTION AND Room 8E·B for his efforts, and we can do better and we want to be a part of PROFESSIONAL LICENSURE East Wing that. (public hearing on The Reliability ofour Electric Supply) RECONSIDERATION OF SB 239 RECESS BILL ON FINAL PASSAGE The PRESIDENT. The Chair recognizes the gentleman from SB 239 (Pr. No. 285) - The PRESIDENT. The Chair Lebanon, Senator Brightbill. recognizes the gentleman from Berks, Senator Q'Pake. 2001 LEGISLATIVE JOURNAL - SENATE 183

Senator BRIGHTBILL. Mr. President, I request a recess of ADJOURNMENT the Senate. The PRESIDENT. Without objection, the Senate will stand in The PRESIDING OFFICER. The Chair recognizes the recess. gentleman from Lebanon, Senator Brightbill. Senator BRIGHTBILL. Mr. President, I move that the Senate AFTER RECESS do now adjourn until Monday, March 12, 2001, at 2 p.m., Eastern Standard Time. The PRESIDING OFFICER (Robert J. Thompson) in the The motion was agreed to by voice vote. Chair. The Senate adjourned at 4:25 p.m., Eastern Standard Time. The PRESIDING OFFICER. The time of recess having expired, the Senate will come to order. SPECIAL ORDER OF BUSINESS SUPPLEMENTAL CALENDAR No.2 BILL ON THIRD CONSIDERATION AND FINAL PASSAGE

SB 237 (Pr. No. 456) -- The Senate proceeded to consideration ofthe bill, entitled:

An Act amending Title 75. (Vehicles) of the Pennsylvania Consolidated Statutes, further providing for registration ofvehicles, for registration violations and suspensions, for accidents involving overturned vehicles, for pennits, for prohibitions on emission inspection program expenditures and for vehicle size, weight and load; and further providing for liquid fuels and fuels tax refunds.

Considered the third time and agreed to, And the amendments made thereto having been printed as required by the Constitution,

On the question, Shall the bill pass fmally?

The yeas and nays were taken agreeably to the provisions of the Constitution and were as follows, viz:

YEA-45

Armstrong Greenleaf Murphy Thompson Bell Helfrick Musto Tilghman Bodack Holl Q'Pake Tomlinson Boscola Hughes Piccola Waugh Brightbill Jubelirer Punt Wenger Conti Kasunic Rhoades White, Donald Corman Kitchen Robbins White, Mary Jo Costa Kukovich Scarnati Williams Dent LaValle Schwartz Wozniak Earll Lemmond Stack Furno Logan Stout Gerlach Mellow Tartaglione

NAY-O

A constitutional majority of all the Senators having voted "aye," the question was determined in the affirmative. Ordered, That the Secretary ofthe Senate present said bill to the House ofRepresentatives for concurrence.