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COMMONWEALTH OF PENNSYLVANIA LEGISLATIVE JOURNAL MONDAY, NOVEMBER 22, 1993 SESSION OF 1993 177TH OF THE GENERAL ASSEMBLY No. 43 SENATE I would ask the Senate to unanimously do one thing today, MONDAY, November 22, 1993 and that is to welcome Ferrol and her parents to the Senate of Pennsylvania. The Senate met at 2 p.m., Eastern Standard Time. The -PRESIDENT. Would the Senators welcome Pennsyl- vania's preteen. The PRESIDENT (Lieutenant Governor Mark S. Singel) in (Applause.) the Chair. Senator BRIGHTBILL. Mr. President, her smaller brother PRAYER is also here, and I would ask him to rise. (Applause.) The Chaplain, Reverend Dr. PAUL GEHRIS, of American The PRESIDENT. The Senate joins Senator Brightbill in Baptist Churches of the United States of America, Harrisburg, welcoming these very special guests to the Chamber of the offered the following prayer: Senate of Pennsylvania. We will pray. JOURNAL APPROVED Almighty and everlasting God, who has made us for Your- self alone so that our hearts are restless until they find their The PRESIDENT. .A quorum of the Senate being present, rest in You, I pray this day for this honorable Senate of Penn- the Clerk will read the Journal of the preceding Session of sylvania, for the women and men called by that venerable title, June 23, 1993. Senator, and for this historic institution. The Clerk proceeded to read the Journal of the preceding May the brightness of a refurbished Chamber be a symbol Session, when, on motion of Senator LINCOLN, further read- of the ongoing renewal of the body. In seeking knowledge, ing was dispensed with and the Journal was approved. may they find wisdom. In deciding order, may they kindle justice. In voting public policy, may they strengthen our State. COMMUNICATIONS FROM THE GOVERNOR By Your spirit, empower these, Your servants, to rise above APPROVAL OF SENATE BILLS any temptation to pettiness and self-serving and keep the high ground of integrity, magnanimity, in the service of this Com- The PRESIDENT laid before the Senate communications in monwealth. May Your strength and power and compassion be writing from the office of His Excellency, the Governor of the felt and voiced and modeled in this upper Chamber. Amen. Commonwealth, advising that the following Senate Bills had been approved and signed by the Acting Governor: The PRESIDENT. The Chair thanks Reverend Gehris for his prayer and for his gentle admonition. He is the guest today SB 1, SB 263, SB 687, SB 691, SB 692, SB 694, SB 801, of Senator Mowery and Senator Reibman. SB 864, SB 871, SB 893, SB 970, SB 1018, SB 1047 and SB 1052. SPECIAL ORDER OF BUSINESS GUESTS OF SENATOR DAVID J. BRIGHTBILL APPROVAL OF SENATE BILL PRESENTED TO THE SENATE WITH OBJECTIONS The PRESIDENT. As a special request, the Chair recog- The PRESIDENT laid before the Senate a communication nizes the gentleman from Lebanon, Senator Brightbill. in writing from the office of His Excellency, the Governor of Senator BRIGHTBILL. Mr. President, I am very pleased to the Commonwealth, advising that the following Senate Bill had be able to speak here on the, floor as a representative of the been approved and signed by the Acting Governor, with objec- Berks County area. It is my pleasure to introduce Ferrol Peters. tions: She is 10 years old and has been recently crowned Pennsyl- SB 1098. vania's favorite preteen. She will be traveling to Orlando in December to represent Pennsylvania at the national pageant. Said bill having been returned with the following message: She is here with her parents, Bruce and Cindy Peters. They are here on the floor because we know that the gallery is not com- pleted and is shut off. And she is also here with Mrs. Lyster, who is her chaperone. 1236 LEGISLATIVE JOURNAL - SENATE NOVEMBER 22, COMMONWEALTH OF PENNSYLVANIA fe) (D) Flood control.—The net proceeds of the sale of the obli- OFFICE OF THE GOVERNOR gations authorized in this act are hereby appropriated from the Capital HARRISBURG Facilities Fund to the Department of Environmental Resources in the maximum amount of $82,850,000 to be July 2, 1993 used by it exclusively to defray the financial cost of the flood control TO THE HONORABLE, THE SENATE projects specifically itemized in a capital budget. After reserving or OF THE COMMONWEALTH OF PENNSYLVANIA: paying the expenses of the sale of the obligation, the State Treasurer shall pay to the Department of Environmental Resources the moneys I have the honor to inform you that I have this day approved and as required and certified by it to be legally due and payable. signed Senate Bill 1098, Printer's No. 1525, entitled, "A SUPPLE- MENT to the act of (P.L. , No. ), entitled 'An act pro- This item is approved in the sum of $3,500,000. viding for the capital budget for the fiscal year 1993-1994,' itemizing d} (E) Redevelopment assistance.—The net proceeds of the sale public improvement projects, furniture and equipment projects, trans- of the obligations authorized in this act are hereby appropriated from portation assistance projects, flood control projects and redevelopment the Capital Facilities Fund to the Department of Community Affairs assistance projects to be constructed or acquired or assisted by the in the maximum amount of $79,965,000 $427,747,000 $485,173,000 Department of General Services, the Department of Environmental to be used by it exclusively to defray the financial cost of the redevel- Resources, the Department of Community Affairs or the Department opment assistance projects specifically itemized in a capital budget. of Transportation, together with their estimated financial costs; autho- After reserving or paying the expenses of the sale of the obligation, rizing the incurring of debt without the approval of the electors for the State Treasurer shall pay to the Department of Community Affairs the purpose of financing the projects to be constructed or acquired or the moneys as required and certified by it to be legally due and pay- assisted by the Department of General Services, the Department of able. Environmental Resources, the Department of Community Affairs or the Department of Transportation; stating the estimated useful life of This item is approved in the sum of $177,488,000. the projects; authorizing certain waivers; an4 making appropriations; AND MAKING REPEALS," except as to the following: As in previous capital project itemization bills received by this Administration, parts of the above appropriations have been deleted Section 4-3 14. Appropriations. because some projects included in this bill are not legal or are dupli- (a) Public improvements.—The net proceeds of the sale of the cates of projects approved in previous capital project authorization obligations authorized in this act are hereby appropriated from the acts. In addition, significant reductions have been made for projects Capital Facilities Fund to the Department of General Services in the which were not included in an agency five year capital plan. Those maximum amount of , $1,319,669,000 to projects would not have received or passed an agency review as to be used by it exclusively to defray the financial cost of the public need or legality. These reductions are necessary because the total improvement projects specifically itemized in a capital budget. After contained in this bill, added to the projects remaining from prior reserving or paying the expenses of the sale of the obligation, the capital project authorization acts which are still pending implementa- State Treasurer shall pay to the Department of General Services the tion, is beyond the financial capability of the Commonwealth to un- moneys as required and certified by it to be legally due and payable. dertake. The aggregate capital debt authorized but not issued now stands This item is approved in the sum of $297,386,000. at over $14.4 billion for all categories of projects. The aggregate (B) FURNITURE AND EQUIPMENT.-THE NET PROCEEDS capital debt authorized but not issued for public improvement projects OF THE SALE OF THE OBLIGATIONS AUTHORIZED IN THIS accounts for over $2.9 billion of the total. Senate Bill 1098 without ACT ARE HEREBY APPROPRIATED FROM THE CAPITAL FA- reduction would have increased this amount by over $1.3 billion, to CILITIES FUND TO THE DEPARTMENT OF GENERAL SERVIC- a total of over $4.2 billion for public improvement projects alone. ES IN THE MAXIMUM AMOUNT OF $22,291,000 TO BE USED This Administration remains committed to maintaining our financial BY IT EXCLUSIVELY TO DEFRAY THE FINANCIAL COST OF integrity through exercising restraint in the amount of new construc- THE PUBLIC IMPROVEMENT PROJECTS CONSISTING OF THE tion and other capital projects undertaken, and approving the substan- ACQUISITION OF ORIGINAL MOVABLE FURNITURE AND tial increase which Senate Bill 1098 contained without disapproval EQUIPMENT SPECIFICALLY ITEMIZED IN A CAPITAL BUD- could have a negative impact on our bond rating which would result GET. AFTER RESERVING OR PAYING THE EXPENSES OF THE in higher costs to issue those bonds needed to insure the continued SALE OF THE OBLIGATION, THE STATE TREASURER SHALL operation of the Commonwealth and its programs including the capi- PAY TO THE DEPARTMENT OF GENERAL SERVICES THE tal program. MONEYS AS REQUIRED AND CERTIFIED BY IT TO BE LE- Substantial capital project itemization acts have been passed in GALLY DUE AND PAYABLE. 1986, 1988, 1990, 1992 and now 1993. It is beyond reasonable ex- pectations that all projects approved in those acts could be started and This item is approved in the sum of $2,419,000. still maintain our financial integrity, Therefore consideration was given to approving projects which are most likely to be undertaken.