COMMONWEALTH OF PENNSYLVANIA

LEGISLATIVE JOURNAL

MONDAY, JUNE 19, 1989

SESSION OF 1989 173RD OF THE GENERAL ASSEMBL V No. 40

SENATE MEMBER OF THE ST ATE BOARD MONDAY, June 19, 1989. OF BARBER EXAMINERS The Senate met at 2:00 p.m., Eastern Daylight Saving June 15, 1989. Time. To the Honorable, the Senate of the Commonwealth of The PRESIDENT (Lieutenant Governor Mark S. Singel) Pennsylvania: in the Chair. In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Thomas C. Bigler, 1049 East Brandon Drive, Chambersburg 1720 I, Franklin County, PRAYER Thirty-third Senatorial District, for appointment as a member of the State Board of Barber Examiners, to serve for a term of three The following prayer was offered by the Secretary of the years and until his successor is appointed and qualified, but not Senate, Hon. MARK R. CORRIGAN: longer than six months beyond that period, vice Vincent S. Grimaldi, Morton, whose term expired. God of wisdom, we ask Your blessing upon the Members, officers and staff of the Senate of Pennsylvania. Help us to be ROBERT P. CASEY. instruments of unity, aware that the challenges of life are ever MEMBER OF THE PENNSYLVANIA difficult, and only made easier by working together in HUMAN RELATIONS COMMISSION harmony. When confronted with obstacles that frustrate, let June 19, 1989. us have recourse to the faith in Your promise, that it is in giving that we receive. Amen. To the Honorable, the Senate of the Commonwealth of Pennsylvania: In conformity with law, I have the honor hereby to nominate JOURNAL APPROVED for the advice and consent of the Senate, Gregory J. Celia, Jr., 398 Colonial Crest Drive, Lancaster 17601, Lancaster County, The PRESIDENT. A quorum of the Senate being present, Thirteenth Senatorial District, for reappointment as a member of the Clerk will reatl the Journal of the preceding Session of the Pennsylvania Human Relations Commission, to serve until June 14, 1989. February 21, 1994, or until his successor is appointed and quali­ The Clerk proceeded to read the Journal of the preceding fied. Session, when, on motion of Senator LOEPER, further ROBERT P. CASEY. reading was dispensed with, and the Journal was approved. MEMBER OF THE PENNSYLVANIA HUMAN RELATIONS COMMISSION COMMUNICATIONS FROM THE GOVERNOR June 19, 1989. APPROVAL OF SENATE BILLS To the Honorable, the Senate of the Commonwealth of Pennsylvania: The PRESIDENT laid before the Senate communications In conformity with law, I have the honor hereby to nominate in writing from His Excellency, the Governor of the Com­ for the advice and consent of the Senate, Thomas L. McGill, Jr., monwealth, advising that the following Senate Bills had been Esquire, 6748 Emlen Street, Philadelphia 19119, Philadelphia approved and signed by the Governor: County, Fourth Senatorial District, for reappointment as a member of the Pennsylvania Human Relations Commission, to SB 578 and 681. serve until February 21, 1994, or until his successor is appointed NOMINATIONS BY THE GOVERNOR and qualified. ·REFERRED TO COMMITTEE ROBERT P. CASEY. The PRESIDENT laid before the Senate the following MEMBER OF THE PENNSYLVANIA communications in writing from His Excellency, the Gover­ HUMAN RELATIONS COMMISSION nor of the Commonwealth, which were read as follows, and June 19, 1989. referred to the Committee on Rules and Executive Nomina­ To the Honorable, the Senate of the Commonwealth of tions: Pennsylvania: 764 LEGISLATIVE JOURNAL-SENATE JUNE 19,

In conformity with law, I have the honor hereby to nominate June 19, 1989 for the advice and consent of the Senate, Linda M. Weaver, 1401 Hillcrest Court, Johnstown 15905, Cambria County, Thirty-fifth Senators LEMMOND, MUSTO, HESS, PETERSON, Senatorial District, for appointment as a member of the Pennsyl­ MELLOW, MADIGAN, ROSS, RHOADES, SHUMAKER, vania Human Relations Commission, to serve until February 21, HELFRICK, BRIGHTBILL and REIBMAN presented to the 1992, or until her successor is appointed and qualified, vice Alvin Chair SB 1055, entitled: E. Echols, Esquire, Philadelphia, whose term expired. An Act amending Title 35 (Health and Safety) of the Pennsyl­ ROBERT P. CASEY. vania Consolidated Statutes, requiring the Pennsylvania Emer­ JUDGE, COURT OF COMMON PLEAS gency Management Agency to establish a radiological emergency YORK COUNTY response planning and preparedness program; and providing for the funding of the program. June 19, 1989. Which was committed to the Committee on STA TE GOV­ To the Honorable, the ~enate of the Commonwealth of ERNMENT, June 19, 1989. Pennsylvania: Senator HOLL presented to the Chair SB 1056, entitled: In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Thompson J. An Act amending the act of September 9, 1965 (P. L. 497, No. McCullough, 1395 Sleepy ,Hollow Road, York 17403, York 251), entitled "An act requiring physicians, hospitals and other County, Twenty-eighth Senatorial District, for appointment as institutions to administer or cause to be administered tests for Judge of the Court of Common Pleas of York County, to serve phenylketonuria and other metabolic diseases upon infants in until the first Monday of January, 1990, vice The Honorable certain cases; .... ," providing for tests for maple syrup urine John A. Rauhauser, mandatory retirement. disease. ROBERT P. CASEY. Which was committed to the Committee on PUBLIC DIST.RICT JUSTICE HEALTH AND WELFARE, June 19, 1989. June 19, 1989. Senators CORMAN and STOUT presented to the Chair SB 1057, entitled: To the Honorable, the Senate of the Commonwealth of An Act amending Title 75 (Vehicles) of the Pennsylvania Con­ Pennsylvania: solidated Statutes, providing for commercial drivers; further pro­ In conformity with law, I have the honor hereby to nominate viding for buses, for exemptions from licensing, for classes of for the advice and consent.~f the Senate, Ray L. Gentile, Jr., R. licenses, for school bus drivers, for issuance and content of D. #3, Box 480, Coatesville 19320, Chester County, Thirty-sixth driver's license, for revocation or suspension of operating privi­ Senatorial District, for appointment as District Justice in and for lege, for schedule of convictions and points, for surrender of the County of Chester, Magisterial District 15-3-07, to serve until license, for chemical testing to determine amount of alcohol or the first Monday of January, 1990, vice Carl W. Henry, resigned. controlled substance, for judicial review, for violations concern­ ROBERT P. CASEY. ing licenses, for driving under foreign license during suspension or revocation, for reckless driving, for driving under the influ­ ence of alcohol or controlled substance, for enforcement agree­ HOUSE MESSAGES ments and for reports by courts; and providing for careless driving. HOUSE CONCURS IN SENATE AMENDMENTS TO HOUSE BILLS Which was committed to the Committee on TRANSPOR­ TATION, June 19, 1989. The Clerk of the. House of Representatives informed the Senate that the House has concurred in amendments made by Senators PORTERFIELD, LINCOLN, FUMO, JONES, the Senateto HB 75 and 162. BELAN, MELLOW, LYNCH and SHAFFER presented to the Chair SB 1058, entitled: HOUSE BILLS FOR CONCURRENCE An Act amending Title 75 (Vehicles) of the Pennsylvania Con­ The Clerk of the House of Representatives presented to the solidated Statutes, increasing the maximum speed limit on certain portions of: Senate the following bills for concurrence, which were interstate highways; imposing surcharges upon persons convicted of certain violations; and providing for dispo­ referred to the committee indicated: sition of the surcharges. June 19, 1989 Which was committed to the Committee on TRANSPOR · RB 1518, 1519, 1520, 1521 and 1522 - Committee on TATION, June 19, 1989. Appropriations. Senators BRIGHTBILL, REIBMAN, PORTERFIELD, HELFRICK, ROCKS and JONES presented to the Chair BILLS INTRODUCED AND REFERRED SB 1059, entitled: An Act amending the act of May 17, 1921 (P. L. 682, No. The PRESIDENT laid before the Senate the following 284), entitled "The Insurance Company Law of 1921," providing Senate Bills numbe~ed, entitled and referred as follows, which for the standardization of health care insurance claim forms. were read by the Clerk: Which was committed to the Committee on BANKING AND INSURANCE, June 19, 1989. 1989 LEGISLATIVE JOURNAL-SENATE 765

Senators BRIGHTBILL, HELFRICK, PORTERFIELD, REGOLI, O'PAKE, BODACK, SCANLON, PECORA, ROCKS and BAKER presented to the Chair SB 1060, HELFRICK, LYNCH, WILT and LEWIS presented to the entitled: · Chair SB 1065, entitled: An Act amending the act of May 17, 1921 (P. L. 682, No. An Act amending the act of May 6, 1968 (P. L. 117, No. 61), 284), entitled "The Insurance Company Law of 1921," requiring entitled, as amended, "Site Development Act," providing for stock fire insurance companies to provide coverage for sinkhole grants to be made for industrial site development projects. damage. Which was committed to the Committee on COMMU­ Which was committed to the Committee on BANKING NITY AND ECONOMIC DEVELOPMENT, June 19, 1989. AND INSURANCE, June 19, 1989. Senators FISHER, BELAN, BRIIGHTBILL, RHOADES, Senators HELFRICK, WENGER, PECORA, ROCKS, HELFRICK, TILGHMAN, MADIGAN, PETERSON, CORMAN, LYNCH, BELAN, HOPPER, MADIGAN, LEMMOND, GREENWOOD, ROCKS, HOPPER, ARMSTRONG, O'PAKE and STAPLETON presented to the JUBELIRER, CORMAN, HESS, WENGER, Chair SB 1061, entitled: PORTERFIELD, DAWIDA and PECORA presented to the An Act amending Title 75 (Vehicles) of the Pennsylvania Con­ Chair SB 1066, entitled: solidated Statutes, further providing for driving under influence An Act amei;iding the act of April 14, 1972 (P. L. 233, No. 64), of alcohol or controlled substance. entitled "The Controlled Substance, Drug, Device and Cosmetic Which was committed to the Committee on JUDICIARY, Act," providing for mandatory minimum sentences for the pos- session, use or sale of "crack." · June 19, 1989. Which was committed to the Committee oil JUDICIARY, Senators HELFRICK, JUBELIRER, PECORA, ROCKS, June 19, 1989. CORMAN, PETERSON, LYNCH, BELAN, MADIGAN, ARMSTRONG, SHUMAKER, SALVATORE, BAKER, Senators FISHER, CORMAN, BELL, PUNT, O'PAKE, PORTERFIELD and STAPLETON presented to the Chair JONES, BELAN, MUSTO, PORTERFIELD, LEWIS, SB 1062, entitled: SHUMAKER and SALVATORE presented to the Chair An Act amending Title 75 (Vehicles) of the Pennsylvania Con­ SB 1067, entitled: solidated Statutes, providing for the suspension of license in rela­ An Act amending the act of August 6, 1941 (P. L. 861, No. tion to driving under the influence. 323), entitled, as amended, "Pennsylvania Board of Probation and Parole Law," providing for earned time; and making repeals the Committee on JUDICIARY, Which was committed to relating to minimum sentences. June 19, 1989. Which was committed to the Committee on JUDICIARY, Senators PETERSON, HELFRICK, SHAFFER, June 19, 1989. FISHER, REIBMAN, WENGER and CORMAN presented to the Chair SB 1063, entitled: Senators FISHER, SHAFFER, BELL, JONES, MUSTO, An Act amending Title 42 (Judiciary and Judicial Procedure) PORTERFIELD, PUNT, SHUMAKER and SALVATORE of the Pennsylvania Consolidated Statutes, further providing for presented to the Chair SB 1068, entitled: the payment of costs incurred in the apprehension, prosecution An Act establishing a program of financial assistance to coun­ and detention of children who escape or commit crimes while ties for the incarceration of certain offenders; providing for under commitment in an approved delinquency program. administration by the Pennsylvania Commission on Crime and Delinquency; providing for an audit of funds disbursed pursuant Which was committed to the Committee on JUDICIARY, to such program; and making an appropriation. June 19, 1989. Which was committed to the Committee on JUDICIARY, Senators STEWART, ROSS, PETERSON, MELLOW, June 19, 1989. FISHER, MUSTO, LINCOLN, PORTERFIELD, STOUT, JONES, AFFLERBACH, WILLIAMS, BELAN, Senators FISHER, CORMAN, BELL, MUSTO, ANDREZESKI, STAPLETON, DAWIDA, REIBMAN, O'PAKE, JONES, PORTERFIELD, LEWIS, SHUMAKER REGOLI, O'PAKE, BODACK, SCANLON, PECORA, and SALVATORE presented to the Chair SB 1069, entitled: HELFRICK, LYNCH, WILT and LEWIS presented to the An Act making an appropriation to the Pennsylvania Board of Probation and Parole for an intensive parole supervision Chair SB 1064, entitled: program for the 1989-1990 fiscal year. An Act establishing an industrial communities action program for making grants to industrial communities to complement Which was committed to the Committee on LAW AND private investment at industrial sites; and prescribing require­ JUSTICE, June 19, 1989. ments of and conditions for grants. Senators FISHER, BELL, CORMAN, MUSTO, Which was committed to the Committ~ on COMMU­ PORTERFIELD, JONES, LEWIS, SHUMAKER and June19, 1989. NITY AND ECONOMIC DEVELOPMENT, SALVATORE presented to the Chair SB 1070, entitled: Senators STEWART, ROSS, PETERSON, MELLOW, An Act amending the act of August 6, 1941 (P. L. 861, No. FISHER, MUSTO, LINCOLN, PORTERFIELD, STOUT, 323), entitled, as amended, "Pennsylvania Board of Probation of certain credits. JONES, AFFLERBACH, WILLIAMS, BELAN, and Parole Law," providing for the award ANDREZESKI, STAPLETON, DAWIDA, REIBMAN, 766 LEGISLATIVE JOURNAL-SENATE JUNE 19,

Which was committed to the Committee on LAW AND Which was committed to the Committee on EDUCA­ JUSTICE, June 19, 1989. TION, June 19, 1989. Senators FISHER, CORMAN, BELL, PUNT, MUSTO, Senators ANDREZESKI, PORTERFIELD and BELAN. PORTERFIELD, SHUMAKER and SALVATORE presented to the Chair SB 1077, entitled: presented to the Chair SB 1071, entitled: An Act amending the act of March 28, 1984 (P. L. 150, No. A Supplement to the act of (P. L. , 28), entitled "Automobile Lemon Law," replacing informal No. ), entitled "Capital Budget Project Itemization Act for dispute settlement procedure with State-certified new car arbitra­ 1988-1989," itemizing public improvement projects, furniture tion; and providing for sanctions and penalties. and equipment projects, to be constructed or acquired or assisted Which by the Department of General Services, together with their esti­ was committed to the Committee on CONSUMER mated financial costs; authorizing the incurring of debt without PROTECTION AND PROFESSIONAL LICENSURE, the approval of the electors for the purpose of financing the proj­ June 19, 1989. ects to be constructed or acquired or assisted by the Department of General Services; stating the estimated useful life of the proj­ Senator ANDREZESKI presented to the Chair SB 1078, ects; and making appropriations. entitled: An Act providing for a program to be administered by the Which was committed to the Committee on APPROPRI­ Department of Agriculture relating to the educating of pet ATIONS, June 19, 1989. owners on the need for neutering and spaying; providing for a subsidy to be paid to veterinarians Senators FISHER, BELL, CORMAN, MUSTO, BELAN, for spaying and neutering; establishing the Animal Population Control Fund; and providing JONES, PORTERFIELD, LEWIS, SHUMAKER and penalties. SALVATORE presented to the Chair SB 1072, entitled: Which was committed to the An Act amending the act of July 16, 1968 (P. L. 351, No. Committee on AGRICUL­ 173), entitled, as amended, "Prisoner Pre-release Plan Law," TURE AND RURAL AFFAIRS, June 19, 1989. providing for an electronic surveillance program. Senators ANDREZESKI, PORTERFIELD and BELAN Which was committed to the Committee on JUDICIARY, presented to the Chair SB 1079, entitled: June 19, 1989. An Act amending the act of October 27, 1955 (P. L. 744, No. 222), entitled, as amended, "Pennsylvania Human Relations Senators FISHER, CORMAN, MU!)TO, PORTERFIELD Act," further providing for procedure. and SAL VA TORE presented to the Chair SB 1073, entitled: Which was committed to the An Act regulating private prisons; providing for contracts Committee on LABOR AND with, licensing of and employee status for private prisons; and INDUSTRY, June 19, 1989. imposing powers and duties on the Department of Corrections. Senators ANDREZESKI, PORTERFIELD and BELAN Which was committed to the Committee on JUDICIARY, presented to the Chair SB 1080, entitled: June 19, 1989. An Act amending the act of April 9, 1929 (P. L. 177, No. 175), entitled "The Administrative Code of 1929," further defining Senators ANDREZESKI, LEWIS, LYNCH, BELAN and "crime" and "victim" in relation to crime victims' compensa­ PORTERFIELD presented to the Chair SB 1074, entitled: tion. An Act amending the act of October 15, 1980 (P. L. 950, No. Which was committed 164), entitled "Commonwealth Attorneys Act," establis)ling the to the Committee on JUDICIARY, Senior Citizens Fraud Unit in the Office of Attorney General; June 19, 1989. and providing for its powers and duties. Senators ANDREZESKI, PORTERFIELD and BELAN Which was committed to the Committee on JUDICIARY, presented to the Chair SB 1081, entitled: June 19, 1989. An Act amending the act of October 27, 1955 (P. L. 744, No. 222), entitled, as amended, "Pennsylvania Human Relations Senators ANDREZESKI, PORTERFIELD and BELAN Act," providing for compensatory damages. presented to the Chair SB 1075, entitled: Which was committed to the Committee An Act amending Title 75 (Vehicles) of the Pennsylvania Con­ on LABOR AND solidated Statutes, providing for the confiscation of driver's INDUSTRY, Jmte 19, 1989. license and registration tag in relation to failure to maintain Senators ANDREZESKI, PORTERFIELD and BELAN financial responsibility in certain instances. presented to the Chair SB 1082, entitled: Which was committed to the Committee on BANKING An Act amending the act of June 3, 1937 (P. L. 1333, No. AND INSURANCE, June 19, 1989. 320), entitled "Pennsylvania Election Code," providing for driver's license voter registration. Senators ANDREZESKI and PORTERFIELD presented to the Chair SB 1076, entitled: Which was committed to the Committee on ST A TE GOV­ An Act authorizing the indebtedness, with the approval of the ERNMENT, iune 19, 1989. electors, of $300,000,000 to remove or enclose friable and poten­ Senators ANDREZESKI, PORTERFIELD and BELAN tially friable asbestos found in the public schools of this Com­ monwealth. presented to the Chair SB 1083, entitled: An Act amending the act of October 27, 1955 (P. L. 744, No. 222), entitled, as amended, "Pennsylvania Human Relations Act," further providing for the time of bringing complaints. 1989 LEGISLATIVE JOURNAL-SENATE 767

Which was committed to the Committee on LABOR AND Which was committed to the Committee on STATE GOV­ INDUSTRY, June 19, 1989. ERNMENT, June 19, 1989. Senators ANDREZESKI, PORTERFIELD and BELAN Senator BELL presented to the Chair SB 1091, entitled: presented to the Chair SB 1084, entitled: An Act amending Title 66 (Public Utilities) of the Pennsyl­ An Act amending Title 42 (Judiciary and Judicial Procedure) vania Consolidated Statutes, further providing for civil penalties of the Pennsylvania Consolidated Statutes, further providing for for violations. a sentence of total confinement. Which was committed to the Committee on CONSUMER Which was committed to the Committee on JUDICIARY, PROTECTION AND PROFESSIONAL LICENSURE, June 19, 1989. June 19, 1989. Senators ANDREZESKI, PORTERFIELD, LYNCH and Senators SALVATORE, LEMMOND, BELAN and BELAN presented to the Chair SB 1085, entitled: BAKER presented to the Chair SB 1092, entitled: An Act amending Title 75 (Vehicles) of the Pennsylvania Con­ An Act amending the act of December 16, 1988 (P. L. 1259, solidated Statutes, adding provisions relating to certain parking No. 155), entitled "Urban and Rural Teacher Loan Forgiveness lots. Act," further providing for the definition of "qualified appli­ cant." Which was committed to the Committee on TRANSPOR- TATION, June 19, 1989. . Which was committed to the Committee on EDUCA­ TION, June 19, 1989. Senators ANDREZESKI, PORTERFIELD and BELAN presented to the Chair SB 1086, entitled: Senators WENGER and LEWIS presented to the Chair An Act amending Title 75 (Vehicles) of the Pennsylvania Con­ SB 1093, entitled: solidated Statutes, adding provisions relating to certain parking An Act reenacting and amending the act of June 25, 1982 (P. lots. L. 633, No. 181), entitled, as reenacted and amended, "Regula­ tory Review Act," further providing for the membership of the Which was committed to the Committee on TRANSPOR­ Independent Regulatory Review Commission and for the proce­ TATION, June 19, 1989. dure for regulatory review; changing the termination date for the commission; and making repeals. Senators ANDREZESKI, BELAN and PORTERFIELD presented to the Chair SB 1087, entitled: Which was committed to the Committee on STATE GOV­ An Act providing minimum occupational health and safety ERNMENT, June 19, 1989. standards for the operation of video display terminals by Com­ monwealth employees. Senator TILGHMAN presented to the Chair SB 1094, entitled: Which was committed to the Committee on LABOR AND An Act amending the act of March 4, 1971 (P. L. 6, No. 2), INDUSTRY, June 19, 1989. entitled "Tax Reform Code of 1971," further providing for ciga­ rette tax. Senators AND'REZESKI, PORTERFIELD and BELAN presented to the Chair SB 1088, entitled: Which was committed to the Committee on FINANCE, An Act providing minimum occupational health and safety June 19, 1989. standards for the operation of video display terminals at places of employment. Senator TILGHMAN presented to the Chair SB 1095, entitled: Which was committed to the Committee on LABOR AND An Act itemizing appropriations required from the Motor INDUSTRY, June 19, 1989. License Fund for the fiscal year July 1, 1989, to June 30, 1990, for the proper operation of the several departments of the Com­ Senators BRIGHTBILL, JONES, HELFRICK, monwealth and the Pennsylvania State Police authorized to SHAFFER, HOPPER, ANDREZESKI, SALVATORE and spend Motor License Fund moneys. FUMO presented to the Chair SB 1089, entitled: An Act amending the act of December 17, 1968 (P. L. 1224, Which was committed to the Committee on APPROPRI­ No. 387), entitled "Unfair Trade Practices and Consumer Pro- ATIONS, June 19, 1989. 1tection Law," requiring retailers who advertise the net price of an item after deduction of a manufacturer's rebate to pay consumers RESOLUTIONS INTRODUCED AND REFERRED the amount of the rebate at the time of purchase. Which was committed to the Committee on CONSUMER The PRESIDENT laid before the Senate the following PROTECTION AND PROFESSIONAL LICENSURE, Senate Resolutions numbered, entitled and referred as June 19, 1989. follows, which were read by the Clerk: Senators BRIGHTBILL, SAL VA TORE, June 19, 1989 PORTERFIELD, HELFRICK, LYNCH, BELAN, BAKER AMENDING SECTION 15 OF 1and LEMMOND presented to the Chair SB 1090, entitled: SENATE RULE XIV An Act amending the act of June 3, 1937 (P. L. 1333, No. 320), entitled "Pennsylvania Election Code," providing for the Senators FISHER, SHUMAKER, SHAFFER, WILT, liability of the Commonwealth for injuries incurred at polling HELFRICK, SALVATORE, LYNCH, PORTERFIELD, places. 768 LEGISLATIVE JOURNAL-SENATE JUNE 19,

BELAN, CORMAN and O'PAKE offered the following reso­ RESOLVED, That the commission make a report of its find­ lution (Senate Resolution No. 81), which was read and ings and recommendations to the Senate not later than December referred to the Committee on Rules and Executive Nomina­ 31, 1989; and be it further RESOLVED, That a copy of this resolution be transmitted to tions: Governor Robert P. Casey. In the Senate, June 19, 1989. ESTABLISHING A SPECIAL TASK FORCE TO A RESOLUTION INVESTIGATE THE PROBLEM OF SEXUAL Amending section 15 of Senate Rule XIV. HARASSMENT IN THE WORKPLACE RESOLVED, That section 15 of Senate Rule XIV be amended Senators ANDREZESKI, PORTERFIELD and BELAN to read: offered the following resolution (Senate Resolution No. 83), XIV BILLS Passage of Bills which was read and referred to the Committee on Labor and • • • Industry: In the Senate, June 19, 1989. A RESOLUTION Establishing a special task force to investigate the problem of sexual harassment in the workplace. WHEREAS, Harassment on the basis of sex is a violation of both the United States Civil Rights Act and the Pennsylvania Human Relations Act; and WHEREAS, On the basis of those acts, the Commonwealth DIRECTING '):HE APPOINTMENT OF A must ensure that employers do not condone or tolerate the SPECIAL COMMISSION TO STUDY THE harassment of any employee, whether male or female, through INDUSTRIAL HAZARDS OF VIDEO unwanted, unwelcome and unsolicited sexual advances as a con­ DISf\,AY TERMINALS dition of employment or in the course of performing his or her job; and Senators ANDREZES~I, PORTERFIELD and BELAN WHEREAS, There are questions concerning the effectiveness offered the following resolution (Senate Resolution No. 82), of remedies provided for by the courts and the Pennsylvania which was read and referred to the Committee on Labor and Human Relations Commission to prevent and eliminate the problem of sexual harassment in the workplace; therefore be it Industry: RESOLVED, That a special task force be established to inves­ In the Senate, June 19, 1989. tigate the problem of sexual harassment in the workplace, to assess the adequacy of existing remedies aimed at preventing and A RESOLUTION eliminating sexual harassment, and to make recommendations to Directing the appointment of a special commission to study the the General Assembly concerning appropriate actions to educate industrial hazards ofvideo display terminals. both employers and employees in recognizing and resolving the problem of sexual harassment in the workplace; and be it further WHEREAS, There,has recently been an epidemic of health RESOLVED, That this task force be appointed by the Presi­ problems among employees who use video display terminals; and dent pro tempore of the Senate and be composed of seven WHEREAS, Currently, approximately 7 million Americans members, including two members from the majority party, one operate video display terminals and that number is expected to member from the minority party, and four at-large members con­ grow to 40 million by 1990; and sisting of two representatives of employers and two representa­ WHEREAS, There appears to be a need for minimum occupa­ tives of employees; and be it further tional health and safety standards for the operation of video RESOLVED, That the committee may hold hearings, take tes­ display terminals at places of employment to protect operators timony and make its investigations at such places as it deems nec­ against radiation, air containing hazardous chemical exposures, essary in this Commonwealth. Each member of the committee eyestrain, body pains, boredom, lethargy and other associated ill shall have power to administer oaths and affirmations to wit­ effects; therefore be it nesses appearing before the committee; and be it further RESOLVED, That the President pro tempore of the Senate RESOLVED, That the task force make a full report of its and the Governor appoint a special commission of ten persons to findings and recommendations to the General Assembly no later make a thorough and complete investigation of the industrial than 90days from the adoption of this resolution. hazards of video display terminals and how best to protect against those hazards. Five of the persons shall be appointed by MEMORIALIZING CONGRESS TO REJECT the President pro tempore and shall include three members from ANY PROPOSAL TO ESTABLISH the majority party, one of whom shall be the chairman of the A NATIONAL LOTTERY Labor and Industry Committee, and two ·members from the minority party, one of whom shall be the minority chairman of Senators ANDREZESKI and PORTERFIELD offered the the Labor and Industry Committee. Five of the persons shall be following resolution (Senate Resolution No. 84), which was appointed by the Governor and shall include one member from each of the following organizations: the AFL-CIO, the read and referred to the Committee on Intergovernmental AFSCME, the Pennsylvania Optometric Association, the Penn­ Affairs: sylvania Medical Society and the Pennsylvania Chamber of Com­ In the Senate, June 19, 1989. merce; and be it further RESOLVED, That the commission may hold hearings, take testimony and make its investigations at such places as it deems necessary within this Commonwealth; and be it further 1989 LEGISLATIVE JOURNAL-SENATE 769

A RESOLUTION An Act creating a Division of Insurance Fraud Prevention in its powers and duties; Memorializing Congress to reject any proposal to establish a the Insurance Department and prescribing action for persons who have suffered an national lottery. establishing a cause of insurance fraud; granting civil immunity to certain persons; and WHEREAS, There are currently 22 states which have estab­ imposing penalties. lished lottery programs to augment state government funds for a variety of worthwhile programs; and SB 312 (Pr. No. 1148) (Rereported) WHEREAS, The Pennsylvania Lottery is the nation's leading An Act amending the act of June 3, 1937 (P. L. 1333, No. lottery in terms of ticket sales and cumulative profits over the 320), entitled "Pennsylvania Election Code," providing for past three years; and accessibility of polls to elderly and handicapped electors. WHEREAS, The Pennsylvania Lottery was established to benefit senior citizens living in this Commonwealth by providing SB 335 (Pr. No. 1291) (Amended) (Rereported) funds for the operation of the Department of Aging, the Property Tax and Rent Rebate Program, the Pharmaceutical Assistance An Act imposing limitations on the use of eminent domain by Contract for the Elderly (PACE) Program, the Shared Ride and municipalities and authorities to obtain certain real estate or Free Mass Transit Programs, County Aging Programs, the Older facilities; and making repeals. Needs (OPIN) Program and reimbursements for Persons Income SB 615 (Pr. No. 1239) (Rereported) nursing homes and medical assistance; and WHEREAS, Various proposals on the Federal level to insti­ An Act making an appropriation to the Juvenile Court tute a national lottery would have an extremely adverse effect on Judges' Commission for special drug-and cilCohol units for juve- the success and profitability of the Pennsylvania Lottery; and nile drug offenders. · WHEREAS, The establishment of a national lottery would impact on the State's ability to fund existing senior citizen pro­ SB 621 (Pr. No. 1293) (Amended) (Rereported) therefore be it grams at their current levels; An Act establishing a drug treatment and rehabilitation and Senate of the Commonwealth of Penn­ RESOLVED, That the academic and vocational program for youthful and juvenile the sylvania memorialize Congress to reject any proposal for offenders in the Department of Con.ections; , and making an establishment of a national lottery, which would compete with appropriation. and be counterproductive to the continued operation of existing state lotteries, including the Pennsylvania Lottery; and be it SB 729 (Pr. No. 1294) (Amended) (Rereported) further RESOLVED, That copies of this resolution be transmitted to An Act amending the act of May 17, 1929 (P. L. 1798, No. the presiding officers of each house of Congress and to each 591), entitled "Forest Reserves Municipal Financial Relief Law," member of Congress from Pennsylvania. increasing the amount paid by the CoJDmonwealth. SB 842 (Pr. No. 1295) (Amended) (Rereported) SENATE COMMITTEE APPOINTED An Act amending the act of June 14, 1961 (P. L. 324, No. PURSUANT TO 188), entitled "The Library Code," further regulating equaliza­ SENATE RESOLUTION NO. 11 tion aid to libraries.

The PRESIDENT. The Chair wishes to announce the SB 899 (Pr. No. 1028) (Rereported) Minority Leader has appointed the following Senators to An Act amending the act of June 14, 1961 (P. L. 324, No. serve on the Task Force to update the study concluded in 1975 188), entitled "The Library Code," providing for higher educa­ of all services rendered to children relative to problems of tion library grants; and making an appropriation, abuse, delinquency, neglect and mental health, as set forth in SB 917 (Pr. No. 1152) (Rereported) Senate Resolution No. l l, which was adopted on April 25, An Act providing for the establishment and operation of 1989: regional poison control centers throughout this Commonwealth; The gentleman from Berks, Senator Michael A. O'Pake; imposing powers and duties on the Department of Health; and the gentleman from Lehigh, Senator Roy C. Afflerbach; and making an appropriation. Anthony B. Andrezeski. the gentleman from Erie, Senator SB 959 (Pr. No. 1175) (Rereported) BILLS SIGNED An Act relating to long-term care insurance; providing for limits, disclosure and performance standards; and prescribing powers and duties of the Insurance Commissioner. The PRESIDENT (Lieutenant Governor Mark S. Singel) in the presence of the Senate signed the following bills: SB 970 (Pr. No. 1115) (Rereported) HB 75 and 162. An Act providing for the regulation of professional wrestlers and promoters; imposing a tax on certain receipts; requiring the posting of performance bonds; and providing penalties. REPORTS FROM COMMITTEE SB 971 (Pr. No. 1296) (Amended) .(Rereported) Senator TILGHMAN, from the Committee on Appropri­ An Act reestablishing a State Athletic Commission; establish­ ations, reported the following bills: ing an Executive Director and a Medical Advisory Board; permit­ SB 34 (Pr. No. 1292) (Rereported) ting and regulating boxing contests and exhibitions; requiring licenses and permits; providing for the granting, suspension and revocation of licenses and permits issued by the State Athletic Commission; preserving the rights of existing licensees and per- 770 LEGISLATIVE JOURNAL-SENATE JUNE 19, mittees; prescribing penalties, fines, forfeitures and misdemean­ SENATE CONCURRENT RESOLUTION ors; requiring bonds and insurance; providing for rules and regu­ lations; and creating an Athletic Commission Augmentation WEEKLY ADJOURNMENT Account. Senator LOEPER offered the following resolution, which SB 1002 (Pr. No, 1164) was read as follows: An Act itemizing appropriations required from The State In the Senate, June 19, 1989. Stores Fund for the fiscal year July 1, 1989, to June 30, 1990, for the proper operation of the Pennsylvania State Police authorized RESOLVED, (the House of Representatives concurring), to spend The State Stores Fund moneys. That when the Senate adjourns this week it reconvene on Monday, June 26, 1989, unless sooner recalled by the President SB 1009 (Pr. No. 1297) (Amended) (Rereported) Pro Tempore of the Senate; and be it further An Act amending the act of July 2, 1984 (P. L. 520, No. 105), RESOLVED, That when the House of Representatives entitled "Business Infrastructure Development Act," extending adjourns this week it reconvene on Monday, June 26, 1989, provisions relating to termination; and further providing for unless sooner recalled by the Speaker of the House of Representa­ funding. tives. SB 1010 (Pr. No. 1182) (Rereported) Senator LOEPER asked and obtained unanimous consent for the immediate consideration of this resolution. An Act amending the act of July 2, 1984 (P. L. 555, No. 111), entitled, as amended, "Small Business Incubators Act," extend­ On the question, ing the provisions relating to time limit on approvals. Will the Senate adopt the resolution? SB 1011 (Pr. No. 1298) (Amended) (Rereported) SENATE CONCURRENT RESOLUTION ADOPTED An Act amending the act of July 2, 1984 (P. L. 568, No. 113), Senator LOEPER. Mr. President, I move that the Senate entitled "Employee-Ownership Assistance Program Act," do adopt this resolution. extending provisions relating to final date for approvals; and further providing for funding. On the question, Will the Senate agree to the motion? SB 1033 (Pr. No. 1205) The yeas and nays were required by Senator LOEPER .and An Act making an appropriation from a restricted revenue account within the General Fund to the Office of Small Business were as follows, viz: Advocate in the Department of Commerce; and providing for the YEAS-47 initial assessment. Afflerbach Greenleaf Madigan Ross HB 506 (Pr. No. 839) (Rereported) Andrezeski Greenwood Mellow Salvatore Armstrong Helfrick Musto Scanlon An Act amending the act of April 28, 1961 (P. L. 111, No. 50), Baker Hess O'Pake Shaffer known as the "Tourist Promotion Law," further defining "eligi­ Belan 'Holl Pecora Shumaker ble costs" and "regional tourist promotion agency"; and further Bell Hopper Peterson Stapleton providing for grants. Brightbill Jones Porterfield Stewart Conn an Lemmond Punt Stout Dawida Lewis Rego Ii Tilghman LEGISLATIVE LEAVES Fattah Lincoln Reibman Wenger Fisher Loeper Rhoades Wilt Senator BRIGHTBILL. Mr. President, I would ask for a Furno Lynch Rocks legislative leave for Senator Rocks. NAYS-0 Senator STAPLETON. Mr. President, I ask for a tempo­ rary Capitol leave for Senator Jones and a legislative leave for A majority of the Senators having voted "aye," the ques­ Senator Stout. tion was determined in the affirmative. The PRESIDENT. Senator Brightbill asks for legislative Ordered, That the Secretary of the Senate present the same leave for Senator Rocks. Senator Stapleton requests tempo­ to the House of Representatives for concurrence. rary Capitol leave for Senator Jones and a legislative leave for Senator Stout. The Chair hears no objection to those leaves. GUESTS OF SENATOR GENE PORTERFIELD The leaves will be granted. PRESENTED TO SENATE

Senator PORTERFIELD. Mr. President, in the gallery LEAVES OF ABSENCE today visiting is the family of my Administrative Assistant, Senator STAPLETON asked and obtained leaves of Larry DeTesta. They are his mother and father, Tom and absence for Senator BODACK and Senator WILLIAMS, for Virginia DeTesta, and his sons, Jason and Tommy. Would today's Session, for personal reasons. the Senate please extend its' usual warm welcome to these folks. The PRESIDENT. Would all the DeTesta family please rise so we could welcome you to the Senate of Pennsylvania. (Applause.) 1989 LEGISLATIVE JOURNAL-SENATE 771

GUESTS OF SENATOR ROGER A. MADIGAN by James Blackhurst, Dean of Temple University, Ambler AND SENATOR ROBERT J. MELLOW Campus. I would appreciate it if the Senate would recognize PRESENTED TO SENATE my guests. The PRESIDENT. Would the guests of Senator Greenleaf Senator MADIGAN. Mr. President, a couple of weeks ago please rise so we could recognize you and welcome you to the I tried to get a constituent from Senator Lemmond and Senate of Pennsylvania. Senator Mellow. Today I am honored to introduce on behalf (Applause.) of Senator Mellow and myself the parents of one of my employees, Linda Van Brunt. They are Elmer and Mary Jean SPECIAL ORDER OF BUSINESS Van Brunt, from Moscow, Pennsylvania, which is in Senator Mellow's district, also, her sister, Christine Van Brunt, and, ANNOUNCEMENT BY THE SECRETARY most especially, Uta Juliane Pressler, who is a foreign The SECRETARY. The Majority and Minority Leaders exchange student from West Germany. She has been spending have given their permission for the Committee on Rules and most of the past year with the Van Brunts. They are here in Executive Nominations to meet off the floor during the Harrisburg today and I am pleased to introduce them on Session to consider certain nominations. behalf of myself and Senator Mellow. I believe he has some remarks. The PRESIDENT. Prior to the introduction, let me call RECESS upon the gentleman from Lackawanna, Senator Mellow, for a Senator LOEPER. Mr. President, at this time I would ask further word. for a brief recess of the Senate for the purpose of a Republi­ Senator MELLOW. Mr. President, is it not ironic that can caucus to begin in the first floor Majority caucus room every time we have something that is very pleasant to do and immediately, with an expectation of trying to return to the make the proper type of introductions, somewhere or another floor by 4:00 o'clock. I never have the opportunity of making the presentation of Senator MELLOW. Mr. President, I would ask that the people in my district. Just two weeks ago, when we had the Members of the Democratic caucus report immediately to our opportunity of confirming a judge who comes from my dis­ caucus room. trict, Senator Lemmond stood up and he took credit for that The PRESIDENT. For purposes of Democratic and on that particular day. Charlie, I thank you very much. But Republican caucuses to begin immediately, the Senate will the thing I have to point out is that the District Attorney who stand in recess. was elected judge and now is serving as judge is from Lackawanna County. AFTER RECESS Today Senator Madigan stands up and he takes credit for the introduction of a wonderful exchange student from Tubi­ The PRESIDENT. The time of recess having elapsed, the ngen, West Germany. The wonderful family of Linda Van Senate will be in order. Brunt-her mom and dad have played host to the foreign exchange student for the better part of the last year-is also EXECUTIVE NOMINATIONS from Lackawanna County, which is in my Senatorial district, and probably most important, the high school which she has EXECUTIVE SESSION just attended and graduated from, North Pocono High Motion was made by Senator WILT, School, is also in my Senatorial district. I would also like to That the Senate do now resolve itself into Executive Session join Senator Madigan and congratulate the Van Brunt family for the purpose of considering certain nominations made by and also congratulate Uta Juliane Pressler who has spent the the Governor. last period of time here in the United States and wish her well Which was agreed to. in the future. I would hope that we would extend our cordial welcome to the Van Brunt family and Uta Juliane Pressler. NOMINATIONS TAKEN FROM THE TABLE The PRESIDENT. Would the guests of Senator Mellow Senator WILT. Mr. President, I call from the table certain and Senator Madigan please rise. Would you all rise so we can nominations and ask for their consideration. welcome you to the Chamber of the Senate. The Clerk read the nominations as follows: (Applause.) MEMBER OF THE AGRICULTURAL LANDS CONDEMNATION APPROVAL BOARD GUESTS OF SENATOR STEWART J. GREENLEAF PRESENTED TO SENATE June 5, 1989. To the Honorable, the Senate of the Commonwealth of Senator GREENLEAF. Mr. President, I rise to introduce Pennsylvania: Melodye Stewart who is the winner of the 1989 Time College Achievement Award. She is one of twenty outstanding college students to receive this prestigious award. She is accompanied 772 LEGISLATIVE JOURNAL-SENATE JUNE 19,

In conformity with law, I have the honor hereby to nominate In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Charles Benner, R. D. for the advice and consent of the Senate, Michael Brennan #3, Middleburg 17842, Snyder County, Twenty-seventh Senato­ (Democrat), 4801 Oak Avenue, Altoona 16601, Blair County, rial District, .for appointment as a member of the Agricultural Thirtieth Senatorial District, for appointment as a member of the Lands Condemnation Approval Board, to serve for a term of Blair County Board of Assistance, to serve until December 31, four years and until his successor is appointed and qualified, vice 1990, and until his successor is appointed and qualified, vice William C. Goodwin, Lake City, whose term expired. Mary Jane Young, Hollidaysburg, whose term expired. ROBERT P. CASEY. ROBERT P. CASEY. MEMBER OF THE AGRICULTURAL LANDS MEMBER OF THE BLAIR COUNTY CONDEMNATION APPROVAL BOARD BOARD OF ASSISTANCE June 7, 1989. March 23, 1989. To the Honorable, the Senate of the Commonwealth of To the Honorable, the Senate of the Commonwealth of Pennsylvania: Pennsylvania: In conformity with law, I have the honor hereby to nominate In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Russell M. Orner, R. D. for the advice and consent of the Senate, Patricia A. Byrne I, Box 39, Rockton 15856, Clearfield County, Thirty-fifth Sena­ (Democrat), 2028 Sixteenth Avenue, Altoona 16601, Blair torial District, for appointment as a member of the Agricultural County, Thirtieth Senatorial District, for appointment as a Lands Condemnation Approval Board, to serve for a term of member of the Blair County Board of Assistance, to serve until four years and until his successor is appointed and qualified, vice December 31, 1990, and until her successor is appointed and Charles Benner, Middleburg, whose term expired. qualified, vice C. Louise Hampton, Altoona, whose term ROBERT P. CASEY. expired. MEMBER OF THE ANIMAL HEALTH ROBERT P. CASEY. AND DIAGNOSTIC COMMISSION MEMBER OF THE BLAIR COUNTY BOARD OF ASSISTANCE March 20, 1989. March 23, 1989. To the Honorable, ·the Senate of the Commonwealth of Pennsylvania: To the Honorable, the Senate of the Commonwealth of In conformity with law, I have the honor hereby to nominate Pennsylvania: for the advice and consent of the Senate, Dennis Wolff, R. D. 2, In conformity with law, I have the honor hereby to nominate Box 296, Millville 17846, Columbia County, Twenty-seventh Sen­ for the advice and consent of the Senate, The Reverend atorial District, for appointment as a member of the Animal Bonaventure N. Midili (Democrat), 806 Eleventh Street, Altoona Health. and Diagnostic Commission, to serve for a term of four 16602, Blair County, Thirtieth Senatorial District, for reappoint­ years and until his successor is appointed and qualified, but not ment as a member of the Blair County Board of Assistance, to longer than six months beyond that period, pursuant to Act 148, serve until December 31, 1991, and until his successor is approved December 14, 1988. appointed and qualified. ROBERT P. CASEY. ROBERT P. CASEY. MEMBER OF THE COUNCIL OF TRUSTEES MEMBER OF THE BLAIR COUNTY OF BLOOMSBURG UNIVERSITY OF BOARD OF ASSISTANCE PENNSYLVANIA OF THE STATE SYSTEM March 23, 1989. OF HIGHER EDUCATION To the Honorable, the Senate of the Commonwealth of April 28, 1989. Pennsylvania: To the Honorable, the Senate of. the Commonwealth of In conformity with law, I have the honor hereby to nominate Pennsylvania: for the advice and consent of the Senate, Jacqueline A. Smith In conformity with law, I have the honor hereby to nominate (Democrat), 1419 First Avenue, Altoona 16601, Blair County, for the advice and consent of the Senate, Howard B. Johnson, Thirtieth Senatorial District, for reappointment as a member of 476 Spruce Drive, Exton 19341, Chester County, Nineteenth Sen­ the Blair County Board of Assistance, to serve until December atorial District, for appointment as a member of the Council of 31, 1991, and until her successor is appointed and qualified. Trustees of Bloomsburg University of Pennsylvania of the State ROBERT P. CASEY. System of Higher Education, to serve until the third Tuesday of MEMBER OF THE FOREST COUNTY January, 1995, and until his successor is appointed and qualified, vice John Dorin, Montoursville, whose term expired. BOARD OF ASSISTANCE ROBERT P. CASEY. June 8, 1989. MEMBER OF THE BLAIR COUNTY To the Honorable, the Senate of the Commonwealth of BOARD OF ASSISTANCE Pennsylvania: March 23, 1989. To the Honorable, the Senate of the Commonwealth of Pennsylvania: 1989 LEGISLATIVE JOURNAL-SENATE 773

In conformity with law, I have the honor hereby to nominate In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Clyde J. Holmes for the advice and consent of the Senate, James J. Flaherty, (Democrat), Star Route 2, Tionesta 16353, Forest County, Esquire, 201 Mayfair Drive, Pittsburgh 15228, Allegheny Twenty-fifth Senatorial District, for appointment as a member of County, Thirty-seventh Senatorial District, for appointment as a the Forest County Board of Assistance, to serve until December Commonwealth Trustee of the University of Pittsburgh-of the 31, 1989, and until his successor is appointed and qualified, vice Commonwealth System of Higher Education, to serve until Janis Lieber, Clarington, resigned. October 5, 1989, and until his successor is appointed and quali­ ROBERT P. CASEY. fied, vice W. Louis Coppersmith, Johnstown, deceased. DISTRICT JUSTICE ROBERT P. CASEY. MEMBER OF THE ENVIRONMENTAL May 2, 1989. HEARING BOARD To the Honorable, the Senate of the Commonwealth of Pennsylvania: March 15, 1989. In conformity with law, I have the honor hereby to nominate To the Honorable, the Senate of the Commonwealth of for the advice and consent of the Senate, James F. Nilon, Jr., 607 Pennsylvania: Darlington Road, Media 19063, Delaware County, Ninth Senato­ In conformity with law, I have the honor hereby to nominate rial District, for appointment as District Justice in and for the for the advice and consent of the Senate, Joseph M. Hoeffel, III, County of Delaware, Magisterial District 32-2-48, to serve until Esquire, 1908 Lycoming Avenue, Abington 19001, Montgomery the first Monday of January, 1990, vice Paul Ewaka, resigned. County, Twelfth Senatorial District, for appointment as a ROBERT P. CASEY. member of the Environmental Hearing Board, to serve for a term of six years or until his successor is appointed and qualified, pur­ On the question, suant to Act 94, approved July 13, 1988. Will the Senate advise and consent to the nominations? ROBERT P. CASEY. The yeas and nays were required by Senator WILT and MEMBER OF THE COUNCIL OF TRUSTEES were as follows, viz: OF LOCK HAVEN UNIVERSITY OF YEAS-48 PENNSYLVANIA OF THE ST ATE SYSTEM OF HIGHER EDUCATION Afflerbach Greenleaf Lynch Rocks Andrezeski Greenwood Madigan Ross March 23, 1989. Armstrong Helfrick Mellow Salvatore Baker Hess Musto Scanlon To the Honorable, the Senate of the Commonwealth of Belan Holl O'Pake Shaffer Pennsylvania: Bell Hopper Pecora Shumaker Brightbill Jones Peterson Stapleton In conformity with law, I have the honor hereby to nominate Corman Jubelirer Ponerfield Stew an for the advice and consent of the Senate, Daniel P. Elby, 148 Dawida Lemmond Punt Stout Sylvan Drive, York 17402, York County, Thirty-first Senatorial Fattah Lewis Regoli Tiighman District, for reappointment as a member of the Council of Trust­ Fisher Lincoln Reibman Wenger ees of Lock Haven University of Pennsylvania of the State Fumo Loeper Rhoades Wilt System of Higher Education, to serve until the third Tuesday of NAYS-0 January, 1995, and until his successor is appointed and qualified. ROBERT P. CASEY. A constitutional majority of all the Senators having voted DISTRICT JUSTICE "aye," the question was determined in the affirmative. Ordered, That the Governor be informed accordingly. March 30, 1989. NOMINATIONS TAKEN FROM THE TABLE To the Honorable, the Senate of the Commonwealth of Pennsylvania: Senator WILT. Mr. President, I call from the table certain In conformity with law, I have the honor hereby to nominate nominations and ask for their consideration. for the advice and consent of the Senate, Susan E. Murray, 406 The Clerk read the nominations as follows: Gayley Street, Apartment B-510, Media 19063, Delaware COMMONWEALTH TRUSTEE OF THE County, Ninth Senatorial District, for appointment as District Justice in and for the County of Delaware, Magisterial District UNIVERSITY OF PITTSBURGH-OF 32-1-28, to serve until the first Monday of January, 1990, vice THE COMMONWEALTH SYSTEM Joseph V. Gessler, resigned. OF HIGHER EDUCATION ROBERT P. CASEY. March 31, 1989. TREASURER, CUMBERLAND COUNTY To the Honorable, the Senate of the Commonwealth of March 31, 1989. Pennsylvania: To the Honorable, the Senate of the Commonwealth of Pennsylvania: 774 LEGISLATIVE JOURNAL-SENATE JUNE 19,

In conformity with law, I have the honor hereby to nominate Senator LINCOLN. Mr. President, would the gentleman for the advice and consent of the Senate, Dennis G. Hursh, 1105 reveal to me what that purpose may be? West Powderhorn Road, Mechanicsburg 17055, Cumberland Senator WILT. Yes, County, Thirty-first Senatorial District, as Treasurer, in and for Mr. President, they are not ones for the County of Cumberland, to serve until the first Monday of which there was unanimous consensus. January, 1990, vice Jerry L. Nailor, resigned. Senator LINCOLN. Mr. President, then, is there some ROBERT P. CASEY. question as to whether these individuals may be confirmed? On the question, Senator WILT. It depends on the vote of the Body, Mr. President. Will the Senate advise and consent to the nominations? Senator LINCOLN. Mr. President, the purpose for this LEGISLATIVE LEAVES dialogue is for me to determine what efforts I may make. I Senator LINCOLN. Mr. President, I request temporary understand there will be a roll call vote on these five and that Capitol leaves for Senator Furno and Senator Stapleton. there will be some negative votes, is that what this indicates? The PRESIDENT. Senator Lincoln requests temporary Senator WILT. Yes, Mr. President. Capitol leaves for Senator Furno and Senator Stapleton. The Senator LINCOLN. Mr. President, I thank the gentleman. Chair hears no objection. Those leaves will be granted. And the question recurring, And the question recurring, Will the Senate advise and consent to the nominations? Will the Senate advise and consent to the nominations? EXECUTIVE NOMINATION POINT OF INFORMATION LAID ON THE TABLE Senator LINCOLN. Mr. President, I rise to a point of Senator WILT. Mr. President, would the gentleman let me information. interject and ask that the name of Mr. James J. Flaherty, the The PRESIDENT. The gentleman from Fayette, Senator Commonwealth Trustee of the University of Pittsburgh, be Lincoln, will state it. taken from the list and laid on the table. Would that be in Senator LINCOLN. Mr. President, the names of the indi­ order at this time? viduals that we have before us are Joseph Hoeffel and the The PRESIDENT. Without objection, we can alter the list other three individuals on that page, is that correct? before us in that manner. The PRESIDENT. The gentleman is correct, with the addi­ Senator LINCOLN. Mr. President, then we are back to the tion of Mr. James J. Flaherty for the position of Common­ four names on the third sheet of the passout that we received? wealth Trustee of the University of Pittsburgh and Mr. The PRESIDENT. The gentleman is correct. Dennis G. Hursh, Treasurer, Cumberland County. On the question, Senator LINCOLN. I have Mr. Hursh on the page that I Will the Senate advise and consent to the nominations with am dealing with on what was passed out to us. Just so I know the exception of Mr. James J. Flaherty? what I am talking about, we have Environmental Hearing QUESTION DIVIDED Board, Joseph M. Hoeffel, III. We have Council of Trustees of Lock Haven, Daniel P. Elby. We have Treasurer, Cum­ Senator LINCOLN. Mr. President, I would ask that the berland County, Dennis G. Hursh. We have District Justice, vote which we will take on these four individuals be divided. I Delaware County, Susan E. Murray. We have Common­ would like to have an individual recorded vote for each one of wealth Trustee of the University of Pittsburgh, James J. them, mainly because I would like to speak on behalf of at Flaherty. Are those the names before us? least one of the nominees. The PRESIDENT. The gentleman is correct. The PRESIDENT. The question is divisible. Senator LINCOLN. Is there a purpose for this group of On the question, nominees to be separated from the group which was con­ Will the Senate advise and consent to the nomination of firmed a few minutes ago? Mr. Joseph M. Hoeffel, III to the Environmental Hearing The PRESIDENT. The Chair would simply respond that Board? that is the order in which the maker of the motion gave those names. LEGISLATIVE LEA VE Senator LINCOLN. Mr. President, I desire to interrogate Senator LOEPER. Mr. President, Senator Greenleaf has the gentleman from Mercer, Senator Wilt. been called from the floor and I would ask for a legislative The PRESIDENT. Will the gentleman from Mercer, leave on his behalf. Senator Wilt, permit himself to be interrogated? The PRESIDENT. Senator Loeper asks for a legislative Senator WILT. I will, Mr. President. leave for Senator Greenleaf. The Chair hears no objection. Senator LINCOLN. Mr. President, the five names that are The leave will be granted. now before us, was there a purpose for separating those par­ And the question recurring, ticular individuals from the ones we just confirmed? Will the Senate advise and consent to the nomination? Senator WILT. There is, Mr. President. 1989 LEGISLATIVE JOURNAL-SENATE 775

Senator LINCOLN. Mr. President, on the nominee, Mr. Hoeffel today and make him a member of that board so that Joseph M. Hoeffel, III, who has been nominated by the Gov­ we can, from this day forward, move to solving some of those ernor to fill a vacancy on the Environmental Hearing Board, I problems. I would urge you to vote positively on this nomina­ had the privilege of serving with Joe Hoeffel in the House of tion. Representatives many years ago, and I knew Joe Hoeffel to be Senator FISHER. Mr. President, I have had the opportu­ a very intelligent, very articulate young man. He spent an nity to know Joe Hoeffel over the past ten years or so and to awful lot of his time working at the job that he had been have worked with him also as a Member of the House. I think elected to do. I met with him relative to his nomination to the the nominee is a decent person and a good candidate for a Environmental Hearing Board, and a combination of things number of possible positions in the Commonwealth in this make me wonder as to why we would be facing the possibility administration, but I think one position for which he does not of a defeat of the candidate for that office. The Environ­ possess the necessary qualifications is for a position on the mental Hearing Board is in dire need of a person to fill this Environmental Hearing Board. Last Session we passed and position. I have no idea why Joe Hoeffel would not be had enacted into law House Bill No. 1432 which became Act someone who would be capable of filling that position with a No. 94, which recreated the Environmental Hearing Board great deal of expertise. The fact that we are going to be asking into a quasi-independent agency, and therein in that act we set the Environmental Hearing ~oard to continue at a pace at out certain basic minimum qualifications for members of the which many of us are seeing our constituents suffer by, in that board. That was also at the time when we raised the salary of so many cases are being delayed because of not having an the board up to, I believe, the salary paid to members of the Environmental Hearing Board member to make the decision Pennsylvania Public Utility Commission. I quote from the act one way or the other, I see no one rushing to the microphone itself in Section 3, subsection (e), Qualifications. It says "A to put on the record as to what the purpose of a negative vote member of the board must: (1) Be an attorney in good stand­ on Joe Hoeffel would be. ing before the Bar of the Supreme Court of Pennsylvania. (2) It comes down to the thing that I have seen repeated over Have five years of practice before administrative agencies or and over and over in this Body on nominees, and that being have equivalent experience." I have looked at that section in that Joe Hoeffel is a Democrat. I wonder when that may end. light of Mr. Hoeffel's nomination, and one, perhaps, could I mean, I can see that on some very political issues when you argue that the equivalent experience existed here by virtue of have whatever you may have in your district, but this is a service in the House of Representatives. However, I think that statewide issue. This is not somebody's district, even though interpretation would severely strain what the language of this Joe Hoeffel lives in the district of the gentleman from statute is and what the intent of the law was. I believe that a Montgomery, Senator Greenleaf. Joe Hoeffel ran for Con­ fair reading of this section of the law states that a member of gress and was defeated in a very close election several years the Environmental Hearing Board must be an attorney for ago. I wish that this would not be the kind of thing we are five years and had either administrative practice for that going to continue to face. I would ask that someone who has period of time or equivalent experience. Unfortunately, in the intention of voting against Joe Hoeffel's nomination Mr. Hoeffel's case, Mr. Hoeffel did not graduate from would give me some logical reasons as to why Joe Hoeffel Temple University Law School until 1986 where, from his should not be confirmed and should not sit as a member of resume, it indicates he obtained a J .D. degree at that time and the Environmental Hearing Board. I think that absent any has been practicing law with. a law firm in Norristown since reasons for his not being qualified, absent any reasons for his 1986, I assume, upon passage of the bar examination in the maybe not having the experience or whatever, absent that, fall of 1986. My calculation of the time in which Mr. Hoeffel then I think the ugly head of partisan politics is rearing once has practiced law tells me that at this time he does not have more in this Chamber on a very vital issue. We sat here daily five years of practice not only in this Commonwealth but any­ in debate and passed legislation that will control the serious where else. Unfortunately, because of that fact, notwithstand­ problems we have in the environment. One of the most impor­ ing the fact that we do have a backlog in the Environmental tant ingredients in that whole process is the Environmental Hearing Board, but we also have another vacancy in the Hearing Board. It is important no matter what your perspec­ western part of the state that the Governor has not yet seen fit tive is on the environment because even those of us who are to fill, I have to recommend a negative vote on Mr. Hoeffel's the strongest of business supporters know that the worst thing nomination, not because I do not think that he would be a that can happen to a person who has a problem with the good nominee, perhaps for other posts, but because he does Department of Environmental Resources is to have it end up not maintain and have the necessary qualifications to serve on at the Environmental Hearing Board because of the long the Environmental Hearing Board. Mr. President, I thank delays that take place in getting through. One of the reasons you for the opportunity to make these remarks and, once why there are long delays is because there are continuous again, I would ask for a negative vote on the nomination. vacancies on that particular hearing board. We have a chance Senator O'PAKE. Mr. President, the gentleman from Alle­ today to put a very good young man in position to help solve gheny, Senator Fisher, is quite right in reciting the statutory those problems and get the backlog moving. I would ask you, requirements for membership on the Environmental Hearing if it is partisan reasons, to put that aside and to vote for Joe Board. As he said, that member must be an attorney in good 776 LEGISLATIVE JOURNAL-SENATE JUNE 19, standing before the Bar of the Supreme Court of Pennsyl­ POINT OF ORDER vania, and certainly the nominee, Attorney Hoeffel, meets Senator BRIGHTBILL. Mr. President, I rise to a point of that requirement, and, secondly, have five years of practice order. before administrative agencies or have equivalent experience. The PRESIDENT. The gentleman from Lebanon, Senator That is the section which we should examine to determine Brightbill, will state it. whether or not Mr. Hoeffel is qualified. Mr. President, I have Senator BRIGHTBILL. Mr. President, the gentleman from before me the official opinion of the Office of General Fayette has already spoken. There are people on the floor Counsel as to the nomination of Joseph M. Hoeffel, Ill, waiting to speak for the first time. Would it not be more Esquire, for membership on the Environmental Hearing appropriate to take those who have not yet spoken? Board. The precise question presented is, does Joseph M. The PRESIDENT. That is the general practice of the Chair. Hoeffel, III, Esquire, meet the statutory requirements for The Chair would, therefore, suggest to the gentleman that he membership on the Environmental Hearing Board? The con­ desist at this time and defer to Senator Brightbill for his com­ clusion, the legal opinion, which, of course, is binding on us, ments, and the Chair will get right back to the gentleman. is that he does meet the requirement of having five years of Senator BRIGHTBILL. Thank you, Mr. President. Next practice before administrative agencies or ~quivalem experi­ time I will wear a red suit. Mr. President, as I listened to the ence. Let me quote from the opinion of the Office of General debate concerning the qualifications of Joseph Hoeffel, I was Counsel. The opinion goes on for a page and a half to point beginning to let my mind wander to the point of what would out that during his eight years in " ...the General Assembly, happen if we confirmed Mr. Hoeffel, and then if a citizen Representative Hoeffel has had substantial experience inter­ filed a lawsuit to challenge his confirmation based upon the preting, drafting and working with legislation, participating legal question as to whether or not he has comparable experi­ in hearings on significant issues and making decisions based ence. I was kind of envisioning what would happen in such a on the record compiled from testimony and submitted docu­ lawsuit before our Supreme Court. As I thought about it, I ments." It points out that Representative Hoeffel served for decided that what the court would say would be this. The eight years on six committees: State Government, Consumer court would look down at whoever is arguing for the taxpayer Affairs, Conservation, Judiciary, Appropriations and the who is challenging Mr. Hoeffel's qualifications and say, Health and Welfare Committee. He also served on the House attorney, you should know that his qualifications were passed Select Committees which investigated problems within the upon by the Senate of Pennsylvania, and by confirming him, Southeastern Pennsylvania Transportation Authority and they, therefore, decided the issue that, in fact, he had compa­ Three Mile Island. rable qualifications. I believe that the courts, in interpreting In conclusion, let me quote from the final paragraph. "A this would defer to the Senate and not decide the issue on general overview of Representative Hoeffel's qualifications thei~ own, but would let the issue be decided by the Senate of leaves little doubt that he meets the statutory qualifications set Pennsylvania. I think it is very similar to a situation, for forth in Section 3(e) of the Act." I skipped a couple of sen­ example, when we decide on whether or not someone is quali­ tences. "Accordingly, it may be justifiably concluded that fied to be seated. We then make that decision as a Body and Representative Hoeffel. possesses the integrity and compe­ the Body's decision becomes the Jaw of that particular situa­ tency to rule fairly in any·issue which might come before the tion. What we have done here, Mr. President, we have made a Board." Clearly, this man is qualified when you look at his record and the gentleman from Berks, Senator O'Pake, and record, his qualifications, his integrity, his hard work and his the gentleman from Fayette, Senator Lincoln, have done a sensitivity to the problems that face this state and its environ­ fine job in making a record. What we will now do is to vote, ment. In light, Mr. President, of the terrible backlogs now and we will now have the first case that people can use to facing the Environmental Hearing Board which has left many judge whether or not certain experience is comparable to five decisions undecided on appeal from actions of DER, I think it years of practice before an administrative agency. is very, very important that we take steps to put some P,eople · I will say this, Mr. President. I have practiced. law for eigh­ on that board. Toe nominee before us is qualified. Certainly teen years. I have practiced before administrativ,e agencies on he is, under the law, entitled to serve, and all we are asking is a few occasions. Each kind of practice has its owi:i fine points, that this Senate confirm him so they can go about the people's and I would certainly hate to have as a Common Pleas Judge business of deciding those cases that are piling up. The delays in a, county like Lebanon, someone who had two years of now are anywhere from a year to two years to have a case experience and legislative experience, two years of legal expe­ heard by the Environmental Hearing Board, and I do not rience in say, Philadelphia, just as I would not feel comfort­ think either the environmentalists or anybpdy who cares able going to Philadelphia and being a judge there. about process in this state want that to continue. In sum, Mr. Presider)t, my belief is that the f?!um in which Senator LINCOLN. Mr. President, would the gentleman this has to be decided is not the attorney for the' Governor, is from Allegheny, Senator Fisher, submit to a brief inter­ not the attor'ney for the Commonwealth and is ;n,qtI' the courts, rogation? but we are the forum where it should be est~D,lished and I_ The PRESIDENT. He indicates that he will. The gentleman think this is a legitimate place to debate those merits. Person­ may proceed. ally, based on the experience that I have heard, even though 1989 LEGISLATIVE JOURNAL-SENATE 777

Mr. Hoeffel seems to be a bright and intelligent man, it seems would have given everyone an opportunity to make the deci­ to me that he does not meet the statutory requirement and, sion on his qualifications. That is the purpose of a public therefore, I would urge a negative vote. hearing. The gentleman from Lebanon, Senator Brightbill's, Senator FATTAH. Mr. President, I rise to speak in favor citizen could have come forth and registered a proper com­ of the nomination of Joe Hoeffel. I have had the pleasure plaint about the interpretation the Office of the Attorney when I was a Member of the House to serve with him for over General gave us, or General Counsel gave us. Individual six years of the eight years that he was there. I found him to be members could have questioned Joe Hoeffel as to whether he a very bright, very thoughtful, hardworking Legislator. I had the experience necessary or not. But, no, a decision was think that the issue that has been raised in reference to his made. I do not say that it was the gentleman from Allegheny, qualifications is, at best, without merit. He is obviously quali­ Senator Fisher. He just happens to be the person I inter­ fied to serve on this board. This is the same Senate that, rogated because he is chairman of the committee. But a deci­ unfortunately, just a few days ago decided not to confirm Mr. sion was made by someone, or a group, that Joe Hoeffel was Greene, who was the State Treasurer, to sit on one of our not going to be confirmed, so why even go through the retirement boards. If people are not prepared to stand up and process of having.him given the opportunity to appear before to vote in favor of qualified Pennsylvanians to serve their gov­ a legitimate standing committee and express to that committee ernment on these various boards and commissions on political and to the world why he would be qualified to serve in the issues, then they should just say so. But to raise not wearing a capacity that he was nominated. I think it is very obvious that red suit, but a red herring, such as this issue of qualifications if Joe Hoeffel were a Republican from Montgomery County, at this point I think is misleading and does not serve this Body there would have been a very good possibility that he would well. It is obviously our responsibility to advise and consent, already have been confirmed, not being stretched out to this and we should do so. In the case of Joe Hoeffel, he is quali­ point. I think it is just another example of very pure, very fied. Whether we are prepared to vote for him on the other serious and very damaging partisan politics. I do not know side of the aisle seems to be an insignificant doubt, but it is how anyone can justify at least not giving the gentleman a not on the issue of whether he is qualified, I think, to serve hearing. Here we are today, we are going to see a very fine and and to serve this Commonwealth well because he did so as a qualified individual who was willing to step forth and do a Member of the House. I can attest to that because I served very difficult job, be told, no, you cannot do that because you with him. are not of the right political persuasion, or you offended Senator LINCOLN. Mr. President, would the gentleman somebody in the Republican Party, or whatever the reason from Allegheny, Senator Fisher, submit to a brief inter­ may be. I can assure you the only reason Joe Hoeffel is not rogation? going to be serving on the Environmental Hearing Board is The PRESIDENT. Will the gentleman from Allegheny, because the Republican Senate Members have made that deci­ Senator Fisher, permit himself to be interrogated? sion, without a hearing, that he is not qualified and are trying Senator FISHER. I will, Mr. President. to pass that off now as something other than that. It is not a Senator LINCOLN. Mr. President, on February 13th, I fair system. It is not fair to Joe Hoeffel. It just so happens believe, a Terrance J. Fitzpatrick, Esquire, was nominated to that some of us know him personally on both sides of the aisle a position on the Environmental Hearing Board and was pre­ and know that Joe Hoeffel does not deserve to be treated like sented and referred to the Committee on Rules and Executive this. So, I ask you, when they call your name on this, to vote Nominations. Can the gentleman tell me, Mr. President, if what you really believe. If you believe that he is not qualified, Terrance J. Fitzpatrick, Esquire, had a hearing before the then vote "no," and that is the way it "Shoµld be. If it is for Committee on Environmental Resources and Energy? any other purpose that you vote "no," I think you are doing Senator FISHER. Mr. President, I believe he did. not, only Joe Hoeffel, the State Senate, but yourself a very Senator LINCOLN. Mr. President, on April 3, 1989, grave injustice. I would ask for a positive vote on Joe Hoeffel. Joseph M. H'oeffel, III, Esquire, was presented and ~eferred And the question recurring, to the Committee on Rules and Executive Nominatio1,1s. Did Will the Senate advise and consent to the nomination? Joseph M. Hoeffel, III, Esquire, have a public hearing before the Committee on Environmental Resources and Energy~ The yeas and nays were required by Senator WILT and Senator FISHER. Mr. President, the answer to that ques­ were·as follows, viz: tion is, no. YEAS-22 Senator LINCOLN. Mr. President, I thank the gentleman Afflerbach Greenleaf Musto Ross and I woulcj like to be recognized on the nomination. Mr. Andrezeski Jones O'Pake Scanlon President, in spite of all the words that are being said by those Bel an Lewis Porterfield Stapleton who are opp9sing this nomination, I think it is rather obvious Dawida Lincoln Regoli Stewart Fattah Lynch Reibman Stout that one individual is nominated about four, five, six weeks Furno Mellow before anot)ler one. The one individual happens to get a NAYS-25 hearing, happens to get confirmed. The other individual is not even entitled and afforded the right to have a hearing, which Armstrong Hess Madigan Salvatore Baker Holl Pecora Shaffer Bell Hopper Peterson Shumaker Brightbill Jubelirer Punt Tilghman 778 LEGISLATIVE JOURNAL-SENATE JUNE 19,

Corman Lemmond Rhoades Wenger The yeas and nays were required by Senator WILT and Fisher Loeper Rocks Wilt were as follows, viz: Helfrick Less than a majority of all the Senators having voted YEAS-21 "aye," the question was determined in the negative. Afflerbach Jones Musto Ross Ordered, That the Governor be informed accordingly. Andrezeski Lewis O'Pake Scanlon Bel an Lincoln Porterfield Stapleton LEGISLATIVE LEAVE CANCELLED Dawida Lynch Regoli Stewart Fattah Mellow Reibman Stout The PRESIDENT. The Chair recognizes the presence on Furno the floor of Senator Jones. Her temporary Capitol leave will NAYS-27 be cancelled. Armstrong Greenwood Loeper Salvatore LEGISLATIVE LEAYES Baker Helfrick Madigan Shaffer Bell Hess Pecora Shumaker Senator LINCOLN. Mr. President, I request temporary Brightbill Holl Peterson Tilghman Capitol leaves for Senator Dawida, Senator Mellow and Corman Hopper Punt Wenger Fisher Jubelirer Rhoades Wilt Senator Ross. Greenleaf Lemmond Rocks The PRESIDENT. Senator Lincoln requests temporary Less than a majority of all the Senators having voted Capitol leaves for Senator Dawida, Senator Mellow and "aye," the question was determined in the negative. Senator Ross. There being no objection, the leaves will be Ordered, That the Governor be informed accordingly. granted. On the question, On the question, Will the Senate advise and consent to the nomination of Will the Senate advise and consent to the nomination of Susan E. Murray as District Justice, Delaware County? Daniel P. Elby as a member of the Council of Trustees of Lock Haven University of Pennsylvania? The yeas and nays were required by Senator WILT and were as follows, viz: Senator LINCOLN. Mr. President, the gentleman, Mr. Elby, is a minority member of the board. He has served in YEAS-21 that capacity since 1983, being appointed by then Governor Afflerbach Jones Musto Ross Thornburgh. This particular council of trustees is operating Andrezeski Lewis O'Pake Scanlon under a court order which guarantees minority representation Belan Lincoln Porterfield Stapleton Dawida Lynch Rego Ii Stewart on the board. I would ask that somebody give an explanation, Fattah Mellow Reibman Stout if they care to, as to what makes Mr. Elby not acceptable at Fume> this time. If there is no explanation forthcoming, I would ask NAYS-27 for a positive vote. Armstrong Greenwood Loeper Salvatore Senator WILT. Mr. President, Mr. El by is presently a Baker Helfrick Madigan Shaffer member of the board and is a reappointment and will con­ Bell Hess Pecora Shumaker tinue to serve in that capacity. The problem with Mr. Elby's Brightbill Holl Peterson Tilghman Corman Hopper Punt Wenger nomination at this point is that we have tried to run the board Fisher Jubelirer Rhoades Wilt as a package, and that has not come together for this particu­ Greenleaf Lemmond Rocks lar board. It is no reflection on Mr. Elby's qualifications of Less than a majority of all the Senators having voted who he is or his presence on the board. It has to do with the "aye," the question was determined in the negative. total structuring of that board. He will not be affected one Ordered, That the Governor be informed accordingly. way or the other by his not being confirmed at this time. He continues to serve as an appointed member. On the question, Senator LINCOLN. Mr. President, I appreciate the gentle­ Will the Senate advise and consent to the nomination of Dennis G. Hursh man's explanation, but I still have no idea why it would not be as Treasurer, Cumberland County? prudent and logical to just vote to appoint him. If he is going Senator LINCOLN. Mr. President, Dennis G. Hursh has to continue in that capacity, why make him serve under any been nominated by the Governor to fill a vacancy for County cloud whatsoever? We, over the years, attempted to do away Treasurer in Cumberland County. It is another one of those with the USQ provisions. I think if there is nothing wrong and situations that has arisen here periodically and consistently in he is going to eventually be confirmed, I see no purpose in that it does not make any sense. Mr. Hursh has been nomi­ voting against him at this particular time, and I would urge a nated to fill this position. He is not a candidate. He would be positive vote. acting in a caretaker capacity, giving the people of Cum­ berland County representation in the And the question recurring, Treasurer's office with a Will the Senate advise and consent to the nomination? Treasurer for the period of time until the end of this year. I cannot for the life of me understand why there Would be any objections under those circumstances to anyone filling out 1989 LEGISLATIVE JOURNAL-SENATE 779

that capacity. He is not going to be a threat politically. He evi­ An Act amending Title 66 (Public Utilities) of the Pennsylvania dently has qualifications to be able to fill this position. I, once Consolidated Statutes, providing for computer recorder message again, have no idea whether or not Mr. Hursh was afforded calls. the opportunity of a hearing, but I would suspect that proba­ Considered the third time, bly did not take place, and if it did I apologize. It just does not On the question, seem to be logical, some of the decisions that we are making in Will the Senate agree to the bill on third consideration? not confirming people. In this case I do not even know Senator LOEPER, on behalf of Senator GREENLEAF, by whether I would be able to understand if an explanation were unanimous consent, offered the following amendment No. given. I would ask that the Members of the Senate vote "yes" Al906: on this nomination and allow the people of Cumberland County to have a Treasurer in a real capacity for the remain­ Amend Sec. 1 (Sec. 2906). page 1, lines 9 through 18; page 2, der of this year. lines 1 through 7, by striking out all of said lines on said pages and inserting: And the question recurring, (a) General rule.-Any person or corporation who uses or Will the Senate advise and consent to the nomination? plans to use an automatic dialing announcing device (ADAD) shall be required to register with the commission prior to actual The yeas and nays were required by Senator WILT and use of the device. Registration shall include, but not be limited to, were as follows, viz: the name, address and telephone number for such person or cor­ YEAS-21 poration. The local exchange carrier, upon being notified of the intent of a customer to use an ADAD, shall advise the user of Afflerbach Jones Musto Ross their responsibility to provide procedures and technology Andrezeski Lewis O'Pake Scanlon whereby all automatic dialing announcing devices will, within Bel an Lincoln Porterfield Stapleton five seconds after the called party hangs up, automatically create Dawida Lynch Regoli Stewart a disconnect signal or on-hook condition which allows the called Fattah Mellow Reibman Stout party's line to be released. Furno (b) Notification.-The local exchange carriers shall annually NAYS-27 provide all customers with written information concerning the use of ADADs and the proper procedure for registering com­ Armstrong Greenwood Loeper Salvatore Baker Helfrick Madigan Shaffer plaints. Bell Hess Pecora Shumaker (c) Penalty.-Failure to comply with this section shall be a Brightbill Holl Peterson Tilghman violation of the act of December 17, 1968 (P.L.1224, No.387), Corman Hopper Punt Wenger known as the Unfair Trade Practices and Consumer Protection Fisher Jubelirer Rhoades Wilt Law, and this title. In addition, if the commission determines that Greenleaf Lemmond Rocks there has been a violation of subsection (a), the local exchange carrier shall, upon notification by the commission of the viola­ Less than a constitutional two-thirds majority having voted tion, terminate local exchange service to the ADAD users origi­ "aye," the question was determined in the negative. nating calls within their franchised serving area. Ordered, That the Governor be informed accordingly. (d) Definitions.-As used in this section, the following words and phrases shall have the meanings given to them in this subsec­ EXECUTIVE SESSION RISES tion: Senator WILT. Mr. President, I move that the Executive -,-'Automatic dialing announcing device Session do now rise. (ADAD)." Automatic equipment used for solicitation which has a stora e ca abilit of multi le numbers to be called or a The motion was agreed to. random or se uential n erator that roduces numbers to be called and has the ca , workin alone or in con·unc- CALENDAR tion with other equipment, of disseminating a prerecorded message to the number called. FINAL PASSAGE CALENDAR On the question, BILL OVER IN ORDER Will the Senate agree to the amendment? HR 570 - Without objection, the bill was passed over in its It was agreed to. Without objection, the bill, as amended, was passed over in order at the request of Senator LOEPER. its order at the request of Senator LOEPER. THIRD CON SID ERATION CALENDAR SB 364 (Pr. No. 1094)- The Senate proceeded to consider­ BILL OVER IN ORDER ation of the bill, entitled: SB 123 - Without objection, the bill was passed over in its An Act amending Title 71 (State Government) of the Pennsyl­ order at the request of Senator LOEPER. vania Consolidated Statutes, including enforcement officers and investigators in the Office of Attorney General within the defini­ BILLS ON THIRD CONSIDERATION AMENDED tion of "enforcement officer" for retirement purposes. SB 340 (Pr~ No. 729) - The Senate proceeded to consider­ Considered the third time, ation of the bill, entitled: On the question, 780 LEGISLATIVE JOURNAL-SENATE JUNE 19,

Will the Senate agree to the bill on third consideration? time. It is not clear that this legislation is, indeed, needed for Senator ARMSTRONG, by unanimous consent, offered all jurisdictions in Pennsylvania. In fact, the Mothers Against the following amendment No. A1952: Drunk Driving, a primary supporter of this bill, estimates that Amend Title, page l, line 3, by inserting after "Genera1": and in many, if not in most of the counties of Pennsylvania the parole agents and parokwarrant officers of the Board of Proba­ court system is already amenable-is already agreeable-to tion and Parole allowing the victim a meaningful role in the sentencing On the question, process. However, Mr. President, in a number of jurisdic­ Will the Senate agree to the amendment? tions, particularly those with big-city environments, it has It was agreed to. happened on more than one occasion that a victim of a drunk Without objection, the bill, as amended, was passed over in driving accident has read about the disposition of that case in its order at the request of Senator ARMSTRONG. the newspaper. In my opinion and in the opinion of the Mothers Against Drunk Driving and others who cosponsored BILL OVER IN ORDER this legislation, Mr. President, that is an outrage. SB 405 Without objection, the bill was passed over in its Today I stand before you asking that the victims of drunk order at the request of Senator LOEPER. driving be given the same opportunity to voice their opinion, to become part of the process in determining the sentencing BILL ON THIRD CONSIDERATION and determining the process by which a AND FINAL PASSAGE defendant shall be tried and shall be sentenced. I hope that an affirmative vote SB 483 (Pr. No. 1172) The Senate proceeded to consider- by all Members of this Body will be forthcoming. ation of the bill, entitled; And the question recurring, An Act establishing a drunk driving victim's bill of rights; and Shall the bill pass finally? providing civil penalties and remedies. The yeas and nays were taken agreeably to the provisions of Considered the third thne and agreed to, the Constitution and were as follows, viz: And the amendments made thereto having been printed as required by the Constitution, YEAS-48 On the question, Afflerbach Greenleaf Lynch Rocks Andrezeski Greenwood Madigan Ross Shall the bill pass finally? Armstrong Helfrick Mellow Salvatore Baker Senator SHAFFER. Mr. Hess Musto Scanlon President, I rise to speak in favor Belan Holl O'Pake Shaffer of passage of Senate Billi No. 483 this afternoon. This bill Bell Hopper Pecora Shumaker creates the drunk driving victim's bill of rights. For the Brightbill Jones Peterson Stapleton Corman purpose of this act, a victim Jubelirer Porterfield Stewart is defined as a person who suffers Dawida Lemmond Punt Stout personal, physicai or psychological injury, loss or death or Fattah Lewis Rego Ii Tilghman injury to personal or real property as the result of an automo­ Fisher Lincoln Reibman Wenger Furno Loeper Rhoades Wilt bile accident involving a person driving under the influence of alcohol. If death occurs, Mr. President, the term also includes NAYS-0 a spouse, a child or next of kin as the victim who would have A constitutional majority of all the Senators having voted the rights of the victim. The victim, Mr. President, shall have "aye," the question was determined in the affirmative. the right to make statements to any law enforcement officers Ordered, That the Secretary of the Senate present said bill regarding the accident. He or she would have the right to to the House of Representatives for concurrence. receive medical assistance resulting from the accident, contact the investigating officer and have access to all copies of acci­ BILLS OVER IN ORDER dent reports. In addition, Mr. President, the court adjudicat­ SB 515, 516 and 517 ~ Without objection, the bills were ing the offense shall, upon the request of the victim, submit in passed over in their order at the request of Senator LOEPER. writing to the court either one or more of the following: infor­ BILLS ON THIRD CONSIDERATION AMENDED mation about the victim's role in the court process, advance notice of the defendant's initial appearance before the judicial SB 518 (Pr. No. 542) The Senate proceeded to consider- officer, plea agreements, trial and sentencing. The victim ation of the bill, entitled: would have the right to notice of the disposition of the case, An Act providing for the development of shared foreign sales including sentencing and/or notice of any decision resulting in corporations; providing tax exemptions for these corporations; the defendant's provisional or final release from custody and and conferring powers and duties on the Department of Com- the information regarding the status of the case at any time merce and the Department of Revenue. ' would be available to the victim beginning with the commis­ Considered the third time, sion of the offense .until its final disposition. On the question, In short, Mr. President, the drunk driving victim's bill of Will the Senate agree to the bill on third consideration? rights would bring the victim into the process for the first 1989 LEGISLATIVE JOURNAL-SENATE 781

Senator LINCOLN, on behalf of himself and Senator harsh realities exist for many youths today. Broken families FUMO, by unanimous consent, offered the following amend­ and situations of abuse are commonplace. Many of these kids ment No. A1750: turn to drugs as an escape from such a lifestyle. Fortunately for many Pennsylvania youths, the State Amend Sec. 4, page 2, by inserting between lines 28 and 29: Department of Education has iQ. place an intervention (c) Limitation.-The total tax income excluded from taxa­ the schools-the Student Assistance tion under this section shall not exceed $500,000 in any fiscal program in many of year. Program, or SAP. The SAP program provides school person­ nel with the knowledge and skills needed to identify students On the question, using alcohol or drugs. Currently, 351 of 501 school districts Will the Senate agree to the amendment? have a SAP program. This is not good enough. We owe our It was agreed to. students more. Without objection, the bill, as amended, was passed over in Senate Bill No. 614 would require that all school districts its order at the request of Senator LINCOLN. provide a SAP program to identify kids with possible drug SB 519 (Pr. No. 1104) - The Senate proceeded to consider­ and alcohol problems. The bill also requires coordination ation of the bill, entitled: among the school districts, the Department of Education and establishing SAP programs. An Act amending the act of July 2, 1984 (P. L. 545, No. 109), the Department of Health in entitled "Capital Loan Fund Act," adding a definition and Schools are on the frontline of' the battle against drugs. further defining "small business enterprise"; and further provid­ Young people need to know that someone-a teacher, a coun­ ing for loan eligibility, terms, conditions, applications and selor or a principal-cares about them and that if they have a administration. drug problem, help is available. Senate Bill;No. 614 sends this Considered the third time, message to Pennsylvania students. It. tells them that we, as Legislators, as teachers, as social workers and as parents care On the question, about them and that if they have unfortunately gotten mixed Will the Senate agree to the bill on third consideration? up in drugs, that it is not too late and that help exists. Senator SHAFFER, by unanimous consent, offered the fol- But the only way to guarantee this help is to make sure that lowing amendment No. A1716: every school district in the Commonwealth has a SAP Amend Sec. 4, page 5, line 18, by striking out "in 60 days" and program. The first print of Senate Bill No. 614 would have inserting: July 1, 1989, or immediately, if enacted thereafter provided monies to add Department of Education staff to On the question, train more teachers to administer the SAPs. While this Will the Senate agree to the amendment? approach has almost universal support, it was thought that It was agreed to. the best first step would be to makf sure that at least one Without objection, the bill, as amended, was passed over in school building in every district has a program before we its order at the request of Senator SHAFFER. begin to train additional teachers in those which already have them. An identical bill .to the original Senate Bill BILL OVER IN ORDER established No. 614 will be reintroduced to add .to the training staff at the SB 520 - Without objection, the bill was passed over in its Department of Education. order at the request of Senator LOEPER. When it comes to our children and drugs, we can no longer BILL ON THIRD CONSIDERATION close our eyes and hope that the problem will go away. We AND FINAL PASSAGE must face the harsh realities of adolescent drug abuse and we must face them head on. Join me today in support of Senate SB 614 (Pr. No. 1150) -The Senate proceeded to consider­ Bill No. 614 and show our children and their families that we ation of the bill, entitled: int.end to fight this scourge. Show our kids that if they have a An Act amending the act of March 10, 1949 (P. L. 30, No. 14), drug or alcohol problem, help is available. entitled "Public School Code of 1949," providing assistance for students at risk for drug and alcohol abuse. And the questiort recurring, Shall the bill pass finally? Considered the third time and agreed to, And the amendments made thereto having been printed as The yeas and nays were taken agreeably to the provisions of required by the Constitution, the Constitution and were as follows, viz: On the question, YEAS-48 Shall the bill pass finally? Afflerbach Greenleaf Lynch Rocks prepared statement was made a part of the Andrezeski Greenwood Madigan Ross (The following Armstrong Helfrick Mellow Salvatore record at the request of the President pro tempore, Senator Baker Hess Musto Scanlon JUBELIRER:) Belan Holl O'Pake Shaffer Bell Hopper Pecora Shumaker can argue that the most important issue facing our No one Brightbill Jones Peterson Stapleton young people today is drug abuse. Adolescents are encoun­ Corman Jubelirer Porterfield Stewart tering drugs at younger and younger ages each year. Some 782 LEGISLATIVE JOURNAL-SENATE JUNE 19,

Dawida Lemmond Punt Stout Shall the bill pass finally? Fattah Lewis Regoli Tilghman Fisher Lincoln Reibman Wenger The yeas and nays were taken agreeably to the provisions of Furno Loeper Rhoades Wilt the Constitution and were as follows, viz: NAYS-0 YEAS-48

A constitutional majority of all the Senators having voted Afflerbach Greenleaf Lynch Rocks "aye," the question was determined in the affirmative. Andrezeski Greenwood Madigan Ross Ordered, That the Secretary of the Senate present said bill Armstrong Helfrick Mellow Salvatore Baker Hess Musto Scanlon to the House of Representatives for concurrence. Belan Holl O'Pake Shaffer Bell Hopper Pecora Shumaker BILL ON THIRD CONSIDERATION AMENDED Brightbill Jones, Peterson Stapleton SB 640 (Pr. No. 1241) The Senate proceeded to consider- Corman Jubelirer Porterfield Stewart Dawida Lemmond Punt Stout ation of the bill, entitled: Fattah Lewis Rego Ii Tilghman Fisher Lincoln An Act authorizing the Department Reibman Wenger of Environmental Furno Loeper Rhoades Wilt Resources to acquire and develop abandoned railroad rights-of­ way for public recreational trail use; requiring the Department of NAYS-0 Transportation to coordinate certain acquisitions of rights-of­ way with the Department of Environmental Resources; providing A constitutional majority of all the Senators having voted a limitation on the liability of persons who provide property for "aye," the question was determined in the affirmative. public recreational trail use; and making an appropriation. Ordered, That the Secretary of the Senate present said bill Considered the third time, to the House of Representatives for concurrence. On the question, BILLS OVER IN ORDER Will the Senate agree to the bill on third consideration? SB 935 and 967 - Without objection, the bills were passed Senator HELFRICK, by unanimous consent, offered the over in their order at the request of Senator LOEPER. following amendment No. A1907: SECOND CONSIDERATION CALENDAR Amend Sec. 8, page 9, line 13, by inserting after "APPLY": to the owner or lessee of the land used as a trail BILLS OVER IN ORDER Amend Sec. 8, page 9, by inserting between lines 17 and 18: HB 52 and 121 - Without objection, the bills were passed (2) This section shall not apply to the owner of land adjoin­ over in their order at the request of Senator LOEPER. ing a trail if there is any charge made or usually made by the owner of such adjoining land for using the trail or land, or any BILLS ON SECOND CONSIDERATION part thereof, or if any commercial or other activity relating to HB 210 (Pr. No. 236) - The Senate proceeded to consider­ the use of the trail whereby profit is derived from the patronage ation of the bill, entitled: of the general public is conducted on such adjoining land, or on any part thereof. An Act designating the lake at Little Buffalo State Park, Perry Amend Sec. 8, page 9, line 18, by striking out "(2)" and insert­ County, as Holman Lake. ing: (3) Considered the second time and agreed to, On the question, Ordered, To be printed on the Calendar for third consider­ Will the Senate agree to the amendment? ation. It was agreed to. SB 254 (Pr. No. 261) - The Senate proceeded to consider­ Without objection, the bill, as amended, was passed over in ation of the bill, entitled: its order at the request of Senator HELFRICK. An Act amending the act of March 10, 1949 (P. L. 30, No. 14), BILL OVER IN ORDER entitled "Public School Code of 1949," providing for the SB 730 - Without objection, the bill was passed over in its employment and duties of the business administrator. order at the request of Senator LOEPER. Considered the second time and agreed to, BILL ON THIRD CONSIDERATION Ordered, To be printed on the Calendar for third consider­ AND FINAL PASSAGE ation. SB 866 (Pr. No. 972) - The Senate proceeded to consider­ BILLS OVER IN ORDER ation of the bill, entitled: HB 331 and 338 - Without objection, the bills were passed An Act amending the act of January 22, 1%8 (P. L. 42, No. 8), over in their order at the request of Senator LOEPER. entitled, as amended, "Pennsylvania Urban Mass Transportation BILL ON SECOND' CONSIDERATION Law," further providing for pooled bus acquisitions. SB 369 (Pr. No. 382) - The Senate proceeded to consider­ Considered the third time and agreed to, ation of the bill, entitled: On the question, 1989 LEGISLATIVE JOURNAL-SENATE 783

An Act amending Title 18 (Crimes and Offenses) of the Penn­ SB 618 (Pr. No. 660) - The Senate proceeded to consider­ sylvania Consolidated Statutes, changing the penalty for incest. ation of the bill, entitled: Considered the second time and agreed to, An Act amending Title 42 (Judiciary and Judicial Procedure) Ordered, To be printed on the Calendar for third consider­ of the Pennsylvania Consolidated Statutes, providing for a cause ation. of action by parent, guardian or other custodian of a child to whom controlled substances have been sold or transferred. BILLS OVER IN ORDER Considered the second time and agreed to, SB 373 and HD 439 - Without objection, the bills were Ordered, To be printed on the Calendar for third consider­ passed over in their order at the request of Senator LOEPER. ation. BILL REREFERRED SB 620 (Pr. No. 1232) - The Senate proceeded to consider­ SB 451 (Pr. No. 1244) The Senate proceeded to consider­ ation of the bill, entitled: ation of the bill, entitled: An Act amending the act of August 6, 1941 (P. L. 861, No. An Act providing for control and treatment of Lyme disease; 323), entitled, as amended, "Pennsylvania Board of Probation and making appropriations. and Parole Law," further providing for the power to parole; and making a repeal. Upon motion of Senator LOEPER, and agreed to, the bill Considered the second time and agreed to, was rereferred to the Committ~ on Appropriations. Ordered, To be printed on the Calendar for third consider­ BILLS OVER IN ORDER ation. SB 485 and 486 - Without objection, the bills were passed SB 623 (Pr. No. 665) - The Senate proceeded to consider­ over in their order at the request of Senator LOEPER. ation of the bill, entitled: BILLS ON SECOND CONSIDERATION An Act amending Title 18 (Crimes and Offenses) of the Penn­ SB 566 (Pr. No. 604) The Senate proceeded to consider- sylvania Consolidated Statutes, providing for improper forti­ fication of real property. ation of the bill, entitled: Considered the second time and agreed to, An Act amending Title 18 (Crimes and Offenses) of the Penn­ on the Calendar for third consider­ sylvania Consolidated Statutes, prohibiting the procuring of chil­ Ordered, To be printed dren for the purpose of sexual exploitation; and imposing a ation. penalty. SB 624 (Pr. No. 1237) The Senate proceeded to consider- Considered the second time and agreed to, ation of the bill, entitled: Ordered, To be printed on the Calendar for third consider­ An Act amending the act of April 14, 1972 (P. L. 233, No. 64), ation. entitled "The Controlled Substance, Drug, Device and Cosmetic Act," further defining "drug paraphernalia"; and further pro­ HD 571 (Pr. No. 1566) The Senate proceeded to consid- viding for prohibited acts and penalties. eration of the bili, entitled: Considered the second time and agreed to, An Act designating February 16 of each year as "Lithuanian Ordered, To be printed on the Calendar for third consider­ Independence Day.'' ation. Considered the second time and agreed to, Ordered, To be printed on the Calendar for third consider­ BILL OVER IN ORDER ation. SB 682 - Without objection, the bill was passed over in its BILL OVER IN ORDER order at the request of Senator LOEPER. SB 588 - Without objection, the bill was passed over in its BILL REREFERRED order at the request of Senator LOEPER. SB 703 (Pr. No. 1233)-The Senate proceeded to consider­ BILLS ON SECOND CONSIDERATION ation of the bill, entitled: SB 617 (Pr. No. 659) - The Senate proceeded to consider­ An Act amending the act of March 10, 1949 (P. L. 30, No. 14), entitled "Public School Code of 1949," providing for alternative ation of the bill, entitled: education programs to assist students who drop out or are poten­ An Act amending Title 42 (Judiciary and Judicial Procedure) tial dropouts. of the Pennsylvania Consolidated Statutes, providing for partici­ Upon motion of Senator LOEPER, and agreed to, the bill pation of parent, guardian or other custodian in treatment was rereferred to the Committee on Appropriations. program. Considered the second time and agreed to, BILLS OVER IN ORDER Ordered, To be printed on the Calendar for third consider­ SB 732, 764 and 775 - Without objection, the bills were ation. passed over in their order at the request of Senator LOEPER. 784 LEGISLATIVE JOURNAL-SENATE JUNE 19,

BILL ON SECOND CONSIDERATION Considered the second time and agreed to, SB 872 (Pr. No. 993) -The Senate proceeded to consider­ Ordered, To be printed on the Calendar for third consider­ ation of the bill, entitled: ation. An Act amending the act of September 2, 1961 (P. L. 1177, No. 525), entitled "Board and Commission Compensation UNFINISHED BUSINESS Law," removing from the act the salaries of the Chairman and REPORTS FROM COMMITTEE members of the Unemployment Compensation Board of Review; and making a repeal. Senator RHOADES, from the Committee on State Govern­ Considered the second time and agreed to, ment, reported the following bills: Ordered, To be printed on the Calendar for third consider­ SB 916 (Pr. No. 1199) (Amended) ation. An Act providing for grants by the Secretary of Community BILL OVER IN ORDER Affairs to promote social services for Pennsylvania's ethnic and multicultural communities and to insure that ethnic groups SB 961- Without objection, the bill was passed over in its are not discriminated against or prohibited from receiving services order at the request of Senator LOEPER. because of language barriers, cultural obstacles, lack of educa­ BILLS ON SECOND CONSIDERATION tion or lack of accessibility to government-related or public social programs; and making an appropriation. SB 963 (Pr. No. 1107) - The Senate proceeded to consider­ SB 968 (Pr. No. 1113) (Rereported) ation of the bill, entitled: An Act amending the act of June 3, 1937 (P. L. 1333, No. 320), An Act amending the act of June 18, 1984 (P. L. 384, No. 81), entitled "Pennsylvania Election Code," further providing for entitled "Amusement Ride Inspection Act," further providing certain specimen ballots. for the Amusement Ride Safety Advisory Board. SB 1055 (Pr. No. 1246) Considered the second time and agreed to, Ordered, To be printed on the Calendar for third consider­ An Act amending Title 35 (Health and Safety) of the Pennsyl­ ation. vania Consolidated Statutes, requiring the Pennsylvania Emer­ gency Management Agency to establish a radiological emergency SB 972 (Pr. No. 1118) -The Senate proceeded to consider­ response planning and preparedness program; and providing for ation of the bill, e.ntitled: the funding of the program. An Act designating the Province of Taiwan, Republic of SB 1093 (Pr. No. 1300) (Amended) China, as a "sister state." An Act reenacting and amending the act of June 25, 1982 (P. Considered the second time and agreed to, L. 633, No. 181), entitled, as reenacted and amended, "Regula­ Ordered, To be printed on the Calendar for third consider­ tory Review Act," further providing for the membership of the Independent Regulatory Review Commission and for the proce­ ation. dure for regulatory review; changing the termination date for the SB 1025 (Pr. No. 1197) - The Senate proceeded to consid­ commission; and making repeals. eration of the bill, entitled: HB 53 (Pr. No. 2107) (Amended) An Act prohibiting unsolicited electronic or telephonic trans­ An Act authorizing and directing the Department of General missions to facsimile devices for advertising purposes; and pro­ Services, with the approval of the Governor and the Chancellor viding for penalties and damages. of the State System of Higher Education, to convey to Pocono Medical Considered the second time and agreed to, Center a certain tract of land situate in the Borough of East Stroudsburg, Monroe County,. in exchange for a certain Ordered, To be printed on the Calendar for third consider­ monetary consideration and a certain tract of land; and authoriz­ ation. ing the Department .of General Services, with the approval of the Department of Environmental Resources, to supplement and SPECIAL ORDER OF BUSINESS amend a lease between the Commonwealth and the City of Phila­ delphia, authorized pursuant to the act of December 9, 1980 (P. SUPPLEMENTAL CALENDAR NO. 1 L. 1133, No. 201), subject to certain conditions, in the fifth ward of the City of Philadelphia. SECOND CONSIDERATION CALENDAR HB 514 (Pr. No. 939) BILL REREPORTED FROM COMMITTEE An Act authorizing the release of Project 500 restrictions AS AMENDED ON SECOND CONSIDERATION imposed on certain land owned by the Township of Upper SB 335 (Pr. No. 1291) -The Senate proceeded to consider­ Dublin, Montgomery County in return for the imposition of Project 500 restrictions on certain other land owned by the Town­ ation of the bill, entitled: ship of Upper Dublin, Montgomery County. An Act imposing limitations on the use of eminent domain by municipalities and authorities to obtain certain real estate or BILLS IN PLACE facilities; and making repeals. Senator REIBMAN presented to the Chair several bills. 1989 LEGISLATIVE JOURNAL-SENATE 785

SENATE RESOLUTIONS RESOLVED, That the Senate of the Commonwealth of Penn­ sylvania recognize ARCH for its contribution to raising the DESIGNATING THE WEEK OF SEPTEMBER 3 awareness of the youth and the community at large, a contribu­ THROUGH 9, 1989, AS "PENNSYLVANIA tion that will surely be felt throughout this Commonwealth and AUTOMOTIVE DISMANTLERS AND will add immeasurably to understanding the principle that all individuals are equal and that to create a better world, we must RECYCLERS WEEK" join together and transcend the boundaries of race, religion and Senators SHUMAKER, ROCKS, PORTERFIELD, economic status. REIBMAN, O'PAKE, HOPPER, AFFLERBACH, BELAN and ANDREZESKI offered the following resolution (Senate CONGRATULATORY RESOLUTIONS Resolution No. 85), which was read, considered and adopted: The PRESIDENT laid before the Senate the following reso­ In the Senate, June 19, 1989. lutions, which were read, considered and adopted: A RESOLUTION Congratulations of the Senate were extended to Barbara S. Designating the week of September 3 through 9, 1989, as "Penn­ Stone by Senator Afflerbach. sylvania Automotive Dismantlers and Recyclers Week." Congratulations of the Senate were extended to Pamela D. WHEREAS, There are approximately 1,200 legal automotive Varkony by Senators Aftlerbach and Reibman. dismantling and recycling businesses in Pennsylvania, employing Congratulations of the Senate were extended to Patricia approximately 5,000 persons; and and Michael McGarry and to Anne Anstine by Senator Baker. WHEREAS, Legitimate automotive dismantlers and recyclers Congratulations of the Senate were extended to Mr. and save consumers countless dollars on automotive body and repair work by offering recycled replacement parts at significant Mrs. Kostantinos Hionis and to Mr. and Mrs. Robert Eusden savings; and by Senator Bell. WHEREAS, Automotive dismantlers and recyclers help save Congratulations of the Senate were extended to Mr. and energy, our natural resources, and our environment, in that less Mrs. Gilbert Patterson by Senator Corman. mining for metals is required and fewer wrecked and abandoned Congratulations of the Senate were extended to the vehicles are seen scattered about; and WHEREAS, 1989 marks the 25th anniversary year of the Arlington Civic Council of Pittsburgh by Senator Dawida. Pennsylvania Auto Truck Salvage Association, the Pennsylvania Congratulations of the Senate were extended to Steven trade association representing automotive recyclers; therefore be Studnicki and to Margaret Jennings by Senator Fisher. it Congratulations of the Senate were extended to Helen Bell, RESOLVED, That the Senate of the Commonwealth of Penn­ Vinh Long, Katharine Gaydos, Sonnah Crawford, John sylvania designate the week of September 3 through 9, 1989, as "Pennsylvania Automotive Dismantlers and Recyclers Week." Imparato and to John Ung by Senator Furno. Congratulations of the Senate were extended to J. Frank RECOGNIZING THE CONTRIBUTION OF Kuykendall and to Horsham Fire Company No. 1 by Senator ARTISTS RAISING THE CONSCIOUSNESS Greenleaf. OF HUMANITY, INC. Congratulations of the Senate were extended to Mr. and Senator BRIGHTBILL offered the following resolution Mrs. Theodore Anderer by Senator Greenwood. (Senate Resolution No. 86), which was read, considered and Congratulations of the Senate were extended to Mr. and adopted: Mrs. Harold V. Vought by Senator Helfrick. Congratulations of .the Senate were extended to Mr. and In the Senate, June 19, 1989. Mrs. Don A. Lane, Mr. and Mrs. William A. Irvine and to A RESOLUTION Mr. and Mrs. Enrico Cavuoti by Senator Jubelirer. Recognizing the contribution of Artists Raising the Conscious­ Congratulations of the Sen~te were extended to Mr. and ness of Humanity, Inc. Mrs. Guy Eckhart, Mr. and Mrs. L. M. Abbott, Mr. and Mrs. WHEREAS, Artists Raising the Consciousqess of Humanity, Kenneth Monington, Mr. and Mrs. Leonard D. Harvey, Mr. Inc., (ARCH) was formed for the purpose of producing a theater and Mrs. John Corbin, Mr. and Mrs. Elwood Feltham and to of self-awareness; and Mr. and Mrs. Stephen Batory by Senator Lemmond. WHEREAS, Its aims are to teach and educate adolescents con­ cerning the effects of negative peer pressure, to build self-esteem Congratulations of the Senate were extended to Mr. and and individuality, to heighten communication skills and inner Mrs. Herbert Fritz, Mr. aQd Mrs. Earl W. Snyder, Mr. and creativity, and to present professionally produced shows utilizing Mrs. Raymond Smith, Mr. and Mrs. Leon Vernoy and to Mr. and nurturing the skills of young people within this Common­ and Mrs. Robert L. Westbrook by Senator Madigan. wealth; and Congratulations of the Senate were extended to Glenda Lee WHEREAS, ARCH has produced a true-to-life production of "West Side S.tory" for the purpose of raising the awareness of the Hawke by Senator Peterson. Lebanon Community regarding the damage that racial prejudice Congratulations of the Senate were extended to Mr. and produces; and Mrs. Jai A. Sterner by Senator Regoli. WHEREAS, The production will be a tremendous contribu· Congratulations of the Senate were extended to Eric Robert tion to the Lebanon Community and a tribute to the young Stiles by Senator Reibman. people who have dedicated much time, energy, talent and heart to this production; therefore be it Congratulations of th". Sen".te were extended to Patrick Wallace Kernpsey by Senator Rhoades. 786 LEGISLATIVE JOURNAL-SENATE JUNE 19,

Congratulations of the Senate were extended to Father 11:00 A.M. LAW AND JUSTICE [to Room 461, Gabriel A. Rosetti by Senator Salvatore. consider Senate Bill 4th Floor Congratulations of the Senate were extended to Walter S. No. 815) Conference Room, Bennett by Senator Scanlon. North Wing Congratulations of the Senate were extended to Mr. and 11 :30 A.M. FINANCE Mrs. Robert Lockhart by Senator Shaffer. (to consider Room 8E-B, Senate Bills No. 258, 403, Hearing Congratulations of the Senate were extended to Mr. and Room, 625, Mrs. Carl W. Espenshade by Senator Shumaker. 626, 809, 854 East Wing and 929) Congratulations of the Senate were extended to Marcia Dale Weary by Senators Shumaker and Hopper. 11:30 A.M. LABOR AND INDUSTRY Room 461, Congratulations of the Senate were extended to Mr. and (to consider the nominations 4th Floor Mrs. Charles H. Reed, Mr. and Mrs. William Buterbaugh, Sr. of Thomas Simon, Francis Conference Room, and to Mr. and Mrs. Thomas M. Benner by Senator Bonner and Dale Grome to North Wing Stapleton. the Unemployment Compensa­ Congratulations of the Senate were extended to Mr. and tion Board of Review and Mrs. Andy Matus, Mr. and Mrs. Nelson Morrison, Mr. and to consider House Bill No. Mrs. Lawrence Coraggio and to Mr. and Mrs. Alex Herilla by 1573) Senator Stout. 11:30 A.M. PUBLIC HEALTH AND Room 460, Congratulations of the Senate were extended to Brenda WELFARE (to consider 4th Floor Bindas, Gary Martin and to Jack Johnson by Senator Wilt. Senate Bills No. 4 73 Conference Room, and 474) North Wing CONDOLENCE RESOLUTION 12:30 P.M. INTERGOVERNMENTAL Room 461, The PRESIDENT laid before the Senate the following reso­ AFFAIRS (to consider 4th Floor lution, which was read, considered and adopted: Stnate Bill No. 803, Conference Room, Condolences of the Senate were extended to the family of Senate Resolution No. 79 North Wing the late John R. Butz by Senator Afflerbach. and House Bill No. 1392)

BILLS ON FIRST CONSIDERATION RECESS

Senator PORTERFIELD. Mr. President, I move the Senate Senator LOEPER. Mr. President, at this time I would ask do now proceed to consideration of all bills reported from for a very brief recess of the Senate for the purpose · of a committees for the first time at today's Session. quick meeting of 'the Committee on Rules and Executive The motion was agreed to. Nominations to commence immediately in the Rules room at The bills were as follows: the rear of the Senate Chamber. The PRESIDENT. For the purpose of a meeting of the SB 916, 1002, 1033, 1055, 1093, HB 53 and 514. Committee on Rules and Executive Nominations to begin And said bills having been considered for the first time, immediately at the rear of the Senate Chamber, the Senate Ordered, To be printed on the Calendar for second consid- will stand in recess. eration. AFTER RECESS ANNOUNCEMENTS BY THE SECRETARY The PRESIDENT. The time of recess having elapsed, the The following announcements were read by the Secretary of Senate will be in order. the Senate:

SENATE OF PENNSYLVANIA REPORT FROM COMMITTEE ON RULES AND EXECUTIVE NOMINATIONS COMMITTEE MEETINGS

TUESDAY, JUNE 20, 1989 Senator WILT, by unanimous consent, from the Commit­ tee on Rules and Executive Nominations, reported the follow­ Off the RULES AND EXECUTIVE Rules Committee ing nominations, made by His Excellency, the Governor of Floor NOMINATIONS (to consider Conference Room the Commonwealth, which were read by the Clerk as follows: certain executive nominations)

10:30 A.M. ENVIRONMENT AL Room 461, RESOURCES AND ENERGY 4th Floor (to consider Senate Bill Conference Room, No. 1035) North Wing 1989 LEGISLATIVE JOURNAL-SENATE 787

MEMBER OF THE COUNCIL OF TRUSTEES To the Honorable, the Senate of the Commonwealth of OF MANSFIELD UNIVERSITY OF Pennsylvania: PENNSYLVANIA OF THE STATE SYSTEM In conformity with law, I have the honor hereby to nominate OF HIGHER EDUCATION for the advice and consent of the Senate, Lewis B. Lee, 5349 Devonshire Road, Harrisburg 17112, Dauphin County, Fif­ April 28, 1989. teenth Senatorial District, for reappointment as a member of the Council of Trustees of Mansfield University of Pennsylvania of To the Honorable, the Senate of the Commonwealth of the State System of Higher Education, to serve until the third Pennsylvania: Tuesday of January, 1995, and until his successor is appointed In conformity with law, I have the honor hereby to nominate and qualified. for the advice and consent of the Senate, Dayton A. Brown, 108 ROBERT P. CASEY. Walnut Street, Elkland 16920, Tioga County, Twenty-third Sena­ torial District, for appointment as a member of the Council of MEMBER OF THE COUNCIL OF TRUSTEES Trustees of Mansfield University of Pennsylvania of the State OF MANSFIELD UNIVERSITY OF System of Higher Education, to serve until the third Tuesday of PENNSYLVANIA OF THE STATE SYSTEM January, 1995, and until his successor is appointed and qualified, OF HIGHER EDUCATION vice Ila L. Wiley, Nelson, whose term expired. ROBERT P. CASEY. April 28, 1989. MEMBER OF THE COUNCIL OF TRUSTEES To the Honorable, the Senate of the Commonwealth of OF MANSFIELD UNIVERSITY OF Pennsylvania: PENNSYLVANIA OF THE STA TE SYSTEM In conformity with law, I have the honor hereby to nominate OF HIGHER EDUCATION for the advice and consent of the Senate, Howard J. Smith, Jr., R. D. 3, Box 141, Troy 16947, Bradford County, Twenty-third April 28, 1989. Senatorial District, for reappointment as a member of the Council of Trustees of Mansfield University of Pennsylvania of To the Honorable, the Senate of the Commonwealth of the State System of Higher Education, to serve until the third Pennsylvania: Tuesday of January, 1995, and until his successor is appointed In conformity with law, I have the honor hereby to nominate and qualified. for the advice and consent of the Senate, Ronald J. Cordaro, 214 ROBERT P. CASEY. Hill Street, Dunmore 18512, Lackawanna County, Twenty­ second Senatorial District, for appointment as a member of the NOMINATIONS LAID ON THE TABLE Council of Trustees of Mansfield University of Pennsylvania of the State System of Higher Education, to serve until the third Senator WILT. Mr. President, I request the nominations Tuesday of January, 1995, and until his successor is appointed just read by the Clerk be laid on the table. and qualified, vice Robert J. Beirne, Esquire, Athens, whose The PRESIDENT. The nominations will be laid on the term expired. table. ROBERT P. CASEY. MEMBER OF THE COUNCIL OF TRUSTEES ADJOURNMENT OF MANSFIELD UNIVERSITY OF PENNSYLVANIA OF THE STATE SYSTEM Senator LOEPER. Mr. President, I move the Senate do OF HIGHER EDUCATION now adjourn until Tuesday, June 20, 1989, at I :00 p.m., Eastern Daylight Saving Time. April 28, 1989. The motion was agreed to. To the Honorable, the Senate of the Commonwealth of The Senate adjourned at 5:47 p.m., Eastern Daylight Pennsylvania: Saving Time. In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Peggy E. Dennis, Box 53, 107 Ward Avenue, Osceola 16942, Tioga County, Twenty­ third Senatorial District, for appointment as a member of the Council of Trustees of Mansfield University of Pennsylvania of the State System of Higher Education, to serve until the third Tuesday of January, 1995, and until her successor is appointed and qualified, vice Marcella M. Hyde, D.Ed., Canton, whose term expired. ROBERT P. CASEY. MEMBER OF THE COUNCIL OF TRUSTEES .OF MANSFIELD UNIVERSITY OF PENNSYLVANIA OF THE STATE SYSTEM OF HIGHER EDUCATION April 28, 1989.