COMMONWEALTH OF PENNSYLVANIA

1fiegisla:ti&.e ~J(lurna:l TUESDAY, APRIL 9, 1996 SESSION OF 1996

No. 21

180TH OF THE GENERAL ASSEMBLY

SENATE TUESDAY, April 9, 1996

MEMBER OF 1HE STATE BOARD OF COSMETOLOGY March 28, 1996

The Senate met at 4:46 p.Ol, Eastern Daylight Saving Tame. The PRESIDENT (Lieutenant Governor Mark S. Schweiker) in the Chair.

JOURNAL APPROVED The PRESIDENT. A quorum of the Senate being present, the Clerk will read the Journal of the preceding Session of March 27, 1996. The Clerk proceeded to read the Journal of the preceding Session, when, on motion of Senator LOEPER, further reading was dispensed with and the Journal was approved.

LEGISLATIVE LEAVES The PRESIDENT. The following leaves granted in today's Special Session will also be granted in the Regular Session: Legislative leaves for Senator Tartaglione and Senator Williams; temponuy Capitol leaves for Senator Hughes, Senator Hart, Senator Afllerbach, and Senator Mellow; and personal leaves for Senator Helfrick and Senator Porterfield.

LEGISLATIVE LEAVE CANCELLED The PRESIDENT. Senator Hughes has returned, and his temporary Capitol leave is cancelled.

COMMUNICATIONS FROM THE GOVERNOR APPROVAL OF SENATE BILLS The PRESIDENT laid before the Senate communications in writing from His Excellency, the Governor of the Commonwealth, advising that the following Senate Bills had been approved and signed by the Governor: SB 140, SB 399, SB 432, SB 708, and SB 944. NOMINATIONS REFERRED TO COMMITTEE The PRESIDENT laid before the Senate the following communications in writing from His Excellency, the Governor of the Commonwealth, which were read as follows and referred to the Committee on Rules and Executive Nominations:

To the Honorable, the Senate of the Commonwealth of

Pennsylvania: In confonnity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Hemy A HiDegass, 160 Sping Street, Bedford 15522, Bedford Comty, Thirtieth Senatorial Dis1rict, for Ie8pJJOintment as a member of the State Board of Cosmetology, to serve for a term of three years and until his successor is appoirded and qualified, but not longer than six months beyond that period. mOMAS I. RIDGE Govemor

MEMBER OF 1HE PENNSYLVANIA HIGHER EDUCATION ASSISTANCE AGENCY March 28, 1996 To the Honorable, the Senate of the Commonwealth of

Pennsylvania: In confonnity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Edna B. McKenzie, PhD., 7926 Chaske StIeet, \bona 15147, Allegheny County, Forty-1hin:l Senat0rial Dislrict, for reappointment as a member of the Pennsylvania High« Education Assistance Agency, to serve mti1 June 30,2001, and mti1 her successor is appointed and qualified. mOMAS I. RIDGE Governor

JUDGE, COURT OF COMMON PLEAS, BUlLER COUNTY March 29, 1996 To the Honorable, the Senate of the Commonwealth of

Pennsylvania: In confonnity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Oeotge H Hancher, Esquire, 215 Scott Ridge Road, Hannony 16037, Butler County, 1\venty-first Senatorial Dislrict, for appoin1ment as Judge of the Comt of Common Pleas of Butler Comty, to serve until the first Monday of January 1998, vice The Honorable Floyd A. RauschenbeIger, Jr., resigned. THOMAS J. RIDGE Governor

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LEGISLATIVE JOURNAL - SENATE JUDGE. COURT OF COMMON PLEAS. BUlLER COUNlY Marco 29, 1996

To the Honorable. the Senate of the Commonwealth of Pennsylvania: In confonnity with law. I have the honor hereby to nominate for the advice and consent of the Senate, Marilyn J. Horan, Esquire, 612 North McKean Street, Butler 16001. Butler County. Twenty-fn Senatorial District, for appoinbnent as Judge of the Court of Common Pleas of Butler County. to serve until the fm Monday of Janwuy 1998. vice The Honorable John H. Brydon, resigned. THOMAS J. RIDGE

Governor

JUDGE. COURT OF COMMON PLEAS. FAYE1TE COUNlY March 29. 1996 To the Honorable. the Senate of the Commonwealth of Pennsylvania: In confonnity with law. I have the honor hereby to nominate for the advice and consent of the Senate. Ralph Warman, Esquire, 55 Ben . Lomond Street, Uniontown 15401. Fayette County. Thirty-second Senatorial Dislrict, for appoinbnent as Judge of the Court of Common Pleas of Fayette County. to serve until the fm Monday of Janwuy 1998. vice The Honorable Ricluud D. Cicchetti. resigned. TIIOMAS 1. RIDGE

Governor

JUDGE, COURT OF COMMON PLEAS, PHILADELPHIA COUNlY March 29, 1996 To the Honorable. the Senate of the Commonwealth of Pennsylvania: In confonnity with law. I have the honor hereby to nominate for the advice and consent of the Senate. Paul JatTe. Esquire. 272 South Second Street, Philadelphia 19106. Philadelphia Comly. Fimt Senat0rial Dislrict, for appoinbnent as Judge of the Court of Conunon Pleas of Philadelphia County. to serve until the fll'St Monday of Janwuy 1998. vice The Honorable Russell M. Nigro, elected to the Supreme Court. THOMAS J. RIDGE

Governor

JUDGE. COURT OF COMMON PLEAS, PHILADELPHIA COUNlY March 29. 1996 To the Honorable, the Senate of the Commonwealth of Pennsylvania: In confonnity with law, I have the honor hereby to nominate for the advice and consent of the Senate. Benjamin Lerner. Esquire. 328 South 24th Street, Philadelphia 19103. Philadelphia County. First Senatorial Dislrict, for appoin1ment as Judge of the Court of Common

APRIL 9,

Pleas of Philadelphia Co1Dlty. to serve until the first Monday of 1anuary 1998. vice The Honorable John L. Braxton, resigned. mOMAS 1. RIDGE

Governor

JUDGE, COURT OF COMMON PLEAS, PHILADELPHIA COUNTY March 29, 1996 To the Honorable. the Senate of the Commonwealth of Pennsylvania: In confonnity with law. I have the honor hereby to nominate for the advice and consent of the Senate, Doris Pechkurow. Esquire. 2819A Parrish Street, Philadelphia 19130, Philadelphia COlU1ty. First Senatorial District, for appointment as Judge of the Court of Common Pleas of Philadelphia C01Dlly. to serve 1Dltil the first Monday of 1anuary 1998. vice The Honorable Edward 1. Blake, resigned. mOMAS J. RIDGE

Governor

JUDGE, COURT OF COMMON PLEAS, S91H JUDICIAL OISTRICf March 29, 1996 To the Honorable, the Senate of the Commonwealth of Pennsylvania: In confonnity with law. I have the honor hereby to nominate for the advice and consent of the Senate. Vernon D. Roof, Esquire. 27 Cottage Lane, Ridgway 15853, Elk County, Twenty-fifth Senatorial District, for appoinunent as Judge of the Comt of Common Pleas of the Fifty-ninth Judicial District, to serve until the first Monday of Janwuy 1998, vice The Honorable Gordon J. Daghir, lost retention election. mOMAS J. RIDGE

Governor

JUDGE, MUNICIPAL COURT OF PHILADELPHIA March 29, 1996 To the Honorable, the Senate of the Commonwealth of Pennsylvania: In confonnity with law. I have the honor hereby to nominate for the advice and consent of the Senate, Hany Schwartz. Esquire. 461 Pinewood Road, Philadelphia 19116, Philadelphia County, Fifth Senatorial District, for appoinunent as Judge of the Municipal Court of Philadelphia, to serve until the fll'St Monday of Janwuy 1998. vice The Honorable Michael 1. Conroy, Jr., deceased. mOMAS J. RIDGE

Governor

MEMBER OF 1HE BOARD OF lRUSTEES OF SELINSGROVE CENTER March 29, 1996 To the Honorable, the Senate of the Commonwealth of Pennsylvania: In confonnity with law, I have the honor hereby to nominate for the advice and consent of 1he Senate, Mmgaret Keller. P. O. Box 190, Port Trevorton 17864. Snyder County. Twenty-seventh Senatorial

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District, for appointment as a member of the Board of Trustees of Selinsgrove Center, to serve until the third Tuesday of Janumy 1999, and until her successor is appointed and qualified, vice Brenda Dutrow, Esquire, Beaver Springs, resigned. mOMAS J. RIDGE

Governor

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SENATE

mit Street, Mohnton 19540, Betts County, Eleventh Senatorial District, for appointment as a member of the State Board of Vehicle Manufactun:rs, DeaIas and Salespersons, to serve for a tam of tbI= years and until his successor is appointed and qualified, but not longer than six months beyond that period, vice Clarence R Kozma, Minersville, whose tenn expired. THOMAS J. RIDGE

MEMBER OF lHE BOARD OF TRUSTEES OF SELINSGROVE CENTER March 29, 1996

Governor

MEMBER OF mE PENNSYLVANIA DRUG, DEVICE AND COSMETIC BOARD

To the Honorable, the Senate of the Commonwealth of Pennsylvania: In confonnity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Ann I. Shadel, R. D. #1, Box 717, Mount Pleasant Mills 17853, Snyder County, Twenty-seventh

Senatorial District, for appointment as a member of the Board of Trustees of Selinsgrove Center, to serve until the third Tuesday of Janumy 2001, and until her successor is appointed and qualified, vice Henry 1. Baranoski, Middleburg, whose tenn expired. mOMAS 1. RIDGE

Governor

DISTRICT JUSTICE

April 3, 1996 To the Honorable, the Senate of the Commonwealth of Pennsylvania: In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Diane M Zilinskas, 302 Giffin Avenue, Pittsbmgh 15210, Allegheny County, Forty-third Senatorial District, for appointment as a member of the Pennsylvania Drug, Device and Cosmetic Board, to serve for a tam of four years or until her successor is appointed and qualified, but not longer than six months beyond that period, vice Charles D. Thomas, Pittsbmgb, whose tenn expired. THOMAS 1. RIDGE

Governor March 29, 1996

To the Honorable, the Senate of the Commonwealth of PennsyIvania: In confonnity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Nolan Kurtz, 1008 North Third Street, Hanisburg 17102, Dauphin County, Fifteenth Senatorial District, for appointment as District Justice, in and for the County of Lackawanna, Magisterial District 45-1-02, to serve until the fm Monday of Janumy 1998, vice Carmen D. Minora, resigned. mOMAS J. RIDGE

Governor

CONTROLLER, CLEARFIELD COUNTY April I, 1996 To the Honorable, the Senate of the Commonwealth of Pennsylvania: In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Percy O. Kephart, Jr., 129 West Sixth Street, Clearfield 16830, Clearfield County, Thirty-ftfth Senatorial District, for appointment as Controller, in and for the County of Clearfield, to serve until the fm Monday of Janumy 1998, vice Gene Lunsford, resigned. THOMAS J. RIDGE

Governor

MEMBER OF lHE STATE BOARD OF VEHICLE MANUFACTURERS,

DEALERS AND SALESPERSONS April I, 1996 To the Honorable, the Senate of the Commonwealth of Pennsylvania: In confonnity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Lee G. Kachel, 131 East Smn-

DISTRICT JUSTICE April 3, 1996 To the Honorable, the Senate of the Commonwealth of Pennsylvania: In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Fri1z Bittenbender, 234 Boas Street, Harrisburg 17102, Dauphin Comty, Fifteenth Senatorial District, for appointment as District Justice, in and for the County of Delaware, Magisterial District 32-2-39, to serve until the first Monday of Janumy 1998, vice C. Walter McCmy, resigned. THOMAS J. RIDGE

Governor

MEMBER OF mE NORTIlUMBERLAND COUNlY BOARD OF ASSISTANCE

April 4, 1996 To the Honorable, the Senate of the Commonwealth of Pennsylvania: In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, LaRue Beck (Republican), 524 Main Street, Ranshaw 17866, Northumberland Count}'. 1\vent}'-seventh Senatorial District, for appointment as a member of the Northumberland County Boan1 of AssSance, to serve lDltil December 31, 1998, and until her successor is appointed and qualified, vice Annabelle F. Litchard, Northumberland, whose tenn expired. THOMAS J. RIDGE

Governor

RECALL COMMUNICATIONS REFERRED TO COMMI'ITEE The PRESIDENT laid before the Senate the following communications in writing from His Excellency, the Governor of

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SENATE

APRIL 9,

the Commonwealth. which were read as follows and referred to the Committee on Rules and Executive Nominations:

the· Commonwealth. which were read as follows and referred to the Committee on Rules and Executive Nominations:

JUDGE, MUNICIPAL COURT OF PHILADELPHIA

MEMBER OF THE BERKS COUN1Y BOARD OF ASSISTANCE

March 29, 1996

April 1, 1996

To the Honol1lble, the Senate of the Commonwealth of Pennsylvania:

To the Honorable, the Senate of the Commonwealth of Pennsylvania:

In accordance with the power and authority vested in me as Governor of the Commonwealth, I do hereby recall my nomination dated February 8, 1996 for the appointment of William G. Chadwick, Jr., Esquire, 700 West Mt. Airy Avenue, Philadelphia 19119, Philadelphia COlDlty, Fourth Senatorial District, as Judge of the Municipal Court of PhiJadeIphia, to serve lUltiJ the first Monday of January 1998, vice The HODOl1lbie Michael J. Conroy, Jr., deceased. I respectfully request the return to me of the official message of nomination on the premises.

Please note the nomination dated March 18, 1996 for the appointment of Hemy C. Hatbster (Republican), 213 Amherst Avenue, Reading 19609, Berks County, Eleventh Senatorial District, as a member of the Berks Comty 80aId of AssisCance, to serve until December 31, 1998, and until his successor is appointed and qualified, to add to complement, should be COlleCted to read: Hemy C. Harbster (Republican), 213 Amherst Avenue, Reading 19609, Berks County, Fortv-eighth Senatorial District, as a member of the Berks Comty Board of Assistance. to serve lUltil December 31, 1998, and until his successor is appointed and qualified, to add to complement

1110MAS J. RIDGE

Governor

MEMBER OF THE PENNSYLVANIA DRUG, DEVICE AND COSMETIC BOARD

MEMBER OF THE BERKS COUN1Y BOARD OF ASSISTANCE April I, 1996

April 3, 1996 To the Honorable, the Senate of the Commonwealth of Pennsylvania:

To the Honol1lble, the Senate of the Commonwealth of Pennsylvania:

In accordance with the power and authority vested in me as Governor of the Commonwealth, I do hereby recall my nomination dated March 11, 1996 for the appointment of Paula Vitz, 265 Brookview Drive, Red Lion 17356, York County, Twenty-cighth Senatorial District, as a member of the Pennsylvania Drug, Device and Cosmetic Board, to serve for a tenn of four years or until her successor is appointed and qualified, but not longer than six months beyond that period, vice Charles D. Thomas, PiUsburgh, whose tenn expired. I respectfully request the return to me of the official message of nomination on the premises.

Please note the nomination dated March 18, 1996 for the appointment of Clemson N. Page, Jr. (Republican), 660 Penn Square Center, Reading 19603, Berks County, Eleventh Senatorial District, as a member of the Berks County Board of Assistance, to serve until December 31, 1998, and until his successor is appointed and qualified, to add to complement, should be COlleCted to read: Clemson N. Page, Jr. (Republican), 660 Penn Square Center, Reading 19603, Berks County, Fortv-eighth Senatorial District, as a member of the Berks County Board of Assistance, to serve until .December 31, 1998, and until his successor is appointed and qualified, to add to complement

mOMAS J. RIDGE

JUDGE, COURT OF COMMON PLEAS,

Governor

MEMBER OF TIlE BERKS COUNTY BOARD OF ASSISTANCE April 3, 1996 To the Honorable, the Senate of the Commonwealth of Pennsylvania: In accordance with the power and authority vested in me as Governor of the Commonwealth, I do hereby recall my nomination dated March 18, 1996 for the appointment of Henry C. Harbster (Republican), 213 Amherst Avenue, Reading 19609, Berks County, Fortyeighth Senatorial District, as a member of the Berks ColUlty Board of Assistance, to serve lUltiJ December 31, 1998, and lUltil his successor is appointed and qualified, to add to complement I respectfully request the return to me of the official message of nomination on the premises. 1llOMAS J. RIDGE

Governor

CORRECTIONS TO NOMINATIONS REFERRED TO COMMITTEE The PRESIDENT laid before the Senate the following communications in writing from His Excellency, the Governor of

PHILADELPHIA COUNTY April 4, 1996 To the Honorable, the Senate of the Commonwealth of Pennsylvania: Please note the nomination dated March 29, 1996 for the appointment of Benjamin Lerner, Esquire, 328 South 24th Street, Philadelphia 19103, Philadelphia County, First Senatorial District, as Judge of the Court of Common Pleas of Philadelphia County, to serve until the first Monday of January 1998, vice The Honorable John L. Braxton, resigned, should be corrected to read: Benjamin Lerner, Esquire, 2221 Sprnce Street Philadelphia 19103, Philadelphia County, First Senatorial District, as Judge of the Court of Common Pleas of Philadelphia County, to serve until the fmt Monday of January 1998, vice The Honorable John L. Braxton, resigned.

HOUSE MESSAGES HOUSE BILLS FOR CONCURRENCE The Clerk of the House of Representatives presented to the Senate the following bills for concurrence, which were referred to the committees indicated:

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subject to discharge in banlauptcy, willful failure to make restitution and plea agt=nents.

March 27. 1996 DB 837 - Committee on Education.

Which was committed to the Committee on JUDICIAR~ March 29, 1996.

March 29. 1996 DB 1053 - Committee on Judicimy. DB 2494 - Committee on State Government.

HOUSE RESOLUTION FOR CONCURRENCE The Clerk of the House of Representatives presented to the Senate the following resolution for concurrence, which was referred to the committee indicated:

March 27. 1996 HCR 311 -- Committee on Rules and Executive Nominations.

BILLS INTRODUCED AND REFERRED The PRESIDENT laid before the Senate the following Sen-

ate Bills numbered, entitled, and referred as follows, which were read by the Clerk: March 27. 1996 Senators JUBELIRER, FISHER, BELL, HART, WAGNER, BODACK, LAVALLE, rnOMPSON, MELLOW, ROBBINS, SALVATORE, HELFRICK, BRIGHTBILL, MOWERY, HECKLER, WENGER, STAPLETON, TOMLINSON, KASUNIC and PETERSON presented to the Chair S8 1466, entitled: An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, defming the offense of trademark counterfeiting; and providing penalties. Which was committed to the Committee on March 27, 1996.

SENATE

JUDICIAR~

Senator RHOADES presented to the Chair 58 1467, entitled: An Act amending the act of May 31, 1945 (p. L. 1198, No. 418), entitled, as amended, "Surface Mining Conservation and Reclamation Act," further providing for confonnity for certain regulations relating to anthracite and bitwninous coal mines. Which was committed to the Committee on ENVIRONMENTAL RESOURCES AND ENERGY, March 27, 1996. Senator ANDREZESKI presented to the Chair 58 1468, entitled: An Act amending the act of June 13, 1967 (p. L. 31, No. 21), entitled "Public Welfare Code," further providing for the medically needy. Which was committed to the Committee on PUBLIC HEALrn AND WELFARE, March 27,1996. March 29. 1996 Senators DELP and SALVATORE presented to the Chair 58 1469, entitled: An Act amending Title 42 (Judicial)' and Judicial Procedwe) of the Pennsylvania Consolidated Statutes, further regulating restitution

Senators DELP, SALVAroRE and KASUNIC presented to the Chair 581470, entitled: An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, povidiog for piorit¥ of restitution. Which was committed to the Committee on JUDICIAR~ March 29, 1996. Senators ULIANA, WENGER and MOWERY presented to the Chair 58 1471, entitled: An Act providing for l118D8ged hea1dl care for medical assistance recipients; and confening powers and duties on the Depllrlment of Public Welfare. Which was committed to the Committee on PUBLIC HEAL1H AND WELFARE, March 29,1996. April 4. 1996

Senators CORMAN, WENGER, MADIGAN, RHOADES, BRIGH1BILL, SmWART and PElERSON presented to the Chair 58 1471, entitled: An Act requiring the Department of Commerce to maintain data regarding researeh and development affecting the housing industry in this Commonwealth; recognizing and supporting the Pennsylvania Housing Research Center; and making an appropriation. Which was committed to the Committee on URBAN AFFAIRS AND HOUSING, April 4, 1996. Senators DELP, PICCOLA, 1HOMPSON and HECKLER presented to the Chair 58 1473, entitled: An Act prohibiting the manufacture of certain articles in homes; further providing for the powers and duties of the Department of Labor and Industry and of the Depllrlment of Environmental Protection; and making a tepeal. Which was committed to the Committee on LABOR AND INDUSlRY, April 4, 1996. Senators DELp, PICCOLA and HECKLER presented to the Chair 58 1474, entitled: An Act amending the act of May 18, 1937 (p. L. 665, No. 176), entitled "Industrial Homeworlc Law," changing the pmpose of the act; further regulating the perfonnance of industrial woIk in homes; further providing for penalties; providing for Federal preemption; and making editorial changes. Which was committed to the Committee on LABOR AND INDUSTRY, April 4, 1996. Senators BRIGHTBILL, HELFRICK, HART and SCHWARTZ presented to the Chair 581475, entitled: An Act amending Title 66 (Public Utilities) of the Pennsylvania Consolidated Statutes, fiD1her providing for definitions; and providing for restIUcturing of the electric utility industry.

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Which was committed to the Committee on CONSUMER PR0TECI10N AND PROFESSIONAL LICENSURE, April 4, 1996.

Senators MOWERY, SCHWARTZ, BELL, TARTAGLIONE, BRIGHTBILL, WAGNER, GERLACH, O'PAKE, RHOADES, AFFLERBACH, HART, KASUNlC, HELFRICK, GREENLEAF, JONES, FUMO and MELLOW presented to the Chair S8 1476, entitled: An Act establishing a legislative bipm1isan COlllIIliBon for \Wlllen and the Women's Conunission Fund; and making an appropriation.

Which was committed to the Committee on STATE GOVERNMENT, April 4, 1996. Senators PUNT, PORTERFIELD, HART and RHOADES presented to the Chair S8 1477, entitled: An Act amending the act of April 12, 1951 (P. L. 90, No. 21), entitled, as reenacted, "Liquor Code," further deftning "incorporated unit of a national veterans' organization."

Which was committed to the Committee on LAW AND JUSTICE, April 4, 1996. Senators RHOADES, BRIGHTBILL, O'PAKE, WAGNER, AFFLERBACH, PICCOLA, BODACK, KASUNIC, TOMLINSON, STEWART, LEMMOND, GERLACH, FISHER, PETERSON, WILLIAMS, MOWERY and PORTERFIELD presented to the Chair SB 1478, entitled: An Act making an appropriation to the Department of Education for the purchase of equipment for vocational education secondary programs and community colleges.

Which was committed to the Committee on APPROPRIATIONS, April 4, 1996.

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Which was committed to the Committee on APPROPRIATIONS, April 4, 1996. Senator TILGHMAN presented to the Chair SB 1482, entitled: An Act making appropriations from the Workmen's Compensation Administration Fund to the Department of Labor and Industry and the Depar1ment of Commerce to provide for the expenses of administering the Workers' Compensation Act, The Pennsylvania Occupational Disease Act and the Office of Small Business Advocate for the fiscal year July I, 1996, to June 30, 1997, and for the payment of bills incurred and remaining unpaid at the close of the fiscal year ending June 30, 1996.

Which was committed to the Committee on APPROPRIATIONS, April 4, 1996. Senator TILGHMAN presented to the Chair SB 1483, entitled: An Act making appropriations from the Professional Licensure Augmentation AccO\Blt and from restricted revenue accounts within 1he General· Fund to 1he Department of State for use by the Bureau of Professional and Occupational Affairs in support of the professional licensure boards assigned thereto.

Which was committed to the Committee on APPROPRIATIONS, April 4, 1996. Senator TILGHMAN presented to the Chair SB 1484, entitled: An Act making an appropriation to the Treasury Department out of the Fish Fund for payment of general obligation debt service.

Which was committed to the Committee on APPROPRIATIONS, April 4, 1996. Senator TILGHMAN presented to the Chair SB 1485, entitled:

Senators PICCOLA, GERLACH, HELFRICK, BELL, RHOADES, WENGER, TOMLINSON, FISHER, BRIGHTBILL and LEMMOND presented to the Chair SB 1479, entitled:

An Act making appropriations from a restricted revenue account within the General Fund and from Federal augmentation fimds to the Pennsylvania Public Utility Commission.

An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, prohibiting the provision of certain stimulants to minors~ and providing penalties.

Which was committed to the Committee on APPROPRIATIONS, April 4, 1996.

Which was committed to the Committee on JUDICIARY, April 4, 1996. Senator TILGHMAN presented to the Chair SB 1480, entitled:

Senator TILGHMAN presented to the Chair SB 1486, entitled: An Act making an appropriation from a restricted revenue account within the General Fund to the Office of Consumer Advocate in the Office of Attorney General.

An Act making an appropriation from the State Employees' Retirement Fund to provide for expenses of the State Fmployees' Retirement Boanl for the flSC81 year July 1, 1996, to J1DlC 30, 1997, and for the payment of bills incwred and remaining \Blpaid at the close of the fiscal year ending June 30. 1996.

Which was committed to the Committee on APPROPRIATIONS, April 4, 1996.

Which was committed to the Committee on APPROPRIATIONS, April 4, 1996.

An Act making an appropriation from a restricted revenue acCO\Blt within 1he General F\Bld to the Office of Small Business Advocate in the Depar1ment of Commerce.

Senator TILGHMAN presented to the Chair S8 1481, entitled:

Which was committed to the Committee on APPROPRIATIONS, April 4, 1996.

An Act making an appropriation from the Public School Employees' Retirement Fund to provide for expenses of the Public School Employees' Retirement Boatd for the fJSCB1 year July 1, 1996, to J1DlC 30, 1997, and for the payment of bills incuned and remaining unpaid at the close of the fiscal year ending June 30, 1996.

Senator TILGHMAN presented to the Chair SB 1487, entitled:

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Senator BELL presented to the Chair S8 1488, entitled: An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, further providing for original jurisdiction of the Commonwealth Court.

Which was committed to the Committee on JUDICIARY, April 4, 1996. Senator BELL presented to the Chair S8 1489, entitled: An Act amending the act of October 15, 1980 (p. L. 950, No. 164), entitled "Commonwealth Attorneys Act," further providing for criminal prosecutions.

Which was committed to the Committee on JUDICIARY, April 4, 1996. April 9. 1996 Senators TOMLINSON, GERLACH, SCHWARTZ, O'PAKE and RHOADES presented to the Chair S8 1490, entitled: An Act amending the act of January 14, 1952 (1951 P. L. 1898, No. 522), entitled, as amended, ''F1D1eT8l Director Law," providing for continuing education as a condition for license renewal.

Which was committed to the Committee on CONSUMER PROTEcnON AND PROFESSIONAL LICENSURE, April 9, 1996. Senators PICCOLA and SHAFFER presented to the Chair S8 1491, entitled: A Joint Resolution proposing amendments to the Constitution of the Commonwealth of Pennsylvania, establishing the Judicial Co\D1CiI of Pennsylvania; and providing for its powers and duties.

Which was committed to the Committee on JUDICIARY, April 9, 1996. Senators PICCOLA and SHAFFER presented to the Chair S8 1492, entitled: An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, providing for the Judicial Council of Pennsylvania.

Which was committed to the Committee on

JUDICIAR~

April 9, 1996.

Senator GREENLEAF presented to the Chair SB 1493, entitled: An Act amending the act of December 12, 1994 (P. L. 956, No. 135), entitled "Humane Society Police Officer Enforcement Act," further providing for appointment; and making editorial changes.

Which was committed to the Committee on AGRICULTURE AND RURAL AFFAIRS, April 9,1996. Senator GREENLEAF presented to the Chair S8 1494, entitled: An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, further providing for cruelty to animals.

Which was committed to the Committee on AGRICULTURE AND RURAL AFFAIRS, April 9,1996. Senator TILGHMAN presented to the Chair S8 1495, entitled:

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An Act amending the act of Jtme 30, 1995 (p. L. , No. 5A), entitled "General Appropriation Act of 1995," providing additional appropriations.

Which was committed to the Committee on APPROPRIATIONS, April 9, 1996. Senator TILGHMAN presented to the Chair S8 1496, entitled: An Act providing for the capital budget for the fiscal year 19961997.

Which was committed to the Committee on APPROPRIATIONS, April 9, 1996.

RESOLUTIONS INTRODUCED AND REFERRED The PRESIDENT laid before the Senate the following Senate Resolutions numbered, entitled, and referred as follows, which were read by the Clerk:

April 4. 1996 MEMORIALIZING THE GOVERNOR TO PROCLAIM APRIL 14 THROUGH 21, 1996, AS "DAYS Oli' REMEMBRANCE OF THE VICTIMS Oli' THE HOLOCAUST" AND TO PROMOTE HOLOCAUST EDUCATION IN COMMONWEALTH SCHOOLS

Senators SALVATORE, JUBELIRER, SCHWARTZ, PETERSON, WAGNER., JONES, STOUT, BELAN, GERLACH, BODACK, O'PAKE, PICCOLA, WENGER, WILLIAMS, FISHER, AFFLERBACH, ULIANA, Tll..GHMAN, BELL, HECKLER, MELLOW, RHOADES and HART offered the following resolution (Senate Resolution No. 115), which was read and referred to the Committee on Rules and Executive Nominations: In the Senate, April 4, 1996 A RESOLUTION Memorializing the Governor to proclaim April 14 through 21, 1996, as "Days of Remembrance of the Victims of the Holocaust" and to promote Holocaust education in Commonwealth schools.

WHERFAS, From 1933 to 1945 six million Jews were murdered in the Nazi Holocaust as part of a systematic program of genocide, and millions of other people perished as victims of Nazism; and WHEREAS, The people of this Commonwealth should always remember the atrocities committed by the Nazis so that such horrors are never repeated and should continuaUy rededicate 1hemselves to the principle of equal justice for all people; and WHEREAS, The people of this Commonwealth should remain eternally vigilant against all ty1'aImy and should :recognize that bigo1Iy provides a breeding ground for tyranny to flourish; and WHEREAS, The Department of Education in 1990 published "The Holocaust-A Guide for Pennsylvania Teachers" in cooperation with the Pennsylvania Jewish Coalition; and WHEREAS, Publications of this type are useful and important tools to educate our teachers and their students in eliminating the prejudice and bigo1Iy which lead to discrimination, persecution and ultimately genocide; and WHEREAS, April 16, 1996, has been designated internationally as a Day of Remembrance of Victims of the Nazi Holocaust, known as Yom Hashoah; and

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WHEREAS, It is appropriate for the people of this Commonwealth to join in the international commemoration~ therefore be it RESOLVED, That the Senate memorialize Governor Thomas J. Ridge to proclaim April 14 through 21, 1996, as "Days of Remembrance of the Victims of the Holocaust" in memory of the victims of the Holocaust in the hope that we will strive always to overcome prejudice and inhwnani1y through education, vigilance and resistance; and be it fiuther RESOLVED, That the Senate memorialize the Governor to support the continued promotion and distribution of "The Holocaust-A Guide for ~lvania Teachers," in schools of 1his Commonwealth.

PROCLAIMING MAY 4, 1996, AS "KIDS' DAY" IN PENNSYLVANIA Senators mOMPSON and GERLACH offered the following resolution (Senate Resolution No. 116), which was read and referred to the Committee on Rules and Executive Nominations: In the Senate, April 4, 1996 A RESOLUTION Proclaiming May 4, 1996, as "Kids' Day" in Pennsylvania. WHEREAS, The Commonwealth of Pennsylvania recognizes the future of this Commonwealth is in the minds, hearts and spirit of its children~ and WHEREAS, Many families today fmd it increasingly difficult to spend adequate time together, and WHERFAS, Parents and children need to spend time together in oIder to adequately nurture children~ and WHEREAS, The children of today will be the leaders of tomorro~ and WHEREAS, The Borough of Downingtown and the Downingtown Main Street program seek to honor the children of the area by providing a day of family fun, education and entertainment on May 4~ therefore be it RESOLVED, That the Senate proclaim May 4, 1996, as "Kids' Day" in Pennsylvania.

GENERAL COMMUNICATIONS LIST OF LOBBYISTS AND ORGANIZATIONS The PRESIDENT laid before the Senate the following communication, which was read by the Clerk as follows: SENATE OF PENNSYLVANIA

SENATE

TEDMAZIA Chief Cleric House of Representatives

(See Appendix for complete list.) ANNUAL REPORT OF THE DELAWARE RIVER PORT AUTHORITY The PRESIDENT laid before the Senate the following communication, which was read by the Clerk as follows: DELAWARE RIVER PORT AUfHORITY of Pennsylvania and New Jersey Bridge Plaza Camden, New Jersey 08101 March 29, 1996 The Honomble Robert C. Jubelirer President Pro Tempore Senate of Pennsylvania Room 292 Main Capitol Harrisbwg, PA 17120

Dear Mr. Jubelirer: The Delaware River Port Authority is pleased to submit the attached report in compliance with the requirements of its Compact as revised effective October, 1992 (see, NJSA 32:3 - 13~ 36 Pa. CSA § 3503 et seq.). We would be pleased to respond to any questions that you or your staff may present Sincerely yours, PAUL DRAYTON Executive Director

The PRESIDENT. This report will be filed in the Librcuy. ANNUAL REPORT OF THE INDEPENDENT REGULATORY REVIEW COMMISSION The PRESIDENT laid before the Senate the following communication, which was read by the Clerk as follows: INDEPENDENT REGULATORY REVIEW COMMISSION Commonwealth of Pennsylvania 333 Market Street Hanisbwg, PA 17101

April I, 1996 To the Honomble, the Senate of the Commonwealth of Pennsylvania To the Honorable, the House of Representatives of the Commonwealth of Pennsylvania

In compliance with Act No. 712 of the 1961 Session and Act No. 212 of the 1976 Session of the General Assembly titled the "Lobbying Registration and Regulation Act," we herewith jointly present a list containing the names and addresses of the persons who have registered fiom Mmch I, 1996 through Mmch 31, 1996 inclusive, for the l80th Session of the GenemJ Assembly. This Jist also contains the names and addresses of the organizations represented by these registrants. Respectfully submitted: MARK R. CORRIGAN Secretary Senate of Pennsylvania

APRa 9,

March 29, 1996

Mark R. Corrigan SecretaIylParliamentarian Senate of Pennsylvania 462 Main Capitol Harrisburg, PA 17120 Dear Mr. Corrigan: On behalf of the Independent Regulatory Review Commission, I take great pleasure in providing you with a copy of our 1995 Annual Report. This report chronicles the regulations that have been reviewed and acted upon in 1995. We have again included a section in this years report which provides you with a sample of the more difficult issues reviewed by this Commission and you and your colleagues. This report also details the many varied activities the Commission's statThas undertaken in order to fulfill our mission. Part of this mission involves maintaining excellent working relationships with the

LEGISLATIVE JOURNAL - SENATE

1996

General Assembly, Commonwealth agencies and people affected by, or interested in, the regulatory process. We believe that we have accomplished this in 1995 and more. We look forward to continuing to build upon those relationships in 1996. We have done something different this year by enclosing within this report a completely separate section detailing all aspects of the regulatory review process. We believe that this separate docwnent, in which we have incorpomted a glossary, may be used as a valuable reference guide for anyone navigating Pennsylvania's regulatory review process. As always, I am available to you and your staff to answer any questions or receive any comments you may have on this report. Sincerely, FRANK 1. ERTZ Executive Director

The PRESIDENT. This report will be filed in the LibraI}'. EARLY AND PERIODIC SCREENING, DIAGNOSIS AND TREATMENT REPORT

The PRESIDENT laid before the Senate the following communication, which was read by the Clerk as follows: COMMONWEALTII OF PENNSYLVANIA Department of Public Welfare P.O. Box 2675 Harrisbwg, Pennsylvania 17105-2675

March 25, 1996 Mr. Mark R. Corrigan Secretary Parliamentarian Senate of Pennsylvania Harrisbwg, Pennsylvania 17120

1765

today's Session to consider Senate Bills No. 6S2, 808, Senate Resolution No. liS, House Resolution No. 311, and certain nominations.

REPORTS FROM COMMITTEES Senator MOWERY, from the Committee on Law and Justice, reported the following bills: HB 1334 (pr. No. 3371) (Amended) An Act amending the act of April 12, 1951 (p.L.9O, No.2l), known as the Liquor Code, further providing for stadium and restaurant licenses in third class cities.

HB 1431 (pr. No. 3372) (Amended) An Act amending the act of April 12, 1951 (p. L. 90, No. 21), known as the Liquor Code, further providing for definitions, for sales by liquor licensees, for malt and brewed beverages manufacturers, for malt and brewed beverages retail licenses, for licenses for art musewns, for perfonning arts facilities. for transfer of n:stalUBIlt licenses to deteriomted areas, for stadium or arena peonits, for sales by manufacturers of malt or brewed beverages and for distributors' and importing dis1ributors' restrictions on sales; prohibiting interlocking business; further providing for breweries, for local option and for limited wineries; and allowing distnbutors of malt or brewed beverages to sell on credit

Senator TILGHMAN, from the Committee on Appropriations, reported the following bills:

sa 342 (pr. No. 1908) (Amended) (Rereported)

Dear Mr. Corrigan: Enclosed is a copy of the Early and Periodic Screening, Diagn0sis and Treatment Report in accordance with the General Appropriations Act of 1995. We welcome comments or suggestions that you may have. Sincerely, FEATIffiR O. HOUSTOUN Secretary

The PRESIDENT. This report will be filed in the Librai}'.

APPOINTMENTS BY MINORITY LEADER The PRESIDENT. The Chair wishes to announce the Minority Leader has made the following appointments: Senator Albert V. Helan to serve on the Joint State Government's Joint Select Committee to Investigate the Financial Integrity and Stability of the State Workmen's Insurance Fund. Senator Christine Tartaglione to serve on the Joint State Government's Joint Select Committee to Investigate the Financial Integrity and Stability of the State Workmen's Insurance Fund.

SPECIAL ORDER OF BUSINESS ANNOUNCEMENT BY THE SECRETARY The SECRETARY. Consent has been given for the Committee on Rules 'and Executive Nominations to meet during

An Act requiring inmates in State and county prisons to make reimbursement for room and board costs; imposing fees for certain medical services provided to inmates; requiring inmates to make restitution for damage to certain property; and establishing procedures relating to funds of inmates.

SB 1462 (pr. No. 1858) A Supplement to the act of (p. L. , No. ), entitled "Capital Budget Project Itemization Act for 1996-1997," itemizing public improvement projects, furniture and equipment projects, transportation assistance projects. tedeveIopment assistance and redevelopment assistance capital projects, flood control projects and Keystone Recreation. Park and Conservation projects to be constmcted or acquired or assisted by the 1JepBJ1ment of General Services. the Department of Conservation and Natural Resoun:es, the 1JepBJ1ment of Environmental Protection. the Department of Conununity Affairs, the Department of Transportation, the Pennsylvania Fish and Boat Commission or the Pennsylvania Game Commission. together with their estimated financial costs', authorizing the incuning of debt without the approval of the electors for the pwpose of financing the projects to be constructed or acquired or assisted by the Department of General Services, the Department of Conservation and Natural Resources, the Department of Environmental Protection. the Department of Commu~ Affairs or the 1JepBJ1ment of Tmnsportation; stating the estimated useful life of the projects; authorizing certain waivers; making appr0priations; and making repeals.

sa 1480 (pr. No. 1889) An Act making an appropriation ftom the State Employees' Retirement Fund to provide for expenses of the State Employees' Retirement Board for the fiscal year July I, 1996, to June 30, 1997, and for the payment of bills incmred and remaining unpaid at the close of the fiscal year ending June 30, 1996.

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SB 1481 (pr. No. 1890) An Act making an appropriation from the Public School Employees' Retirement Food to provide for expenses of the Public School Fmployees' Retirement Bomd for the fiscal year July I, 1996, to June 30, 1997, and for the payment of bills incmred and remaining oopaid at the close of the fiscal year ending June 30, 1996.

SB 1482 (pr. No. 1891) An Act making appropriations from the Workmen's Compensa-

tion Administration Fund to the Department of Labor and Industry and the Department of Commerce to provide for the expenses of administering the Workers' Compensation Act, The Pennsylvania Occupational Disease Act and the Office of Small Business Advocate for the fiscal year July 1, 1996, to June 30, 1997, and for the payment of bills incurred and remaining oopaid at the close of the fiscal year ending Jooe 30, 1996.

SB 1483 (pr. No. 1892) An Act making appropriations from the Professional Licensure Augmentation Accooot and from restricted revenue accooots within the General Fund to the Depm1ment of Slate for use by the Bmeau of Professional and Occupational Affairs in support of the professional licensure boards assigned thereto.

SB 1485 (pr. No. 1894) An Act making appropriations from a restricted revenue accooot within the General Fund and from Federal augmentation fimds to the Pennsylvania Public Utility Commission.

SB 1486 (pr. No. 1895) An Act making an appropriation from a restricted revenue ac-

count within the General Fund to the Office of Consumer Advocate in the Office of Attorney General.

An Act amending Title 34 (Game) of the Pennsylvania Consolidated Statutes, requiring the Pennsylvania Game Commission to implement at least two junior hunter projects to increase and sustain interest in hooting.

DB 1924 (pr. No. 2565) (Rereported) An Act amending Title 34 (Game) of the Pennsylvania Consoli- . dated Statutes. providing for use of credit and debit cards.

DB 1944 (pr. No. 2566) (Rereported) An Act amending Title 34 (Game) of the Pennsylvania Consolidated Statutes, further providing for permits for disabled persons and for a fee for a temporary permit

DB 2022 (pr. No. 2511) (Rereported) An Act amending Title 30 (Fish) of the Pennsylvania Consolidated Statutes, providing for use of credit and debit cards.

BILL IN PLACE Senator ANDREZESKI presented to the Chair a bill.

SENATE RESOLUTION DECLARING THE WEEK OF APRIL 26, 1996, AS "PENNSYLVANIA ACADEMIC COMPETITION WEEK"; AND URGING THE DEPARTMENT OF EDUCATION, LOCAL SCHOOL DISTRICTS AND INTERMEDIATE UNITS TO PARTICIPATE IN THE FIFTH ANNUAL STATEWIDE PENNSYLVANIA ACADEMIC COMPETITION ON APRIL 26, 1996 Senator GERLACH, by unanimous consent, offered the following resolution (Senate Resolution No. 117), which was read, considered and adopted:

In the Senate, April 9, 1996

SB 1487 (pr. No. 1896) An Act making an appropriation from a restricted revenue account within the General Fmd to the OfTtce of Small Business Advo-

cate in the Department of Commerce.

SB 1495 (pr. No. 1906) An Act amending the act of June 30. 1995 (p. L. , No. SA). entitled "General Appropriation Act of 1995." providing additional appropriations.

sa 1496 (pr. No. 1907) An Act providing for the capital budget for the fiscal year 1996-

1997.

DB 814 (pr. No. 3373) (Amended) (Rereported)

An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes. further providing for law enforcement records. for juvenile history recont infonnation, for registration and assessment of sexual offend~. for certain notifications. for immooity for good faith conduct, for duties of the Pennsylvania State Police, for duties of the Pennsylvania Board of Probation and Parole and for the composition and compensation of the State Board to Assess Sexually Violent Predators~ and providing for applicability.

APRIL 9,

DB 1711 (pr. No. 3285) (Rereported)

SB 1484 (pr. No. 1893) An Act making an appropriation to the Treasury Department out of the Fish Food for payment of general obligation debt service.

SENATE

A RESOLUTION Declaring the week of April 26, 1996, as "Pennsylvania Academic Competition Week"~ and urging the Department of Education, local school districts and intermediate units to participate in the ftfth annual Statewide Pennsylvania Academic Competition on April 26, 1996. WHEREAS. The education of all Pennsylvania children is a major concern to the citizens of this Commonwealth and requires the use of creative and innovative means to focus attention upon this concern~ and WHERFAS, Academic competition is an innovative and creative attempt to involve children. parents. educators and community members in an educational fonun for excellence~ and WHEREAS, Athletic excellence has long been recognized by societal and community rewards provided for that type of competition~and

WHERFAS. Academic competition helps to hone the abilities and intellectual skills of students, as well as providing opportunities for incentives to continue the pursuit of excellence in edUC8tion~ and WHERFAS. A cooniinated progmm of academic competition has not existed in this Commonwealth, except in isolated school district programs~ therefore be it RESOLVED, That the Senate declare the week of April 26, 1996, as "Pennsylvania Academic Competition Week"~ and be it further

LEGISLATIVE JOURNAL -

1996

RESOLVEO, That the Department of Education, local school districts and intennediate units are wged to actively participate in the fmals of the fifth annual Statewide Pennsylvania Academic Competition to be held in the Senate and House of Representatives Chambers on April 26, ]996.

SENATE CONCURRENT RESOLUTION RECESS ADJOURNMENT Senator LOEPER offered the following resolution, which was read, considered and adopted: In the Senate, April 9, 1996 RESOLVEO, (the House of Representatives concurring), That when the Senate adjourns this week it reconvene on Monday, April 29, ]996, tmless sooner recalled by the President Pro Tempore of the Senate~ and be it further RESOLVEO, That when the House of Representatives adjourns this week it reconvene on Monday, April 29, 1996, unless sooner recalled by the Speaker of the House of Representatives.

Otdered, That the Secretary of the Senate present the same to the House of Representatives for concurrence.

Fumo Gerlach

1767

SENATE Schwartz Shaffer

Loeper Madigan

Williuna

NAYS-o A constitutional majority of all the Senators having voted "aye," the question was detennined in the affirmative. Ordered, That the Secretary of the Senate return said bill to the House of Representatives with information that the Senate bas passed the same without amendments. S8 208 (pr. No. 1833) - The Senate proceeded to consideration of the bill, entitled: An Act providing for the transfer of certain roadways betvw:en the COlmty of Lackawanna and the Department of Transportation.

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

required by the Constitution, On the question, Shall the bill pass finally?

CALENDAR

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

THIRD CONSIDERATION CALENDAR

YEAS-47

BILLS REREPORTED FROM COMMITIEE AS AMENDED OVER IN ORDER S8 1344, S8 1345, S8 1346 and S8 1348 - Without objection, the bills were passed over in their order at the request of Senator LOEPER. BILLS ON lHIRD CONSIDERATION AND FINAL PASSAGE DB 166 (Pr. No. 140) - The Senate proceeded to consideration of the bill, entitled: An Act authorizing the Department of General Services, with the approval of the Governor, to sell and convey to Robert Boguski and Rita Boguski certain land situate in the Township of Canaan, Wayne County.

Considered the third time and agreed to,

The yeas and nays were taken agreeably to the provisions of the Constitution and were as follows, viz: YEAS-47 Greenleaf Hart Heckler Holl Hughes Jones Jubelirer Kasunic LaValle Lemmond

Greenleaf Hart Heckler Holl Hughes Jones Jubelirer Kuunic LaValle Lemmond Loeper Madigan

Mellow Mowery Musto O'Pake Petenon Piccola Punt Rhoades Robbins Salvatore Schwartz Shaffer

Stapleton Stewart Stout Tartaglione Thompson TIlghman Tomlinson Ulima Wagner Wenger Williams

NAYS-o A constitutional majority of all the Senators having voted "aye," the question was detennined in the affirmative. Ordered, That the Secretary of the Senate present said bill to the House of Representatives for concurrence. BILL OVER IN ORDER

On the question, Shall the bill pass finally?

Afflerbach Andrezeski Annstrong Belan Bell Bodack Brightbill Corman Delp Fisher

Afflerbach Andrezeski Annstrong Belan Bell Bodack Brightbill Corman Delp Fisher Fumo Gerlach

Mellow Mowery Musto O'Pake Peterson Piccola Punt Rhoades Robbins Salvatore

Stapleton Stewart Stout Tartaglione Thompson TIlghman Tomlinson Uliana Wagner Wenger

S8 1294 - Without objection, the bill was passed over in its order at the request of Senator LOEPER. BILL ON lHIRD CONSIDERATION AND FINAL PASSAGE S8 1323 (Pr. No. 1607) - The Senate proceeded to comideration of the bill, entitled: An Act amending Ttt1e 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, further providing for regulations on dissemination of criminal history record infonnation.

Considered the third time and agreed to, On the question, Shall the bill pass finally?

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

Greenleaf Hart Heckler Holl Hughes Jones Jubelirer Kuunic laValle Lemmond Loeper Madigan

Mellow Mowery Musto O'Pake Peterson Piccola Punt Rhoades Robbins Salvatore Schwartz Shaffer

Stapleton Stewart Stout Tartaglione Thompson Tilghman Tomlinson Uliana Wagner Wenger Williams

NAYS-o A constitutional majority of all the Senators having voted "aye," the question was detennined in the affinnative. Ordered, That the Secretary of the Senate present said bill to the House of Representatives for concurrence. BILLS OVER IN ORDER SB 1339, SB 1407 and DB 1571 - Without objection, the bills were passed over in their order at the request of Senator LOEPER. BILLS ON llURD CONSIDERATION AND FINAL PASSAGE DB 1048 (pr. No. 1547) - The Senate proceeded to consideration of the bill, entitled: An Act designating a section of SR 28 in Armstrong Co1U1W and Allegheny County, Pennsylvania, as Alexander H. Lindsay Highway.

On the question,

Shall the bill pass finally? TIle yeas and nays were taken agreeably to the provisions of the Constitution and were as follows, viz:

YEAS-47

BeD Bodack Brightbill Connan Delp Fisher Fumo Gerlach

Greenleaf Hart Heckler Holl Hughes Jones Jubelirer Kasunic laValle Lemmond Loeper Madigan

Mellow Mowery Musto O'Pake Peterson Piccola Punt Rhoades Robbins Salvatore Schwartz Shaffer

Ordered, That ~ SecretaJy of the Senate rewm said bill to the House of Representatives with information that the Senate

DB 2066 (pr. No. 3348) - The Senate proceeded to consideration of the bill, entitled: .An Act amending the act of March 26, 1931 (p.L.7, No.4), entitled, "An act to cede jurisdiction to the United States over the tmcts of lands and buildings occupied, or hereafter to be occupied, by the United States Northeastem PenitcntiaIy, located in and adjacent to the Township of Kelly, County of Union," providing for the ceding of concurrent jurisdiction to the United States for land and facilities occupied.by the Federal Bureau of Prisons.

Considered the third time and agreed to, And the amendments made thereto having been printed as required by the Constitution, On the question, Shall the bill pass ftnally? The yeas and nays were taken agreeably to the provisions of the Constitution and were as follows, viz:

YEAS-47 Afflerbach Andrezeski Armstrong Belan Bell Bodack Brightbill Connan Delp Fisher Fumo Gerlach

Greenleaf Hart Heckler Holl Hughes Jones Jubelirer Kasunic laValle Lemmond Loeper Madigan

Mellow Mowery Musto O'Pake Peterson Piccola

Punt Rhoades Robbins Salvatore Schwartz Shaffer

Stapleton Stewart Stout Tartaglione Thompson Tilghman Tomlinson Uliana Wagner Wenger Williams

NAYS-o

Considered the third time and agteed to,

Amerbach Andrezeski Armstrong Belan

APRIL 9,

bas passed the same without amendments.

YEAS-47 Amerbach Andrezeski Armatrong Belan Bell Bodack Brightbill Connan Delp Fisher Fumo Gerlach

SENATE

Stapleton Stewart Stout Tartaglione Thompson Tilghman Tomlinson Uliana Wagner Wenger Williams

NAYS-o A constitutional majority of all the Senators having voted "aye," the question was detennined in tbe affinnative.

A constitutional majority of all the Senators having voted "aye," the question was detennined in the affirmative. Ordered, That the SecretaJy of the Senate return said bill to the House of Representatives with information that the Senate bas passed the same with amendments in which concurrence of the House is requested. SECOND CONSIDERATION CALENDAR

BILL REREPORTED FROM COMMITIEE AS AMENDED ON SECOND CONSIDERATION SB 1432 (pr. No. 1861) - The Senate proceeded to consideration of the bill, entitled: An Act amending Title 3 (Agriculture) of the Pennsylvania Consolidated Statutes, adding provisions relating to domestic animals; providing for the protection and 8SSlD"8I1CC of animal health; providing for the safety and quality of foods of animal origin; providing for the prevention and control of animal diseases that may threaten human health; providing for research, diagnostic and epidemiologic investigation of animal diseases; providing for indemnification of industIy losses stemming from Department of Agriculture regulatory action; providing for the promotion of desirable management practices for production, keeping and use of domestic animals; imposing penalties;

1996

LEGISLATIVE JOURNAL -

providing for remedies; imposing powers and duties on the Department of Agriculture; and making repeals.

Considered the second time and agreed to, Ordered, To be printed on the Calendar for third consideration. BILLS OVER IN ORDER DB 256, DB 644, S8 848, S8 1084, S8 1301 and S8 1433 - Without objection, the bills were passed over in their order at the request of Senator LOEPER. BILL ON SECOND CONSIDERATION S8 1444 (pr. No. 1827) - The Senate proceeded to comideration of the bill, entitled: An Act amatding TItle 30 (Fish) of the Pennsylvania Consolidated Statutes, further providing for operating wateraaft under influence of alcohol or controlled substance.

Considered the second time and agreed to, Ordered, To be printed on the Calendar for third consideration. BILLS OVER IN ORDER S8 1448, DB 1757, DB 1845, DB 1868, DB 1869 and DB 1903 - Without objection, the bills were passed over in their order at the request of Senator LOEPER. BILL ON SECOND CONSIDERATION AMENDED DB 1940 (pr. No. 2877) - The Senate proceeded to comideration of the bill, entitled: An Act amending the act of May 31, 1945 (P.L.1198, No.418), known as the Surface Mining Conservation and Reclamation Act, further providing for defmitions, for operator's license, for bonds, for health and safety and for remining of previously affected areas; authorizing removal of coal refuse; and further providing for fmancial guarantees, for reclamation bond credits and for the Remining Environmental Enhancement FlUld.

On the question, Will the Senate agree to the bill on second consideration? Senator STOUT offered the following amendment No. A 1609 and, if agreed to, asked that the bill be considered for the second time: Amend Title, page I, line 9, by striking out "AND" Amend Title, page 1, line 12, by removing the period after "FUND" and inserting: ; and providing for the Department of Environmental Protection's authority for the awarding of grants. Amend Sec. 3, page 7, line 29, by striking out "AND (02)" and inserting: , (g.2) and (h) Amend Sec. 3 (Sec. 4), page 11, by inserting between lines 11 and 12:

•••

(h) If the operator fails or refuses to comply with the requirements of the act in any respect for which liability has been charged on the bond, the depm1ment shall declare such bond fotfeited, and the amolUlt of the forfeited bond shall be paid over to the department within thirty (30) days after notice by certified mail from the department, and that amount shall be held in escrow with any interest on the bond accruing to the department pending the resolution of any

SENATE

1'6'

appeals, unless it is determined by a court of competent jurisdiction after exhaustion of appeals that the Commonwealth was not entitled to all or a portion of the 8l1lOwt forfeited in which case the intIRst shall accrue proportionately to the smety in the amount determined to be improperly fotfeikld by the depu1ment. if any. Where the 0perator has deposited cash or securities as colJateral in lieu of a suret¥ bond, the department shall dec1aJe such portion of said coUateral forfeited, and shall din:ct the State 1ieasuIer to pay said fimds into the Swface Mining Conservation and Reclamation Fund, or to pr0ceed to sell said securities to the extent forfeited and pay the poceeds thereof into the Swface Mining Conservation and Reclamation Fund. Should any cotpOrate suret¥ fail to promptly pay. in fb11, a forfeited bond, it shall be disqualified from writing any further suret¥ bonds under this act Any operator aggrieved by Jal8Qn of forfeitiDa the bond or converting collateral. as herein provided, shall have a right to contest such action and appeal therefi'om as henm provided. A corporate swety issuing swety bonds which are forfeited by the dopartment shall have the option of reclaiming the forfeited site. in lieu of paying the bond amowt to the department, upon the consent and approval of the department A comorate surety issuing surety bonds which are forfeited maY propose. upon the 291!pt and approval of the department. the recla'Plltion of the fmfeited mine sites after payment of the amount of the fOIfeited bonds to the depgrtrnmt If the department approves the corporate surety's proposal to Flaw the fotfeited site after the surely pays the bood amount to the tfmn1rnqrt the State Treasurer shall return to the comorate surety any moneys paid to the tLwtmqrt in connection with the fnrfsitpl bond qpvided the ProPOsal includes acceptable rmnpciR1I1SSU1'B1lCe' Acceptable financial assurance includes the dmmtmmt withhnlding return of the moneys until the reclamAtion is complete or the p o . of a replacement bond.

•••

Amend Sec. 5. page 14. lines 24 and 25. by striking out ". 4.13 AND 18(A.I), (A.2XI) AND (A.4)" and inserting: and 4.13 Amend Bill, page 24. by inserting between lines 29 and 30: Section 6. Section 18 heading, (a.l), (a2Xl) and (a.4) of the act, amended or added December 18. 1992 (pL.1384. No.173) are amended and the section is amended by adding a subsection to read: Amend Sec. 5 (Sec. 18), page 25. line 2. by inserting after "FUND":; DepartmentAuthoritv for the Awarding of Grants Amend Sec. 5 (Sec. 18), page 26. by inserting after line 30: (j) The department may. upon written application. award grants from the "Swface Miping Conscrvatjnp and Brn1AmAtinp Fugd." ftpm funds the depar1ment receives from the United States or from any other fund available for approved abandoned mine purposes authorized by this subsection. The department maY cooperate with and make grants to m1U1icipalities. mlUlicipal authorities and appropriate nonprofit mganizations. The IJUl"OOSeS of the ftI!IIU sba1l be wlliet with all applicable Fedeml and State requirement! rnWftd to the source of the funds. A grant awarded under this subsection shan be subject to such tenns and conditions estab1illhed by the department Amend Sec. 6, page 27. line I. by striking out "6" and iDsertiDg: 7 On the question,

Will the Senate agree to the amendment? It was agreed to. On the question,

Wdl the Senate agree to the bill on second comideration, as amended? It was agreed to. Ordered, To be printed on the Calendar for third consideration.

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LEGISLATIVE JOURNAL BILLS OVER IN ORDER

DB 2008, DB 2042, DB 2063, DB 2118 and DB 2140 -

Without objection, the bills were passed over in their order at the request of Senator LOEPER.

SENATE

APRIL 9,

eighth Senatorial Disttict, as a member of the Berks Cotmty Board of Assistance, to serve until December 31, 1998, and until his successor is appointed and qualified, to add to complement I respectfully request the retwn to me of the official message of nomination on the premises. THOMAS J. RIDGE

RECESS

Governor

The PRESIDENT. The Chair recognizes the gentleman from Delaware, Senator Loeper. Senator LOEPER. Mr. President, at this time I ask for a brief recess of the Senate for the purpose of a meeting of the Conunittee on Rules and Executive Nominations to take place immediately in the Rules room at the rear of the Senate Chamber. The PRESIDENT. For the purpose of a meeting of the Committee on Rules and Executive Nominations, the Senate stands in recess.

AFTER RECESS The PRESIDENT. The time of recess having expired, the Senate will come to order.

COMMUNICATIONS FROM THE GOVERNOR REPORTED FROM COMMITTEE ON RULES AND EXECUTIVE NOMINATIONS Senator SALVATORE, from the Committee on Rules and Executive Nominations, reported communications from His Excellency, the Governor of the Commonwealth, recalling the following nominations, which were read by the Clerk as follows: JUDGE, MUNICIPAL COURT OF PHILADELPHIA March 29, 1996 To the Honorable, the Senate of the Commonwealth of Pennsylvania: In acconJance with the power and authority vested in me as Governor of the Commonwealth, I do hereby recall my nomination dated February 8, 1996 for the appoinbnent of William G. Chadwick, Jr., Esquire, 700 West Ml Aily Avenue, Philadelphia 19119, Philadelphia COlmty, Fourth Senatorial District, as Judge of the MWlicipal Court of Philadelphia, to serve Wltil the fD'St Monday of Janumy 1998, vice The Honorable Michael 1. Conroy, Jr., deceased. I respectfully request the retwn to me of the official message of nomination on the premises. 1110MAS J. RIDGE

Governor

MEMBER OF THE BERKS COUNTY BOARD OF ASSISTANCE April 3, 1996 To the Honorable, the Senate of the Commonwealth of Pennsylvania: In accordance with the power and authority vested in me as Governor of the Commonwealth, I do hereby recall my nomination dated March 18, 1996 for the appoinbnent of Berny C. Harbster (Republican), 213 Amherst Avenue, Reading 19609, Berks COWlty, Forty-

NOMINATIONS RETURNED TO THE GOVERNOR

Senator SALVATORE, by unanimous consent, moved that the nominations just read by the Oede be returned to His Excellency, the Governor. 'The motion was agreed to. 'The PRESIDENT. The nominations will be returned to the Governor.

REPORT FROM COMMITTEE ON RULES AND EXECUTIVE NOMINATIONS Senator SALVATORE, from the Committee on Rules and Executive Nominations, reported the following nominations made by His Excellency, the Governor of the Conunonwealth, which were read by the Clerk as follows: MEMBER OF TIlE STAlE BOARD OF BARBER EXAMINERS March 4, 1996 To the Honorable, the Senate of the Commonwealth of Pennsylvania: In confonnity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Cheryl R. McDermott, 116 Broadway Avenue, McKees Rocks 15163, Allegheny County, Fortysecond Senatorial District, for appointment as a member of the State Board of Barber Examiners, to serve for a tenn of three years and lDltil her successor is appointed and qualified, but not longer than six months beyond that period, vice Thomas C. Bigler, Chambersbmg, whose tenn expired. THOMAS 1. RIDGE

Governor

CONIROLLER, BUCKS COUNTY FebIWllY 13, 1996 To the Honorable, the Senate of the Commonwealth of Pennsylvania: In confonnity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Rea Boylan Thomas, Esquire, 5048 Clymer Road, Quakertown 1895 I, Bucks County, Tenth Senat0rial District, for appoinbnent as Controller, in and for the County of Bucks, to serve until the fIrst Monday of Janwuy 1998, vice Daniel J. Lawler, resigned. THOMAS J. RIDGE

Governor

CONIROLLER, NORlHUMBERLAND COUNTY March 11, 1996 To the Honorable, the Senate of the Commonwealth of Pennsylvania:

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LEGISLATIVE JOURNAL - SENATE

In confonnity with law, I have the honor hereby to nominate for the advice and consent of the Senate, William Snyder, 149 East Dewart Street, Shamokin 17872, Northwnberland COWlty, Twentyseventh Senatorial District, for appointment as Controller, in and for the COWlty of Northwnberland, to serve Wltil the fU'St Monday of January 1998, vice Allen J. Cwalina, resigned. TIIOMAS J. RIDGE Governor

MEMBER OF mE COUNCIL OF TRUSTEES OF EAST STROUDSBURG UNIVERSITY OF PENNSYLVANIA OF mE STATE SYSTEM OF HIGHER EDUCATION

February S, 1996 To the Honorable, the Senate of the Commonwealth of Pennsylvania: In confonnity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Darrell P. Covington, MD., 175 East Brown Sbeet, Suite 103, East Stroudsbwg 18301, Monroe County, Eighteenth Senatorial District, for appointment as a member of the COWlcil of Trustees of East Stroudsburg University of Pennsylvania of the State System of Higher Education, to serve lDltil the third Tuesday of January 2001, and Wltil his successor is appointed and qualified, vice Stewart P. Kearney, Scranton, whose tenD expired.

THOMAS J. RIDGE Governor

MEMBER OF mE COUNCIL OF TRUSTEES OF EAST STROUDSBURG UNIVERSITY OF PENNSYLVANIA OF mE STATE SYSTEM OF HIGHER EDUCATION March 4, 1996 To the Honorable, the Senate of the Commonwealth of Pennsylvania: In confonnity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Patrick Ross, Box 161, Tannersville 18372, Monroe COWlty, Twenty-ninth Senatorial District, for appointment as a member of the COWlcil of Trustees of East Stroudsburg University of Pennsylvania of the State System of Higher Education, to SClVC lDltil the thinl Tuesday of JanUBl)' 200 I, and Wltil his successor is appointed and qualified, vice Cosmo G. Lalli, Dunmore, whose tenn expired. THOMAS J. RIDGE Governor

MEMBER OF mE COUNCIL OF TRUSTEES OF EAST STROUDSBURG UNIVERSITY OF PENNSYLVANIA OF mE STATE SYSTEM OF HIGHER EDUCATION

February S, 1996 To the Honorable, the Senate of the Commonwealth of PennsyIvania: In confonnity with law, I have the honor hereby to nominate for the advice and consent of the Senate, David M. Sanko, 2287 Forest Hill Drive, Harrisburg 17112, Dauphin COWlty, Fifteenth Senatorial District, for appointment as a member of the COWlcil of Trustees of East Stroudsburg University of Pennsylvania of the State System of

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Higher Education, to serve Wlill the third Tuesday of January 2001, and Wlill his successor is appointed and qualified, vice E. Craig Sweeten, Skytop, resigned. mOMAS 1. RIDGE Governor

MEMBER OF 1HE COUNCa OF TRUSTEES OF EAST STROUDSBURG UNIVERSITY OF PENNSYLVANIA OF mE STAlE SYSTEM OF HIGHER EDUCATION

Febnwy S, 1996 To the Honorable, the Senate of the Commonwealth of Pennsylvania: In confonnity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Robert Willever, 531 Cattell Street, Easton 18042, Northampton COooty, Eighteenth Senatorial District, for appointment as a member of the Cooocll of Trustees of East Stroudsburg University of Pennsylvania of the State System of Higher Education, to serve ooill the third Tuesday of January 2001, and lDltil his successor is appointed and qualified, vice The Honorable Albert R. Murray, East Stroudsburg, whose tenn expired.

mOMAS J. RIDGE Governor

MEMBER OF 1HE STATE BOARD OF FUNERAL DIRECTORS March 4, 1996 To the Honorable, the Senate of the Commonwealth of Pennsylvania: In confonnity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Leandro N. Angelone, 1214 East Willow Grove Avenue, Wyndmoor 19118, Montgomery COooty, 1\venty-fourth Senatorial District, for reappointment as a member of the State Board of Funeral Directors, to serve for a tam of five years and mtil his successor is appointed and qualified, but not longer dum six months beyond that period.

mOMAS J. RIDGE Governor

MEMBER OF 1lIE BOARD OF TRUSTEES OF HARRISBURG STAlE HOSPITAL Janwuy 26, 1996 To the Honorable, the Senate of the Commonwealth of Pennsylvania: In confonnity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Raymond C. Braoo. Jr., 1490 Letchworth Road, Camp Hill 17011, Cumberland Comty, Thirty-first Senatorial District, for appointment as a member of the Board of Trustees of HmrisbuIg State Hospital, to serve 1D1ti1 the third Tuesday of January 2001. and Wlill his successor is appointed.and qualified, vice Jacqueline C. Jackson-DeGarcia, Hanisbulg, whose tam expired.

THOMAS J. RIDGE Governor

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MEMBER OF 1HE MUNICIPAL POLICE OFFICERS' EDUCATION AND TRAINING COMMISSION Febnwy 27, 1996 To the Honorable, the Senate of the Commonwealth of Pennsylvania: In confonnity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Frederic:k D. Engle, Jr., 3200 Crest Road, Hanisbwg 17109, Dauphin County, Fifteenth Senatorial District, for reappointment as a member of the Municipal Police Officers' Education and Training Commission, to serve until Febnuuy 21, 1999, and Wltil his successor is appointed and qualified.

THOMAS J. RIDGE Governor

MEMBER OF 1HE MUNICIPAL POLICE OFFICERS' EDUCATION AND TRAINING COMMISSION February 28, 1996 To the Honorable, the Senate of the Commonwealth of Pennsylvania: In confonnity with law, I have the honor hereby to nominate for the advice and consent of the Senate, John P. O'Connor, 607 Sewickley Heights Drive, Sewickley 15143, Allegheny Comty, Forty-8CCOnd Senatorial District, for appointment as a member of the MWlicipal Police Officers' Education and Training Commission, to serve until FebruaJy 21, 1999, and lDltil his successor is appointed and qualified, vice Bob C. Reutter, Wallingford, whose tenn expired.

TIIOMAS 1. RIOOE Governor

MEMBER OF1HE MUNICIPAL POLICE OFFICERS' EDUCATION AND TRAINING COMMISSION March 4, 1996 To the Honorable, the Senate of the Commonwealth of Pennsylvania: In confonnity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Gayle M. Wright, 3818 State Street, Erie 16508, Erie County, Forty-ninth Senatorial District, for reappointment as a member of the Municipal Police Officers' Education and Training Commission, to serve until Febnuuy 21, 1999 and until her successor is appointed and qualified.

1110MAS J. RIDGE Governor

MEMBER OF 1HE PROFESSIONAL STANDARDS AND PRACTICES COMMISSION February 20, 1996 To the Honorable, the Senate of the Commonwealth of PennsyIvania: In confonnity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Robert B. Connany, Ed.D., 1883 Douglas Drive, Carlisle 17013, Cumberland County, Thirty-ftrst Senatorial District, for appointment as a member of the Professional S1andmds and Practices Commission, to serve lDltil the thiJd Tuesday

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APRIL 9,

of January 1999 and until his successor is appointed and qualified, vice Paul B. Hentt, New Oxford, whose term expired. THOMAS J. RIOOE Governor

MEMBER OF 1HE PROFESSIONAL STANDARDS AND PRACTICES COMMISSION Febnwy 20, 1996 To the Honorable, the Senate of the Commonwealth of Pennsylvania: In confonnity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Denise E. Darrah, Ed.D., 6735 Boyertown Pike, Douglassville 19518, Berks County, Forty-fourth Senatorial District, for appointment as a member of the Professional Standards and Practices Commission, to serve 1Dltil the third Tuesday of January 1999 and until her successor is appointed and qualified, vice Rosalind Jones-Johnson, Yeadon, whose term expired.

THOMAS J. RIOOE Governor

MEMBER OF 1HE PROFESSIONAL STANDARDS AND PRACTICES COMMISSION Febnwy 20, 1996 To the Honorable, the Senate of the Commonwealth of Pennsylvania: In confonnity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Susan P. Genesi, 303 Mortimer Street, Philipsburg 16866, Centre County, Thirty-fourth Senatorial District, for appointment as a member of the Professional Standards and Practices Commission, to serve 1Dltil the third Tuesday of Janumy 1999 and lDltil her successor is appointed and qualified, vice Kathleen M. Monahan, Zelienople, whose tenn expired.

THOMAS J. RIOOE Governor

MEMBER OF 1HE PROFESSIONAL STANDARDS AND PRACTICES COMMISSION Febnwy 20, 1996 To the Honorable, the Senate of the Commonwealth of Pennsylvania: In confonnity with law, I have the honor hereby to nominate for the advice and consent of the Senate, David A. Shipula, 222 Lyndwood Avenue, Wilkes-Barre 18702, Luzerne County, Fourteenth Senatorial District, for appointment as a member of the Professional Standanls and Practices Commission, to serve 1Dltil the third Tuesday of January 1999 and until his successor is appointed and qualified, vice The Reverend Clarice L. Chambers, Harrisbmg, whose term expired.

THOMAS J. RIDGE Governor

MEMBER OF 1HE PROFESSIONAL STANDARDS AND PRACTICES COMMISSION Febnwy 20, 1996 To the Honorable, the Senate of the Commonwealth of Pennsylvania:

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LEGISLATIVE JOURNAL -

In confonnity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Terrance K. Stover, P.O. Box 686, Hydetown 16328, Crawford County, Fiftieth Senatorial District, for reappointment as a member of the Professional Standards and Practices Commission, to serve until the third Tuesday of January 1999 and until his successor is appointed and qualified. TI10MAS J. RIDGE Governor

MEMBER OF TIlE PUBLIC EMPLOYEE RETIREMENT COMMISSION March 4, 1996

To the Honorable, the Senate of the Commonwealth of PennsyIvania: In confonnity with law, I have the honor hereby to nominate for the advice and consent of the Senate, William Murray, 607 HiIIbom Avenue, Swarthmore 19081, Delaware Comty, Twcnty-sixth Senatorial District, for appointment as a member of the Public Employee Retirement Commission, to serve wtil October 27, 1997, and wtil his successor is appointed and qualified, vice Dale D. Stone, Radnor, resigned. THOMAS J. RIDGE Governor

MEMBER OF TIlE COUNCIL OF TRUSTEES OF SHIPPENSBURG UNIVERSITY OF PENNSYLVANIA OF TIlE STATE SYSTEM OF HIGHER EDUCATION March 13, 1996

To the Honorable, the Senate of the Commonwealth of Pennsylvania: In confonnity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Allan W. Holman, Jr., Esquire, P. O. Box 97, 14 East Main Stn:et, New Bloomfield 17068, Peny County, Thirty-frrst Senatorial District, for reappointment as a member of the CotDlCii of Trustees of Shippensbmg University of Pennsylvania of the State System of Higher Education, to serve wtil the third Tuesday of January 200 I, and until his successor is appointed and qualified. TIIOMAS J. RIDGE Governor

MEMBER OF THE COUNCIL OF TRUSTEES OF SHIPPENSBURG UNIVERSITY OF PENNSYLVANIA OF mE STATE SYSTEM OF HIGHER EDUCATION March 13, 1996

To the Honorable, the Senate of the Commonwealth of Pennsylvania: In confonnity with law, I have the honor hereby to nominate for the advice and consent of the Senate, William L. Piper, 350 Barnstable Road, Carlisle 17013, Cumberland County, Thirty-frrst Senatorial District, for appointment as a member of the Council of Trustees of Shippensburg University of Pennsylvania of the State System of Higher Education, to serve will the third Tuesday of Janumy 2001, and will his successor is appointed and qualified, vice Rev. Clarice L. Chambers, Harrisburg, whose tenn expired. TIIOMAS J. RIDGE Governor

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SENATE

MEMBER OF 1HE COUNCn. OF 1RUSlEES OF SHIPPENSBURG UNIVERSITY OF PENNSYLVANIA OF 1HE STATE SYSTEM OF HIGHER EDUCATION March 13, 1996 To the Hon01'8ble, the Senate of the Commonwealth of Pennsylvania: In confonnity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Kenneth R. Shoemaker, 53 West King Street, Shippensburg 17257, Cumberland County, Thirtyfirst Senatorial Dislrict, for reappointmeut IS a member of the Council of Trustees of ShippensbU18 Univ~ of Pennsylvania of the State System of Higher Education, to serve until the tbinl Thesday of Janumy 200 I, and until his successor is appointed and qualified.

mOMAS J. RIDGE Governor

MEMBER OF 1HE BOARD OF 1RUSlEES OF SOUlll MOUNTAIN RESTORATION CENTER Februmy 27, 1996 To the Honorable, the Senate of the Commonwealth of Pennsylvania: In confonnity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Cora I. Grove, 171 Apple Drive, Greencastle 17225, Fnmklin Comty, Thirty-third Senatorial District, for reappointment as a member of the Board of Trustees of South Mountain Restoration Center, to serve mtil the third Tuesday of January 2001, and until her successor is appointed and qualified.

mOMAS J. RIDGE Governor

MEMBER OF 1HE BOARD OF 1RUSTEES OF SOUlll MOUNTAIN RESTORATION CENTER Februmy 27, 1996 To the Honorable, the Senate of the Commonwealth of Pennsylvania: In confonnity with law, I have the honor hereby to nominate for the advice and consent of the Senate, M Lee Hartzok, 270 Ovedrill Drive, Chambersbmg 17201, Franklin County, Thirty-third Senatorial District, for reappoin1ment as a member of the Board of Trustees of South Mountain Restoration Center, to serve until the third Tuesday of January 1997, and until his successor is appointed and qualified.

mOMAS J. RIDGE Governor

MEMBER OF 1HE BOARD OF 1RUSTEES OF SOUlll MOUNTAIN RESTORATION CENTER Februmy 27, 1996 To the Honorable, the Senate of the Commonwealth of Pennsylvania: In confonnity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Robert C. Holland, 611 South Coldbrook Avenue, Chambersburg 17201, Fnmklin County, Thirtythird Senatorial District, for reappointment as a member of the Board of Trustees of South Mountain Restoration Center, to serve :until the

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LEGISLATIVE JOURNAL -

third Tuesday of Janumy 1999, and until his successor is appointed and qualified. THOMAS 1. RIDGE Governor

MEMBER OF THE BOARD OF lRUSTEES OF SOUTH MOUNTAIN RESTORATION CENTER Febnwy 27, 1996 To the Honorable, the Senate of the Commonwealth of Pennsylvania: In confonnity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Stephen 1. Holoviak, PhD., 410 Overbill Drive, Chambersburg 17201, Franklin County, Thirty-third Senatorial District, for reappointment as 8 member of the Board of Trustees of South Mountain Restoration Center, to serve until the third Tuesday of Janumy 1999, and until his successor is appointed and qualified.

TI10MAS 1. RIDGE Governor

MEMBER OF THE BOARD OF lRUSTEES OF SOUTH MOUNTAIN RESTORATION CENTER Februaty 27, 19% To the Honorable, the Senate of the Commonwealth of Pennsylvania: In confonnity with law, I have the honor hereby to nominate for the advice and consent of the Senate, David G. Sciamanna, 575 Montgomery Avenue, Chambersburg 17201, Franklin County, Thirty-third Senatorial District, for reappointment as a member of the Board of Trustees of South Mountain Restoration Center, to serve until the third Tuesday of Janumy 200 I, and until his successor is appointed and qualified.

TIIOMAS J. RIDGE Governor

COMMONWEALTH lRUSTEE OF TEMPLE UNIVERSITY--QF 1lIE COMMONWEAL111 SYSTEM OF HIGHER EDUCATION Februaty 5, 1996 To the Honorable, the Senate of the Commonwealth of Pennsylvania: In confonnity with law, I have the honor hereby to nominate for , the advice and consent of the Senate, Robert A. Rovner, Esquire, 478 Long Lane, Huntingdon Valley 19006, Montgomery County, Fifth Senatorial District, for appointment as a Commonwealth Trustee of Temple University--of the Commonwealth System of Higher Education, to serve until October 14, 1999, and until his successor is appointed and qualified, vice Edward H. Rosen, Narberth, whose tenn expired.

TIIOMAS J. RIDGE Governor

MEMBER OF THE PENNSYLVANIA TIJRNPIKE COMMISSION Febnwy 29, 19%

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To the Honorable, the Senate of the Commonwealth of Pennsylvania: In confonnity with law, I have the honor hereby to nominate for the advice and consent of the Senate, James F. Malone, ill, Esquire, 30 Wedgewood Lane, Pittsburgh 15215, Allegheny County, Thirtyeighth Senatorial District, for reappointment as a member of the Pennsylvania Turnpike Commission, to serve for a term of four years or until his successor is appointed and qualified, but not longer than ninetY days beyond that period.

THOMAS J. RIDGE Governor

MEMBER OF THE ELK COUNIY BOARD OF ASSISTANCE Febrwuy 12, 1996 To the Honorable, the Senate of the Commonwealth of Pennsylvania: In confonnity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Rose Heindl (Republican), 602 Hyde Avenue, Ridgway 15853, Elk County, Twenty-fifth Senatorial District, for appointment as a member of the Elk County Board of Assistance, to serve mtil December 31, 1997, and mtil her successor is appointed and qualified, vice Ulmar L. Fritz, St Mmys, resigned.

THOMAS J. RIDGE Governor

DISTRICT JUSTICE March 25, 1996 To the Honorable, the Senate of the Commonwealth of Pennsylvania: In confonnity with law, I have the honor hereby to nominate for the advice and consent of the Senate, A. Michael Rossi, R R 9, Box 656, Meadville 16335, Crawford County, Fiftieth Senatorial District, for appointment as District Justice, in and for the County of Crawford, Magisterial District 30-3-02, to serve until the flISt Monday of Janumy 1998, vice Hubert E. Vogan, resigned. THOMAS 1. RIDGE Governor

MEMBER OF THE NORTHAMPTON COUNIY BOARD OF ASSISTANCE Janwuy 2, 1996 To the Honorable, the Senate of the Commonwealth of Pennsylvania: In confonnity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Richard Orlemann (Republican), 1434 Bushkill Street, Easton 18042, Northampton County, Eighteenth Senatorial District, for appointment as a member of the Northampton County Board of Assistance, to serve until December 31, 1998, and until his successor is appointed and qualified, to add to complement

THOMAS 1. RIDGE Governor

NOMINATIONS LAID ON THE TABLE Senator SALVATORE. Mr. President, I request that the nominations just read by the Clerk be laid on the table.

LEGISLATIVE JOURNAL -

1996

The PRESIDENT. The nominatiom will be laid on the table.

UNFINISHED BUSINESS REPORTS FROM COMMITTEE Senator LOEPER from the Committee on Rules and Executive Nominations, reported the following bills:

sa 6S2 (pr. No. 1909) (Amended) (Rereported) (Concurrence) An Act amending the act of July 28, 1953 (p. L. 723, No. 230), entitled, as amended, "Second Class Comly Code," providing for the collection of taxes on real property from rent payable by tenants~ further providing for the collection of tax and mmicipal claims by suit and for the interest rate on contributions when a person is separated from service; providing for the purchase of credit for service immediately following original employment; further providing for eligibility for retirement allowances and for requirements for credit for previous service; providing for clerk of cowts fees and for deputy fU'C marshals; and making repeals.

sa 808 (pr. No. 1802) (Rereported) (Concurrence) An Act amending the act of December 22, 1983 (p. L. 306, No. 84), entitled "Board of Vehicles Act," further providing for defmitions, for composition and powers of board, for licensing, for franchises and for administration.

RESOLUTIONS REPORTED FROM COMMITTEE Senator LOEPER from the Committee on Rules and Executive Nominations, reported the following resolutions: SR 11S (pr. No. 1899) A Resolution memorializing the Governor to proclaim April 14 through 21, 1996, as "Days of Remembrance of the Victims of the Holocaust" and to promote Holocaust education in Commonwealth schools.

HCR 311 (pr. No. 3291) A Concurrent Resolution honoring Loretta Claiborne on her induction into the Pennsylvania Special Olympics Hall of Fame on March 21, 1996.

The PRESIDENT. The resolutions will be placed on the Calendar.

CONGRATULATORY RESOLUTIONS The PRESIDENT laid before the Senate the following resolutions, which were read, considered and adopted: Congratulations of the Senate were extended to the Lehigh Valley Syrian Arab American Cultural Association by Senator Afflerbach. Congratulations of the Senate were extended to Mr. and Mrs. Chester Pogorzelski, Mr. and Mrs. William Allen, Mr. and Mrs. Sanmel Young and to Brendan Robert Davis by Senator Armstrong. Congratulations of the Senate were extended to Mr. and Mrs. Joseph Ellixson, Dr. Alan W. Kapczynski, Thomas W. Clardy and to the Howard Paul Saks AMVETS Post No. 118 of Morton by Senator Bell.

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Congratulations of the Senate were extended to Dr. Robert M. Kline by Senator Brightbill. Congratulations of the Senate were extended to Scott A. Brofee, Greenwood High School Boys Basketball Team of Millerstown and to the Walker Township Fire Company of Howard by Senator Connan. Congratulations of the Senate were extended to Mr. and Mrs. Robert H. Graybill, Patrick Hinds, Richard Trout and to James Beveridge by Senator Delp. Congratulations of the Senate were extended to Kendra Kelly and to the Bethel Park High School Boys' Swim Team by Senator Fisher. Congratulations of the Senate were extended to Timothy Simpson and to John McNesby by Senator Furno. Congmtulations of the Senate were extended to Sandy Graffius and to Ardath H. Rodale by Senator Gerlach. Congratulations of the Senate were extended to John Bolmarcich and to Ann Sopko Bryers by Senator Greenleaf. Congratulations of the Senate were extended to Mary Maloney Cronin, Shaler Area Varsity and Junior Varsity Cheerleaders, of PiU$burgh and to the Township of Pine of Wexford by Senator Hart. Congratulations of the Senate were extended to James Lyons Magill, Andrew Geotge Knmse and to Joseph M RtJJmey by Senator Heckler. Congratulations of the Senate were extended to Mr. and Mrs. Paul H. Dreese, Mr. and Mrs. James B. Snyder, Mr. and Mrs. Clair Brosious, Mr. and Mrs. Edwald L. Clevemtine, MI: and Mrs. Stanley Kalejta, Mr. and Mrs. Frank 1. LaCrosse, David Homberger and to Curt Reid by Senator Helfrick. Congratulations of the Senate were extended to Mr. and Mrs. James G. walsh, Dr. Davis Giersch, Daniel L. Onori and to the Northern Montgomery County Drug and Alcohol Task Force by Senator Holt Congratulations of the Senate were extended to Reverend Dr. Albert Franklin Campbell by Senator Hughes. Congratulations of the Senate were extended to the C. H. Miller Hardware Company, Incorporated, by Senator JubelireI Congratulations of the Senate were extended to the Conemaugh Township Pee-Wee and High School Varsity Cheerleaders by Senator Kasunic. Congratulations of the Senate were extended to Mr. and Mrs. Merle Jay Pope, Mr. and Mrs. Milton Whiting, Adam Harvey and to Steven A. Herzog by Senator Lemmond. Congratulations of the Senate were extended to Mr. and Mrs. George McClay and to Concetta Zucca LaThtza by Senator Loeper. Congratulations of the Senate were extended to Mr. and Mrs. Donald Hicks, Mr. and Mrs. Warren Millet; Mr. and Mrs. Elwood G. Ellis and to Matthew Stephen Given by Senator Madigan. Congratulations of the Senate were extended to Mr. and Mrs. Robert Jayne, Sr., Dr. Michael J. Gallagher, Raymond S. Angeli and to Eldore Sebastianelli by Senator Mellow. Congmtulations of the Senate were extended to the Dupont Athletic Association, Inc., by Senators Mellow and Musto.

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Congratulations of the Senate were extended to Michael Letnaunchyn, Brian Burket, James Robert Massey, Robert C. Shultz III, Dorothy Shreffler, Katherine Quigley and to the Lemoyne High School Class of 1946 by Senator Mowery. Congratulations of the Senate were extended to Mr. and Mrs. Charles A. Adonizio, Jr., Sylvia Parantelli Marchetti, Chris Coqmn, Stella Duda, Fred Wtlliams and to Andrew B. Costello by Senator Musto. Congratulations of the Senate were extended to Parents Without Partners, Inc. Chapter 961 by Senators Musto, Lemmond, and Mellow. Congratulatiom of the Senate were extended to Mary Louise Kuhlman, Berks County State Health Center and Berks County Career Technology Center's Automotive Technology Program by Senator O'Pake. Congratulations of the Senate were extended to J. Michael Mitchell, Christopher W. Oliver and to Daniel Close by Senator Peterson. Congratulations of the Senate were extended to the Soroptimist International of Harrisburg, Inc., by Senator Piccola. Congratulations of the Senate were extended to Fliglt Systems, Inc., of Lewisberry by Senators Piccola and Mowery. Congratulations of the Senate were extended to Mr. and Mrs. Michael Maruska, Sr., Mr. and Mrs. William M. Bmening, Mr. and Mrs. Charles Swjantek, Mr. and Mrs. Joseph A. Elder, Mr. and Mrs. Stephen Butalla and to Janet L. Fnmicola by Senator Porterfield. Congratulations of the Senate were extended to Mr. and Mrs. Edwin Benner and to Mr. and Mrs. Lauren Myers, Sr., by Senator Punt. Congratulations of the Senate were extended to Mr. and Mrs. Terry Lee Stine, Mr. and Mrs. Walter Mannas, Mr. and Mrs. Joseph C. Kamish and to Anna Marie Weber by Senator Rhoades. Congratulations of the Senate were extended to Clayton Wayne Amsler, Edward C. Kline III, Kevin James Hogue, Helen Winnifred Hogan, Dan Connolly, Kyle Astor, Christopher S. Birgy and to Aaron M. Brown by Senator Robbins. Congiatulations of the Senate were extended to Mr. and Mrs. Joseph Kusen, Joseph Brock, Sr., George 1. Biles and to the International German-AnErican Police Association of Philadelphia by Senator Salvatore. Congratulations of the Senate were extended to Wesley Thunnond, Concerned Neigli)ors of Greater Gennantown and to the Cheltenham Square K.I.D.S. 4 KIDS by Senator Schwartz. Congratulations of the Senate were extended to Mr. and Mrs. Clinton Beck, Mr. and Mrs. LOyal Westennan, Mr. and Mrs. Mark B. Maharg, Mr. and Mrs. Eugene C. Simpson, Sr., and to Mr. and Mrs. David J. Kellog by Senator ShatTer. Congratulations of the Senate were extended to Mr. and Mrs. Floyd Beveridge, Mr. and Mrs. Walter A. Carney, Mr. and Mrs. Nonnan L. Dick, Mr. and Mrs. Samuel C. Gaul, Mr. and Mrs. Donald Hofecker and to Mr. and Mrs. Robert Carpen by Senator Stapleton. Congratulations of the Senate were extended to Muriel Trimeloni by Senator Stewart.

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APRIL 9,

Congratulations of the Senate were extended to Mr. and Mrs. George Radic and to Mr. and Mrs. Joseph Trozzo by Senator Stout. Congratulations of the Senate were extended to Adam Kyle Ziegler and to the West Chester Chapter of the American Association of Retired Persons by Senator Thompson. Congratulations of the Senate were extended to Reverend and Mrs. Charles Mudie by Senator Tomlinson. Congratulations of the Senate were extended to Mr. and Mrs. George 1. Wright by Senator Uliana. Congmtulations of the Senate were extended to Jonas Beiler by Senator Wenger. Congratulations of the Senate were extended to William J. LaBarr by Senator Williams.

BILLS ON FIRST CONSIDERATION Senator mOMPSON. Mr. President, I tmVe that the Senate do now proceed to consideration of all bills reported from committees for the first time at today's Session. The motion was agreed to. The bills were as follows: S8 1462, SB 1480, SB 1481, SB 1482, SB 1483, SB 1484, SB 1485, S8 1486, S8 1487, SB 1495, SB 1496, DB 1334 and HB 1431.

rust

And said bills having been considered for the time, Ordered, To be printed on the Calendar for second consideration.

LEGISLATIVE LEAVE The PRESIDENT. The Chair recognizes the gentleman from Erie, Senator Andrezeski. Senator ANDRFZESKI. Mr. President, I ask that Senator Bodack be placed on temporary Capitol leave. The PRESIDENT. Without objection, that leave is granted.

PETITIONS AND REMONSTRANCES The PRESIDENT. The Chair recognizes the gentleman from Erie, Senator Andrezeski. Senator ANDREZESKI. Mr. President, on today's Calendar, specifically on page 6, is a discharge resolution on its ninth day which will call for a vote on its lOth day. This discharge resolution concerm an act establishing a fixed mininnun wage for people in Pennsylvania. The Senate, in considering the discharge resolution on Senate Bill No. 845, would allow this bill to come out of the Senate Connnittee on Labor and Indusby. This bill will increase the mininmm wage in Pennsylvania. What this proposal eIK:ompasses is an iD::rease of the mininmm wage from $4.25 to $5.05 this year, $5.65 next year, and eventually to a fonnulization of one-fortieth of 50 percent of the statewide average weekly wage. Mr. President, one might ask, what would be the importance of simply raising the mininnun wage in Pennsylvania? Is it our duty to raise the mininnun wage in Pennsylvania? Well, if we were talking about the years after World War II, I think the answer would be no. But since that time, in fact since 1947

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when we started looking at wage rates and wage rates within classes and income rates, we found some interesting results. First of all, for about 25 or 30 years wage rates all went up at about the same amount. Those who were at the top end of the wage scale increased about as much as those at the bottom. But what we have now in Pennsylvania and across America, but especially in Pennsylvania, is income disparity, and this income disparity is a true obstacle to economic justice. I have no problem with our demanding responsibility and accountability from those in the work force. from those who belong to unions, from those who are beneficiaries of our social programs. What I have a problem with is asking an entire group of people, those who work at poverty level, to work hard, be dependable, go without benefits, and never receive fair compensation for their labor. I find it difficult to believe, Mr. President, but working class men and women, including those with some college education, logged wage decreases from II percent to 29 peR:ent between 1979 and 1994. These decreases were only partially offset by an increase in women's wages. Overall, family incomes are falling. Even with over 55 percent of women with children under 2 in the work fon:e, families spent 46.1 pen:ent of their total income on housing, utilities, and health care in 1993, which is up from 33.3 percent in 1973. But when we look at those who work at minimum wage jobs, they can spend up to 70 percent of their income just on housing alone. And the American dream is even further away for most new families. Housing prices increased by 330 percent from 1973 to 1993, which caused a drop in first-time home purchases of 8.7 percent in the 25-year-old to 29-year-old age group. Mr. President, of the 20 million new jobs created between 1983 and 1993, most were either very highly paid or very lowly paid. There were very, very few jobs in the middle. Sixty pen:ent of the 21 million workers who replaced retiring or quitting employees earned in the bottom half of the pay sc3Ie. These trends towards cutting wages in the middle and lower income groups, while allowing the cost of living to continue rising, have resulted in a situation where the top fifth of the country's income rose 28 pen:ent between 1977 and 1992, as compared to or contrasted with the bottom fifth, which lost 17 percent of their income in that same period. The middle class showed virtually no change in· dollar amounts over the 15 years, but purchasing power has eroded. In 1979, if you made $4.25 an hour, it would be worth 27 percent less today. This would be the lowest real value of a dollar amount in 40 years. Meanwhile, the top I percent of wage earners gained 91 pen:ent in income and got to control 42 peR:ent of the household assets and 50 peR:ent of the financial assets in the United States. This top-heavy picture is the most Wlbalanced distribution of wealth in the United States in 63 years. In other words, any progress the middle class, any progress people who are below middle class have made since the 1930s has been reversed since 1980. The median income in America, which in 1979 was $25,896 per year, fell by 4.6 percent to $24,700 per year by 1995. Yet productivity, prices, stock values, and other economic indicators are up.

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Now, President Clinton called our economy the healthiest it has been in three decades in his State of the Union speech this year. It would be comforting if, and I quote from his same speech, "...wages did reflect the value of what people produce." But a 3.1-peR:ent growth in output per hour between March of 1994 and Match of 1995 was met with a 2.3-percent decrease in wages and salaries. Incomes at the low, middle, and high ends of the scale are no longer rising in relative synchrony. Rather, only the top 40 percent of earners enjoyed any gains in the period between 1973 and 1993. Twenty years ago, chief executive officers earned about 40 times the amount their employees did Now that multiplier is 190 times, with chief executive compensation averaging $3.7 million per year. CEOs, these chief executive officers, saw a 23-percent average gain in their earnings last year. Now, for some it might be convenient to blame the government for the disparity in incomes. The government's share of America's wealth has remained largely stable at 31.1 percent in 1973 and 30.9 peR:ent in 1993. This peR:entage includes all Federal, State, and local taxes. The fact that the top 5 peR:ent of Americans control, 20 percent of the country's income and the top 20 percent of households now receive almost half the nation's wealth leads some economists to conclude that the tax structure must be changed. It may be time for government to impose some rationale on the unbricDed greed at the top quiDtile. It is high time, and I repeat, it is high time to reverse this disastrous trend that pulls resources out of the hands of consumers and working families and puts them in the hands of those who accumulate more than they can ever use. The average hourly wage here in Pennsylvania was only $6.35 in 1994. Eight hundred and seventy-five thousand Pennsylvanians earned at or below this level, and let us not forget the approximately 182,000 who are at or below $4.25 an how: Pennsylvania has the highest peR:entage of workers at or below minimum wage in the northeastern States. Only one-fourth of minimum-wage workers are teenagers. The rest are adults who have to support families. The rest are adults who are single parents who have to support children. The fact that two-thinls of the minimum wage workers are part-time reflects more on the unavailability of full-time employment or the reluctance of employers to hire full-time. I believe it reflects more on that than on any unwillingness of people in Pennsylvania to work. We have a chance to vote on a dischaIge resolution that will provide some relief, some economic justice, to hundreds of thousands of people in Pennsylvania. We have two choices. One, we can raise wages to provide some economic access and relief for people in Pennsylvania, or we can sit here and tty to change the tax structure, perhaps tJy to grant more credits to low-income families in order that they might have some better means to live in Pennsylvania. I think we could do more by acting on our discharge resolution tomorrow and allowing the minimum wage bill to be passed in Pennsylvania In conclusion, Mr. President, various times in my working career I have had to work for minimum wage. It is real tough to make it if you work for minimum wage. It is real hard to say you are going to have pride and dignity when you do not

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have enough food, when you do not have enough to make the rent. 1bank you, Mr. President. The PRESIDENT. The Chair recognizes the gentleman from Allegheny, Senator Belan. Senator BELAN. Mr. President, last month a serious and tragic incident occurred in Westmoreland County which highlights a problem that cries out for legislative attention Late last month a woman was reportedly raped by a meter reader who was employed by a Michigan-based firm called Bermex. This firm was under the contract for meter reading services with Peoples Gas. This individual who was performing in-home visits was given this sensitive customer service responsibility without an appropriate background or criminal history check being completed by the contractor. Although this background check was required as part of the Bermex contract with Peoples, the utility did not require Bermex to supply any proof that these checks were actually completed. Thus, the individual who was accused of the rape had a long criminal history and was, in fact, awaiting trial in Westmoreland County on a drog charge. Mr. President, this alleged attack simply did not have to happen. Several policy decisions helped contribute to the creation of the enviromnent that led to the alleged attack. First, it is my opinion that the Public Utility Commission erred when it voted 3 to 2 to allow utilities to enter into these kinds of co.-mcts for sensitive. in-home customer relations activities. In addition, Peoples Gas Company should have known something as serious as this attack could have occurred if it had taken heed to the ample warnings which were included in a 1994 PUC report. This report focused on Bermex activities in previous contracts with both Peoples and Equitable Gas Companies. In this report the PUC specifically admonishes Peoples Gas that it should closely monitor the activities of Bermex. The PUC report also indicated that there were documented instances of rudeness. profanity. and a self-reporting complaint procedure that begged of indifference and contempt. This pr0cedure did not require Bermex to forward complaints that it received about its employees to Peoples Gas. Thus, the company had Iitde or no oversight of this contractor in the performance of this vital customer service function. The report also illustrated, Mr. President. that Bermex had instituted a customer response policy of putting the customer ofT in a nice way. That should have raised in Peoples' mind serious doubts about the company and its ability to handle sensitive. in-home customer service. Despite these warnings. Peoples Gas nevertheless entered into a more comprehensive customer service contract with, as I understand it. litde or no additional contractual consumer protection or customer quality assurance guidelines. This is frightening and it is sad. Mr. President, I do not support regulated utilities contracting out invasive customer service functions. I believe that for the purposes of safety that, simply. they should have direct control over the activities of the individuals who are allowed into the home. I can think of no other vocation that requires so much access with so litde oversight. This includes the police. who must secure a search warrant to enter into a home. 1bey are not allowed access without strict safety controls. Neither

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should contracted utility employees be. without specific guarantees. The quickest and easiest solution is for the PUC to right its earlier wrong and change its position and require sensitive customer service functions to be done in-house. But, Mr. President, if the PUC does not change its position, there should, at the very least, be tough customer protection requirements which contractors must meet in order to perfonn these customer service functions. Mr. President, that is why I have offered legislation today to put in place these kinds of essential safeguards. The bill that I introduced today would require that the contractors produce documents that indicate that they have completed criminal history checks, pre-employment drug tests, and psychological exams that expose extreme behavior. Mr. President, my legislation also requires that contractors provide uniforms. vehicles. and proper identification when their employees are on duty. This bill also calls for the utility to get involved more and monitor the activities of its contractors and provide a phone I1UJdler which can help consumers identify and verifY employees of the contractors. Mr. President, the attack in Westmoreland County did not have to happen, and it should not be allowed to happen again. We need to put into place stringent consumer safeguards that forces the utilities themselves to insure the protection of their customers. As I said, Mr. President, I would hope that in light of this reported attack that utilities are in fact taking a second look at the practice of contJacting sensitive customer services. I would applaud them all if they put their customers at ease and brought these kinds of services back in-house. However. Mr. President, if they decide that the risk and loss of control are something that they are willing to accept, then we need to force them to provide the kinds of safeguards that will prevent the type of attack that allegedly occurred in Westmoreland County from happening again. Mr. President, in closing, I would like to thank the gentleman from Delaware. Senator Clarence Bell, who has been vety interested in addressing this problem and issue. With his guidance and help we can put into place the kind of assurances which will protect our consumer and keep the policy in mind: my home is my castle and you do not enter until I invite you. Thank you. Mr. President. The PRESIDENT. The Chair recognizes the gentleman from Delaware. Senator Loeper. Senator LOEPER. Mr. President, I would just like to briefly respond to the rust speaker tonight, the gentleman from Erie, Senator Andrezeski. relative to any action that may be taken here on the Senate floor relevant to a dischaIge resolution dealing with the issue of minimum wage. I think. Mr. President, that we have heard some of the discussion from the gendeman and his particular view as far as the impact that discharge resolution may have. However, Mr. President, I think it is important that we really take a look at the far-reaching impact that this proposal could have on the people of Pennsylvania, and I think that we have an obligation to discuss it in depth and to make a decision as far as that issue is concerned.

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First, Mr. President, I think it is important that we really get one thing straight, and that is the proponents of raising the mininuun wage in Pennsylvania often compare our base wage to that of our other surrounding States. I think that, however, once they do that, they do not take the time to compare our business taxes and our workers' compensation insurance costs with those of the States that me contiguous to us, and I believe that it distorts the picture because you must factor these costs in because they are also costs of doing business here, high costs, Mr. President. I think if you talk to many of the people who create jobs, they will tell you, for example, their business compensation costs, workers' compensation costs in the surrounding States of New Jersey, Delawme, and Maryland combined are less than what their one premium cost is to do business in the State of Pennsylvania. I think that businesses in Pennsylvania constantly pay more in taxes and more for workers' compensation insurance than the businesses in our neighboring States do. I think that until we bring these costs down, we cannot even consider passing another expensive mandate, once again, onto the businesses, the people who create the jobs in Pennsylvania. I think that Pennsylvania businesses consistently pay more, and I think what we are trying to do is to work toward the goal of reducing their costs in order that we can create a climate for more job creation. I think that once some of these goals me met, we as a legislature would be in a much better position to discuss changing the minimum wage at that point, when Pennsylvania is in a position to be much more competitive with its neighbors in order that we can create jobs rather than lose them to those States. I think that, in other words, raising the minimum wage may look like a good plan, but I think it would certainly make some legislators look good to the folkS who earn a minimum wage for the moment. That is maybe, Mr. President, until the boss at business X says he cannot afford to pay two employees at the new artificially mandated salary, and then he lets one worker go and eliminates one job. The new wage does not look so good anymore and then we have not really done anyone any favors. Mr. President, if a small business shuts down because it cannot afford to pay enough workers to keep running, well, then we have really contributed to hurting the economy of Pennsylvania, not improving it. We have also hurt those families and those individuals who have to be laid otT their jobs because the businesses cannot afford to have those jobs anymore. I think that we have to get one business otT the tax roUs, one entrepreneur in financial trouble and employees looking for new jobs in difficult economic times. So let us be rational about it. Let us look at the truth about raising the minimum wage. In particular, I think it is important that we take a look at three factors. That is, one, who pays the minimum wage? Who makes the minimum wage, and the impact that raising it would have on both parties? First of all, let us consider who pays the minimum wage and who earns it. Basically, small businesses with small profit margins, the fast food restaurants and similar establishments that employ our yoWlg people looking to earn some extra pocket money. What impact would raising the minimum wage have? I think, Mr. President, it

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would mean forcing these businesses to cut back on these employees and those employment opportunities. So unskilled workers and many young people would have fewer part-time job optiom and fewer opportunities to save for college educations that could help them move out of the lower wage job market. Mr. President, I think that we in this Chamber have miled on and on about how temble it is to pass extensive mandates on to the local governments, mandates on to our local school districts and businesses. we have talked endlessly about the need to create jobs and help sma1I businesses grow in Pennsylvama. And now we are talking about taIdng an action that would make all those words, Mr. President, meaningless. We would be passing a new, expensive mandate here in this Senate on to business and hurting our job creation efforts at the same time. Mr. President, in my view, it is totally a counterproductive idea. Mr. President, I think it is important to note that our nation's President has said, and our Governor has said it, now let us take the message to heart: 1be era of big government is over. Let us get our hands out of the pockets of business, mandate less, and encourage more growth, more development, more personal initiative. And most importantly, Mr. President, on behalf of small business owners, let us give people the leeway they need to be entrepreneurs, so that they can grow and create new job opportunities. The madtet will dictate what saIaJy workers me paid. Businesses that can affom to pay more will pay more. It is one of the bas~c principles of a free economy. Just look around and you will see that many small employers me a1ready paying eqJ10yee salaries wen above the minimum wage because they can affom to do it. We have to trust employers to make those decisions. If it comes down to this, it is better to have people starting out at a lower wage but working, not jobless. It is certainly better to have two or tbree businesses paying the current minimum wage. I think, Mr. President, that the case has been made that what we need to do in Penmylvania is to create more job opportunities and not less of them I think that now is the time, Mr.· President, to consider what options we have before us, what is best to move Penmylvania's economy fonvant that can create the opportunities to help our people in the long ron. Thank you, Mr. President. The PRESIDENT. The Chair teCOgnizes the gentleman from Philadelphia, Senator Hughes. Senator HUGHES. Mr. President, to follow up on this discussion that we me having with respect to minimum wage, the question was asked earlier, who are all of these folks at the low end of the wage scale? Who are they in Pennsylvania? What makes up that population of minimum wage wolkers or low wage workers? We did some research. 11le gentleman from Erie, Senator Andrezeski, mentioned that two-tbiIds of all minimum wage workers are adults, they. are heads of households. They are running families, trying to make ends meet. But we did some reseaJCh, Mr. President, and the State Department of Labor provided us with some infonnation on occupational wages for our State and we had it broken down into a number of various categories. Who is making what in this Commonwealth, Mr. President? I just wanted to try to put a

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face, if you will, on some of the folks we are talking about when we have this discussion about wages. I am going to go through a list here and I will do my best to be as quick as possible. The starting salary for the average fast food worker in this Commonwealth, Mr. President, is $9,271 a year. So every time you go into McDonald's, Bwger King or Hardee's or Boston Market, whatever place you want to go, Pizza Hut, someplace like that, when you see that person across from you as you place your order, that person is starting at $9,200 a year. Let us go through some other categories. A bread maker, a pastry maker, Mr. President, that individual is starting at $12,900, I will round it off to $13,000. A bus driver, his or her starting saIaJy is at $13,600 a year. The butcher, the meat cutter, when you get your meat or go to the butcher, that individual is starting at about $15,000 a year. Your carpet repair person, $11,000. Here is aoother high wage earner in the Commonwealth, Mr. President, the cashier. The average cashier whom we are dealing with when we do our business and make our transactions, that cashier is starting at $9,000, and the average salary for that cashier after that overwhelming starting salary is $12,000. Child care workers. Many of us are doing all right in this Pennsylvania Senate. We are doing okay. We just had a pay raise ourselves, and we are doing all right and we have children and we have grandchildren, and we put our children in day care and we ask people to be responsible for our children, to look after them on a daily basis, 6 hours, 8 hours a day. And you get aftercare, you know, where you have to work late and you need to go until 6 o'clock in the evening, well, that person, that child care worker, Mr. President, let me make sure I have it straight, child care worker, a day care monitor, $11,000 a year. That is what they start at. And the average salary across this Commonwealth is $12,700 a year. These are the people to whom we entrust the lives and safety, security, and the education of our young people. A sales clerk makes $9,600 a year. A fast food cook is making $9,111 a year starting salary. And we all know the gimmick, do we not? We are all pretty clear about what happens in many of these positions: a person gets that starting salary and they move along and just when they are about to get their benefits, when they make it out of that probationary period, gone. Do you ever wonder why there is so much turnover? Do you ever wonder why there is so much turnover when you go to McDonald's? You know that McDonald's right in the neighborhood, I have one in my district at 52nd and Mmket Streets. You know what I am talking about One of the highest traffic McDonald's, and I go there. Unfortunately, I have to eat that food regularly. My doctor says I should do better, but I stop at McDonald's and they change all the time, new people. Every couple of months there is a new person working there. Think about it. See, we have to put a face on these 3 million or so, 875,000 or so Pennsylvania citizens who are making less than $6.35 an hour because we have to make it real. We talked about the fast food worker. The kitchen helpers salary in Pennsylvania is $11,000 starting off. The guard or doorkeeper in Pennsylvania makes $11,590. The packager is making $12,500 a year. We

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APRa 9,

can go on and on, on and on. A machine presser makes $12,586 a year. You have to look at it and you have to be clear, there are faces in this discussion that we are talking about Mr. President, a sewing machine operator makes $9,733 starting salary, and the average salary in that category, Mr. President, is $13,000. A gas station attendant, they have a fancy name in the categories here, Mr. President, they call it service station attendant, that is that person who pumps gas. There are not too many of them left because it is all self-service and we all have to pump our own gas, but for those few individuals left in that profession, $9,735 a year is what they start at. A teachers aide makes $9,231 a year. Mr. President, a waitress or waiter makes $6,509 as a starting salary. Now, they get the benefit of having tips and all that, but their average salary is 57,200 a year. You know, Mr. President, there is a huge hypocrisy in which we live in this Commonwealth and across this country. 60 Minutes just last night did a feature story on the growing disparity in income. Our CEOs in this Commonwealth and across this countty of so many huge cotpOrations are bringing in millions and millions of dollars on their annual salary. The head of U.S. Healthcare just closed this major deal with Aetna, meIging U.S. Healthcare and the Aetna 1nsUJance CotpOration, and he is going to walk away with a billion dollars or so, believe that. The head of AT&T did something helpful to us because he decided that his layoffs were going to be half of what they were. Well, those 19,000 or so individuals who are still going to get downsized out of that operation, they are still going to be looking for work. I guess we should shoot them down to a hotel or motel maid or a room attendant. Yeah, they start otT at $10,000 a year. I guess that AT&T employee, that is where they will wind up. Mr. President, we have a responsibility in this Commonwealth. We must address this issue, and hopefully tomorrow we will get an opportunity to address this issue, but we have a responsibility of at least, if not voting for Senate Bill No. 1845 or voting for some measure, some measure that increases the wage of the people who work in this Commonwealth, we have at least the responsibility to have committee hearings and have discussion and public policy analysis of an exhaustive nature to deal with this issue. Just to sit idly by and let a bill or a concept sit in committee for over a year and have no discussion by the Majority Party in this Chamber is a crime, and to have nothing coming out of the front office, the Governor's Office, on this issue is a failure to address a significant public policy reality in this Commonwealth. I am for making sure that everybody has an opportwlity to bite at the big apple. We have to create economies in this Commonwealth that are about living wages. Living wages, yes. Slave wages, no. And right now, Mr. President, we are going down this path of perpetuating a slave wage economy in this Commonwealth, and we have a responsibility to do something about it. Yes, government has to step in. When the private sector chooses to turn away, government must step in. And unfortunately, Mr. President, the private sector has looked the other way when it comes down to the economic reality of the

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lion's share of the people in this Commonwealth. Hopefully, tomorrow we will take a step forward in addressing this issue. lbank you vel)' much. The PRESIDENT. The Chair recognizes the gedleman from Erie, Senator Andrezeski. Senator ANDREZESKI. Mr. President, when I fiot started all this debate, my topic was income disparity and that being an obstacle to economic justice. I respect the gentleman from Delaware, Senator Loeper, on the other side of the aisle talking about our responsibility across the boanf, and I think I have met that responsibility. I put up votes for business tax cuts. I think, in brief, what many of us on the Democratic side of the aisle are simply saying is that we do not feel a man and a woman should have to work four jobs to raise two kids, and more and more in Pennsylvania and across America we see that happening. We ask for support from all Members of this Chamber tomorrow when we address this issue. lbank you, Mr. President.

ANNOUNCEMENTS BY THE SECRETARY The following 8DIlOUR:emenls were read by the Secretmy of the Senate: SENATE OF PENNSYLVANIA COMMI1TEE MEETINGS WEDNESDAY. APRIL 10 1996

10:00 A.M.

JUDICIARY (public hearing and committee meeting to consider the nominations of Harry Schwartz, Esq., for Judge, Municipal Court of Philadelphia; Poris A. Pechkurow, Esq., Paul L. Jaffe. Esq.• and Benjamin Lerner. Esq.• for Judge, Court of Common Pleas, Philadelphia Co.; and Senate Bill No. 1466)

Room IE-B But Wing

10:30 AM.

COMMUNICATIONS AND HIGH TECHNOLOGY (to consider Senate Bill No. 923 and House Bill No. 1209)

Room 461 Main Capitol

10:45 A.M.

MILITARY AND VETERANS AFFAIRS (to consider House Bill No. 1922 and House Resolutions No. 309 and 310)

Rules Cmte. Conf. Rm.

WEDNESDAY. APRIL 24.1996

10:30 AM.

JUDICIARY (public hearing on House Bill No. 111)

Room IE-B East Wing

TIillRSDAY. APRIL 25. 1996

9:30 A.M.

CONSUMER PROTECTION AND PROFESSIONAL LICENSURE (public hearing on telecommunications deregulation - a progress report on implemen. tation of Chapter 30 of the Public Utility Code)

Room IE-B East Wing

11JESDAY. MAY 7, 1996

9:30 AM.

CONSUMER PROTECTION AND PROFESSIONAL LICENSURE (public hearing on the nomination

Room SE·B East Wing

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of John M. Quain. Eaquire, to the PA Public Utility Commiaion)

ADJOURNMENT Senator LOEPER. MJ: President, I move that the Senate do now adjourn until Wednesday, April 10, 1996, at 11 a.m., Eastern Daylight Saving Time. The motion was apeed to. The Senate adjourned at 6 p.m., Eastern Daylight Saving Time.