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COMMONWEALTH OF PENNSYLVANIA
Ilkgislatih.e JJllurnalMONDAY, JUNE 3,1996
SESSION.OF 1996 180TH OF THE GENERAL ASSEMBLY No. 34
SENATEMONDAY, June 3,1996
The Senate met at 2 p.m., Eastern Daylight Saving Time.
The PRESIDENT (Lieutenant Governor Mark S. Schweiker)in the Chair.
PRAYER
The Chaplain, Rabbi HOWARD COVE, of Temple Sinai,Dresher, offered the following prayer:
Father of all humanity, as we gather to perfonn the sacredtasks of government, we ask Your blessings upon the faithfulservants who have been chosen to speak for our State, answering the needs of our fellow citizens and who stand upon apedestal of power, privilege, and responsibility. Do Thou, ourgracious guardian, ever direct their deliberations, that theirvision and wisdom may make Pennsylvania a better State inwhich to live and thus strengthen the national foundations ofour beloved countIy.May we the citizens of Pennsylvania everbe reverent toward You, our loving God, loyal to our obligations as Americans, honorable in our dealings with our fellowcitizens, and compassionate to the unfortunate in our midst,and be as brothers and sisters to the oppressed, the persecuted,and the homeless everywhere.
You have taught us in Your psalms the Lord standeth in thecongregation of the godly. Inspire our representatives, inspireus to do the right in contradistinction to the opportunistic. Giveus insight to consider tomorrow as well as today. Grant us thelight to anticipate accurately the consequences of our decisions,and may we so conduct ourselves that future generations mayrise up and call us blessed. May we always reflect dignity ofour office, respect for our community, and honor for ourselvesas the duly elected representatives of Your people. Amen
The PRESIDENT. The Chair thanks Rabbi Cove, who is theguest today of Senator Greenleaf.
JOURNAL APPROVED
The PRESIDENT. A quorum of the Senate being present,the Clerk will read the Journal of the preceding Session ofMay 21, 1996.
The Clerk proceeded to read the Journal of the precedingSession, when, on motion of Senator LOEPER, further readingwas dispensed with and the Journal was approved.
COMMUNICATIONS FROM THE GOVERNOR
NOMINATIONS REFERRED TO COMMI1TEE
The PRESIDENT laid before the Senate the following communications in writing from His Excellency, the Governor ofthe Commonwealth, which were read as follows and referredto the Committee on Rules and Executive Nominations:
MEMBER OF TIlE STAlE BOARDOF OPTOMETRY
May 21, 1996
To the Honorable, the Senate of the Commonwealth ofPennsylvania:
In confonnity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, Jay B. Tanner, 0.0., 146Lelunan Avenue, Dallas 18612, Luzerne ColDlty, Twentieth SenatorialDistrict, for reappointment as a member of the Sfatc Boatd of OptmnetIy, to serve for a tenn of four years and until his successor is a~pointed and qualified, but not longer than six months beyond thatperiod.
THOMAS 1. RIDGEGovernor
MEMBER OF TIlE TIOGA COUNTYBOARD OF ASSISTANCE
May 21,1996
! To the Honorable, the Senate of the Commonwealth ofPennsylvania:
In confonnity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, Jean Gridley (Republican), 109Harvey S1reet, Westfield 16950, Tioga ColDlty, Twenty-1hird Senat0rial District, for appointment as a member of the Tioga County Boardof Assistance, to serve lDltil December 31, 1996, and lDltil her successor is appointed and qualified, vice BonitaK. Fousnought,Sabinsville, resigned.
THOMAS J. RIDGEGovernor
MEMBER OF TIlE ANIMAL REALlHAND DIAGNOSTIC COMMISSION
May 22, 1996
To the Honorable, the Senate of the Commonwealth ofPennsylvania:
1984 LEGISLATIVE JOURNAL - SENATE JUNE 3,
In confonnity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, c. Scott McNamara, R. D. #1,Meadville 16335, Crawford Comty, Fiftieth Senatorial District, forreappointment as a member of the Animal Health and DiagnosticCommission, to serve for a tenn of four years and mtil his successoris appointed and qualified, but not longer than six months beyond 1batperiod.
mOMAS 1. RlIXJEGovernor
MEMBER OF TIlE PENNSYLVANIAHUMAN RELATIONS COMMISSION
May 22, 1996
To the Honorable, the Senate of the Commonwealth ofPennsylvania:
In confomrity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, Sylvia A. Waters, 1141 TenyDrive, Oberlin 17113, Dauphin Comty, Fifteenth Senatorial District,for appointment as a member of the Pennsylvania Human RelationsCommission, to serve mtil FebruaIy 21, 2001, and until her successoris appointed and qualified, vice Aubra Gaston, Philadelphia, resigned.
mOMAS J. RlIXJEGovernor
MEMBER OF TIlE SCHUYLKILL COUNTYBOARD OF ASSISTANCE
May 22, 1996
To the Honorable, the Senate of the Commonwealth ofPennsylvania:
In confonnity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, Dr. Elaine Hoppes-Goroshko(Republican), 517 East Broad Street, Tamagua 18252, SchuylkillComty, Twenty-ninth Senatorial District, for appointment as a member of the Schuylkill Comty Board of Assistance, to serve mtil December 31, 1998, and mtil her successor is appointed and qualified,to add to complement
mOMAS 1. RlIXJEGovernor
DISlRICT JUSTICE
May 23,1996
To the Honorable, the Senate of the Commonwealth ofPennsylvania:
In confomrity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, Amy L. Nicols, R. D. 4, Box119B, Titusville 16354, Crawford Comty, Fiftieth Senatorial District,for appointment as District Justice, in and for the Comty of Crawford, Magisterial District 30-3-06, to serve mtil the flfSt Monday ofJanumy 1998, vice Ronald A. Cole, Sr., resigned.
mOMAS J. RlIXJEGovernor
MEMBER OF TIlE ENVIRONMENTALHEARING BOARD
May 29, 1996
To the Honorable, the Senate of the Commonwealth ofPennsylvania:
In confonnity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, Paula Vitz, 265 BrookviewDrive, Red Lion 17356, Yolk Comty, Twenty-eighth Senatorial Dismct, for appointment as a member of the Environmental HearingBoard, to serve for a term of six years or mtil her successor is appointed and qualified, vice Richanl S. Ehmann, Esquire, Pittsbmgh,resigned.
mOMAS J. RlIXJEGovernor
MEMBER OF THE STATE BOARD OF EXAMINERSOF NURSING HOME ADMINISlRATORS
May 29, 1996
To the Honorable, the Senate of the Commonwealth ofPennsylvania:
In confonnity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, Fritz Bittenbender, 234 BoasStreet, Harrisburg 17102, Dauphin Comty, Fifteenth Senatorial Dismct, for appointment as a member of the State Board of Examinersof Nmsing Home AdminisCmtoIS, to serve for a term of four years ormtilhis successor is appointed and qualified, but not longer than sixmonths beyond that period, vice Richard Cessar, Glenshaw, resigned.
mOMAS J. RlIXJEGovernor
DISlRICT JUSTICE
May 29, 1996
To the Honorable, the Senate of the Commonwealth ofPennsylvania:
In confonnity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, Elisabeth Baker, Box 69,Lehman 18627, Luzerne Comty, Twentieth Senatorial District, forappointment as Dis1rict Justice, in and for the Comty of Wyoming,Magisterial District 44-3-02, to serve mtil the flfSt Monday of January 1998, vice Marion J. Robinson, mandatory retirement
THOMAS J. RlIXJEGovernor
MEMBER. OF THE HEALlH POLICY BOARD
May 30, 1996
To the Honorable, the Senate of the Commonwealth ofPennsYlvania:
In confonnity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, Carl A. Sirio, MD., 50 QuailHill Road, Pittsburgh 15238, Allegheny Comty, Thirtieth SenatorialDistrict, for appointment as a member of the Health Policy Board, toserve for a term of thIee years and mtil his successor is appointedand qualified, vice Peter A. Cognetti, MD., Waverly, whose termexpired.
THOMAS J. RlIXJEGovernor
SECRETARY OF REALlH
May 30, 1996
To the Honorable, the Senate of the Commonwealth ofPennsylvania:
1996 LEGISLATIVE JOURNAL - SENATE 1985
In confonnity with Jaw, I have the honor hereby to nominate forthe advice and consent of the Senate, Daniel F. Hoffman. 65 Brownstone Drive, Hershey 17033. Dauphin County, Fifteenth SenatorialDistrict, for appointment as Secretary of Health, to serve until thethiId Tuesday of January 1999 and mtil his successor sball have beenappointed and qualified, vice Dr. Peter Jannetta, resigned.
THOMAS 1. RIDGEGovernor
MEMBER OF THE STATE HORSERACING COMMISSION
May 30,1996
To the Honora~le, the Senate of the Commonwealth ofPennsylvania:
In confonnity with Jaw. I have the honor hereby to nominate forthe advice and consent of the Senate, Paul D. Mills. 275 South Wilson Lane. York 17406. York County. Twenty-eighth Senatorial District, for reappoinlment as a member of the State Horse Racing Commission, to serve for a tenn of three years and until his successor isappointed and qualified. but not longer than six months beyond thatperiod.
THOMAS 1. RIDGEGovernor
MEMBER. OF THE STATE CIVILSERVICE COMMISSION
May 31,1996
To the Honorable, the Senate of the Commonwealth ofPennsylvania:
In confonnity with law, I have the honor hereby to nominate for1he advice and consent of 1he Senate, Charles 1. Lieberth, 917 HasJageAvenue, Pittsburgh 15212. Allegheny County. Fortieth SenatorialDistrict, for reappointment as a member of the State Civil ServiceCommission, to serve until April 9, 2002 or until his successor isappointed and qualified. but not longer than six months beyond thatperiod.
THOMAS 1. RIDGEGovernor
MEMBER OF THE STATE CONSERVATIONCOMMISSION
May 31,1996
To the Honorable. the Senate of the Commonwealth ofPennsyIvania:
In confonnity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, Kenneth M Rutt, 44 EdgefieldRoad, Quanyville 17566. Lancaster County. Thirteenth SenatorialDistrict, for appoinlment as a member of the State Conservation Commission. to serve until May 30,2000. and until his successor is appointed and qualified. but not longer than six months beyond thatperiod. vice David Shepler, Champion, whose tenn expired.
THOMAS 1. RIDGEGovernor
MEMBER OF THE BOARD OF GOVERNORS OFTHE STATE SYSTEM OF HIGHER. EDUCATION
. May 31, 1996
To the Honorable, the Senate of the Commonwealth ofPennsylvania:
In confonnity with Jaw. I have the honor hereby to nominate forthe advice and consent of the Senate, Christopher J. Cerski, 135 PineRm Road, WJ1kes...Bane 18702. Luzeme County, Fourteenth Seoabial District, for appointment as a member of the Board of Governorsof the State System of Higher Education, to serve until graduated orseparated from the University. vice Christopher M Makos,Stroudsburg, graduated.
THOMAS J. RIDGEGovernor
MEMBER OF THE BOARD OF GOVERNORS OFTHE STATE SYSTEM OF HIGHER. EDUCATION
May 31, 1996
To the Honorable. the Senate of the Commonwealth ofPennsylvania:
In confonnity with Jaw. I have the honor hereby to nominate forthe advice and consent of the Senate. Richani A. Fino, 33 NOI1h EarlStreet, Aparlment A. Shippensburg 17257, Cumberland County. Thirty-frrst Senatorial District, for appointment as a member ofthe Boardof Governors of the State System of Higher Education, to serve untilgraduated or separated from the University. vice Amy L. Martin,Elizabethtown, graduated.
THOMAS 1. RIDGEGovernor
MEMBER OF THE BOARD OF GOVERNORS OFTHE STATE SYSTEM OF HIGHER EDUCATION
May 31,1996
To the Honorable. the Senate of the Commonwealth ofPennsylvania:
In confonnity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, Andrew R Shoffue:r. 414 SouthWalnut Street, West Chester 19383. Chester Comty, Nineteenth Senatorial District, for appointment as a member of the Board of Governors of the State System of Higher Education, to serve mtil gmduatedor separated from the University, vice Elizabeth L. Schmid, WestChester, graduated.
THOMAS 1. RIDGEGovernor
RECALL COMMUNICATIONREFERRED TO COMMITTEE
The PRESIDENT laid befon: the Senate the following communication in writing from His Excellency, the Governor ofthe Commonwealth, which was n:ad as follows and referred tothe Committee on Rules and Executive Nominations:
1986 LEGISLATIVE JOURNAL - SENATE JUNE 3,
MEMBER. OF 1HE STATE BOARD OF VEHICLEMANUFACTURERS, DEALERS AND SALESPERSONS
May 31, 1996
To the Honorable, the Senate of the Commonwealth ofPennsylvania:
In accordance with the power and authoriW vested in me as Governor of the Commonwealth, I do hereby recall my nomination datedMay 10, 1996 for the reappointment of Clair E. Troy (Public Member), 106 West Main S1reet, P. O. Box 554, Elizabethville 17023,Dauphin County, Fifteenth Senatorial District, as a member of theState BoaJd of Vehicle Manufacturers, Dealers and Salespersons, toserve for a term of three years and until his successor is appointedand qualified, but not longer than six months beyond that period.
I respectfully request the return to me of the official message ofnomination on the premises.
THOMAS 1. RIDGEGovernor
RECALL COMMUNICATIONLAID ON THE TABLE
The PRESIDENT laid before the Senate the following communication in writing from His Excellency, the Governor ofthe Conunonwealth, which was read as follows and laid on thetable:
MEMBER OF 1HE BOARD OF lRUSTEES OFsoum MOUNTAIN RESTORATION CENTER
May 29, 1996
To the Honorable, the Senate of the Commonwealth ofPennsylvania:
In acconIance with the power and authority vested in me as Governor of the Commonwealth, I do hereby recall my nomination datedFebruary 27, 1996 for the reappoin1ment of Frederick A. Reddig, 108Parle Place West, Shippensburg 17257, Franklin County, Thirty-thirdSenatorial District, as a member of the Board of Trustees of SouthMOlmtain Restomtion Center, to serve wtil the third Tuesday of Janu8IY 1997, and until his successor is appointed and qualified.
I respectfully request the return to me of the official message ofnomination on the premises.
THOMAS 1. RIDGEGovernor
CORRECTIONS TO NOMINATIONSREFERRED TO COMMITTEE
The PRESIDENT laid before the Senate the following communications in writing from His Excellency, the Governor ofthe Commonwealth, which were read as follows and referredto the Committee on Rules and Executive Nominations:
MEMBER OF 1HE BOARD OF lRUSTEES OFSCOlLAND SCHOOL FOR VETERANS' CHILDREN
May 21,1996
To the Honorable, the Senate of the Commonwealth ofPennsylvania:
Please note the nomination dated May 10, 1996 for the appointment of John E. McAllister, 45 Hellam Drive, Mechanicsbmg 17055,
Cumberland Cowty, Thirty-frrst Senatorial District, as a member ofthe Board of Trustees of Scotland School for Veterans' Children, toserve wtil the thiId Tuesday of Janumy 2001, and wtil his successoris appointed and qualified, vice Lloyd Trinklein, Shippensburg, whoseterm expired, should be corrected to read:
John E. McAllister, 45 Hellam Drive, Mechanicsburg 17055,Cumberland County, Thirty-third Senatorial District, as a member ofthe Board bf Trustees of Scotland School for Veterans' Children, toserve wtilthe thiId Tuesday of Janumy 2001, and wtil his successoris appointed and qualified, vice Lloyd Trinklein, Shippensbutg, whoseterm expired.
MEMBER OF 1HE REALlH POLICY BOARD
May 31, 1996
To the Honorable, the Senate of the Commonwealth ofPennsyIvania:
Please note the nomination dated May 30, 1996 for the appointment of Carl A. Sirio, M.D., 50 Quail Hill Road, Pittsburgh 15238,Allegheny Cowty, Thirtieth Senatorial District, as a. member of theHealth Policy Board, to serve for a term of three years and wtil hissuccessor is appointed and qualified, vice Peter A. Cognetti, MD.,Waverly, whose tenn expired, should be corrected to read:
Carl A. Sirio, MD., 50 Quail Hill Road, Pittsburgh 15238, Allegheny County, Thirty-eighth Senatorial District, as a member of theHealth Policy Board, to serve for a term of three years and until hissuccessor is appointed and qualified, vice Peter A. Cognetti, M.D.,Waverly, whose tenn expired.
HOUSE MESSAGES
SENATE BILLS RETURNED WITH AMENDMENTS
The Clerk of the House of Representatives returned to theSenate SB 284 and SB 698, with the infonnation the Househas passed the same with amendments in which the concurrence of the Senate is requested.
The PRESIDENT. Pursuant to Senate Rule XI~ section 5,these bills will be referred to the Committee on Rules and Executive Nominations.
HOUSE CONCURS IN SENATE AMENDMENTSTO HOUSE AMENDMENTS TO SENATE
RESOLUTION
The Clerk of the House of Representatives informed theSenate that the House has concurred in amendments made bythe Senate to House amendments to SR 81.
HOUSE BILLS FOR CONCURRENCE
The Clerk of the House of Representatives presented to theSenate the following bills for concurrence, which were referredto the committees indicated:
May 23. 1996
DB 873 and DB 2442 - Committee on Agriculture and Ru-ral Affairs.
DB 974 and DB 2517 -- Committee on Judicimy.DB 1872 and DB 2470 - Committee on Local Government.DB 1954 - Committee on Consumer Protection and Profes-
sional Licensure.DB 2257 -- Committee on Law and Justice.
1996 LEGISLATIVE JOURNAL - SENATE 1987
DB 2344 -- Committee on Banking and Insurance.
May 31. 1996
DB 2536 - Committee on Banking and Insurance.DB 2586 -- Committee on Local Government.
BILLS INTRODUCED AND REFERRED
The PRESIDENT laid before the Senate the following Senate Bills numbered, entitled, and referred as follows, whichwere read by the Clerk:
May 22.1996
Senators PUNT, MOWERY, PETERSON, WENGER,CORMAN, HELFRICK, DELP, PORTERFIELD andBRIGHlBILL presented to the Chair SB 1558, entitled:
An Act amending Title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes, prohibiting the issuance of marriagelicenses to persons of the same sex; and invalidating same-sex marriages.
Which was committed to the Committee on JUDICIAR~
May 22, 1996.
Senators O'PAKE, STAPLETON, RHOADES, AFFLERBACH, BELAN, WENGER, TOMLINSON,ANDRFZESKI, MUSTO, GERLACH, lHOMPSON, TARTAGLIONE, KASUNIC and COSTA presented to the ChairSB 1559, entitled:
An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, further providing for arson and relatedoffenses.
Which was committed to the Committee on JUDICIARY,May 22, 1996.
May 23. 1996
Senators BRIGHlBILL, lHOMPSON, PORTERFIELD,HECKLER, AFFLERBACH, HART, GERLACH, TOMLINSON, KASUNIC, PETERSON, SALVATORE and WENGERpresented to the Chair SB 1560, entitled:
An Act amending Title 54 (Names) of the Pennsylvania Consolidated Statutes, providing further procedures prior to name changeorders.
Which was committed to the Committee on JUDICIARY,May 23, 1996.
May 24. 1996
Senators HART and ULIANA presented to the ChairSB 1561, entitled:
A Joint Resolution proposing an amendment to the Constitutionof the Commonwealth of Pennsylvania, providing for the recall ofSenators and Representatives.
Which was committed to the Committee on STATE GOVERNMENT, May 24, 1996.
Senators HART and ULIANA presented to the ChairSB 1562, entitled:
An Act amending the act of June 3, 1937 (p. L. 1333, No. 320),entitled "Pennsylvania Election Code," providing for the recall ofmembers of the General Assembly.
Which was committed to the Committee on STAlE GOVERNMENT, May 24, 1996.
Senators HART and ULIANA presented to the ChairSB 1563, entitled:
An Act amending the act of June 3, 1937 (p. L. 1333, No. 320),entitled "Pennsylvania Election Code," providing for the recall ofelected municipal officials.
Which was committed to the Committee on STATE GOVERNMENT, May 24, 1996.
Senators HART and ULIANA presented to the ChairSB 1564, entitled:
An Act amending the act of March 10, 1949 (p. L. 30, No. 14),entitled "Public School Code of 1949," providing for recall of schoolboard members.
Which was committed to the Committee on STAlE GOVERNMENT, May 24, 1996.
Senators MOWERY and BRIGHlBILL presented to theChair SB 1565, entitled:
A Joint Resolution proposing an amendment to the Constitutionof the Connnonwea1th of Pennsylvania, further providing for the Legislative Reapportionment Commission.
Which was committed to the Committee on STATE GOVERNMENT, May 24, 1996.
May 31. 1996
Senators GREENLEAF, BRIGHlBILL, PETERSON andSALVATORE presented to the Chair SB 1566, entitled:
An Act amending the act of July 9, 1976 (p. L. 817, No. 143),entitled "Mental Health Procedures Act," further providing for competency determination and burden of proof.
Which was committed to the Committee on JUDICIARY,May 31, 1996.
Senators PETERSON, ROBBINS, PORTERFIELD,STAPLETON, KASUNIC and WENGER presented to theChair SB 1567, entitled:
An Act amending the act of October 2I, 1988 (P. L. 1036, No.116), entitled "Hmdwoods Development Council Act," further providing for membership.
Which was conunitted to the Conunittee on COMMUNITYAND ECONOMIC DEVELOPMENT, May 31,1996.
Senators BRIGHTBILL, O'PAKE, AFFLERBACH,HELFRICK, PETERSON, MUSTO and HUGHES presentedto the Chair SB 1568, entitled:
An Act amending the act of October 20, 1966 (3rd Sp. Sess., P.L. 96, No.6), entitled "Mental Health and Mental Retardation Act of1966," further providing for powers of secretary to detennine liabilityand establish criteria.
Which was committed to the Committee on PUBLICHEALTH AND WELFARE, May 31,1996.
1988 LEGISLATIVE JOURNAL - SENATE JUNE 3,
Senators WAGNER, HART, PORTERFIELD, BELAN,KASUNIC, STAPLETON,O'PAKE, DELP and COSTA presented to the Chair SB 1569, entitled:
An Act amending Title 42 (JudiciaIy and Judicial Procedure) ofthe Pennsylvania Consolidated S1atutes, fin1her providing for registration of certain offenders.
Which was committed to the Committee on JUDICIARYMay 31, 1996. '
Senators WAGNER, HART, PORTERFIELD, BELAN,KASUNIC, STAPLETON, O'PAKE, DELP and COSTA presented to the Chair SB 1570, entitled:
An Act amending Title 42 (JudiciaIy and Judicial Procedure) of~ Pe:onsy~Consolidated Statutes, fw1her providing for registration of certain offenders.
Which was committed to the Committee on JUDICIARYMay 31, 1996. '
Senators WAGNER, RHOADES, AFFLERBACH, GERLACH, MELLOW, STAPLETON, BELAN and KASUNICpresented to the Chair SB 1571, entitled:
An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, providing for the issuance ofa Kids First registrationplate.
Which was committed to the Committee on TRANSPORTATION, May 31, 1996.
Senators FISHER, ROBBINS, GERLACH, PETERSON,KASUNIC, WENGER and STAPLETON presented to theChair SB 1571, entitled:
An Act amending the act of April 23, 1956 (1955 P. L. 1510, No.500), entitled, as amended, "Disease Prevention and Control Law of1955," further providing for mv testing.
Which was committed to the Committee on JUDICIARYMay 31, 1996. '
Senators FISHER., ROBBINS, GERLACH, PETERSON,KASUNIC, WENGER and STAPLETON presented to theChair SB 1573, entitled:
.An Act ~ending Title 18 (Crimes and Offenses) of the Pennsylvarna Consolidated Statutes, further providing for offenses by prisoners.
Which was committed to the Committee on JUDICIARYMay 31, 1996. '
Senators LOEPER, WENGER, CORMAN, HELFRICK,HART and LEMMOND presented to the Chair SO 1574, entitled:
An Act to provide fium the Genem1 FWld for the expenses of theExecutive, Legislative and Judicial Departments of the Commonwealth, the public debt and for the public schools for the fIscal yearJ:uly 1, 1996, to June 30, 1997, for certain institutions and organizations, and for the payment of bills incurred and remaining Wlpaid atth~ close of the fiscal year ending JWle 30, 1996~ to provide appropriations from the State Lottery Fund, the Energy Conservation andAssistance Fund, the Hazardous Material Response FWld, The StateStores Fund, the Milk Marlceting FWld, the Home Investment TrustFund, .the Emergency Medical Services Operating Fund, the BenFranklinIIRC Partnership Fund, the Tuition Payment FWld and theBanking Department Fund to the Executive Departmen~ to provide
appropriations from the Judicial Computer System AugmentationAccount to the Judicial Department; to provide appropriations fromthe Motor License Fund for the fiscal year July 1, 1996, to June 30,1997, for the proper opc:mtion of tbe several departments of the Commonwealth and the Pennsylvania State Police authorized to spendMotor License Fund moneys; to pt>vide for the appropriation of Federal fimds to the Executive and Judicial Departments of the Commonweal1h and for the establishment of restricted receipt accOlmts for thef~al y~ ~uly 1, 1~96, to June 30, 1997, and for the payment ofbills remammg unpaid at the close of the fISCal year ending June 301996. '
Which was committed to the Committee on APPROPRIATIONS, May 31, 1996.
RESOLUTION INTRODUCED AND REFERRED
The PRESIDENT laid before the Senate the following Senate Resolution numbered, entitled, and referred as follows,which was read by the Clerk:
May 22.1996
DIRECTING THE LEGISLATIVE BUDGET ANDFINANCE COMMITTEE TO CONDUCT AN AUDIT
OF THE OPERATION AND MANAGEMENTOF THE BUILDINGS AND GROUNDS OF THE
STATE FARM SHOW COMPLEX
Senators MADIGAN, STAPLE1ON, HELFRICK, O'PAKE,PUNT, STOUT, RHOADES, KASUNIC, PETERSON, MELLOW, SALVATORE, LAVALLE, GERLACH, AFFLERBACH and HART offered the following resolution(Senate Resolution No. 134), which was read and referred tothe Committee on Agriculture and Rural Affairs:
In the Senate, May 22, 1996
A RESOLUTION
Directing the Legislative Budget and Finance Committee to conductan audit of the operation and management of the buildings andgrounds of the State Fann Show Complex.
WHEREAS, More than 160 events are held mmually at the StateFann Show Complex; and
WHEREAS, These events serve to promote agricultural, commercial, charitable and scholastic programs and activities among manythousands of Pennsylvanians and out-of-State visitors; and
WHEREAS, Events held at the State Farm Show Complex generate substantial revenues and economic activity; and
WHEREAS, A comprehensive legislative review of the operationand management of the State Fann Show Complex has not recentlybeen conducted; and
WHEREAS, Such a review would be benefIcial for legislativeoversight, operational and administrative purposes; therefore be it
RESOLVED, That the Senate direct the Legislative Budget andFinance Committee to conduct an audit of the performance of theState Farm Products Show Commission and the Bureau of Farm Showin the DepaI1ment of Agricultme in operating and managing the StateFarm Show Complex; and be it further
RESOLVED, That the committee shall report to the Senate information which includes, but is not limited to:
(l) The nature and extent of utilization of the State Fann ShowComplex.
(2) A review and evaluation of the day-to-day operations of theState Farm Show Complex and the respective roles of the State FarmProducts Show Commission and the Bureau of Farm Show, including
1996 LEGISLATIVE JOURNAL - SENATE 1989
staffing, administration, fmancial affairs, scheduling, pUIChasing,contracting and other pertinent matters.
(3) An examination of fIscal affairs related to the State FannShow Complex, including:
(i) operating revenues, by source, and expenditures, by purpose;
(ii) the complex's annual profItIloss status, both overall andby individual event;
(iii) a review of 1he use of and need for 1he annual GeneralFund transfer to the State Fann Show Products Fund; and
(iv) 1he financial condition of 1he State Fann Products ShowFund.(4) Infonnation on 1he maintenance, physical condition and capi
tal improvement needs of the State Faun Show Complex.(5) Recommendations for any statutory, regulatory or admin
istrative changes that may be needed to improve the opemtion andmanagement of the State Faun Show Complex;and be it further
RESOLVED, That a copy of this resolution be inunediately~mitted to the Legislative Budget and Finance Committee; and be itfurther
RESOLVED, That 1he Legislative Budget and Finance Committeemake a report of its fmdings to the Senate within one year of thepassage of this resolution.
GENERAL COMMUNICATION
1995 SUMMER YOUTH SERVICECORPS ACTMTIES REPORT
The PRESIDENT laid before the Senate the following communication, which was read by the Clerk as follows:
COMMONWEALTH OF PENNSYLVANIADepar1ment of Labor and Industry
Harrisburg, Pennsylvania 17120
May 23,1996
Honorable Mmk R. CorriganSecretary of the SenateSenate Post OfficeHarrisburg, Pennsylvania 17120
Dear Mr. Corrigan:
I am proud to present you with a copy of the Department ofLabor and Industry's 1995 Summer Youth Service COIpS (SYSC)Activities Report. This document showcases selected SYSC projectscompleted by you1h across the Commonweal1h of Permsylvania. Theseprograms, funded under the Job Training Partnership Act, Title ll-BSummer Youth Employment and Training Program (SYETP), areadministered by local job training agencies. The SYSC encouragescommunity involvement in helping prepare youth to make the tIansition from school to work.
Permsylvania's SYSC program is considered to be the lead you1hcOlps program nationwide. It focuses on contextualleaming experiences that help prepare our youth for meaningful employment opportunities. SYSC cOlpsmembers and crewleaders experience a uniqueprogram that combines education and employment, builds participantconfIdence, teaches basic skills and teamwork principles, and benefits1heir communities. Almost 4,000 yoWlg people worked to improve theenvironment, expand recreational facilities, tutor elementary students,and construct homes for low-income families. While perfonning 1hesevaluable services cOIpmembers learned essential job skills, teamworkprinciples, and made positive contributions to their communities.
As we prepare to enter the 21 st centmy we must ensure that ouryoWlg people are provided with the skills needed for the complex anddemanding workplace challenges of 1he future. I am certain that upon
reviewing this report, you will agree that olD' youths' accomplishrnmtshave made Pennsylvania a better place to live.
Sincerely,
JOHNNY J. BUlLERSecretary
The PRESIDENT. This report will be filed in the Libnuy.
LEGISLATIVE LEAVES
The PRESIDENT. The Chair recognizes tOO gentleman fromLackawanna, Senator Mellow.
Senator MELLOW. Mr. President, I request legislativeleaves for Senator Andrezeski, Senator Hughes, and SenatorStout, and a temponuy Capitol leave for Senator Kasunic.
The PRESIDENT. Senator Mellow requests a temponuyCapitol leave for Senator Kasunic, and legislative leaves forSenator Andrezeski, Senator Hughes, and Senator Stout. Without objection, those leaves are granted.
LEAVES OF ABSENCE
Senator LOEPER asked and obtained leave of absence forSenator SALVATORE, for today's Session, for personal reasons.
Senator MELLOW asked and obtained leave of abseR:e forSenator Wll..LIAMS, for today's Session, for personal reasons.
SENATE CONCURRENT RESOLUTION
WEEKLY ADJOURNMENT
Senator LOEPER offered the following resolution, whichwas read as follows:
In the Senate, June 3, 1996
RESOLYED, (the House of Representatives concurring), Thatwhen 1he Senate a4joums this week it IeCODvene on Monday, Jtme 10.1996, unless sooner recalled by the President Pro Tempore of theSenate; and be it further
RESoLYED, That when the House of Representatives adjownsthis week it reconvene on Monday, June 10, 1996, unless sooner recalled by the Speaker of the House of Representatives.
On the question,Will the Senate adopt the resolution?
The yeas and nays were required by Senator LOEPER andwere as follows, viz:
YEAS-47
Afflerbach Gerlach Madigan ShafferAndrezeski Greenleaf Mellow StapletonAnnstrong Hart Mowery StewartBelan Heckler Musto StoutBell Helfrick O'Pake TartaglioneBodack Holl Peterson ThompsonBrightbill Hughes Piccola TIlghmanConnan Jubelirer Porterlield TomlinsonCosta Kasunic Punt UlianaDelp laValle Rhoades WagnerFisher Lemmond Robbins WengerFumo Loeper Schwartz
NAYS-o
1990 LEGISLATIVE JOURNAL - SENATE JUNE 3,
A rmgority of the Senatol'S having voted "aye," the questionwas detennined in the affinnative.
Orden:d, That the SecretaJy of the Senate present the sameto the House of Representatives for concurrence.
SPECIAL ORDER OF BUSINESSGUESTS OF SENATOR ROBERT D. ROBBINS
PRESENTED TO THE SENATE
The PRESIDENT. The Chair recognizes the gentleman fromMe~ Senator Robbins, for the pmpose of introducing someimportant guests.
Senator ROBBINS. Mr. President, I have a couple of gueststhis week. FiIst, I am pleased to introduce Carrie Anderson,who is serving as a guest Page this week. Carrie is a recentgraduate of Titusville High School and will be attending theHonol'S College at Indiana Univel'Sity of Pennsylvania in thefall. Carrie is the daughter of Mrs. Judy Lundberg of Titusville, and the great-granddaughter of Mrs. Mildred Merry.Please join me in welcoming Came to the Senate of Pennsylvania.
The PRESIDENT. Would our guest Page please rise so thatwe may acknowledge you.
(Applause.)Senator ROBBINS. Mr. President, I am pleased to introduce
to the Senate several special guests who are visiting us fromthe Republic of Lithuania.
Mr. President, the Pennsylvania National Guard, in co~unction with the United States Department of Defense, is beginning the fourth year of our military assistance program toLitlnwria The Lithuanian parliament and militaJy are about toprepare legislation which will implement laws and regulationsto develop and improve civil defense and emetgency operationprocedures in their countIy.
Mr. President, the three members of the Lithuanian CivilDefense MinistJy who are with us today, who will be preparingthis legislation, are visiting the Department of Military andVetemns Affairs this week, and this three-member delegationis here to visit the Pennsylvania General Assembly and becomefamiliar with the lawmaking procedures of our Commonwealthand mw Pennsylvania law establishes, regulates, operates, andmaintains the Pennsylvania Emergency Management Agency.
Mr. President, would you please join me in welcomingColonel Pulobs, Director of Civil Defense; Senior LieutenantJuodelis, Deputy Director for Legal Questions; Lieutenant Colonel Janavicius, Chiefof Civil Defense Department Administrative Section; and their interpreter, Inga Malisauskaite, andextend to them the Senate's usual warm welcome.
The PRESIDENT. Will Colonel Pulokas and our guestsplease rise so that the Senate may acknowledge you.
(Applause.)The PRESIDENT. Colonel, feel free to provide commen
tary.[English translation ofColonel Gediminas Pulokas:]Colonel PULOKAS. Dear President and the Senators sitting
right here, it is a great honor for the Colonel to speak to theaudience here on behalf of the Civil Defense Department of
Lithuania. The Colonel would like to thank you as the members of the governing body of Pennsylvania and citizens of theUnited States of America for the support to Lithuania whichthe United States has always been providing to that countly byat least not recognizing the occupation of the Soviets, and rightnow the United States is tJying to provide help and Lithuaniais tJying to become a NATO partner.
Today, for having the poSSIbility, the Colonel would like tothank you for help being provided to the Lithuanian militarypeople, especially through the military-to-military program.And this is actually not the only program providing help forthe Lithuanian people. There are a lot of prognuns woddng onenvironmental issues, medical issues, and so on and so forth.
The Colonel would also like to thank you for the help provided when otganizing the seminar last year in Litlmania. Theseminar was devoted to the issue of nuclear power plant safety.There were 26 countries taking part in the seminar, 5 differentinternational organizations. This year, through the Partnershipfor Peace Program, there is another seminar that will be organized in Lithuania. This will be a seminar on food protection.
The U.S. Government, and Pennsylvania in particular, provides Lithuanians with nice possibilities to visit this countIyand to share the experience with you. This partnership, whenLithuanians are coming to America, and vice versa, whenAmericans are coming back to Lithuania, makes this friendshipeven stronger. So they would like to thank you, they wouldlike to thank your countly for providing the help for Lithuania,a young countly that is striving for independence, for the membership in the European Union and also NATO, and hopefullyin the future this friendship with your country, and especiallywith the State of Pennsylvania, will just become stronger.
Thanks for your attention, thanks for your patience. Thankyou.
(Applause.)The PRESIDENT. Thank you, Colonel. We appreciate the
partnership and are honored to have you in Pennsylvania,where memories last a lifetime.
GUEST OF SENATOR CHARLES D.LEMMOND PRESENTED TO THE SENATE
The PRESIDENT. The Chair recognizes the gentleman fromLuzerne, Senator Lemmond.
Senator LEMMOND. Mr. President, up in thenortheast~mmost part of the Commonwealth is the fastestgrowing county of the Commonwealth, Pike County. Thechairperson of the county commissioners is with us today. Iwould like to present to you Commissioner Sally Thomson.Her husband, for the lawyers in the crowd, is the presidentjudge of the Court of Common Pleas of Pike County. She hassix young ladies, her children, who are active in every part ofthe community. I am delighted to welcome, in her own right,one of the outstanding women in govenunent today, Commissioner Sally Thomson.
The PRESIDENT. Would our distinguished guest please riseso the Senate may give you its usual warm welcome.
1996 LEGISLATIVE JOURNAL - SENATE 1991
(Applause.)
RECESS
1k PRESIDENT. 1k Chair recognizes the gentleman fromDelaw8Ie, Senator Loeper.
Senator LOEPER. Mr. President, at this time I ask for arecess of the Senate for the purpose of a Republican caucus tobegin immediately in the Majority Caucus Room, with an expectation of returning to the floor at approximately 4 p.rn.
1k PRESIDENT. For the purpose of a Republican caucus,and with the intention of returning at approximately 4 p.m., theSenate stands in recess.
AFTER RECESS
The PRESIDENT. The time of recess having expired, theSenate will come to order.
SPECIAL ORDER OF BUSINESSANNOUNCEMENT BY THE SECRETARY
The SECRETARY: Consent has been given for the Committee on Rules and Executive Nominations to meet duringteday's Session to consider Senate Bill No. 1371, House BillNo. 406, and certain nominations.
CALENDAR
BILL ON CONCURRENCE INHOUSE AMENDMENTS
BILL ON CONCURRENCE IN HOUSEAMENDMENTS OVER IN ORDER
SB 1172 -- Without objection, the bill was passed over inits order at the request of Senator LOEPER.
THIRD CONSIDERATION CALENDAR
PREFERRED APPROPRIATION BILLS ON THIRDCONSIDERATION AND FINAL PASSAGE
SB 1480 (pr. No. 1889) - The Senate proceeded to consideration of the bill, entitled:
An Act making an appropriation from the State Employees' Retirement F\Uld to provide for expenses of the State Employees' Retirement Board for the fiscal year July 1, 1996, to JlUle 30, 1997, and forthe payment of bills incmred and remaining Wlpaid at the close of thefiscal year ending JlUle 30, 1996.
Considered the third time and agreed to,
On the question,Shall the bill pass finally?
LEGISLATIVE LEAVES
The PRESIDENT. The Chair recognizes the gentleman fromCambria, Senator Stewart.
Senator STEWART. Mr. President, I request temponuyCapitol leaves for Senator Afflerbach and Senator Porterfield.
1k PRESIDENT. Witrout objection, trose .leaves are gnmted.
LEGISLATIVE LEAVE CANCELLED
The PRESIDENT. 1k legislative leave of Senator Stout iscancelled.
And the question recurring,Shall the bill pass fmally?
The yeas and nays were taken agreeably to the provisionsof the Constitution and were as follows, viz:
YEAS-47
Aftlerbach Gerlach Madigan ShafferAndrezeski Greenleaf Mellow StapletonAnnstrong Hart Mowery StewartBelan Heckler Musto StoutBell Helfrick O'Pake TartaglioneBodack Holl Petenon ThompsonBrightbill Hughes Piccola TdghmanCorman Jubelirer Portetiield TomlinsonCosta Kasunic Punt UlianaDelp LaValle Rhoades WagnerFisher Lemmond Robbins WengerFumo Loeper Schwartz
NAYS-o
A constitutional majority of all the Senators having voted"aye," the question was determined in the affirmative.
Ordered, That the SecretaJy of the Senate present said billto the House of Representatives for concurrence.
SB 1481 (pr. No. 1890) - 1k Senate proceeded to consideration of the bill, entitled:
An Act making an appropriation from the Public SchoolEmployees' Retirement Fund to provide for expenses of the PublicSchool Employees' Retirement Bomd for the fiscal year July 1, 1996,to JlUle 30, 1997, and for the payment of bills incmred and remaininglUlpaid at the close of the fiscal year ending June 30, 1996.
Considered the third time and agreed to,
On the question,Shall the bill pass fmally?
The yeas and nays were taken agreeably to the provisionsof the Constitution and were as follows, viz:
YEAS-47
Afflerbach Gerlach Madigan ShafferAndrezeski Greenleaf MeDow StapletonArmstrong Hart Mowery StewartBelan Heckler Musto StoutBell Helfrick O'Pake TartaglioneBodack Holl Peterson ThompsonBrightbill Hughes Piccola TIlghmanCorman Jubelirer Porterfield TomlinsonCosta Kasunic Punt UlianaDelp LaValle Rhoades WagnerFisher Lemmond Robbins WengerFurno Loeper Schwartz
NAYS-o
A constitutional majority of all the Senators having voted"aye," the question was determined in the affirmative.
1992 LEGISLATIVE JOURNAL - SENATE JUNE 3,
Ordered, That the SecretaJy of the Senate present said billto the House of Representatives for concurrence.
LEGISLATIVE LEAVE CANCELLED
The PRESIDENT. Senator Kasunic has returned to thefloor, and his temporary Capitol leave is cancelled.
THIRD CONSIDERATION CALENDAR RESUMED
PREFERRED APPROPRIATION BILLS ON lHIRDCONSIDERATION AND FINAL PASSAGE
SB 1482 (pro No. 1891) - The Senate proceeded to consideration of the bill, entitled:
An Act making appropriations from the Workmen's Compensation Adminis1ration Fund to the Department of Labor and Industryand the Department of Commerce to provide for the expenses ofadministering the Workers' Compensation Act, The PennsylvaniaOccupational Disease Act and the Office of Small Business Advocatefor the fiscal year July 1, 1996, to June 30, 1997, and for the paymentof bills incurred and remaining unpaid at the close of the ftscal yearending June 30, 1996.
Considered the third time and agreed to,
On the question,Shall the bill pass finally?
The yeas and nays were taken agreeably to the provisionsof the Constitution and were as follows, viz:
YEAS-47
AfIlerbach Gerlach Madigan ShafferAndrezeski Greenleaf Mellow StapletonArmstrong Hart Mowery StewartBelan Heckler Musto StoutBell Helfrick O'Pake TartaglioneBodack Holl Peterson ThompsonBrightbill Hughes Piccola TIlghmanConnan Jube1irer Porterfield TomlinsonCosta Kasunic Punt UlianaDelp laValle Rhoades WagnerFisher Lemmond Robbins WengerFumo Loeper Schwartz
NAYS-o
A constitutional majority of all the Senators having voted"aye," the question was determined in the affirmative.
Ordered, That the SecretaJy of the Senate present said billto the House of Representatives for concurrence.
SB 1483 (pro No. 1892) - The Senate proceeded to consideration of the bill, entitled:
An Act making appropriations from the Professional LicensureAugmentation Account and from restricted revenue accounts withinthe General Fund to the Department of State for use by the Bureau ofProfessional and Occupational Affairs in support of the professionallicensure boards assigned thereto.
Considered the third time and agreed to,
On the question,Shall the bill pass finally?
The yeas and nays were taken agreeably to the provisionsof the Constitution and were as follows, viz:
YEAS-47
Aftlerbach Gerlach Madigan ShafferAndrezeski Greenleaf Mellow StapletonArmstrong Hart Mowery StewartBelan Heckler Musto StoutBell Helfrick O'Pake TartaglioneBodack Holl Peterson ThompsonBrightbill Hughes Piccola TtlghmanCOJDlan Jubelirer Porterfield TomlinsonCosta Kasunic Punt UlianaDelp laValle Rhoades WagnerFisher Lemmond Robbins WengerFumo Loeper Schwartz
NAYS-o
A constitutional majority of all the Senators having voted"aye," the question was determined in the affirmative.
Ordered, That the SecretaJy of the Senate present said billto the House of Representatives for concurrence.
SB 1484 (pro No. 1893) - The Senate proceeded to consideration of the bill, entitled:
An Act making an appropriation to the Treasury Department outof the Fish Fund for payment of general obligation debt service.
Considered the third time and agreed to,
On the question,Shall the bill pass finally?
The yeas and nays were taken agreeably to the provisionsof the Constitution and were as follows, viz:
YEAS-47
Aftlerbach Gerlach Madigan ShafferAndrezeski Greenleaf Mellow StapletonArmstrong Hart Mowery StewartBelan Heckler Musto StoutBell Helfrick O'Pake TartaglioneBodack Holl Peterson ThompsonBrightbill Hughes Piccola TIlghmanCoJDlan Jubelirer Porterfield TomlinsonCosta Kasunic Punt UlianaDelp laValle Rhoades WagnerFisher Lemmond Robbins WengerFumo Loeper Schwartz
NAYS-o
A constitutional majority of all the Senators having voted"aye," the question was determined in the affirmative.
Ordered, That the Secretary of the Senate present said billto the House of Representatives for concurrence.
PREFERRED APPROPRIATION BILL REVERTEDTO PRIOR PRINTER'S NUMBER ON lHIRD
CONSIDERATION AND FINAL PASSAGE
SB 1485 (pro No. 2000) - The Senate proceeded to consideration of the bill, entitled:
1996 LEGISLATIVE JOURNAL·- SENATE 1993
An Act making appropriations from a restricted revenue accOlmtwithin the General Fund and from Federal augmentation fimds to thePennsylvania Public Utility Commission.
On the question,Will the Senate agree to the bill on third consideration?
The PRESIDENT. The Chair recognizes the gentleman fromDelaware, Senator Loeper.
Senator LOEPER.. Mr. President, on Senate Bill No. 1485,I move that the Senate revert to Prior Printer's No. 1894.
The motion was agreed to.
The PRESIDENT. The Senate has before it Senate Bill No.1485, Printer's No. 1894.
On the question,Will the Senate agree to the bill on third consideration?It was agreed to.
On the question,Shall the bill pass finally?
The yeas and nays were taken agreeably to the provisionsof the Constitution and were as follows, viz:
YEAS-47
Afflerbach Gerlach Madigan ShafferAndrezeski Greenleaf Mellow StapletonAnns1rong Hart Mowery StewartBelan Heckler Musto StoutBell Helfrick Q'Pake TartaglioneBodack Holl Peterson ThompsonBrightbill Hughes Piccola TIlghmanConnan Jubelirer Porterfield TomlinsonCosta Kasunic Punt UlianaDelp LaValle Rhoades WagnerFisher Lemmond Robbins WengerFurno Loeper Schwartz
NAYS-o
A constitutional majority of all the Senators having voted"aye," the question was determined in the affinnative.
Ordered, That the SecretaJy of the Senate present said billto the House of Representatives for concurrence.
PREFERRED APPROPRIATION BILL ON THIRDCONSIDERATION AND FINAL PASSAGE
5B 1487 (pr. No. 1896) - The Senate proceeded to consideration of the bill, entitled:
An Act making an appropriation from a restricted revenue accOlmt wi1hin the General Fund to the Office of Small Business Advocate in the Department of Commerce.
Considered the third time and agreed to,
On the question,Shall the bill pass finally?
The yeas and nays were taken agreeably to the provisionsof the Constitution and were as follows, viz:
YEAS-47
Afflerbach Gerlach Madigan ShafferAndrezeski Greenleaf Mellow StapletonAnns1rong Hart Mowery StewartBelan Heckler Musto StoutBell Helfrick O'P8ke TartaglioneBodack Holl Peterson ThompsonBrightbill Hughes Piccola TdgbmanCorman Jubelirer Porterfield TomlinsonCosta Kasunic Punt UlianaDelp LaValle Rhoades WagnerFisher Lemmond Robbins WengerFurno Loeper Schwartz
NAYS-o
A constitutional majority of all the Senators having voted"aye," the question was determined in the affirmative.
Ordered, That the Secretaty of the Senate present said billto the House of Representatives for concurrence.
BILL OVER IN ORDER.
DB 368 - Without objection, the bill was passed over in itsorder at the request of Senator LOEPER..
BILL ON THIRD CONSIDERATION AMENDED
DB 416 (pr. No. 2776) - The Senate proc=;ted to consideration of the bill, entitled:
An Act amending the act of June 19, 1931 (p.L.589, No.202),referred to as the Barbers' License Law, further providing for thesupervision of shops.
On the question,Will the Senate agree to the bill on third consideration?Senator LOEPER. offered the following amendment No.
A3277:
Amend Sec. 1 (Sec. 12), page 1, line 18, by inserting bracketsbefore and after "who has been a licensed barber for one year,"
Amend Sec. 1 (Sec. 12), page 2, lines 1 and 2, by inserting abracket before "no" in line 1 and after "student" in line 2
Amend Sec. 1 (Sec. 12), page 2, lines 2 and 3, by s1riking out"for each barber-teacher 9£ mCFRZ_ 1MO_ in the shop" and inserting:barber shops where students are supervised bv a manager-baIber thereshall be no more than one student per barber shop. In barber shopswhere students are supervised by a barber-teacher there shall be nomore than one student per barber-teacher
On the question,Will the Senate agree to the amendment?It was agreed to.Without objection, the bill, as amended, was passed over in
its order at the request of Senator LOEPER..
BILLS OVER IN ORDER.
SB 689, SB 701, DB 778 and DB 1130 -- Without objection, the bills were passed over in their order at the request ofSenator LOEPER.
BILL LAID ON THE TABLE
5B 1466 (pr. No. 1875) - The Senate proc=;ted to consideration of the bill, entitled:
1994 LEGISLATIVE JOURNAL - SENATE JUNE 3,
An Act IIIllending Trt1e 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, defining the offense of trademark counterfeiting; and providing penalties.
Upon motion of Senator LOEPER., and agreed to, the billwas laid on the table.
BU ON TIIIRD CONSIDERATIONAND FINAL PASSAGE
SB 1496 (Pr. No. 19(7) - The Senate proceeded to consideration of the bill, entitled:
An Act providing for the capital budget for the fiscal year 1996-1997.
Considered the third time and agreed to,
On the question,Shall the bill pass finally?
The yeas and nays were taken agreeably to the provisionsof the Constitution and were as follows, viz:
YEAS-47
Aftlerbach Gerlach Madigan ShafferAndrezeski Greenleaf Mellow StapletonArmstrong Hart Mowery StewartBolan Heckler Musto StoutBoll Helfiick O'Pake TartaglioneBodack Holl Peterson ThompsonBrightbill Hughes Piccola TIlghmanConnan Jubelirer Porterfield TomlinsonCosta Kuunic Punt UlianaDelp LaValle Rhoades WagnerFisher Lemmond Robbins WengerFurno Loeper Schwartz
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 billto the House of Representatives for concurrence.
BILL OVER IN ORDER
DB 1571 - Without objection, the bill was passed over inits order at the request of Senator LOEPER.
SECOND CONSIDERATION CALENDAR
Bll..LS REREPORTED FROM COMMITIEEAS AMENDED OVER IN ORDER
DB 8, SB 388 and SB 1397 -- Without objection, the billswere passed over in their order at the request of SenatorLOEPER.
Bll..LS OVER IN ORDER
SB 44, SB 165 and SB 239 -- Without objection, the billswere passed over in their order at the request of SenatorLOEPER.
BUS REREFERRED
SB 252 (pr. No. 259) - The Senate proceeded to consideration of the bill, entitled:
An Act amending the act of July 5, 1947 (p. L. 1217, No. 498),entitled "State Public School Building Authority Act," further providing for definitions, for purposes and general powers, for refundingbonds, for moneys of the authority, for competition in award ofcon1racts and for transfer of projects to school districts or other lesseesor sublessees; and making editorial changes.
Upon motion of Senator LOEPER., and agreed to, the billwas rereferred to the Committee on Appropriations.
SB 253 (pr. No. 2043) -- The Senate proceeded to consideration of the bill, entitled:
An Act amending the act of December 6, 1967 (p. L. 678, No.318), entitled, as amended, "The Pennsylvania Higher EducationalFacilities Au1hority Act of 1967," poviding for definitions; extendingthe act to cultural institutions; providing for powers, for bonds andrevenue anticipation notes, for the governing body and moneys of theauthority and for con1ract awards; and making editorial changes.
Upon motion of Senator LOEPER, and agreed to, the billwas rereferred to the Committee on Appropriations.
DB 455 (pr. No. 3588) - The Senate proceeded to comideration of the bill, entitled:
An Act amending the act of December 31, 1965 (p.L.l257,No.511), known as The Local Tax Enabling Act. further providing forrestrictions on taxing powers and for collection of taxes.
Upon motion of Senator LOEPER, and agreed to, the billwas rereferred to the Committee on Appropriations.
Bll..L OVER IN ORDER
SB 497 - Without objection, the bill was passed over in itsorder at the request of Senator LOEPER.
BILL REREFERRED
SB 589 (pr. No. 2005) -- The Senate proceeded to consideration of the bill, entitled:
An Act relating to the rights of purchasers and lessees of defective new motor vehicles; creating a motor vehicle arbitration board;imposing obligations, duties of refund and replacement; making anappropriation; and making a repeal.
Upon motion of Senator LOEPER., and agreed to, the billwas rereferred to the Committee on Appropriations.
Bll..LS OVER IN ORDER
SB 685, SB 853, SB 942 and SB 943 - Without objection,the bills were passed over in their order at the request of Senator LOEPER.
BILL REREFERRED
HB 1053 (pr. No. 3456) - The Senate proceeded to consideration of the bill, entitled:
1996 LEGISLATIVE JOURNAL - SENATE 1995
An Act amending Title 68 (Real and Personal Property) of thePennsylvania Consolidated Statutes, adding provisions relating to theoperation and suspension of adult oriented establisbments; and impo~
ing penalties.
Upon motion of Senator LOEPER, and agreed to, the billwas rereferred to the Committee on Appropriations.
BUS OVER IN ORDER
DB 1182, SB 1231, SB 1315 and SB 1316 - Without objection, the bills were passed over in their order at the requestof Senator LOEPER.
BILLSREREFERRED
SB 1317 (pre No. 2036) - The Senate proceeded to considemtion of the bill, entitled:
An Act providing for registmtion requirements for teleII181ketersand for powers and duties of the Office of Attorney General.
Upon motion of Senator LOEPER, and agreed to, the billwas rereferred to the Committee on Appropriations
SB 1355 (pre No. 2033) - The Senate proceeded to considemtion of the bill, entitled:
An Act amending the act of March 4, 1971 (p. L. 6, No.2),entitled "Tax Reform Code of 1971," providing for a research taxcredit
Upon motion of Senator LOEPER., and agreed to, the billwas rereferred to the Committee on Appropriations
BILLS OVER IN ORDER
DB 1362, SB 1398 and SB 1447 -- Without objection, thebills were passed over in their order at the request of SenatorLOEPER.
BILL ON SECOND CONSIDERATION
SB 1469 (pre No. 2012) - The Senate proceeded to considemtion of the bill, entitled:
An Act amending Title 42 (Judiciary and Judicial Procedure) ofthe Pennsylvania Consolidated Statutes, further providing for restitution.
Considered the second time and agreed to,Ordered, To be printed on the Calendar for third consider
ation.
BILLS REREFERRED
SB 1470 (pre No. 1879) - The Senate proceeded to considemtion of the bill, entitled:
An Act amending Title 42 (Judiciary and Judicial Procedure) ofthe Permsylvania Consolidated Statutes, providing for priority of restitution.
Upon motion of Senator LOEPER., and agreed to, the billwas rereferred to the Committee on Appropriations.
SB 1499 (pre No. 2038) - The Senate proceeded to considemtion of the bill, entitled:
An Act amending the act of 1une S, 1968 (p. L. 140. No. 78),entitled "An act regulating the writing. cancellation of or refusal torenew policies of automobile insunmce; and imposing powers andduties on the Insurance Commissioner therefor," further providing forcancelJation or refusal to renew and for review procedures and policytennination.
Upon motion of Senator LOEPER., and agreed to. the billwas rereferred to the Committee on Appropriations.
SB 1504 (Pre No. 1923) - The Senate proceeded to considemtion of the bill, entitled:
A Supplement to the act of 1uly 6, 1995 (P. L. 269. No. 38), "Anact providing for the capital budget for the fiscal year 1995-1996,"itemizing a project to be acquired by the Pennsylvania Fish and BoatCommission and financed ftom CUll'eDt revenues of the Boat Fund.
Upon motion of Senator LOEPER., and agreed to, the billwas rereferred to the Committee on Appropriations.
SB 1~ (pre No. 2(42) - The Senate proceeded to considemtion of the bill. entitled:
An Act amending the act of May 21. 1931 (p. L. 149, No. lOS).entitled. as amended, "The Liquid Fuels Tax Act," further providingfor refunds.
Upon motion of Senator LOEPER., and agreed to, the billwas rereferred to the Committee on Appropriations.
SB 1508 (pre No. 2013) - The Senate proceeded to considemtion of the bill, entitled:
An Act amending the act of April 9. 1929 (p. L. 177. No. 175),entitled "The Administrative Code of 1929." further providing fordefinitions, for powers and duties of the Bureau of Victims Servicesand for detennination of claims, awards and responsibilities of employers; and making a repeal.
Upon motion of Senator LOEPER., and agreed to, the billwas rereferred to the Committee on Appropriations.
BILL ON SECOND CONSIDERATION
SB 1509 (pre No. 1929) - The Senate proceeded to consideration of the bill. entitled:
An Act amending the act of November 22, 1978 (p. L. 1166, No.274), entitled "Pennsylvania Commission on Crime and DelinquencyLaw," further providing for composition of the commission.
Considered the second time and agreed to,Ordered, To be printed on the Calendar for third consider
ation.
BILL REREFERRED
SB 1526 (pre No. 1965) - The Senate proceeded to considemtion of the bill. entitled:
An Act providing for the highway capital budget for the fiscalyear 1996-1997.
Upon motion of Senator LOEPER., and agreed to, the billwas rereferred to the Committee on Appropriations.
1996 LEGISLATIVE JOURNAL - SENATE JUNE 3,
BILLS OVER. IN ORDER
SB Isg and DB 1823 - Without objection, the bills werepassed over in their order at the request of Senator LOEPER.
BILL REREFER.RED
HB 1855 (Pr. No. 3548) - The Senate proceeded to considemtion of the bill, entitled:
An Act amending the act of May I, 1933 (P.L.216, No.76),known as The Dental Law, further providing for the general powersof the State Board of Dentistry.
Upon motion of Senator LOEPER, and agreed to, the billwas rereferred to the Committee on Appropriations.
BILL ON SECOND CONSIDERATIONAND REREFER.RED
DB 2082 (pr. No. 3590) - The Senate proceeded to consideration of the bill, entitled:
An Act amending the act of March 4, 1971 (p.L.6, No2) knownas the Tax Refonn Code of 1971, further providing for bakery products in relation to the sales tax; repealing certain provisions imposingsales and use tax on lawn care services~ further providing for exclusion of certain computer services from the defmitions of "sales atretail" and "use" from the imposition of sales and use tax~ furtherproviding for sales tax relating to food and beverages; fuItber defining"compmsaticm" for personal income tax pmposes to exclude cafeteriaplans and certain other benefits; providing for an income tax refundcheckoff for breast and cervical cancer researc~ and making a repeal.
Considered the second time and agreed to,Ordered, To be printed for third considerationUpon motion of Senator LOEPER, and agreed to, the bill
just considered was rereferred to the Committee on Appropriations.
BILLS OVER. IN ORDER
HB 2223, HB 2305, HB 2379 and HB 2446 - Without objection, the bills were passed over in their order at the requestof Senator LOEPER.
EXECUTIVE NOMINATIONS
EXECUTIVE SESSION
Motion was made by Senator LOEPER,That the Senate do row resolve itself into Executive Session
for the purpose of considering certain nominations made by theGovernor.
Which was agreed to.
NOMINATIONS TAKEN FROM THE TABLE
Senator LOEPER. Mr. President, I call from the table certain nominations and ask for their consideration.
The Clerk read the nominations as follows:
MEMBER OF TIlE PENNSYLVANIA DRUG,DEVICE AND COSMETIC BOARD
April 3, 1996
To the Honorable, the Senate of the Commonwealth ofPennsylvania:
In confonnity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, Diane M Zilinskas, 302 GiffinAvenue, Pittsburgh 15210, Allegheny County, Forty-third SenatorialDistrict, for appointment as a member of the Pennsylvania Drug,Device and Cosmetic Board, to serve for a term of fom years or tmtilher successor is appointed and qualified, but not longer than sixmonths beyond that period, vice Charles D. Thomas, Pittsburgh,whose tenn expired.
THOMAS J. RIDGEGovernor
MEMBER OF TIlE BOARD OF lRUSTEES OFSCRANTON STATE SCHOOL FOR TIlE DEAF
Febrwuy 9, 1996
To the Honorable, the Senate of the Commonwealth ofPennsylvania:
In confonnity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, Thomas L. Shaffer, 56 GovierStreet, Wilkes-Barre 18705, Luzerne County, Fourteenth SenatorialDistrict, for appointment as a member of the Board of Trustees ofScranton State School for the Deaf, to serve until the third Tuesdayof January 1997, and until his successor is appointed and qualified,vice Hany W. Wilson, Jr., Tunkhannock, resigned.
THOMAS J. RIDGEGovernor
On the question,Will the Senate advise and consent to the nominations?
The yeas and nays were required by Senator LOEPER andwere as follows, viz:
YEAS--47
Afflerbach Gerlach Madigan ShafferAndrezeski Greenleaf Mellow StapletonArmstrong Hart Mowery StewartBelan Heckler Musto StoutBell Helfrick Q'Pake TartaglioneBodack Holl Peterson ThompsonBrightbill Hughes Piccola TilghmanCorman lubelirer Porterfield TomlinsonCosta Kasunic Punt UlianaDelp LaValle Rhoades WagnerFisher Lemmond Robbins WengerFurno Loeper Schwartz
NAYS-o
A constitutional majority of all the Senators having voted"aye," the question was determined in the affinnative.
Ordered, That the Governor be infonned accordingly.
1996 LEGISLATIVE JOURNAL - SENATE 1997
EXECUTIVE SESSION RISES
Senator LOEPER. Mr. President, I move that the ExecutiveSession do now rise.
The motion was agreed to.
RECESS
The PRESIDENT. The Chair recognizes the gentleman fromDelaware, Senator Loeper.
Senator LOEPER.. Mr. President, I ask for a vel}' brief recess of the Senate for the purpose of a meeting of the Committee on Rules and Executive Nominations to take place immediately in the Rules room at the rear of the Senate Chamber.
The PRESIDENT. For that purpose, the Senate stands inrecess.
AFTER RECESS
The PRESIDENT. The time of recess having expired, theSenate will come to order.
UNFINISHED BUSINESSREPORTS FROM COMMITTEE
Senator LOEPER., from the Committee on Rules and Executive Nominations, reported the following bills:
SB 1371 (pr. No. 1019) (Rereported) (Concurrence)
An Act amending the act of June 10, 1982 (p. 1. 454, No. 1331entitled "An act protecting agricultural operations from nuisance suitsand 0Idinances lUlder certain circumstances," fur1her defining "nonnalagricultural operation."
DB 406 (pr. No. 3504) (Rereported) (Concurrence)
An Act amending the act of April 9, 1929 (p. L. 177, No. 175),known as The AdministIative Code of 1929, providing for additionalduties of the Department of Conections in relation to prison inmatemedical needs, for seasonal fann labor, for powers and duties oftheDepartment of Health relating to anatomical gifts and for a study ofphannacy prices~ further providing for the duties of the Departmentof General Services relating to certain con1Iacts for modular faciliti~
and making repeals.
REPORT FROM COMMITTEE ONRULES AND EXECUTIVE NOMINATIONS
Senator LOEPER., from the Committee on Rules and Executive Nominations, reported the following nominations made byHis Excellency, the Governor of the Commonwealth, whichwere read by the Clerk as follows:
MEMBER OF TIlE STATE BOARDOF ACCOUNTANCY
May 6, 1996
To the Honorable, the Senate of the Commonwealth ofPennsylvania:
In conformity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, Austin R. Monis, 1277 Dogwood Lane, Huntingdon Valley 19006, Montgomery County, FifthSenatorial District, for appointment as a member of the State Board
of Accountancy, to serve for a tam of four years and until his successor is appointed and quaJified, but not longer than six mon1bs beyondthat period; vice Marilyn 1. Painter, PittsbuIgh, whose tenn expired.
THOMAS 1. RIDGEGovernor
MEMBER. OF TIlE PENNSYLVANIACOUNCIL ON AGING
May 6, 1996
To the Honorable, the Senate of the Commonwealth ofPennsylvania:
In conformity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, Dwight Davis, MD., 1659Nottingham Drive, Hummelstown 17036, Dauphin County. FifteenthSenatorial District, for reappointment as a member of the Pennsylvania Council on Aging, to serve mtil May 23, 1998 BDduntil his successor is appointed and qualified.
THOMAS J. RIDGEGovernor
MEMBER. OF TIlE PENNSYLVANIACOUNCIL ON AGING
May 6,1996
To the Honorable, the Senate of the Commonwealth ofPennsylvania:
In confonnity with law, I have the honor hereby to nominate forthe advice and consent of the Senate. Harold E. Frantz, 43 NicholsStreet, Wellsboro 16901, Tioga County, Twenty-third Senatorial District, for appointment as a member of the Pennsylvania Council onAging, to serve until October 8, 1998 and until his successor is appointed and qualified, vice lohn KoIdish, Clearfield, whose termexpired.
THOMAS 1. RIDGEGovernor
MEMBER OF TIlE PENNSYLVANIACOUNCIL ON AGING
May 6,1996
To the Honorable, the Senate of the Commonwealth ofPennsylvania:
In conformity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, lules Rosen, MD., 1505 Wmdsor Cowt, Pittsburgh, Allegheny County, Thirty-seventh SenatorialDistrict, for appoin1ment as a member of the Pennsylvania Council onAging, to serve until October 8, 1997 and until his successor is appointed and qualified, vice Hamet Levinson, Pittsburgh, whose termexpired.
THOMAS J. RIDGEGovernor
MEMBER OF THE PENNSYLVANIACOUNCIL ON AGING
May 6, 1996
To the Honorable, the Senate of the Commonwealth ofPennsylvania:
1998 LEGISLATIVE JOURNAL - SENATE JUNE 3,
In confonnity with Jaw, I have the honor hereby to nominate forthe advice and consent of the Senate, Atme S. Thacik, 201 McLaughlin Street, CuIwalsviIle 16833, Clearfield Comty,Thirty-fifth Senat0rial District, for appointment as a member of the Pennsylvania Comcil on Aging, to serve until October 8, 1998 and until her successoris appointed and qualified, vice Diane Bartoli, Drums, whose tennexpired.
mOMAS 1. RIDGEGovernor
MEMBER. OF 1HE PENNSYLVANIACOUNCn. ON AGING
May 6, 1996
To the Honomble, the Senate ofthe Commonwealth ofPennsylvani8:
In confonnity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, Evelyn M Wermuth, 1169Wicldow Court, Hmnmelstown 17036, Dauphin County, FifteenthSenatorial Dis1rict, for reappointment as a member of the Pennsylvania Council on Aging, to serve mtil October 8, 1997 and until hersuccessor is appointed and qualified.
mOMAS 1. RIDGEGovernor
MEMBER. OF 1HE PENNSYLVANIACOUNCn. ON AGING
May 6, 1996
To the Honomble, the Senate of the Commonwealth ofPennsylvania:
In conformity with Jaw, I have the honor hereby to nominate forthe advice. and consent of the Senate, Jean A. Williams, 2200 ParkHill Drive, PiUsbuIgh 15221, Allegheny ColDl~, Thirty-eighth Senat0rial Dis1rict, for reappointment as a member of the PennsylvaniaCouncil on Aging, to serve until October 8, 1997 and lUltil her successor is appointed and qualified.
mOMAS J. RIDGEGovernor
MEMBER. OF 1HE PENNSYLVANIA DRUG,DEVICE AND COSMETIC BOARD
May 6,1996
To the Honomble, the Senate of the Commonwealth ofPennsylvania:
In confonnity with law, I have the honor hereby to nominate fortbe advice and consent of the Senate, Lawrence R Soma, VM.D., 34Elstone Drive, Olen Mills 19342, Delaware County, Ninth SenatorialDis1rict, for reappointment as a member of the Pennsylvania Drug,Device and Cosmetic BoaId, to serve for a tenn of four years or lDltilhis successor is appointed and qualified, but not longer than sixmonths beyond that period.
mOMAS 1. RIDGEGovernor
MEMBER OF 1HE BOARD OF TRUSTEESOF HAVERFORD STAlE HOSPITAL
April 18, 1996
To the Honorable, the Senate of the Commonwealth ofPennsylvania:
In confonnity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, Carolyn H. Parker, 18 CollegeAvenue, Haverford 19041, Delaware COlUlty, Seventeenth SenatorialDis1rict, for appoin1ment as a member of the Board of Tmstees ofHaverford State Hospital, to serve lUltil the third Tuesday of Januaiy2001, and lUltil her successor is appointed and qualified, vice Rev.Barnabas W. Glenn, Philadelphia, whose tenn expired.
mOMAS J. RIDGEGovernor
JUDGE, MUNICIPAL COURT OFPHILADELPHIA
May 8, 1996
To the Honomble, the Senate of the Commonwealth ofPennsylvania:
In confonnity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, John 1. O'Gmdy, Jr., 813 North64th Street, Philadelphia 19151, Philadelphia County, Fifth SenatorialDistrict, for appoin1ment as Judge of the Municipal Court of Philadelphia, to serve lUltil the fIrst Monday of Januaiy 1998, vice The Honomble William A. King, Jr., mandatory retirement
mOMAS 1. RIDGEGovernor
To the Honomble, the Senate of the Commonwealth ofPennsylvania:
In confonnity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, Daniel P. Elby, 3535 PebbleRidge Drive, York 174024358, York COlUlty, Twenty-eighth Senatorial Dis1rict, for reappoin1ment as a member of the COlUlcil of Trustees of Lock Haven Universit¥ of Pennsylvania of the State System ofHigher Education, to serve lUltil the third Tuesday of Janualy 2001,and lUltil his successor is appointed and qualified.
mOMAS 1. RIDGEGovernor
MEMBER. OF 1HE COUNCIL OF TRUSTEES OFLOCK HAVEN UNIVER.SI1Y OF PENNSYLVANIA
OF 1HE STAlE SYSTEM OF HIGHER. EDUCATION
April 26, 1996
To the Honomble, the Senate oCthe Commonwealth ofPennsylvania:
In confonnity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, Donald L. Faulkner, Esquire,Maple Avenue, Box 20, Beech Creek 16822, Clinton COlUlty, Thirtyfourth Senatorial District, for reappoin1ment as a member of theColDlCil of Trustees of Lock Haven Universit¥ of Pennsylvania of theState System of Higher Education, to serve lDltil the third Tuesday ofJanuaiy 200I, and lUltil his successor is appointed and qualified.
mOMAS 1. RIDGEGovernor
1996 LEGISLATIVE JOURNAL - SENATE 1999
MEMBER OF 1HE COUNCIL OF lRUSlEES OFLOCK HAVEN UNIVERSITY OF PENNSYLVANIA
OF 1HE STAlE SYSlEM OF HIGHER. EDUCATION
April 26, 1996
To the Honomble, the Senate of the Commonwealth ofPennsylvania:
In confonnity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, Guy A. Graham, 605 IndianRoad, Clearfield 16830, Clearfield County, Thirty-fIfth SenatorialDistrict, for appointment as a member of the Council of Trustees ofLock Haven University of Permsylvania of the State System of HigherEducation, to serve lDltil the third Tuesday of Janumy 2001, and lDltilhis successor is appointed and qualified, vice Joseph O. Smith, Jr.,Muncy, whose term expired.
THOMAS 1. RIDGEGovernor
MEMBER OF 1HE COUNCIL OF TRUSlEES OFLOCK HAVEN UNIVERSITY OF PENNSYLVANIA
OF 1HE STAlE SYSlEM OF HIGHER. EDUCATION
April 26, 1996
To the Honomble, the Senate of the Commonwealth ofPennsylvania:
In confonnity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, William F. Williams, R. D. #4,Box 22, Jersey Shore 17740, Lycoming County, Twenty-third Senat0rial District, for reappointment as a member of the Council of Trustees of Lock Haven University of Pennsylvania of the State System ofHigher Education, to serve until the third Tuesday of January 2001,and until his successor is appointed and qualifIed.
THOMAS 1. RIDGEGovernor
MEMBER OF 1HE STAlE BOARDOF MEDICINE
April 22, 1996
To the Honomble, the Senate of the Commonwealth ofPennsylvania:
In confonnity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, Alvin A. Kinsel, M.D., 222Margery Drive, Pittsburgh 15238, Allegheny County, Thirty-eighthSenatorial District, for reappointment as a member of the State Boardof Medicine, to serve for a term of four years or until his successoris appointed and qualified, but not longer than six months beyond thatperiod.
THOMAS 1. RIDGEGovernor
MEMBER OF 1HE MUNICIPAL POLICE OFFICERS'EDUCATION AND TRAINING COMMISSION
April 30, 1996
To the Honomble, the Senate of the Commonwealth ofPennsyIvania:
In confonnity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, Bart E. Burne, EdD., 202 NorthHighland Drive, Pittston 18640, Luzeme County, Fourteenth Senatorial District, for reappointment as a member of the Municipal Police
Officers' Education and Training Commission, to serve until Febmaly21, 1999 and until his successor is appointed and qualified.
THOMAS J. RIDGEGovernor
MEMBER OF 1HE STAlE BOARDOF PSYCHOLOGY
April 26, 1996
To the Honomble, the Senate of the Commonwealth ofPennsylvania:
In confonnity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, Yvonne E. Keaims, PhD., 5419Northumberland Street, Pittsburgh 15217, Allegheny County, Fortythird Senatorial District, for reappointment as a member of the StateBoard of Psychology, to serve for a term of four years or until hersuccessor is appointed and qualified, but not longer than six monthsbeyond that period.
THOMAS J. RIDGEGovernor
MEMBER OF 1HE STATE BOARDOF PSYCHOLOGY
May 1, 1996
To the Honomble, the Senate of the Commonwealth ofPennsylvania:
In confonnity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, Maurice F. Prout, Ph.D.,Weidner University, 211 South Aberdeen Avenue, Wayne 19087,Delaware County, Seventeenth Senatorial District, for appointment asa member of the State Board of Psychology, to serve until JlDle 8,1997 or until his successor is appointed and qualified, but not longerthan six months beyond that period, vice Edward C. Brennan, Ph.D.,Dunmore, deceased.
THOMAS 1. RIDGEGovernor
MEMBER OF 1HE BOARD OF TRUSlEES OFSCOTLAND SCHOOL FOR VElERANS' CHILDREN
May 10, 1996
To the Honomble, the Senate of the Commonwealth ofPennsylvania:
In confonnity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, John E. McAllister, 45 HellamDrive, Mechanicsbwg 17055, Cumberland County, Thirty-third Senatorial District, for appointment as a member of the Board of Trusteesof Scotland School for Vetemns' Children, to serve until the thirdTuesday of January 2001, and until his successor is appointed andqualilled, vice Lloyd Trinklein, Shippensburg, whose term expired.
THOMAS J. RIDGEGovernor
MEMBER OF 1HE BOARD OF lRUSlEESOF WERNERSVILLE STATE HOSPITAL
April 18, 1996
To the Honomble, the Senate of the Commonwealth ofPennsylvania:
2000 LEGISLATIVE JOURNAL - SENATE JUNE 3,
In confotmity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, Warren W. Lamm, 376 Weidman Avenue, Sinking Spring 19608, Berlcs COWlty, Forty-eighthSenatorial District, for reappointment as a member of the Board ofTrustees ofWernersville State Hospital, to serve Wltil the third Tuesday of January 2001, and Wltil his successor is appointed and qualified.
THOMAS J. RIDGEGovernor
MEMBER OF THE BOARD OF TRUSTEESOF WERNERSVILLE STAlE HOSPITAL
April 18, 1996
To the Honorable, the Senate of the Commonwealth ofPennsylvania:
In confotmity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, Dermis D. Louwerse, 103 ParleStreet, Lebanon 17042, Lebanon COWlty, Forty-eighth SenatorialDistrict, for reappointment as a member of the Board of Trustees ofWernersville State Hospital, to serve Wltil the third Tuesday of January 200I, and Wltil his successor is appointed and qualified.
THOMAS J. RIDGEGovernor
DISTRICT JUSTICE
April 22, 1996
To the Honorable, the Senate of the Commonwealth ofPennsylvania:
In confotmity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, Mr. David J. Barton, 4605Sherwood Drive, Pittsburgh 15236, Allegheny County, Thirty-seventhSenatorial District, for appointment as District Justice, in and for theCounty of Allegheny, Magisterial District 5-2-17, to serve Wltil thefirst Monday of January 1998, vice Jules C. Melograne, resigned.
THOMAS J. RIDGEGovernor
NOMINATIONS LAID ON THE TABLE
Senator LOEPER. Mr. President, I request that the nominations just read by the Clerk be laid on the table.
The PRESIDENT. The nominations will be laid on thetable.
COMMUNICATIONS FROM THE GOVERNORREPORTED FROM COMMITTEE ON RULES
AND EXECUTIVE NOMINATIONS,TAKEN FROM THE TABLE
Senator LOEPER, from the Committee on Rules and Executive Nominations, reported the following communication and,by unaniImus coment, called from the table a certain communication from His Excellency, the Governor of the Commonwealth, recalling the following nominations, which were readby the Clerk as follows:
MEMBER OF 1HE WORKMEN'S COMPENSATIONAPPEAL BOARD
May 20,1996
To the Honorable, the Senate of the Commonwealth ofPennsylvania:
In accoIdance with the power and authoriW vested in me as Governor of the Commonwealth, I do hereby recall my nomination datedMarch 15, 1996 for the appointment of Joseph P. Santone, 4309Caroline Drive, Erie 16509, Erie COWlty, Forty-ninth Senatorial District, as a member of the Worlcmen's Compensation Appeal BoaId, toserve until the third Tuesday of Janumy 1999, and until his successoris appointed and qualified, vice Harold V. Fergus, Jr., Washington,whose tenD expired.
I respectfully request the return to me of the official message ofnomination on the premises.
THOMAS J. RIDGEGovernor
MEMBER OF 1HE BOARD OF TRUSTEES OFSOUlH MOUNTAIN RESTORATION CENlER
May 29,1996
To the Honorable, the Senate of the Commonwealth ofPennsylvania:
In accoIdance with the power and authoriW vested in me as Governor of the Commonwealth, I do hereby recall my nomination datedFebruary 27, 1996 for the reappoin1ment of Frederick A. Reddig, 108Parle Place West, Shippensb~ 17257, Franklin COlUlty, Thirty-thirdSenatorial District, as a member of the Board of Trustees of SouthMountain Restoration Center, to serve mtil the third Tuesday of January 1997, and Wltil his successor is appointed and qualified.
I respectfully request the return to me of the official message ofnomination on the premises.
THOMAS J. RIDGEGovernor
NOMINATIONS RETURNED TO THE GOVERNOR
Senator LOEPER.. Mr. President, I move that the nominations just read by the Clerk be returned to His Excellency, theGovernor.
1be motion was agreed to.The PRESIDENT. The nominations will be returned to the
Governor.
CONGRATULATORY RESOLUTIONS
The PRESIDENT laid before the Senate the following resolutions, which were read, considered and adopted:
Congratulations of the Senate were extended to Dr. LonaFarr, Dr. Alicia Montoya, Dr. Patricia T. Bradt, CandanceHernnan, Rose Ackennan, BaIbara Morton, Lynda Shean andto Lucent Technologies of Allentown by Senator Afflerbach.
Congratulations of the Senate were extended to the ErieHotline by Senator Andrezeski.
Congratulations of the Senate were extended to Mr. andMrs. Harry 1. Nickel, Mr. and Mrs. Harry Goodhart, Mr. andMrs. Arthur Lear, Mr. and Mrs. C1aIence H. Eckman, Mr. andMrs. Amos L. Sheaffer, Jr., Mr. and Mrs. John Jordan, Jr., Mr.
1996 LEGISLATIVE JOURNAL - SENATE 2001
and Mrs. Wtllis W.Glick, Dr. Melvin E. Rosier, Dennis SeanGorman and to Vincent Wilson by Senator Armstrong.
Congratulations of the Senate were extended to RichettaRandolph by Senator Belan.
Congratulations of the Senate were extended to Mr. andMrs. Thomas Daniels, Jr., Mr. and Mrs. Salvatore Grande, Mr.and Mrs. Thomas N. Cohen, Mr. and Mrs. Albert Jurich, Mr.and Mrs. Charles Holland and to Christopher P. Josten bySenator Bell.
Congratulations of the Senate were extended to Mr. andMrs. Quirino Colaizzi, Mr. and Mrs. John W. Smith and toBrien Wall by Senator Bodack.
Congratulations of the Senate were extended to ElizabethGaylord Troy and to Glenn T. Wenger by Senator Brightbill.
Congratulations of the Senate were extended to BradleyWilliams, Helen Haschalk Kennedy and to Don A. Linn bySenator Connan.
Congratulations of the Senate were extended to H. MichaelCarter, Mary Jane Schmalstieg, Anne Jenneve and to the Arlington Civic Club of Pittsburgh by Senator Costa.
Congratulations of the Senate were extended to Mr. andMrs. Donald H. Markle and to the Bethlehem Baptist Churchof Yolk by Senator Delp.
Congratulations of the Senate were extended to FredSilberman, Irvin R. Davis and to the Maritime Exchange forthe Delaware River and Bay by Senator Fumo.
Congratulations of the Senate were extended to Jason C.Wagner by Senator Gerlach.
Congratulations of the Senate were extended to JeffreyDupee, Robert John Vatkonyi, Joyce G. Hallman and to theAbington Township 2nd Annual 24-Hour Relay ChallengeCommittee by Senator Greenleaf.
Congratulations of the Senate were extended to Mr. andMrs. Samuel Pillitteri, Mr. and Mrs. William Lovic and toJames Monaco by Senator Hart.
Congratulations of the Senate were extended to Jason M.Devlin and to Richard S. Poll by Senator Heckler.
Congratulations of the Senate were extended to Edward L.Dobin by Senators Heckler and Tomlinson.
Congratulations of the Senate were extended to Mr. andMrs. Harold W. Houseweart, Mr. and Mrs. Walter F. Home,Mr. and Mrs. Wayne Deaner, Mr. and Mrs. Mervin E. Aikey,Mr. and Mrs. John R. Robb, Mr. and Mrs. Melvin Bartlow,Sr., Mr. and Mrs. Elbert H. Arnold, Mr. and Mrs. GeorgeEwig, Mr. and Mrs. Hany E. Adams, Sr., Mr. and Mrs. Fillmore H. Reimensnyder, Mr. and Mrs. Hany W. Cromley, Mr.and Mrs. Richanl P. Belles, Mr. and Mrs. Robert A Coup, Mr.and Mrs. Donald N. Rishe, Mr. and Mrs. Ray S. Hendricks,Mr. and Mrs. Bernard C. Temple, Mr. and Mrs. Carl W. Shoemake~ Mr. and Mrs. Howard M \\Ynn. Mr. and Mrs. HennanC. Delsite, Dr. Wtlliam Huckel Jeffreys, Stacy Cooper, GeorgeW. Robinson and to John 1. Wallner, Jr., by Senator Helfrick.
Congratulations of the Senate were extended to Greg Stalk,David M. Smith, Brandon Geist, William E. Yoder and to theNorth Penn Electronics Facility of Montgomery County bySenator Holi.
Congratulations of the Senate were extended to the WestPhiladelphia Catholic High School by Senator Hughes.
Congratulations of the Senate were extended to Mr. andMrs. William Cmme~ Mr. and Mrs. Simon C. Rice, Jr., and toWilliam E. Bolling by Senator Jubelirer.
Congratulations of the Senate were extended to AnnSheehan, William Mostoller and to Corbin Bmce by SenatorKasunic.
Congratulations of the Senate were extended to Mr. andMrs. Stephen 1. Hervatine, MaJk Javens and to the CoIDlllJllityCollege of Beaver County Men's Basketball Team.by SenatorLaValle.
Congratulations of the Senate were extended to Mr. andMrs. WIlliam. H. Baker, Jr., Mr. and Mrs. Willard Dakey, Mr.and Mrs. Carl Gennan, Mr. and Mrs. Edwant Seeben, Mr. andMrs. SebaStian Lombardo, Mr. and Mrs. Eugene Fenis, GeotgeWhite, Sr., Charles D. Coleman, Mary O'Connell, HelenO'Neill, Peter D. O'Neill, Lorraine Gregory and to Joseph J.Murray by Senator Lemmond.
Congratulations of the Senate were extended to MonsignorAndrew I. McGowan by Senators Lemmond, Mellow, andMusto.
Congratulations of the Senate were extended to Mr. andMrs. Michael Todaro and to Leota Waugh by Senator Loeper.
Congratulations of the Senate were extended to Mr. andMrs. John R. Price, Mr. and Mrs. Frederick W. Lewis, Mr. andMrs. Royce Hostrander, Mr. and Mrs. George W. Novinger,Mr. and Mrs. Francis Chaffee, Mr. and Mrs. William. M.Schwenke, Mr. and Mrs. Oscar Harris, Mr. and Mrs. HermanE. Fischer, Sr., Mr. and Mrs. Wtlliam. E. Sauers, Sr., MichaelPolzella and to John Mosser by Senator Madigan.
Congratulations of the Senate were extended to the Homrable and Mrs. Fred Belardi, Christopher Stevens, Patrick Fisk,Stephen Bugm, Brian Weinberg, Charles Lubash and to Mondo Turissini by Senator Mellow.
Congratulations of the Senate were extended to Justin E.Bolton, David Hummert, Andrew Johnson and to theSouthcentral Pennsylvania StaIKi for Children Action Team ofHarrisburg by Senator Mowery.
Congratulations of the Senate were extended to Leonard C.Locke and to John Dessoye by Senator Musto.
Congratulations of the Senate were extended to Millie andJim DiCindio, Elda B. and John F. Aumiller, Miriam Boyd,Catholic Woman's Club of Betks County and to the citizens ofMaidencreek Township by Senator O'Pake.
Congratulations of the Senate were extended to Mr. andMrs. Dalton E. Hunter, Troy M. Mayfield, Howard P.Schumache~ Gerald Smith and to James Deetscreek by SenatorPeterson.
Congratulations of the Senate were extended to Mr. andMrs. Aleck Chizeck, Missouri Crawford, Dale E. Wolf, Michael Shoemaker and to Reverend A.I. Briley, Sr., by SenatorPiccola.
Congratulations of the Senate were extended to Mr. andMrs. Regis Kelly, Mr. and Mrs. Kenneth McCann and to Mr.and Mrs. Eugene Campbell by Senator Porterfield.
2002 LEGISLATIVE JOURNAL - SENATE JUNE 3,
Congratulations of the Senate were extended to theWaynesboro Area United by .Senator Punt.
Congratulations of the Senate were extended to Mr. andMrs. Roe Vdn Buskirk, Mr. and Mrs. Thomas L. Heffelfmger,Mr. and Mrs. Jack A Hage~ Sr., Michael A Macasek, RobertEdward Moore, Arthur E. Messick and to the PennsylvaniaIntermediate Units by Senator Rhoades.
Congratu1ations of the Senate were extended to Dr. andMrs. Thaddeus H. Penar, Dominic Joseph Tamber, Ryan LeeRubaker, Frank Wbiteneck, LaRoyce Rowland, Brad Fisk,Dennis Stowe, Jr., Judith H. Griffin and to the Coles FamilyRestaurant of Union City by Senator Robbins.
Congratulations of the Senate were extended to AnnaWaibel by Senator Salvatore.
Congratulations of the Senate were extended to LulaBellamy-Pouncy and to the Julia R. Mastennan High SchoolChess Team by Senator Schwartz.
Congratulations of the Senate were extended to Mr. andMrs. John B. Horan, Sr., Mr. and Mrs. James Charles, Mr. andMrs. John H. Oesterling, Mr. and Mrs. Thomas Manal, Gertrude Mae Newton, Jolene McConnell, Trena MoniqueHenthorn, Shannon Fiel, Elizabeth Marquez, Matthew JohnChips, Michael Dean Brown, Timothy Jerome Chips, JeremyJoseph Heindl and to Jennifer Scheller by Senator Shaffer.
Congratulations of the Senate were extended to WayneSiwik by Senators Shaffer and Wagner.
Congratulations of the Senate were extended to Mr. andMrs. Enrico D'Angelo, Mr. and Mrs. Ralph F. McAfoose, Mr.and Mrs. Ray McKinney, Mr. and Mrs. William R. Roberts,Mr. and Mrs. Pete Tromby, Mr. and Mrs. Glenn Cosgray,Jason Douglas Shull and to Stephanie ProIa by SenatorStapleton.
Congratulations of the Senate were extended to Mr. andMrs. J. Richard Smith, Mr. and Mrs. Jay S. Smith and to Mr.and Mrs. Edward Chilzer by Senator Stout.
Congratulations of the Senate were extended to Mr. andMrs. Andrew Hartman by Senator Tartaglione.
Congratulations of the Senate were extended to Daniel 1.Altman, Kevin Windstein, Robert K. Kalmbach, Brian Gavinand to Lauren Galbally by Senator Thompson.
Congratulations of the Senate were extended to the BlazingAngels Softball Team by Senator Tomlinson.
Congratulations of the Senate were extended to Ronald andAme Frantz, Lisa Miller, Cam Celeste Hughes, Emily Dubbs,Melodi Gondar, Kris Danyi, Lisa Frolmheise~ Rebecca Gross,Corinne Strebig, Diane Kistler, Kelly Anderson and to EricMiller by Senator Uliana.
CONDOLENCE RESOLUTIONS
The PRESIDENT laid before the Senate the following resolutions, which were read, considered and adopted:
Condolences of the Senate were extended to the family ofthe late Stephen Palencar by Senator Afflerbach.
Condolences of the Senate were extended to the family ofthe late Adam S. Wilder by Senator Brightbill.
Condolences of the Senate were extended to the family ofthe late James C. Crumlish, Jr., by Senator Furno.
Condolences of the Senate were extended to the family ofthe late Senator Roxanne H. Jones by Senator Mellow, Democratic Leader, on behalf of the Senate of Pennsylvania.
Condolences of the Senate were extended to the family ofthe late John McSorley, Jr., by Senator Shaffer.
Condolences of the Senate were extended to the family ofthe late Wtlliam H. Broad and to the family of the late JacksonM. Sigmon by Senator Uliana.
COMMUNICATIONS FROM THE GOVERNOR
RECALL COMMUNICATIONLAID ON THE TABLE
The PRESIDENT laid before the Senate the following communication in writing from His Excellency, the Governor ofthe Commonwealth, which was read as follows and laid on thetable:
MEMBER OF THE PENNSYLVANIAGAME COMMISSION
June 3, 1996
To the Honorable, the Senate of the Commonwealth ofPennsylvania:
In accoIdance with the power and authority vested in me as Govemor of 1he Commonwealth, I do hereby recall my nomination datedMarch 8, 1996 for the appointment of Elisabeth Baker (Dis1rict 7),Box 59, Lehman 18627, Luzerne County, Twentieth Senatorial District, as a member of the Pennsylvania Game Commission, to servefor a tenn of eight years, vice Edward L. Vogue, Jr., Dupont, whosetenn expired.
I respectfully request the return to me of the official message ofnomination on the premises.
THOMAS J. RIDGEGovernor
CORRECTION TO NOMINATIONREFERRED TO COMMITTEE
The PRESIDENT laid before the Senate the following communication in writing from His Excellency, the Governor ofthe Commonwealth, which was read as follows and referred tothe Committee on Rules and Executive Nominations:
MEMBER OF THE SCHUYLKILL COUNTYBOARD OF ASSISTANCE
June 3, 1996
To the Honorable, the Senate of the Commonwealth ofPennsylvania:
Please note the nomination dated May 22, 1996 for the appointment of Dr. Elaine Hoppes-Goroshko (Republican), 517 East BroadStreet, Tamagua 18252, Schuylkill·County, Twenty-ninth SenatorialDistrict, as a member of the Schuylkill County Board of Assistance,to serve mtil December 31, 1998, and until her successor is appointedand qualified, to add to complement, should be corrected to read:
Dr. Elaine Hoppes-Goroshk:o (Republican), 517 East Broad Street,Tamaqua 1-8252, Schuylkill County, Twenty-ninth Senatorial District,as a member of the Schuylkill County Board of Assistance, to servemtil December 31, 1998, and until her successor is appointed andqualified, to add to complement.
1996 LEGISLATIVE JOURNAL - SENATE 2003
ANNOUNCEMENTS BY THE SECRETARY
The following announcements were read by the Secretmy ofthe Senate:
SENATE OF PENNSYLVANIA
COMMITfEE MEETINGS
TIJESDAY, JUNE 4, 1996
9:30 A.M.
10:00 A.M.
11:00 AM.
11:30 AM.
9:00 AM.
9:00 AM.
10:30 AM.
EDUCATION (public hearing onHouse Bill No. 1031 and any otherbusiness that may come before theCommittee)
BANKING AND INSURANCE(to consider Senate Bill No. 1122;House Bills No. 1415 and 1977;and any other business that maycome before the Committee)
LOCAL GOVERNMENT (toconsider Senate Bill No. 1320 andHouse Bills No. 1346, 1566,2002,2041,2102 and any other businessthat may come before the Committee)
JUDICIARY (to consider SenateBills No. 819, 1536, 1558, 1566and 1572; and Senate ResolutionNo. 72)
WEDNESDAY, JUNE 5, 1996
EDUCATION (to discuss PrivateLicensed School Board RegulationNo. 6-253)
STATE GOVERNMENT (to considerSenate Bills No. 289,416, 1292,1333 and 1396; and House Bills No.220 and 1865)
AGING AND YOUTH (to considerSenate Bills No. 465, 1063, 1209,1513 and any other business thatmay come before the Committee)
Room BE-AEast Wing
Room 461Main Capitol
Room 461Main Capitol
Room 8E-BEast Wing
Room 8E-BEast Wing
Rules Cmte.Conf. Rm.
Room 461Main Capitol
ADJOURNMENT
Senator LOEPER. Mr. President, I move that the Senate donow adjourn until Tuesday, June 4, 1996, at 1 p.m., EasternDaylight Saving Time.
The motion was agreed to.The Senate adjourned at 5 p.m., Eastern Daylight Saving
Time.