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COMMONWEALTH OF PENNSYLVANIA

LEGISLATIVE JOURNAL

MONDAY, JUNE 20, 1994

SESSION OF 1994 178TH OF THE GENERAL ASSEMBLY No. 34

SENATEMONDAY, June 20, 1994

The Senate met at 2 p.m., Eastern Daylight Saving Time.

The PRESIDENT (Lieutenant Governor Mark S. Singel) inthe Chair.

PRAYER

The Chaplain, Reverend DAVID B. JOST, of ZionEvangelical Lutheran Church, Enola, offered the followingprayer:

Let us pray.Almighty God, You have given us this good land as our

heritage. Make us always remember Your generosity andconstantly do Your will. Bless our land and especially thisCommonwealth with honest indusuy, truthful education, and anhonorable way of life. Save us from violence, discord, andconfusion, from pride and arrogance, and from every evilcourse of action. Make us who came from many nations withmany different languages a united people. Defend our liberties,and give those whom we have entrusted with the authority ofgovernment the spirit of wisdom, that there may be justice andpeace in our land.

Protect our Governor and all who seIVe with him. Whentimes are prosperous, Jet our hearts be thankful, and in troubledtimes, do not let our trust in You fail.

We ask all this in Your holy name, Amen.

The PRESIDENT. The Chair thanks Reverend lost, who isthe guest today of Senator Mowery.

SPECIAL ORDER OF BUSINESSLEGISLATIVE LEAVES

The PRESIDENT. The Chair recognizes the gentleman fromLackawanna, Senator MelJow.

Senator MELWW. Mr. President, I request legislativeleaves for Senator Andrezeski, Senator Jones, and SenatorWilliams.

The PRESIDENT. Senator Mellow requests legislativeleaves for Senator Andrezeski, Senator Jones, and SenatorWilliams. The Chair hears no objection. Those leaves will begranted.

The Chair recognizes the gentleman from Delaware, SenatorLoeper.

Senator LOEPER. Mr. President, I understand SenatorRobbins is meeting with constituents in his office, and Irequest a temporary Capitol leave on his behalf.

The PRESIDENT. Senator Loeper requests a temporaryCapitol leave for Senator Robbins. The Chair hears noobjection. That leave will be granted.

JOURNAL APPROVED

The PRESIDENT. A quorum of the Senate being present,the Clerk will read the Journal of the preceding Session ofJune IS, 1994.

The Clerk proceeded to read the Journal of the precedingSession.

Senator WEPER. Mr. President, I move that furtherreading of the Journal be dispensed with, and that the Journalbe approved.

On the question,Will the Senate agree to the motion?

The yeas and nays were required by Senator LOEPER andwere as follows, viz:

YEAS-SO

Aftlerbec:b Furno Madigan RobbinsAndrezeski Greenleaf Marks SalvatoreAnn&trong Hart Mellow SchwartzBaker HecJder Mowery ShatTerBelan Helfrick Musto ShumakerBell Holl O'Pake StapletonBodack .Jones Pec:ota StewartBortner 1ubelirer Petersoo StoutBrightbill LaValle Porterfield TIlghmanCorman Lemmond Punt WagnerDawida Lewis Reibman WeagerFauab Lincoln Rhoades WilliamsFisher Loeper

NAYS-o

A majority of the Senators having voted "aye," the questionwas determined in the affirmative.

The PRESIDENT. The Journal is approved.

SPECIAL ORDER OF BUSINESSGUEST OF SENATOR NOAH W. WENGER

PRESENTED TO THE SENATE

The PRESIDENT. The Chair recognizes the gentleman fromLancaster, Senator Wenger.

2346 LEGISLATIVE JOURNAL - SENATE JUNE 20,

Senator WENGER Mr. President, we have today in thegallery a special guest, a young man from my district inEphrata, Pennsylvania. He is a student at Lancaster CountryDay School. His name is Steve Piepgrass, and Steve is heretoday to observe the workings of the Senate. At this time Iwould like to introduce Steve to the Senate and ask for yourwelcome of Steve, our guest today.

The PRESIDENT. Would the guest of Senator Wengerplease rise. We welcome you to the floor of the Senate ofPennsylvania.

(Applause.)

GUEST OF SENATOR HAROLD F.MOWERY PRESENTED TO THE SENATE

The PRESIDENT. The Chair recognizes the gentleman fromCumberland, Senator Mowery.

Senator MOWERY. Mr. President, it gives me a great dealof pleasure to introduce Nathan Spade. Nathan lives in CampHill and goes to Cumberland Valley High School. He is afreshman, and one of the things he would ask today when heleaves is to get another up-to-date copy of the PennsylvaniaManual. We have a politician in the making. I would like foryou to welcome Nathan Spade.

The PRESIDENT. Would you please rise. We thank you foryour efforts as a Page and thank you for coming.

(Applause.)

GUEST OF SENATOR CHAKA FATTAHPRESENTED TO THE SENATE

The PRESIDENT. The Chair recognizes the gentleman fromPhiladelphia, Senator Fattah.

Senator FAITAH. Mr. President, I have' an extraordinaryhonor today to present to the Senate of Pennsylvania adaughter of the Commonwealth, who, more importantly, is mywife, Patricia Renfroe. Would you stand up please? Comeforth. Say hello, wave. Would the Senate welcome herappropriately.

The PRESIDENT. We are delighted to meet the real powerin the Fattah family. Welcome.

(Applause.) .

GUESTS OF SENATOR D. MICHAEL FISHERPRESENTED TO THE SENATE

The PRESIDENT. This is a very special introduction,particularly for those of us who hail from the western side ofthe State. The Chair recognizes the gentleman from Allegheny,Senator Fisher.

Senator FISHER Mr. President, it is indeed a specialintroduction, not just for people from western Pennsylvaniawho are Pirate fans, but hopefully for people alloverPennsylvania who are baseball fans, sports fans, and fans oftrue humanitarians.

Today we have with us in the Senate a young man, RobertoClemente, Jr., who is the son of the late star right fielder forthe Pittsburgh Pirates. As most of you know, on July 12 the

Pirates will be hosting the All-Star Game in Pittsburgh. Priorto that, on July 8 there will be an unveiling of the RobertoClemente statue near Three Rivers Stadium. Roberto, Jr., ishere in Harrisburg today with a resident of my senatorialdistrict, Mrs. Bonnie Goonan, and Roberto is president of theRoberto Clemente Foundation, for whom Bonnie also works.I am very pleased to be able to introduce to the Senate ofPennsylvania not only Mrs. Gorman but the son of one of thegreatest baseball players of all time, at least in my memory,and clearly the greatest baseball player to ever play for thePittsburgh Pirates, Roberto Clemente, Jr.

(Applause.)The PRESIDENT. It is with great pleasure that the Senate

of Pennsylvania welcomes Roberto Clemente, Jr.Mr. CLEMENfE. Thank you, Senator Fisher. Thank you

very much, Mr. President. It is an honor to be here to be ableto speak to you, and I thank you for the opportunity for thesebrief words. Believe me, I will be brief.

Something that I have bad in my mind is to help children,and being a Pittsburgher at heart, it is a great honor and apleasure to be back in Pittsburgh, living here since this pastSeptember, when I set up the Roberto Clemente Foundation.I believe that kids nowadays need self-esteem, need someoneto really care for them, and that is what I am here to do. I amhere to spread my love for youth, my knowledge of baseballand sports to these kids. There are people who are here witha mission. Your mission is to be sitting right here where youare. My mission is to be at a ballpark teaching kids how toplay baseball. That is what I am here on earth to do, andbelieve me, it is hard enough to play the game and try to reallylearn the game's basics and everything else only 2 months outof the year. It is really tough. I come from Puerto Rico wherethe sun shines all year around and we play baseball all yeararound That is why we have so many good ballplayers in themajor leagues.

So I would like, and I know it can be done, to leavesomething here in your thoughts, the thought of havingbaseball all year around in Pittsburgh for those kids, and it canbe done. There is an indoor driving range that converts intotwo baseball fields for the children all year round. It is abubble. Four teams can play simultaneously during the winter.We can train those kids, create this vehicle for scholarships forthe kids and to become professionals in a sport they love. It issomething that I believe will be done, and it will workbecause, believe me, I will be there teaching these kids myselfwith professional instructors. I believe there is so much talentin the State of Pennsylvania. I mean, we are talking about theGriffeys, the Stan Musials. We are talking about a lot of talentthat is thrown away because we need a place where kids canbe able to play baseball all year around

I just want to leave you with that thought, and I really thankyou very much for the time. I said I was going to be brief, andyou will be hearing from us, hopefully, in the near future withother things. With the statue unveiling on July 8, it is really agreat honor to be back home, and, hopefully, we can createsome very good vehicles for the youth of Pennsylvania.

1994 LEGISLATIVE JOURNAL - SENATE 2347

Thank you very much.(Applause.)

PERMISSION TO ADDRESS TIlE SENATE

The PRESIDENT. The Chair recognizes the gentleman fromBlair, Senator Jubelirer.

The PRESIDENT pro tempore. Mr. President. I would notwant the opportunity to go awry without making some remarksabout the previous speaker. To carry the name RobertoClemente is a huge challenge, and Roberto Clemente, Jr., doesthat extraordinarily well. I had the good fortune, I guess, to saythat I grew up in the 1950s and the 1960s and had theopportunity to see the 1960 and 1971 World Series and whatin my mind was the greatest baseball player to ever play thegame. And that player was a very unselfish player. He gave ofhimself to his teammates and to the city of Pittsburgh. whichwas fortunate to enjoy the exploits offensively and defensivelyof Roberto Clemente.

And how shall he be remembered? How shall we all beremembered? Roberto Clemente will not only be rememberedas a tremendous ballplayer, a great right fielder, someone whois in the Baseball Hall of Fame, but as a humanitarian, becausehe gave his life in a humanitarian way. And on that tragic NewYear's Eve, when his plane went down and he was on amission of mercy, it was one of the greatest losses that anyfamily could ever sustain, or a city or a State or a sport. Andin those days I guess it was a sport, not the kind of businessit is today. But in death Roberto Clemente lives in the childrenhe has helped through his son Roberto, Jr., through his wife inPuerto Rico, and in Pittsburgh. The helping of young people,of youth, to achieve a higher self-esteem, to have theopportunity for a better quality of life will be the final legacyof Roberto Clemente.

And so to his son, I say, thank you for coming to share thiswith us. We look fOIward to the dedication on July 8 inPittsburgh, and thank you for all you and your mother havedone in Puerto Rico. I know that the legacy of your father willcontinue to live on through you.

Thank you, Mr. President.The PRESIDENT. The Chair finds himself in the unusual

position of agreeing with everything that Senator Jubelirer hassaid.

The PRESIDENT pro tempore. Mr. President, I willremember that.

The PRESIDENT. The Chair remembers full well openingthe sports pages and finding Roberto Clemente's name at thetop of the National League batting average statisticsconsistently. He set a standard for excellence to which we canonly aspire.

GUESTS OF SENATOR MICHAEL A.O'PAKE PRESENTED TO THE SENATE

The PRESIDENT. The Chair recognizes the gentleman fromBerks, Senator O'Pake.

Senator O'PAKE. Mr. President. also in the gallery, I wishI could say it were Roger Penske, but we have visiting fromBerks County the manager of the employee benefitsadministration for the Penske Truck Leasing Corporation, Mr.Joseph A. O'Neill, as well as the vice president forgovernment affairs ofone ofthe largest chambers ofcommercein Pennsylvania, the Berks County Chamber ofCommerce, andthat is Robert T. Heise. I would ask that the Chair extend itsusual warm welcome to these two outstanding business people.

The PRESIDENT. Would the guests of Senator O'Pakeplease rise so that we could welcome you to the Chamber ofthe Senate of Pennsylvania.

(Applause.)

COMMUNICATIONS FROM THE GOVERNOR

NOMINATIONS REFERRED TO COMMITTEE

The PRESIDENT laid before the Senate the followingcommunications in writing from His Excellency, the Governorof the Commonwealth, which were read as follows andreferred to the Committee on Rules and ExecutiveNominations:

MEMBER OF THE PENNSYLVANIA mGHEREDUCATION ASSISTANCE AGENCY

June 17, 1994

To the Honorable, the Senate of the Commonwealth ofPennsylvania:

In conformity with law, I have the honor hereby to nominatefor the advice and consent of the Senate, Helen D. Wise, D.Ed.,R. D. 2, Box 166, Spring Mills 16875, Centre County, Thirtyfomth Senatorial District, for appointment as a member of thePennsylvania Higher Education Assistance Agency, to serve untilJune 30, 1999, and until her successor is appointed and qualified,vice Dr. Marvin Wachman, Philadelphia, whose term expired.

ROBERT P.CASEYGovernor

MEMBER OF TIlE STATE BOARDOF DENTISTRY

June 20, 1994


In conformity with law, I have the honor hereby to nominatefor the advice and consent of the Senate, Albert F. Giallorenzi,D.M.D., 401 Adams Avenue, Scranton 18510, LackawannaCounty, Twenty-second Senatorial District, for appointment asa member of the State Board of Dentistry, to serve for a term ofsix years or until his successor is appointed and qualified, butnot longer than six months beyond that period, vice Eli Stavisky,D.D.S., Clarks Summit, whose term expired.



MEMBER OF TIlE BLAIR COUNIYBOARD OF ASSISTANCE

June 20, 1994


In conformity with law, I have the honor hereby to nominatefor the advice and consent of the Senate, Viola P. Johnson(Democrat), 2016 Tenth Avenue, Altoona 16601, Blair County,Thirtieth Senatorial District, for appointment as a member of theBlair County Board of Assistance, to serve until December 31,1994, and wtil her successor is appointed and qualified, viceJoseph Ramsey, Duncansville, resigned.

ROBERT P. CASEYGovernor

HOUSE MESSAGES

BOUSE BILLS FOR CONCURRENCE

The Clerk of the House of Representatives presented to theSenate the following bills for concurrence, which were referredto the committee indicated:

June 16. 1994

DB 2828, 2829, 2830, 2831 and 2832 - Committee onAppropriations.

BILLS INTRODUCED AND REFERRED

The PRESIDENT laid before the Senate the followingSenate Bills numbered, entitled, and referred as follows, whichwere read by the Clerk:

June 16. 1994

Senator FISHER presented to the Chair SO 1773, entitled:An Act providing for the prevention of youth access to

tobacco.

Which was committed to the Committee on JUDICIARY,June 16, 1994.

Senators PETERSON, HELFRICK, MADIGAN, HOLL,AFFLERBACH, DAWIDA, BODACK, SCHWARTZ,O'PAKE and FAITAH presented to the Chair SB 1774,entitled:

An Act regulating the collection, retention, use ordissemination of confidential genetic infonnation.

Which was committed to the Committee on PUBLICHEALlH AND WELFARE, June 16, 1994.

Senators BORTNE~ PUNT, LAVALLE and PETERSONpresented to the Chair SO 1775, entitled:

An Act appropriating money from the Sunny Day Fwd tothe Department of Commerce for various projects throughoutthis Commonwealth for fiscal year 1994-1995.

Which was committed to the Committee onAPPROPRIAnONS, June 16, 1994.

Senators JUBELIRER, MADIGAN, PETERSON,SHAFFE~HELFRICK, CORMAN, LEMMOND, RHOADES,MARKS, BAKER, HART, GREENLEAF, ROBBINS,MOWERY, STAPLETON, SHUMAKER, FISHER, LOEPER,WENGER, BRIGHTBILL, SALVATORE, PUNT, MUSTO,ARMSTRONG, LAVALLE, BELL, HECKLER andSTEWART presented to the Chair SB 1776, entitled:

An Act amending the act of February 9, 1988 (P. L. 31, No.12), entitled "Low-Level Radioactive Waste Disposal Act,"deleting provisions relating to eminent domain.

Which was committed to the Committee onENVIRONMENfAL RESOURCES AND ENERGY, June 16,1994.

June 20, 1994

Senators PETERSON, HELFRICK, WENGER,SALVATORE, MOWERY and REffiMAN presented to theChair SB 1777, entitled:

An Act amending Title 42 (Judicial)' and Judicial Procedure)of the Pennsylvania Consolidated Statutes, further providing forthe payment of costs incurred in the apprehension, prosecutionand detention of children who escape or commit crimes whileunder commitment in an approved delinquency program.


Senators GREENLEAF, HART, HECKLER, SHAFFER,BRIGHTBILL and RHOADES presented to the ChairSB 1778, entitled:

An Act amending Title 42 (Judicial)' and Judicial Procedure)of the Pennsylvania Consolidated Statutes, further providing forthe issuance of warrants for the sentence of death; and makinga repeal.


Senators GREENLEAF, FISHER, HECKLER, O'PAKE,BRIGIITBILL and RHOADES presented to the ChairSO 1779, entitled:

An Act amending Title 42 (Judicial)' and Judicial Procedure)of the Pennsylvania Consolidated Statutes, providing forsentencing and other matters relating to high risk dangerousoffenders.


Senators GREENLEAF, FISHER, HART, HECKLE~

O'PAKE, BRIGHTBILL and RHOADES presented to theChair SB 1780, entitled:

An Act amending Title 42 (Judicial)' and Judicial Procedure)of the Pennsylvania Consolidated Statutes, providing for apsychiatric or psychological examination in certain cases.



Senators GREENLEAF, SCHWARTZ, SALVATORE,BRIGHTBILL and AFFLERBACH presented to the ChairSB 1781, entitled:

An Act regulating private safe deposit box companies;providing for the powers and duties of the Department ofBanking; and specifying penalties.

Which was committed to the Committee on BANKINGAND INSURANCE, June 20, 1994.

RESOLUTION INTRODUCED AND REFERRED

The PRESIDENT laid before the Senate the followingSenate Resolution numbered, entitled, and referred as follows,which was read by the Clerk:

June 16. 1994

DIRECTING TIlE LEGISLATIVE BUDGET ANDFINANCE COMMI1TEE TO CONDUCT A

PERFORMANCE AUDIT OF TIlE PENNSYLVANIAFISII AND BOAT COMMISSION

Senators BELL offered the following resolution (SenateResolution No. 146), which was read and referred to theCommittee on Game and Fisheries:

In the Senate, June 16, 1994

A RESOLUTION

Directing the Legislative Budget and Finance Committee toconduct a performance audit of the Pennsylvania Fish andBoat Commission.

WHEREAS, Certain matters have arisen relating to theoperation of the Pennsylvania Fish and Boat Commission;therefore be it

RESOLVED, That the Senate direct the Legislative Budgetand Finance Committee to conduct a performance audit of thePennsylvania Fish and Boat Commission; and be it further

RESOLVED, That the committee make a report of itsfmdings to the Senate as soon as practical.

SPECIAL ORDER OF BUSINESSANNOUNCEMENTS BY THE SECRETARY

The SECRETARY. Consent is given for the followingcommittees to meet during today's Session: The Committee onJudiciary at the break of recess in the Rules room to considerthe executive nomination of Fredric Ammerman to theClearfield County bench; the Committee on Appropriations toconsider Senate Bills No. 877, 1059, 1560, 1735 and HouseBills No. 217, 589, 2202, and 2830; and the Committee onRules and Executive Nominations to consider certainnominations.

REPORTS FROM COMMITTEES

Senator TILGHMAN, from the Committee onAppropriations, reported the following bills:

SB 376 (Pr. No. 2277) (Amended) (Rereported)

An Act establishing the Distance Learning Commission toformulate a State distance learning policy and confening powersand duties on the Department of Education.

SB 1380 (pr. No. 2200) (Rereported)

An Act providing for negotiated regulation and policyguidance proceedings by the Environmental Quality Board andfor the Department of Environmental Resources; authorizing theEnvironmental Quality Board to review requests for negotiatedregulation and policy guidance proceedings; creating the PublicRulemaking Assistance Fund; and authorizing the formation ofadvisory committees, the scheduling of workshops and publicmeetings and the formation of procedures for giving the publicaccess to department docwnents.

DB 358 (pr. No. 3475) (Rereported)

An Act amending the act of August 31, 1971 (P.L.398,No.96), known as the County Pension Law, providing for specialearly retirement incentives for county employees.

DB 490 (Pr. No. 3945) (Amended) (Rereported)

An Act amending Title 30 (Fish) of the PennsylvaniaConsolidated Statutes, prohibiting the use of gill nets on LakeErie.

DB 2372 (pr. No. 3817) (Rereported)

An Act amending the act of January 25, 1966 (1965P.L.1546, No.541), entitled "An act providing scholarships andproviding funds to secure Federal funds for qualified students ofthe Commonwealth of Pennsylvania who need financialassistance to attend postsecondary institutions of higher learning,making an appropriation, and providing for the administration ofthis act," further providing for the amount of scholarships andfor eligibility for scholarships.

DB 2624 (Pr. No. 3369) (Rereported)

An Act making appropriations from a restricted revenueaccount within the General Fund and from Federal augmentationfunds to the Pennsylvania Public Utility Commission.

DB 2828 (pr. No. 3737)

An Act making an appropriation from the State Employees'Retirement Fund to provide for expenses of the StateEmployees' Retirement Board for the fISCal year July I, 1994,to June 30, 1995, and for the payment of bills incurred andremaining unpaid at the close of the fiscal year ending June 30,1994.

DB 2829 (pr. No. 3774)

An Act making an appropriation from the Public SchoolEmployees' Retirement Fund to provide for expenses of thePublic School Employees' Retirement Board for the fiscal yearJuly I, 1994, to June 30, 1995, and for the payment of billsincurred and remaining unpaid at the close of the fiscal yearending June 30, 1994.


DB 2831 (pr. No. 3740)

An Act making appropriations from the ProfessionalLicensure Augmentation Account and from restricted revenue8CCOlDlts within the General Fund to the Department of State foruse by the Bureau of Professional and Occupational Affairs insupport of the professional licensure boards assigned thereto.

ANSWER TO ARTICLES OF IMPEACHMENTWITH NEW MATTER

AND NOW comes Justice Rolf Larsen, by and through hisattorney, William C. Costopoulos, Esquire, and respectfullyanswers the Articles of Impeachment exhibited by the House ofRepresentatives as follows:

DB 2832 (pr. No. 3741)

An Act making an appropriation to the Treasury Departmentout of the Fish Fund for payment of general obligation debtservice.

RESOLUTION REPORTED FROM COMMITTEE

Article I - Denied.Article II -- Denied.Article III - Denied.Article IV -- Denied.Article V - Denied.Article VI- Denied.Article VII- Denied.

LEGISLATIVE LEAVE CANCELLED

IMPEACHMENT SESSION

IN THE SENATECOMMONWEALTH OF PENNSYLVANIA

Senator TILGHMAN, from the Committee onAppropriations, reported the following resolution:

DR 263 (Pr. No. 3944) (Amended) (Rereported)

New Matter

1. The procedure used herein of creating a committee ofSenators to conduct an impeachment trial is lDlCOnstitutional inthat Article 6, Section 5 titled "Trial of impeachment" of thePennsylvania Constitution provides that "All impeachments shallbe tried by the Senate." A committee or groups of somemembers of the Senate is not the Senate. Further, Article 6,Section 5 in the next sentence provides "when sitting for thatpurpose the Senators shall be upon oath or affirmation." Thephrase "the Senators" does not mean some Senators or a groupof Senators - it means all of the Senators. And fmally, the thirdand last sentence in Article 6, Section 5 provides ''No personshall be convicted without the CODCUJTeDce of two-thirds of themembers present." Present where? Present at the impeachmenttrial. One of the main and vital purposes of a trial is todetermine credibility and credibility can only be determined byseeing and listening to the witnesses testify.

2. It is illegal for the Senate of Pennsylvania to delegate itsconstitutional obligations and powers.

3. No rules of evidence or procedure are available or increation as regards impeachment proceedings. Thus, a personaccused is subject to trial by whim and not trial by law.

4. The Senate of Pennsylvania has no jmisdiction to tryJustice Larsen because on June 13, 1994, the HonorableTerrence (sic) O'Brien of the Court of Common Pleas ofAllegheny County vacated by Order of Court Justice Larsen'soffice to the Supreme Court of Pennsylvania. Article 6, Section6 entitled "Officers liable to impeachment" of the PennsylvaniaConstitution provides ''"The Governor and all other civil officersshall be liable to impeachment...but judgment in such cases shallnot extend further than to removal from office.... Thus, per JudgeO'Brien's order, Justice Larsen is no longer within the purviewof Article 6, Section 6 and is thus not subject to the Senate ofPennsylvania trial of impeachment jmisdiction.

S. It would be an unconstitutional denial of due process andfundamental fairness in the nature of "double jeopardy" for theSenate of Pennsylvania to try Justice Larsen in light of theexisting Order of the Honorable Terrance (sic) O'Brien vacatingJustice Larsen's office. Additionally, Justice Larsen should nothave to go through a costly and protracted trial in the Senate inlight of the aforesaid removal Order. Also, the taxpayers ofPennsylvania should not have to pay for a costly and protractedtrial in the Senate in light of the aforesaid removal Order.

Wherefore, Justice Larsen requests that the impeachmentproceedings be dismissed.

Respectfully Submitted:

WILLIAM C. COSTOPOULOS, Esquire

ARTICLESOF

IMPEACHMENT

IN RE:HONORABLE ROLF LARSENJUSTICE, SUPREME COURTOF PENNSYLVANIA

A Concurrent Resolution directing the Joint Legislative Airand Water Pollution Control and Conservation Committee tostudy the issues concerning the regeneration and management ofPennsylvania's forests; and creating a task force.

The PRESIDENT. The resolution will be placed on theCalendar.

The PRESIDENT. The Chair would call upon the gentlemanfrom Delaware, Senator Loeper, at this time for a matterrelating to the Impeachment Session.

Senator LOEPER Mr. President, at this time I move thatthe Senate resolve itself into Impeachment Session.

The PRESIDENT. Senator Loeper moves that the Senate donow resolve itself into Impeachment Session for the purposeof transacting some business.

The motion was agreed to.

The PRESIDENT. The Chair lays before the Senate JusticeRolf Larsen's Answer and New Matter to the Articles ofImpeachment, which the Clerk will read.

(The Clerk read the following Answer to Articles ofImpeachment with New Matter, which were made a part of therecord:)

The PRESIDENT. The Chair recognizes the gentleman fromPhiladelphia, Senator Williams.

Senator WILLIAMS. Mr. President, I rise to be recognizedthat I am here on the floor.

The PRESIDENT. Senator Williams is with us, and hislegislative leave will be cancelled.


Costopoulos, Foster & Fields831 Market Street/P.O. Box 222Lemoyne, PA 17043Phone: (717) 761-2121ATIORNEY FOR JUSTICE lARSEN

DATED: June 20, 1994.

The PRESIDENT. Pursuant to Senate Resolution No. 140,this will be referred to the Senate's Impeachment Committee.

IMPEACHMENT SESSION RISES

Senator WEPER Mr. President, I move that theImpeachment Session do now rise.

The motion was agreed to.

RECESS

The PRESIDENT. The Chair recognizes the gentleman fromDelaware, Senator Looper.

Senator WEPER Mr. President, at this time I would askfor a recess of the Senate for the purpose of a Republicancaucus to begin immediately in the first floor caucus room,with an expectation of returning to the floor at approximately5 o'clock.

The PRESIDENT. The Chair recognizes the gentleman fromLackawanna, Senator Mellow.

Senator MELLOW. Mr. President, I would request thatMembers of the Democratic Caucus report immediately to ourcaucus room in the rear of the Chamber.

The PRESIDENT. For purposes of Democratic andRepublican caucuses to begin immediately, the Senate willstand in recess.

AFTER RECESS

The PRESIDENT. The time of recess having expired, theSenate will come to order.

CALENDAR

SO 855 CALLED UP our OF ORDER

SB 855 (pr. No. 2241) - Without objection, the bill wascalled up out of order, from page 3 of the Third ConsiderationCalendar, by Senator LOEPER, as a Special Order of Business.

BILL ON THIRD CONSIDERATIONAND FINAL PASSAGE

SO 855 (Pr. No. 2241) - The Senate proceeded toconsideration of the bill, entitled:

An Act amending the act of June 2, 1915 (P. L. 736, No.338), entitled, as reenacted and amended, "Workers'Compensation Act," further providing for the schedule ofcompensation for pennanent disability relating to hearing loss.

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?

LEGISLATIVE LEAYES

The PRESIDENT. The Chair recognims the gentleman fromDelaware, Senator Loeper.

Senator LOEPER Mr. President, Senator Fisher has beencalled from the floor, and I would request a temporary Capitolleave on his behalf.

The PRESIDENT. Senator Loeper requests a temporaryCapitol leave for Senator Fisher. The Chair hears no objection.The leave will be granted.

The Chair recognizes the gentleman from Indiana, SenatorStapleton.

Senator STAPLETON. Mr. President, I am requesting atemporary Capitol leave for Senator Dawida at this time.

The PRESIDENT. Senator Stapleton requests a temporaryCapitol leave for Senator Dawida. The Chair hears noobjection. The leave will be granted.

The Chair recognizes the gentleman from Indiana, SenatorStapleton.

Senator STAPLETON. Mr. President, I request temporaryCapitol leaves for Senator O'Pake and Senator Lewis, and alegislative leave for Senator Lincoln. .

The PRESIDENT. Senator Stapleton requests temporaryCapitol leaves for Senator O'Pake and Senator Lewis, and alegislative leave for Senator Lincoln. The Chair hears noobjection. Those leaves will be granted.

And the question recurring,Shall the bill pass finally?

The PRESIDENT. The Chair recognizes the gentleman from.Chester, Senator Baker.

Senator BAKER Mr. President, I would like to thank thosewho have worked with me on the hearing loss amendment tothe workers' compensation bill. This is, in a way, a trailer tothe omnibus refonn bill that passed last year. It is veryspecific. It is a rifle shot, as it were. It stands on its own andit is bipartisan in nature. It defines hazardous noise. Itestablishes defined criteria, and it provides for evaluation andnotification to workers of hearing loss. It establishes areasonable timeframe for the filing of claims. It removessubjectivity from the system and establishes a reasonable andresponsible benefit level and eliminates needless litigation andrelated delay and expense. I would appreciate support for this.

Thank you.The PRESIDENT. The Chair recognizes the gentleman from

Delaware, Senator Looper.Senator WEPER Mr. President, I also would encourage an

affinnative vote on this piece of legislation.It was a critical issue that, unfortunately, was not addressed

in the original workmen's compensation reform bill whichpassed this Senate significantly, and I believe it is a situationthat is going to benefit certainly many of the workers, as wellas provide a benefit to all Pennsylvanians.


I certainly commend the gentleman from Chester, SenatorBaker, for his work on this particular legislation and also thegentleman from Lackawanna, Senator Mellow, in order to getit to this point, and the gentleman from Bradford, SenatorMadigan, and I would ask for an affirmative vote.

The PRESIDENf. The Chair recognizes the gentleman fromLackawanna, Senator Mellow.

Senator MELLOW. Mr. President, just very briefly, this ispart of the final package of things that we started quite a whileago, especially last year when it was really brought to a headwith the final reform of workers' compensation, and part ofthat was to include this hearing loss proposal.

Mr. President, it is a Senate bill and it certainly is going toneed work in the House of Representatives, and this would bea good first step to continue to show the interest that we havenot only in the worker but also in the business climate inPennsylvania. What it does, Mr. President, is clears up,through the bill, a number of the deficiencies that currentlyexist in law and in the way that it is being handled. I think itis important that we have an affirmative vote so that we canmove it on to another level for its discussion and deliberationin the House of Representatives.

Thank you.

And the question recurring,Shall the bill pass finally?

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

AftlerbachArmstrongBakerBrightbillConnanFisherGreenleafHartHeckler

AndrezeskiBelanBellBodackBortner

HelfrickHollJubelirerLemmondLewisLoeperMadiganMarks

DawidaFattahFurnoJones

YEAS-33

MellowMoweryMustoO'PakePecoraPetersonPuntReibman

NAYS-17

LaValleLincolnPorterfieldRhoades

RobbinsSchwartzShatTerShumakerStapletonStewartTilghmanWenger

SalvatoreStoutWagnerWilliams

RECESS

The PRESIDENf. The Chair recognizes the gentleman fromDelaware, Senator Loeper.

Senator LOEPER. Mr. President, at this time I would askfor a very brief recess of the Senate, first, for the purpose ofa meeting of the Committee on Appropriations, then to befollowed by a meeting of the Committee on Rules andExecutive Nominations in the Rules room at the rear of theSenate Chamber.

The PRESIDENf. For purposes of a meeting of theCommittee on Appropriations to be held in the Rules room atthe rear of the Senate Chamber, followed immediately by ameeting of the Committee on Rules and ExecutiveNominations, the Senate will stand in recess.

AFTER RECESS

The PRESIDENT pro tempore (Robert C. Jubelirer) inthe Chair.

The PRESIDENf pro tempore. The time of recess havingexpired, the Senate will corne to order.

REPORT FROM COMMITTEE ONRULES AND EXECUTIVE NOMINATIONS

Senator SALVATORE, from the Committee on Rules andExecutive Nominations, reported the following nominationsmade by His Excellency, the Governor of the Commonwealth,which were read by the Clerk as follows:

SECRETARY OF TIlE COMMONWEALTIl

May 2, 1994


In confonnity with law, I have the honor hereby to nominatefor the advice and consent of the Senate, The Honorable RobertN. Grant, 808 Kent Drive, Mechanicsburg 17055, CumberlandCounty, Thirty-fIrst Senatorial District, for appointment asSecretaIy of the Commonwealth, to serve until superseded, viceThe Honorable Brenda K. Mitchell, Camp Hill, resigned.


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.

LEGISLATIVE LEAVES CANCELLED

The PRESIDENf. The Chair recognizes the presence on thefloor of Senator Andrezeski. His legislative leave will becancelled.

Senator Robbins is also with us. His temporary Capitolleave will be cancelled.

MEMBER OF TIlE BOARD OF GOVERNORS OFTHE STATE SYSTEM OF HIGHER EDUCATION

May 12, 1994


In conformity with law, I have the honor hereby to nominatefor the advice and consent of the Senate, Jennifer M. Alexander,1842 Arnold Street, Philadelphia 19152, Philadelphia COlmty,Fifth Senatorial District, for appointment as a member of theBoard of Governors of the State System of Higher Education, to


serve until graduated or separated, vice Irvin Hartman., Jr.,separated.


MEMBER OF TIlE BOARD OF GOVERNORS OFTIlE STATE SYSTEM OF HIGHER EDUCATION

May 12, 1994


In confonnity with law, I have the honor hereby to nominatefor the advice and consent of the Senate, Jeremy A. Haugh, 76Twin HilI Drive, Waynesboro 17268, Franklin County, Thirtythird Senatorial District, for appointment as a member of theBoard of Governors of the State System of Higher Education, toserve until graduated or separated, vice Janice L. Michaud,Lawrenceville, New Jersey, graduated.


MEMBER OF TIlE COUNCIL OF TRUSTEES OFINDIANA UNIVERSfIY OF PENNSYLVANIA

April 7. 1994


In conformity with law, I have the honor hereby to nominatefor the advice and consent of the Senate, Susan Snell Delaney,122 Greenview Drive, Indiana 15701, Indiana County, Forty-ftrstSenatorial District, for reappointment as a member of theCouncil of Trustees of Indiana University of Pennsylvania, toserve until the third Tuesday of January 1999, and until hersuccessor is appointed and qualifted.


MEMBER OF THE COUNCIL OF TRUSTEES OFINDIANA UNIVERSITY OF PENNSYLVANIA

April 7, 1994


In conformity with law, I have the honor hereby to nominatefor the advice and consent of the Senate, Wayne C. Gorell, 7Whites Wood Trail, Indiana 15701, Indiana County, Forty-ftrstSenatorial District, for appointment as a member of the Councilof Trustees of Indiana University of Pennsylvania, te;> serve untilthe third Tuesday of January 1995, and until his successor isappointed and qualified, vice Roy R. Fainnan, Punxsutawney,deceased.


ruDGE, COURT OF COMMON PLEAS,CLEARFIELD COUNTY

May 20, 1994


In confonnity with law, I have the honor hereby to nominatefor the advice and consent of the Senate, Fredric J. Ammerman,Esquire, 129 South West 11rird Avenue, Clearfield 16830,Clearfield County, Thirty-fifth Senatorial District, forappointment as Judge of the Court of Common Pleas ofClearfield County, to serve until the ftrst Monday of January,1996, vice The Honorable Joseph S. Ammerman, resigned


MEMBER OF TIIE COUNCIL OF TRUSTEES OFLOCK HAYEN UNIVERSfIY OF PENNSYLVANIA

OF TIlE STATE SYSTEM OF HIGHER EDUCATION

May 20, 1994


In confonnity with law, I have the honor hereby to nominatefor the advice and consent of the Senate, Larry Hunter Lytle,M.D., 23 Hemlock Drive, Box 790, Lock Haven 17745, ClintonCounty, Thirty-fourth Senatorial District, for appointment as amember of the Council of Trustees of Lock Haven University ofPennsylvania of the State System of Higher Education, to serveuntil the third Tuesday of January 1999, and until his successoris appointed and qualifted, vice Michael K. Hanna, Sr., Esquire,Lock Haven, whose term expired.


MEMBER OF TIlE PENNSYLVANIAPUBLIC UTILfIY COMMISSION

February 15, 1994


In confonnity with law, I have the honor hereby to nominatefor the advice and consent of the Senate, David W. Rolka, 855Mandy Lane, Camp Hill 17011, Cumberland County, Thirty-ftrstSenatorial District, for reappointment as a member of thePennsylvania Public Utility Commission, to serve until April 1,1999, or until his successor is appointed and qualifIed, but notlonger than six months beyond that period.


MEMBER OF THE LACKAWANNA COUNlYBOARD OF ASSISTANCE

April 6, 1994


In conformity with law, I have the honor hereby to nominatefor the advice and consent of the Senate, Terrence 1. McDonald(Democrat), 2325 North Washington Avenue, Scranton 18512,Lackawanna County, Twenty-second Senatorial District, for


appointment as a member of the Lackawanna County Board ofAssistance, to serve until December 31, 1996, and until hissuccessor is appointed and qualified, to add to complement.


DISTRICT JUSTICE

April 4, 1994


In conformity with law, I have the honor hereby to nominatefor the advice and consent of the Senate, Mary K. Wheeler,Esquire, 223 Swnner Street, Cresson 16630, Cambria County,Thirty-fifth Senatorial District, for appointment as DistrictJustice, in and for the County of Cambria, Magisterial District47-3-04, to serve until the fIrSt Monday of January 1996, viceKenneth Robine, resigned


DISTRICT JUSTICE

April 4, 1994


In conformity with law, I have the honor hereby to nominatefor the advice and consent of the Senate, Edward A. Pane, 109South Wyoming Street, Hazleton 18201, Luzerne County,Fourteenth Senatorial District, for appointment as DistrictJustice, in and for the County of Luzerne, Magisterial District11-1-03, to serve until the fIrSt Monday of January 1996, viceMichael T. Conahan, Esquire, resigned.


NOMINATIONS LAID ON THE TABLE

Senator SALVATORE. Mr. President, I request that thenominations just read by the Clerk be laid on the table.

The PRESIDENT pro tempore. The nominations will be laidon the table.

REPORTS FROM COMMITTEE

Senator TILGHMAN, from the Committee onAppropriations, reported the following bills:

SB 877 (pr. No. 2032) (Rereported)

An Act providing for the tax exemption of institutions ofpurely public charity; and making repeals.

SB IOS9 (Pr. No. 2279) (Amended) (Rereported)

An Act amending Titles 1 (General Provisions), 13(Commercial Code), 15 (Corporations and UnincorporatedAssociations), 42 (Judiciary and Judicial Procedure) and 54(Names) of the Pennsylvania Consolidated Statutes, relating toassociations; providing for defmitions; further providing for

registered limited liability partnerships and for limited liabilitycompanies; making conforming changes to existing provisions oflaw; and making a repeal.

SB 1560 (pr. No. 2280) (Amended) (Rereported)

A Supplement to the act of (P. L. ,No. ), entitled"An act providing for the capital budget for the fiscal year 19941995," itemizing public improvement projects, finniture andequipment projects, transportation assistance projects,redevelopment assistance and redevelopment assistance capitalprojects, flood control projects and Keystone Recreation, Parkand Conservation projects to be constructed or acquired orassisted by the Department of General Services, the Departmentof Environmental Resources, the Department of CommunityAffairs, the Department of Transportation, the Pennsylvania Fishand Boat Commission, or the Pennsylvania Game Commissiontogether with their estimated fmancial costs; authorizing theincurring of debt without the approval of the electors for thepurpose of financing the projects to be constructed or acquiredor assisted by the Department of General Services, theDepartment of Environmental Resources, the Department ofCommunity Affairs or the Department of Transportation; statingthe estimated useful life of the projects; authorizing certainwaivers; making appropriations; and making repeals.

SB 1735 (Pr. No. 2281) (Amended) (Rereported)

An Act amending Title 42 (Judiciary and Judicial Procedure)of the Pennsylvania Consolidated Statutes, further providing forthe number of judges of the courts of common pleas in certainjudicial districts.

DB 217 (Pr. No. 3768)

A Joint Resolution proposing an amendment to theConstitution of the Commonwealth of Pennsylvania, authorizingan exclusion from taxation of either a portion of the marketvalue of homestead property or a portion of the market value ofall real property.

DB 589 (pr. No. 3955) (Amended) (Rereported)

An Act amending the act of April 9, 1929 (P. L. 177, No.175), known as The Administrative Code of 1929, furtherproviding for annual liquor license fees; granting exceptions tothe certificate of need provisions for a certain hospital; providingfor emergency license extensions; providing for review ofapplications for certificates of need; and further providing for thepower of the Department of Labor and Industry to superviseemployment agencies.

DB 2830 (Pr. No. 3956) (Amended)

An Act making appropriations from the Workmen'sCompensation Administration Fund to the Department of Laborand Industry and the Department of Commerce to provide forthe expenses of administering the Workers' Compensation Act,The Pennsylvania Occupational Disease Act and the Office ofSmall Business Advocate for the fiscal year July I, 1994, toJune 30, 1995, and for the payment of bills incurred andremaining unpaid at the close of the fiscal year ending June 30,1994.


CALENDAR

THIRD CONSIDERATION CALENDAR

BILL REREPORTED FROM COMMITTEEAS AMENDED OVER IN ORDER

DB 103 - Without objection, the bill was passed over in itsorder at the request of Senator LOEPER

BILL ON llIIRD CONSIDERATIONAND FINAL PASSAGE

SB 12 (pr. No. 12) - The Senate proceeded toconsideration of the bill, entitled:

An Act amending Title 75 (Vehicles) of the PennsylvaniaConsolidated Statutes, further providing for the identification ofdrivers of vehicles.

Considered the third time and agreed to,



YEAS-50

Afllerbach Furno Madigan RobbinsAndrezeski Greenleaf Marks SalvatoreAnnstrong Hart Mellow SchwartzBaker Heckler MoweIY ShafferBelan Helfrick Musto ShumakerBell Holl O'Pake StapletonBodack Jones Pecora StewartBortner Jubelirer Peterson StoutBrightbill laValle Porterfield TilghmanCorman Lenunond Punt WagnerDawida Lewis Reibman WengerFattah Lincoln Rhoades WilliamsFisher Loeper

NAYS-o

A constitutional majority of all the Senators having voted"aye," the question was detennincd in the affinnative.


BILLS OVER IN ORDER

SB 15, HB 162, SO 386, SO 416 and SO 532 - Withoutobjection, the bills were passed over in their order at therequest of Senator LOEPER

BILL ON llIIRD CONSIDERATIONAND FINAL PASSAGE

SB 539 (Pr. No. 576) - The Senate proceeded toconsideration of the bill, entitled:

An Act amending Title 75 (Vehicles) of the PennsylvaniaConsolidated Statutes, further establishing a duty to stop vehiclesat accident scenes; and providing an exception from the duty foremergency vehicles.

Considered the third time and agreed to,



YEAS-SO

Aftlerbach Furno Madigan RobbinsAndrezeski Greenleaf Marks SalvatoreAnnstrong Hart Mellow SchwartzBaker Heckler MoweIY ShafferBelan Helfrick Musto ShumakerBell Holl O'Pake StapletonBodack lones Pecora StewartBortner Jubelirer Peterson StoutBrightbill laValle Porterfield TtlgbmanCorman Lemmond Punt WagnerDawida Lewis Reibman WengerFattah Lincoln Rhoades WilliamsFisber Loeper

NAYS-O



BILL ON llIIRD CONSIDERATION AMENDED

HB 553 (Pr. No. 3911) - The Senate proceeded toconsideration of the bill, entitled:

An Act amending the act of April 12, 1951 (P.L.90, No.21),known as the Liquor Code, extending enforcement powers ofliquor control enforcement officers; authorizing a voterreferendum to consider issuing liquor licenses to certain clubs indry mtmicipalities; and further providing for unlawful acts.

On the question,Will the Senate agree to the bill on third consideration?Senator SHUMAKER, on behalf of himself and Senator

PUNT, offered the following amendment No. A3471:

Amend Title, page 1, lines 18 and 19, by striking out"AUTHORIZING A VOTER REFERENDUM TO CONSIDERISSUING LIQUOR LICENSES TO CERTAIN CLUBS IN DRYMUNICIPALmES;"

Amend Title, page 1, line 20, by inserting after"PROVIDING": for local options and

Amend Sec. 1, page 1, line 23, by striking out "Section 211"and inserting: Sections 211 and 472

Amend Sec. 1, page 1, line 25, by striking out "is" andinserting: are

Amend Sec. 1, page 5, by inserting between lines 26 and 27:Section 472. Local Option.-!!} In any municipality or any

part of a municipality where such municipality is split so thateach part thereof is separated by another municipality, anelection may be held, subject to subsection (c), on the date ofthe primary election immediately preceding any municipalelection, but not oftener than once in four years, to determine thewill of the electors with respect to the granting of liquor licensesto hotels, restaurants and clubs, not oftener than once in four


years, to determine the will of the electors with respect to thegranting of liquor licenses to privately-owned private golfcourses, not oftener than once in four years, to determine thewill of the electors with respect to the granting of licenses toretail dispensers of malt and brewed beverages, not oftener thanonce in four years, to determine the will of the electors withrespect to granting of licenses to wholesale distributors andimporting distributors, not more than once in two years todetermine the will of the electors with respect to the granting ofclub liquor licenses or club retail dispenser licenses toincorporated units of national veterans' organizations. or notmore than once in four years, to determine the will of theelectors with respect to the establishment, operation andmaintenance by the board of Pennsylvania liquor stores, withinthe limits of such municipality or part of a split municipality,under the provisions of this act: Provided, however, Where anelection shall have been held at the primary preceding amunicipal election in any year, another election may be heldWlder the provisions of this act at the primary occwring thefourth year after such prior election: And provided further, Thatan election on the question of establishing and operating a Stateliquor store shall be initiated only in those municipalities, or thatpart of a split municipality that shall have voted against thegranting of liquor licenseS; and that an election on the questionof granting wholesale distributor and importing distributorlicenses shall be initiated only in those municipalities or parts ofsplit municipalities that shall have at a previous election votedagainst the granting of dispenser's licenses. Whenever electorsequal to at least twenty-five per centum of the highest vote castfor any office in the municipality or part of a split municipalityat the last preceding general election shall file a petition with theCOWlty board of elections of the county for a referendum on thequestion of granting any of said classes of licenses or theestablishment of Pennsylvania liquor stores, the said COWltyboard of elections shall cause a question to be placed on theballots or on the voting machine board and submitted at theprimary immediately preceding the municipal election. Separatepetitions must be filed for each question to be voted on. Saidproceedings shall be in the manner and subject to the provisionsof the election laws which relate to the signing, filing andadjudication of nomination petitions, insofar as such provisionsare applicable.

When the question is in respect to the granting of liquorlicenses, it shall be in the following form:

Do you favor the granting of liquor licensesfor the sale of liquor in........................ Yesof. ? NoWhen the question is in respect to the granting of liquor

licenses, for privately-owned private golf courses, it shall be inthe following form:

Do you favor the granting of liquor licenses forprivately-owned private golf courses for the saleof liquor in by.................. Yesof ? NoWhen the question is in respect to the granting of licenses to

retail dispensers of malt and brewed beverages, it shall be in thefollowing form:

Do you favor the granting of malt and brewedbeverage retail dispenser licenses forconsumption on premises where sold in the........ Yesof ? NoWhen the question is in respect to the granting of licenses to

wholesale distributors of malt or brewed beverages andimporting distributors, it shall be in the following form:

Do you favor the granting of malt and brewedbeverage wholesale distributor's and importingdistributor's licenses not for coD$umption onpremises where sold in the....................... Yesof. ? NoWhen the question is in respect to the granting of club liquor

licenses to incorporated units of national veterans' omnizations.it shall be in the following form:

Do you favor the granting of club liquor licensesto incorporated units of national veterans' rnwmizationsin the........................................... Yesof. ? NoWhen the question is in respect to the granting of club retail

dispenser licenses to incorporated units of national veterans'nwmizations. it shall be in the following form:

Do you favor the granting of club retail dispenserlicenses to incorporated units of national veterans'nrganillltions in the............................. Yesof ? NoWhen the question is in respect to the establishment,

operation and maintenance of Pennsylvania liquor stores it shallbe in the following form:

Do you favor the establishment, operationand maintenance of Pennsylvania liquorstores in the.................................... Yesof ? NoIn case of a tie vote, the status quo shall obtain. If a majority

of the voting electors on any such question vote "yes," thenliquor licenses shall be granted by the board to hotels,restaurants and clubs, or liquor licenses shall be granted by theboard to privately-owned private golf courses, or malt andbrewed beverage retail dispenser licenses or wholesaledistributor's and importing distributor's license for the sale ofmalt or brewed beverages shall be granted by the board, or clubliquor licenses or club retail dispenser licenses shall be grantedby the board to incorporated units of national veterans'organizations. or the board may establish, operate and maintainPennsylvania liquor stores, as the case may be, in suchmunicipality or part of a split municipality, as provided by thisact; but if a majority of the electors voting on any such questionvote "no," then the board shall have no power to grant or torenew upon their expiration any licenses of the class so votedupon in such municipality or part of a split municipality; or ifthe negative vote is on the question in respect to theestablishment, operation and maintenance of Pennsylvania liquorstores, the board shall not open and operate a Pennsylvanialiquor store in such municipality or part of a split municipality,nor continue to operate a then existing Pennsylvania liquor storein the municipality or part of a split municipality for more thantwo years thereafter or after the expiration of the term of thelease on the premises occupied by such store, whichever periodis less, unless and Wltil at a later election a majority of thevoting electors vote "yes" on such question.

(b) To be eligible for the local option under this section. theincotporated unit of a national veterans' organization must havebeen incotporated on or before a date ten years prior to the filingof its application after authorization Wlder local option. In eachmunicipality. licenses approved under the local option forincorporated units of national veterans' nrganizations may notexceed four.

ec) For the [JISt year that the local option is authorized forthe incomorated units of national veterans' organizations. thelocal option election for the incorporated units of national


veterans' organimtions may be held at the primary electionpreceding any election.

Amend Bill, page 6, lines 12 through 30; page 7, line 1, bystriking out all of said lines on said pages

Amend Sec. 3, page 7, line 2, by striking out "3" andinserting: 2


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 WEPER

BILLS OVER IN ORDER

SO 561, SO 562, SO 678, SO 794, SO 896, SO 1057, SO1958, SO 1288, SO 1400, SB 1504, liB 1514, SO 1526, SO1569 and SO 1596 - Without objection, the bills were passedover in their order at the request of Senator LOEPER

BILL LAID ON TIlE TABLE


An Act amending the act of April 4, 1984 (P. L. 193, No.40), entitled "Motor Vehicle Procurement Act," further providingfor purchase or lease of certain motor vehicles.

Upon motion of Senator LOEPER, and agreed to, the billwas laid on the table.

BILLS OVER IN ORDER

SB 1708, SB 1727, SB 1728 and SB 1729 - Withoutobjection, the bills were passed over in their order at therequest of Senator LOEPER

BILL LAID ON TIlE TABLE

DB 2348 (Pr. No. 3771) - The Senate proceeded toconsideration of the bill, entitled:

An Act authorizing and directing the Department of GeneralServices, with the approval of the Governor and the Secretary ofPublic Welfare, to convey tracts of land situate in the City ofPhiladelphia, Philadelphia COWlty; and authorizing the release ofProject SOO restrictions imposed on certain lands owned by theBorough of Grove City, Mercer County.

Upon motion of Senator LOEPER, and agreed to, the billwas laid on the table.

BILL ON TIlIRD CONSIDERATIONAND FINAL PASSAGE

DB 2467 (pr. No. 3910) - The Senate proceeded toconsideration of the bill, entitled:

An Act amending the act of April 12, 1951 (P.L.90, No.21),known as the Liquor Code, providing for secondary serviceareas, for wine auction permits and for premises to be vacatedby patrons.

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

required by the Constitution,



YEAS-50

Aftlerbach FuDlO Madigan RobbinsAndre:zeski Greenleaf Marks SalvatoreAnnstrong Hart Mellow SchwartzBaker Heckler Mowery ShafferBelan Helfrick Musto ShumakerBell Holl O'Pake StapletonBodack Jones Pecora StewartBortner Jubelirer Peterson StoutBrightbill LaValle Porterfield TilghmanConnan Lemmond Punt WagnerDawida Lewis Reibman WengerFattah Lincoln Rhoades WilliamsFisher Loeper

NAYS-O


Ordered, That the Secretary of the Senate return said bill tothe House of Representatives with information that the Senatehas passed the same with amendments in which concurrenceof the House is requested.

SECOND CONSIDERATION CALENDAR

BILL REREFERRED


An Act amending Title 23 (Domestic Relations) of thePennsylvania Consolidated Statutes, further providing forinvoluntary termination of parental rights, for definitions and forinformation on prospective child-care personnel.

Upon motion of Senator LOEPER, and agreed to, the billwas rereferred to the Committee on Appropriations.

BILLS OVER IN ORDER

DB 287, DB 296, SO 602, SB 603, SB 738, SB 997, SO998, SB 999, DB 1135, DB 1145, DB 1146, SO 1158, SO1159, DB 1242, DB 1244, DB 1247, DB 1249, DB 1250 andDB 1251 - Without objection, the bills were passed over intheir order at the request of Senator WEPER

BILL ON SECOND CONSIDERATION AMENDED


An Act amending Title 75 (Vehicles) of the PennsylvaniaConsolidated Statutes, further providing for defmitions, forapplication for certificate of title, for vehicles exempt from


registration, for registration plates for manufacturers and dealers,for use of dealer registration plates, for wild resourceconservation plates, for surrender of registration plates and cardsupon suspension or revocation, for suspension of operatingprivilege for failure to respond to citation, for revocation ofhabitual offender's license, for occupational limited license, forfarm vehicles and for information concerning drivers andvehicles; providing for secure power of attorney; furtherproviding for requirement for periodic inspection of vehicles;providing for the institution of criminal proceedings byemployees of the Department of Transportation and theDepartment of Revenue and for widths of motor homes andrecreational trailers; and further providing for odometerdisclosure requirements.

On the question,Will the Senate agree to the bill on second consideration?Senator CORMAN offered the following amendment No.

A33S4:

Amend Title, page I, line 19, by striking out "AND" whereit appears the third time

Amend Title, page I, line 20, by removing the period after"REQUIREMENTS" and inserting: ; providing for payment toDepartment of Transportation by credit or debit card andelectronic funds transfer; and making a repeal.

Amend Bill, page 19, by inserting between lines 23 and 24:Section 9. In pursuing the directives of section 8(a) of the

act of December 16, 1992 (P.L.l250, No.1 66), entitled "An actamending Title 75 (Vehicles) of the Pennsylvania ConsolidatedStatutes, providing for the implementation and administration ofan enhanced vehicle emission inspection program; furtherproviding for administrative duties of the Department ofTransportation for certain services and the Department ofEnvironmental Resources; providing for an alternative fuels grantprogram; establishing the Alternative Fuels Incentive GrantFund; and making an appropriation," the Department ofTransportation is authorized to contract with private entities forthe purpose of development, administration and operation of asystem which will permit electronic transactions, payment bycredit or debit card and electronic funds transfer. Contractedprivate entities shall be permitted to charge a reasonable fee tocustomers for providing these services. A third party operatinga secured-host computer system interfacing with the computersystem of the Department of Transportation must be bonded inan amowt specified by the Department of Transportation andshall maintain transaction audit trails for a period of timespecified by the Department of Transportation. The Departmentof Transportation shall provide a written report of its activitiesrelating to decentralized motor vehicle and driver's licensetransaction services to the Transportation Committee of theSenate and the Transportation Committee of the House ofRepresentatives by November 30, 1994.

Section 10. Section 8(a)(5) and (b)(I) of the act ofDecember 16, 1992 (P.L.l250, No.1 66), entitled "An actamending Title 75 (Vehicles) of the Pennsylvania ConsolidatedStatutes, providing for the implementation and administration ofan enhanced vehicle emission inspection program; furtherproviding for administrative duties of the Department ofTransportation for certain services and the Department of

Environmental Resomces; providing for an alternative fuels grantprogram; establishing the Alternative Fuels Incentive GrantFund; and making an appropriation," is repealed.


Amend Sec. 9, page 20, lines 1 through 3, by striking out allof lines 1 and 2 and "(4)" in line 3 and inserting: (3)

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

On the question,Will the Senate agree to the bill on second consideration, as

amended?Senator CORMAN offered the following amendment No.

A29S4 and, if agreed to, asked that the bill be considered forthe second time:

Amend Sec. 3 (Sec. 1924), page 15, line 10, by insertingafter "GROSS": vehicle

Amend Sec. 3 (Sec. 1924), page IS, line 14, by insertingafter "GROSS" where it appears the second time: vehicle

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

And the question recurring,Will the Senate agree to the bill on second consideration, as

amended?It was agreed to.Ordered, To be printed on the Calendar for third

consideration.

BILLS OVER IN ORDER

DB 1344 and SB 1532 - Without objection, the bills werepassed over in their order at the request of Senator LOEPER

BILL REREFERRED


An Act amending the act of July 9, 1971 (P. L. 206, No.34), entitled, as reenacted and amended, "Improvement ofDeteriorating Real Property or Areas Tax Exemption Act,"further providing for the maximum exemption.


BILL OVER IN ORDER

DB 1637 - Without objection, the bill was passed over inits order at the request of Senator LOEPER

BILL RECOMMfITED

SB 1659 (pr. No. 2059) - The Senate proceeded toconsideration of the bill entitled:


An Act amending the act of November 29, 1967 (P. L. 636,No. 292), entitled "Neighborhood Assistance Act," providing forcommunity service projects; further providing for tax credits; andmaking editorial changes.

Upon motion of Senator WEPER, and agreed to, the billwas recommitted to the Committee on Appropriations.

BILLS OVER IN ORDER

SO 1686 and SO 1687- Without objection, the bills werepassed over in their order at the request of Senator WEPER

BILL LAID ON THE TABLE

SO 1714 (Pr.· No. 2159) - The Senate proceeded toconsideration of the bill, entitled:

An Act amending the act of May 31, 1893 (P. L. 188, No.138), entitled "Legal Holiday Law," providing for observance ofMemorial Day and for transactions occurring on that day.

Upon motion of Senator WEPER, and agreed to, the billwas laid on the table.

BILLS REREFERRED


An Act amending Title 23 (Domestic Relations) of thePennsylvania Consolidated Statutes, further providing fordefinitions, for registration of protection from abuse orders, forresponsibilities of law enforcement agencies, for commencementof protection from abuse proceedings, for hearings on petitionsfor protection from abuse, for relief, for selVice of protectionfrom abuse orders, for emergency relief by the minor judiciary,for disclosure of addresses, for arrest, for violation of orders andfor indirect criminal contempt; imposing a surcharge againstdefendants where a protection order is entered; providing forprivate criminal complaints for violations of orders oragreements and for civil contempt; further providing forconfidential communications and for procedure and remedies;and providing for full faith and credit regarding certain orders.

Upon motion of Senator WEPER. and agreed to, the billwas rereferred to the Committee on Appropriations.

SO 1722 (Pr. No. 2174) -- The Senate proceeded toconsideration of the bill, entitled:

An Act providing for sentencing procedures; and makingrepeals.


DB 1860 (Pr. No. 3471) -- The Senate proceeded toconsideration of the bill, entitled:

An Act reenacting the proceeds disposition provision of theact of JWle 18, 1982 (P.L.S49, No.159), entitled "An actproviding for the administration of certain Commonwealthfarmland within the Department of Agriculture," and providingfor an agricultural land conservation assistance grant program.

Upon motion of Senator WEPER, and agreed to, the billwas rereferred to the Committee on Appropriations.


An Act amending Title 75 (Vehicles) of the PennsylvaniaConsolidated Statutes, further providing for revocation orsuspension of operating privilege, for revocation of habitualoffender's license and for occupational limited license; andproviding for probationary license.



An Act amending the act of December 19, 1990 (p.L.l358,No.21 0), known as the Local Government Capital Project LoanFWld Act, extending the expiration date of the act.



An Act amending the act of June 30, 1981 (P.L.128, No.43),known as the Agricultural Area Security Law, providing fordefmitions, for decision on proposed area, for agriculturalsecurity areas and for installment purchase programs; furtherproviding for evaluation criteria and decision on proposed area;and further authorizing investment of State money.



An Act amending the act of June 30, 1981 (p.L.128, No.43),known as the Agricultural Area Security Law, further providingfor defmitions; providing standards, criteria and requirements forthe purchasing of agricultural conservation easements; providingfor review of county programs; imposing duties on the StateAgricultural Land Preservation Board and county boards; andfurther providing for subdivision of land and change ofownership.


BILL ON SECOND CONSIDERATION

HB 2630 (pr. No. 3833) - The Senate proceeded toconsideration of the bill, entitled:

An Act providing for signage near licensed limited farmwineries.

Considered the second time and agreed to,Ordered, To be printed on the Calendar for third

consideration.


SENATE RESOLUfION No. 132, ADOPTED

Senator WEPER, without objection, called up from page 13of the Calendar, Senate Resolution No. 132, entitled:

A Resolution memorializing Congress to enact legislation tochange the observance of Memorial Day to May 30.

On the question,Will the Senate adopt the resolution?A voice vote having .been taken, the question was

determined in the affirmative.

BOUSE CONCURRENT RESOLUfIONNo. 208, LAID ON THE TABLE

Senator WEPER, without objection, called up from page 13of the Calendar, Bouse Concurrent Resolution No. 208,entitled:

A ConCUlTent Resolution supporting the State of Michiganin its effort to me suit in the United States Supreme Courtagainst the Federal Government and the official representativesof certain other countries alleging violations of the civil rights ofprisoners of war or missing in action and to demand thatdocuments concerning these individuals be released.

On the question,Will the Senate concur in the resolution?

Senator WEPER Mr. President, I move that HouseResolution No. 208 be laid on the table.

The motion was agreed to, and House ConcurrentResolution No. 208 will be laid on the table.

SPECIAL ORDER OF BUSINESSSUPPLEMENTAL CALENDAR No.1

BILL ON SECOND CONSIDERAnON

BB 217 (Pr. No. 3768) - The Senate proceeded toconsideration of the bill, entitled:

A Joint Resolution proposing an amendment to theConstitution of the Commonwealth of Pennsylvania, authorizingan exclusion from taxation of either a portion of the marketvalue of homestead property or a portion of the market value ofall real property.

Considered the second time and agreed to,Ordered, To be printed on· the Calendar for third

consideration.

UNFINISHED BUSINESSCONGRATULATORY RESOLUTIONS

The PRESIDENT pro tempore laid before the Senate thefollowing resolutions, which were read, considered andadopted:

Congratulations of the Senate were extended to SolarCareTechnologies Corporation ofBethlehem by Senator Afflerbach.

Congratulations of the Senate were extended to Mr. andMrs. Mennon Heisey, Nelson Sears, Stephanie L. Kahler andto Frederick R Kepner by Senator Armstrong.

Congratulations of the Senate were extended to Ryan RWalker, Dr. Mario A. Spoto and to June Mancill by SenatorBaker.

Congratulations of the Senate were extended to HazelEighmy by Senator Belan.

Congratulations of the Senate were extended to Brian PeterShankey and to Raymond Brian Ferry by Senator Bell.

Congratulations of the Senate were extended to Mr. andMrs. George Groft by Senator Bortner.

Congratulations of the Senate were extended to Saint BasilParish Credit Union of Pittsburgh by Senator Dawida.

Congratulations of the Senate were extended toCongressman John P. Murtha by Senator Dawida and others.

Congratulations of the Senate were extended to PyramidTemple No. 1 of Philadelphia by Senator Fattah.

Congratulations of the Senate were extended to Fran Kichtyby Senator Fisher.

Congratulations of the Senate were extended to Robert 1.Kinzler by Senator Furno.

Congratulations of the Senate were extended to Dr. andMrs. Samuel Mack Wilson, Mr. and Mrs. William J. Carling,Herbert Charles Craft, Charles P. Mills, Jr., James K. Neveand to the Montgomel)' Baptist Church of Colmar by SenatorGreenleaf.

Congratulations of the Senate were extended to Mr. andMrs. Paul J. Marks and to Mr. and Mrs. Paul Schaeffer bySenator Hart.

Congratulations of the Senate were extended to Mr. andMrs. Fred Crissman, Mr. and Mrs. Lester Reno, Mr. and Mrs.Marshall B. Drumheller, Dr. Thomas Kowalchick, John D.Nichols, Harvey T. Zerbe, Jr., Jim Adams and to ChristEpiscopal Church of Milton by Senator Helfrick.

Congratulations of the Senate were extended to ElizabethErnestine Simmons, Michael Stephen Ware, Gwendolyn P.Slocum and to Rebecca Washington by Senator Jones.

Congratulations of the Senate were extended to LouisLucien Schwalm by Senator Lewis.

Congratulations of the Senate were extended to Mr. andMrs. Calvin H. Mosher, Mr. and Mrs. Harold Kring, Mr. andMrs. Clair B. Messner, Erik Karl Hofstrom, Glen ThomasHofstrom and to Mildred Fisher by Senator Madigan.

Congratulations ofthe Senate were extended to Theodore G.Daniels and to the Big 33 Scholarship Foundation,Incorporated, by Senator Mellow.

Congratulations of the Senate were extended to theBicentennial Committee of Coolbaugh Township by SenatorsMellow and Rhoades.

Congratulations of the Senate were extended to AnnaMcTigue and to the Wilkes-Barre Township Lions Club bySenator Musto.

Congratulations of the Senate were extended to Mr. andMrs. James A. Gilbert, Jr., by Senator Peterson.


Congratulations of the Senate were extended to Mr. andMrs. Joseph E. Sutor, Dennis J. Hough, Jr., and to EllenBogatay by Senator Porterfield.

Congratulations of the Senate were extended to Carl RFlohr, Stephen J. Dubrosky and to the Waynesboro Lions Clubby Senator Punt.

Congratulations of the Senate were extended to Mary L.Thorne by Senator Reibman.

Congratulations of the Senate were extended to Mr. andMrs. Edward Wittic, Mr. and Mrs. Paul W. Eckhart, RoseMarie Johnson and to Hepler's Church of God of Valley Viewby Senator Rhoades.

Congratulations of the Senate were extended to James E.Lafferty and to the Pymatuning Lake Association by SenatorRobbins.

Congratulations of the Senate were extended to Mr. andMrs. John Bilinski by Senator Salvatore.

Congratulations of the Senate were extended to Mr. andMrs. Albert Beichner, Mr. and Mrs. Elcana Guntrum and toMr. and Mrs. Kenneth Beck by Senator Shaffer.

Congratulations of the Senate were extended to Mr. andMrs. Clifford Miller, Mr. and Mrs. Joseph Shepos and toArnold lliescu by Senator Shumaker.

Congratulations of the Senate were extended to Mr. andMrs. Charles W. Hoover, Mr. and Mrs. John T. Ghiardi, Mr.and Mrs. Robert 1. Cuffia, Mr. and Mrs. Bill Cosgrove, Mr.and Mrs. Milton P. Shaffer, Mr. and Mrs. Frank Pastva and toMr. and Mrs. Frank Cramer by Senator Stapleton.

Congratulations of the Senate were extended to Mr. andMrs. George H. Dodd, Mr. and Mrs. Premo Tulle, Mr. andMrs. Harold Colvin, Mr. and Mrs. Wallace McConnell and toMr. and Mrs. Btyall Calc by Senator Stout.

CONDOLENCE RESOLUTION

The PRESIDENT pro tempore laid before the Senate thefollowing resolution, which was read, considered and adopted:

Condolences of the Senate were extended to the family ofthe late Pasquale Graziano by Senator Bodack.

BILLS ON FIRST CONSIDERAnON

Senator CORMAN. Mr. President, I move that the Senatedo now proceed to consideration of all bills reported fromcommittees for the first time at today's Session.

The motion was agreed to.The bills were as follows:

DB 217, liB 2828, DB 2829, liB 2830, DB 2831 and DB2832.

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

consideration.

COMMUNICATIONS FROM THE GOVERNOR

NOMINATIONS REFERRED TO COMMfITEE

The PRESIDENT pro tempore laid before the Senate thefollowing communications in writing from His Excellency, theGovernor of the Commonwealth, which were read as followsand referred to the Committee on Rules and ExecutiveNominations:

MEMBER OF TIlE STATE BOARDOF ACCOUNTANCY


In conformity with law, I have the honor hereby to nominatefor the advice and consent of the Senate, Thomas 1.Bawngartner, 1926 Fairland Avenue, Bethlehem 18018, LehighCounty, Sixteenth Senatorial District, for appointment as amember of the State Board of Acc01mtancy, to serve for a termof four years and until his successor is appointed and qualified,but not longer than six months beyond that period, vice L.Martin Miller, Haverford, whose term expired.


MEMBER OF TIIE STATE BOARDOF ACCOUNTANCY


In conformity with law, I have the honor hereby to nomiJultefor the advice and consent of the Senate, Kevin M. Mitchell,4081 Deer Run Court, Harrisburg 11112, Dauphin County,Fifteenth Senatorial District, for appointment as a member of theState Board of Accountancy, to serve for a term of four yearsand until his successor is appointed and qualified, but not longerthan six months beyond that period, vice Jacob H. Kaufinan, Jr.,Chambersburg, whose term expired.



June 20, 1994


In conformity with law, I have the honor hereby to nominatefor the advice and consent of the Senate, George Pernicano, 113Southern Hilands Drive, Pittsburgh 15241, Allegheny County,Thirty-seventh Senatorial District, for appointment as a memberof the State Board of Accountancy, to serve for a term of fouryears and until his successor is appointed and qualified, but not


longer than six months beyond that period, vice Welling W.Fruehauf, Pittsburgh, whose term expired.


10:00 A.M.

MONDAY, ruNE 27. 1994

PUBLIC HEALTIJ AND WELFARE(public hearing to consider Senate BillBill No. 1488)

Room 8E-BHeatingRoomEast Wing


June 20, 1994


In conformity with law, I have the honor hereby to nominatefor the advice and consent of the Senate, John S. Ross, Jr., 648Randolph Drive, Lititz 17543, Lancaster County, Thirty-sixthSenatorial District, for appoinbnent as a member of the StateBoard of Accountancy, to serve for a term of four years anduntil his successor is appointed and qualified, but not longer thansix months beyond that period, vice Lewis Elicker, III, York,whose term expired.


ANNOUNCEMENTS BY THE SECRETARY

The following announcements were read by the Secretary ofthe Senate:

ADJOURNMENT

Senator WEPER Mr. President, I move that the Senate donow adjourn until Tuesday, June 21, 1994, at 1 p.m., EasternDaylight Saving Time.

The motion was agreed to.The Senate adjourned at 7:35 p.m., Eastern Daylight Saving

Time.

Room 8E-BHearingRoomEast Wing

9:15 A.M.

10:00 A.M.

SENATE OF PENNSYLVANIA

COMMI1TEE MEETINGS

TIJESDAY, RJNE 21, 1994

CONSUMER PROTECTION ANDPROFESSIONAL LICENSURE (toconsider Senate Bills No. 52, 461,644, 751 and 1752; House Bill No.2568; and the PUC Taxicab MedallionBudget and Regulations No. 16A-320,16A-380 and 16A-531)

ENVIRONMENTAL RESOURCES Room 8E-AAND ENERGY (to consider Senate HearingRoomBill No. 1776 and House Bill No. 2565) East Wing

11:00 A.M.

11:00 A.M.

11:30 A.M.

11:30 A.M.

12:30 P.M.

BANKING AND INSURANCE (toconsider Senate Bills No. 848, 849,850, 1738 and 1757)

COMMUNITY AND ECONOMICDEVELOPMENT (to consider HouseBill No. 1914)

nJmCIARY (to consider Senate BillsNo. 79, 994, 1778, 1779 and 1780)

PUBLIC HEALTIJ AND WELFARE(to consider Regulation No. 14-417,Drug and Alcohol Detoxification andRehabilitation Services in Hospitals)

APPROPRIATIONS (to considerSenate Bills No. 360, 361, 482, 560,1368, 1393 and 1746; and House BillsNo. lOS, 1474, 1679 and 1730)

MajorityCauaJs Room

RulesComm.ConferenceRoom.

Room 8E-BHearingRoomEast Wing

Room 8E-AHearing RoomEast Wing

MajorityCaucus Room

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