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COMMONWEALTH OF PENNSYLVANIA LEGISLATIVE JOURNAL TUESDAY, MARCH 7,1995 SESSION OF 1995 179TH OF THE HOUSE OF REPRESENTATIVES The Ilouse convened at 11:05 a.m., e.s.t. THE SPEAKER (MATTHEW J. RYAN) PRESIDING PRAYER The SPEAKER. Without objection, the prayer from today's special session will be printed in today's regular session Journal. REV. DR. EMLYN FI. JONES, pastor of Stoverdale United Methodist Church, Hummelstown, Pennsylvania, offered the following prayer: God of grace and God of gloly, we carefully approach Thee asking that You will hear o w petition. We, people, that are Yow world, and yet sometimes we miss You. Grant us sensitivity to recognize Your interest and Your leadership in the affairs of State. Help us to recognize how truly dependent we are upon Yow dance and Your encouragement to treat others as we would want to he treated and to govern o w community of citizens with noble intent and to insist that the impediments to thepwsutt ofhappiness be vanquished from our Commonwealth. Help us, 0 God, to dream dreams, and prepare us to offer sipficant contributions to o w society. Enable us to help create a world that will enhance and benefit o w children and o w children's children. Bless, we ask, the leadership of this grand House and all its members. We petition also for Thy blessings upon o w Governor, that he may lead o w people with an unshakable trust in God. 0 God of enduring mercy, hear o w prayer. Amen. PLEDGE OF ALLEGIANCE DISPENSED WITH The SPEAKER. Without objection, the Pledge of Allegiance will be dispensed with. JOURNAL APPROVAL POSTPONED 'The SPEAKER. Without objection, the approval of the Journal of Monday, March 6, 1995, will be postponed untll printed. The Chair h e u s no ohjcction. GENERAL ASSEMBLY No. 22 LEAVES OF ABSENCE The SPEAKER. The leaves of absence granted in today's special session will also be granted in the regular session. MASTER ROLL CALL The SPEAKER. The master roll call taken in today's special session will also be the master roll call in the regular session. The Chair hears no HOUSE BILLS INTRODUCED AND REFERRED No. 1030 By Representatives GANNON, DEMPSEY, HENNESSEY, MELIO, TRELLO and BELFANTI An Ad mending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, further providing for customary charges for treatment. Referred to Committee on TRANSPORTATION, March 7, 1995. No. 1047 BY Representatives COWELL, TRELLO, GAMBLE, ITKIN and G~GLIOTTI An Actamending the act of June 18, 1982 (P.L.547,No.158), referred to as the Clerk of Courts Fee Law, providing for establishment of fees by the clerk of courts; and authorizing an additional fee. Referred to Committee on JUDICIARY, March 7,1995. No. 1048 By Representatives DEMPSEY, PETRONE, HERSHEY, E. Z. TAYLOR, FLEAGLE, BATTISTO, WAUGH, WOGAN, FARGO, FEESE, GAMBLE, STERN, LEH, SAYLOR, MERRY and HESS An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, providing for garnishment. Referred to on JUDICIARY, March 7, 1995, No. 1049 By Representatives GEORGE, MIHALICH, PESCI, BELARDI, CAPPABIANCA, MELIO, OLASZ and TRELLO An AC~ providing for wetlands conservation and management; further providing for eminent domain; providing for penalties and remedies; establishing the Wetlands Conservation Fund; conferring powers and duties upon the Department of Environmental Resources; and making an appropriation.

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Page 1: COMMONWEALTH OF PENNSYLVANIA LEGISLATIVE JOURNAL · COMMONWEALTH OF PENNSYLVANIA LEGISLATIVE JOURNAL TUESDAY, ... recognize Your interest and Your leadership in the affairs of State

COMMONWEALTH OF PENNSYLVANIA

LEGISLATIVE JOURNAL

TUESDAY, MARCH 7,1995

SESSION OF 1995 179TH OF THE

HOUSE OF REPRESENTATIVES The Ilouse convened at 11 :05 a.m., e.s.t.

THE SPEAKER (MATTHEW J. RYAN) PRESIDING

PRAYER

The SPEAKER. Without objection, the prayer from today's special session will be printed in today's regular session Journal.

REV. DR. EMLYN F I . JONES, pastor of Stoverdale United Methodist Church, Hummelstown, Pennsylvania, offered the following prayer:

God of grace and God of gloly, we carefully approach Thee asking that You will hear o w petition.

We, people, that are Yow world, and yet sometimes we miss You. Grant us sensitivity to recognize Your interest and Your leadership in the affairs of State.

Help us to recognize how truly dependent we are upon Yow dance and Your encouragement to treat others as we would want to he treated and to govern o w community of citizens with noble intent and to insist that the impediments to thepwsutt ofhappiness be vanquished from our Commonwealth.

Help us, 0 God, to dream dreams, and prepare us to offer sipficant contributions to o w society. Enable us to help create a world that will enhance and benefit o w children and ow children's children.

Bless, we ask, the leadership of this grand House and all its members. We petition also for Thy blessings upon o w Governor, that he may lead o w people with an unshakable trust in God.

0 God of enduring mercy, hear ow prayer. Amen.

PLEDGE OF ALLEGIANCE DISPENSED WITH

The SPEAKER. Without objection, the Pledge of Allegiance will be dispensed with.

JOURNAL APPROVAL POSTPONED

'The SPEAKER. Without objection, the approval of the Journal of Monday, March 6, 1995, will be postponed untll printed. The Chair heus no ohjcction.

GENERAL ASSEMBLY No. 22

LEAVES OF ABSENCE

The SPEAKER. The leaves of absence granted in today's special session will also be granted in the regular session.

MASTER ROLL CALL

The SPEAKER. The master roll call taken in today's special session will also be the master roll call in the regular session. The Chair hears no

HOUSE BILLS INTRODUCED AND REFERRED

No. 1030 By Representatives GANNON, DEMPSEY, HENNESSEY, MELIO, TRELLO and BELFANTI

An Ad mending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, further providing for customary charges for treatment.

Referred to Committee on TRANSPORTATION, March 7, 1995.

No. 1047 BY Representatives COWELL, TRELLO, GAMBLE, ITKIN and G~GLIOTTI

An Actamending the act of June 18, 1982 (P.L.547,No.158), referred to as the Clerk of Courts Fee Law, providing for establishment of fees by the clerk of courts; and authorizing an additional fee.

Referred to Committee on JUDICIARY, March 7,1995.

No. 1048 By Representatives DEMPSEY, PETRONE, HERSHEY, E. Z. TAYLOR, FLEAGLE, BATTISTO, WAUGH, WOGAN, FARGO, FEESE, GAMBLE, STERN, LEH, SAYLOR, MERRY and HESS

An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, providing for garnishment.

Referred to on JUDICIARY, March 7, 1995,

No. 1049 By Representatives GEORGE, MIHALICH, PESCI, BELARDI, CAPPABIANCA, MELIO, OLASZ and TRELLO

An A C ~ providing for wetlands conservation and management; further providing for eminent domain; providing for penalties and remedies; establishing the Wetlands Conservation Fund; conferring powers and duties upon the Department of Environmental Resources; and making an appropriation.

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642 LEGISLATIVE JOURNAL - HOUSE MARCH 7

Referred to Committee on ENVIRONMENTAL RESOURCES AND ENERGY, March 7, 1995

No. 1050 By Representatives GEORGE, LEVDANSKY, TRELLO, BELARDI, BELFANTI, BOSCOLA, WOZNIAK, LAUGHLIN, READSHAW, YOUNGBLOOD, HALUSKA, COLAIiZO, BATTISTO, KELLER, STABACK, CAPPABIANCA, CLYMER, WAUGH, COY and STURLA

~- CLYMER, COl.AFELI,A, GAMBLE, TRUE, EGOLF and ZIMMERMAN

An Act amending Title 68 (Real and Personal Properly) of the Pennsylvania Consolidated Statutes, adding provisions relating to the operation and suspension of adult oriented establishments; and imposing penalties.

Referred to Committee on JUDICIARY, March 7, 1995

An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Refmed to Committee on ENVIRONMENTAL RESOURCES Consolidated Statutes, further providing for selling or furnishing liquor or

AND ENERGY. March 7. 1995. malt or brewed beverages to minors and for the definitions of "liauoi'and

An Act establishing standards and requirements for voluntary response actions at certain contaminated sites; providing for public participation in voluntary response action, for the development of cleanup standards, for methodologies for response actions and for deed restrictions concerning certain sites; creating a fund; and providing for powers and duties of the Deparlment of Environmental Resources and the Environmental Quality Board.

N a 1054 @'Representatives E. Z. TAYLOR, FARGO, OLASZ, CLYMER, GANNON, MILLER, COY, STABACK, TRELLO, GEIST, IENNESSEY, RAYMOND, NICKOL, SATHER, COLAFELLA, MELIO, RUBLEY, MARSICO, ALLEN, YOUNGBLOOD and BARD 1

CIVERA, ROONEY, TRELLO, MANDERINO, MICHLOVIC, BATTISTO, BROWNE, GEORGE, BIJNT, WILLIAMS, KUKOVICH, GORDNER, BELARDI, MARKOSEK, KENNEY, YOUNGBLOOD, SCIWLER, SHANER, COY, COLAIZZO, SANTONI, ROBERTS, SERAFINI, MMALICH, HANNA, MELIO, YEWCIC, McCALL, SURRA, SATIER, LEDERER, HERMAN, CORRIGAN, MUNDY, FAJT. L. I. COHEN.

No. 1051 By Representatives COLAFELLA, MlCOZZIE, DeLUCA, PISTELLA, WOZNIAK, HALUSKA, WALKO,

HENNESSEY, E Z TAYLOR, STABACK, VAN HORNE, TRICH, TIGUE, READSHAW, LAUGHLIN, BAKER and O'BRIEN

- "malt or brewed beverages."

Ref& to Committee on LIQUOR CONTROL, March 7, 1995. at

An Actamending the act ofAugust 14,1991 p.L.342, No.36), known as the Lottery Fund Preservation Act, further defining "maximum annual incame."

Referred to Committee on AGING AND YOUTH, March 7, 1995.

No. 1052 By Representatives CLYMER, FICHTER, CONTI, GEIST, TIGUE, HENNESSEY, DiGIROLAMO, CLARK, PITTS, READSHAW, BARD, STABACK, LYNCH, YOUNGBLOOD, SATHER, TRELLO, LAUGHLIN, E. Z. TAYLOR, MERRY, OLASZ, CIVERA, MICHLOVIC, GANNON, BATTISTO, PISTELLA, BELFANTI, LEDERER and STEU

An Act regulating the purchase and sale of visual works of art produced in muliipleq and providing for the disclosure to prospective art purchasers of information relating to works of art, for warranties, remedies and enforcement and for certain civil and criminal penalties.

Referred to Committee on CONSUMER AFFAIRS, March 7, 1995.

No. 1053 By Representatives BAKER, ARMSTRONG, LEH, PITTS, BIRMELIN, FICHTER, LYNCH, SCHULER, RUBLEY, CLARK, TRELLO, DeLUCA, HENNESSEY, HERSHEY, STERN, HESS, E. Z. TAYLOR, FLEAGLE, WAUGH, DURHAM, DiGIROLAMO, LAUGIILIN, PHILLIPS, BARLEY, LUCYK,

No. 1055 By Representatives BISHOP, ARMSTRONG, GIGLIOTTI, TIGUE, MANDERINO, LUCYK, BUNT, DeLUCA, YOUNGBLOOD, STABACK, BELFANTI, ROONEY, McGEEIWN, ITKIN, RUBLEY, J. TAYLOR, ROBINSON, E. Z. TAYLOR, LEDERER, ROEBUCK, JOSEPHS, LAUGHLIN, BATTISTO, MICHLOVIC and THOMAS

An Act amending Title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes, further providing for when a child has resided with grandparents.

Referred to Committee on JUDICIARY, March 7, 1995.

Na 1056 ]I\ Krprcxntat~ves LIISI IOP till I CIIINSON, '1 IGll:, STABACK HI<I.I,ANTI. Mc(il:I3IAN. lU<AI)SILAW, MI(I.10. COLAFELLA, E. Z. TAYLOR, STEIL, LAUGHLIN, YOUNGBLOOD, BATTISTO, MICHLOVIC, L. I. COHEN, BROWNE and THOMAS

I An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania

Consolidated Statutes, further providing for the crime of stalking.

Referred to Committee on JUDICIARY, March 7,1995.

No. 1057 By Representatives L. I. COHEN, BEBKO-JONES, GEIST, BUNT, BELARDI, FLEAGLE, WASHINGTON, BARLEY, '1 DeLUCA, DEMPSEY, TRUE, LEH, READSHAW, WALKO, TULLI, KENNEY, HESS, PETTIT, RUBLEY, E. Z. TAYLOR, BARD, TRICW, STEIL, BOYES, DiGIROLAMO, DONATUCCI, STERN, YOUNGBLOOD and BROWNE

An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, further prohibiting homicide by vehicle while driving under influence.

Refmed to Committee on TRANSPORTATION, March 7, 1995. w

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1995 LEGISLATIVE JOURNAL - HOUSE 643

No. 1058 By Representatives L. I. COHEN, MASLAND, BUNT, DENT, VANCE, MANIIERINO, D. W. SNYDER, MUNDY, FEESE, PLATTS, S'rABACK, DEMPSEY, HENNESSEY, TRUE, BELFANTI, S. H. SMITH, CLYMIZR, CORNELI., I'KELLO, MILLER, PETTIT, RURIEY, E. Z. TAYI.OR, FARGO, BARD, BAKER, STERN, YOIJNGBLOOD, MICIILOVIC and BROWNE

A Joint Kesalution proposing an amendment to the Constitution of the Commonwealth of Pennsylvania, further providing for rights of accused in criminal prosecutions.

Referred to Comm~ttec on JUDICIARY, March 7, 1995.

No. 1059 By Representatives COY, LESCOVITZ, GEORGE, BERKO-JONES, MARKOSEK, CURRY, BELARDI, VAN IIORNE, HINT, COLAlZ1.0, S COLAFELLA,

COMMUNlCATION FROM GOVERNOR

REQUEST FOR JOINT SESSION

The Speaker laid before the House the following communication in writing from the oflice of His Excellency, the Governor of the Commonwealth:

Commonwealth of Pennsylvania Office of the Governor

Ilarrisburg

To the Honorable, the House of Representatives of the Commonwealth of Pennsylvania:

'IwR' COIEN' TREI'Lo' BrURLA'LAUGHL1N2 SURKA2 If it meets with the approval of the General Assembly, I would like to CN"rAGIROm, McCALL, HAI'USKA, BATTIS'rO, IERMAN, address the Members in Joint Session on Tuesday, March 7 , 1995, at a time KIJKOVICH, E. %. TAYLOR, FAJT, COWELL, BELFANTI, convenient +o the Oeneral ~ a s e m h ~ v ...~ -....... .. .... . ROONEY, CAI'PABIANCA, YOUNGBLOOD, LaGROTTA. I SAINA'I 0 and CORNf\I.L. I

An Act amending Title 24 mucation) of the Pennsylvania Consolidated Statutes, further providing far credited school service and for termination of annuities.

Thomas J. Ridge Governor

RESOLUTION Rcferred to Committee on EIIUCATION, March 7,1995. I COMMITTEE TO ESCORT SENATE

No. 1060 By Representatives COY, LESCOVITZ, GEORGE, REBKO-JONES, MARKOSEK, CURRY, BELARDI, VAN HORNE, BUNT, COLAIZZO, HESS, COLAFELLA, SIIANEK, M COHEN, TRELLO, s m n LAUGHLIN, SURRA, CALTAGIRONE, McCALL, HALUSKA, BATTISTO, HERMAN, KUKOVICH, E. Z. TAYLOR, FAJT, COWELI., BELFANTI, ROONEY, CAPPABIANCA, YOUNGBLOOD, LaGROTTA, SAINATO and CORNEI.1.

An Act amending Tltle 71 (State Government) of the Pennsylvania Consolidated Statutes, adding provisions relating to credited service as a retirement incentive, and further providing for accrued liability

Referred to Committee on STATE GOVERNMENT, March 7, 1995.

BILLS REPORTED FROM COMMITTEE, CONSIDERED FIRST TIME, AND TABLED

HB 248, PN 230 By Rep. B. SMITH ( An Act providing for theadoption of a capital project to be financed from

current revenues of the Game Fund.

GAME AND FISHERIES.

HB 703, PN 775 By Rep. B. SMITH

An Act providing for the adoption of capital projects to be financed from current revenues of the Game Fund.

Mr. PERZEL offered the following resolution, which was read, considered, and adopted:

In the House of Representatives March 7 ,1995

RESOLVED, That the Speaker appoint a committee of three to escort the members and officers of the Senate to the Hall of the House for the purpose of attending a Joint Session of the General Assembly.

COMMITTEE APPOINTED

The SPEAKER. The Chair appoints as a committee to w i t upon the Senate, the gentleman from Lancaster, Mr. Schuler; the gentleman from Blair, Mr. Stem; the gentleman from Fayette, Mr. Shaner.

The committee will proceed with the performance of its duties.

COMMITTEE TO ESCORT GOVERNOR APPOINTED

The SPEAKER. Pursuant to the concurrent resolution previously adopted by the Iiause, the Chair appoints as a committee to escort the Governor to the hall of the House, the gentleman from Chester, Mr. Pitts; the lady from Allegheny, Mrs. Farmer; the gentleman from Delaware, Mr. Kirkland.

The committee will proceed with the performance of its duties.

GAME AND FISHERIES. I

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644 LEGISLATIVE JOURNAL - HOUSE MARCH 7

SENATE MESSAGE

ADJOURNMENT RESOLUTION FOR CONCURRENCE

The clerk of the Senate, being introduced, presented the following extract from the Journal of the Senate, which was read as follows:

In the Senate March 6 , 1995

RESOLVED, (the House of Representatives concurring), That when the Regular Session of the Senate adjourns this week it reconvene on Monday, March 13,1995, unless sooner recalled by the President Pro Tempore of the Senate, and be it further

RESOLVED, That when the Regular Session of the House of . Kcprcsentat~tcs adjourns this ucck I t rcconvcnc on Monday. March 13, 1995, unless m o recalled b h c Spcakcr of ihr tlouvc olRcprcxntat\\cu

Ordered, That the clerk present the same to the House of Representatives for its concurrence.

On the question, Will the House concur in the resolution of the Senate? Resolution was concurred in. Ordered, That the clerk inform the Senate accordingly.

FILMING PERMISSION

The SPEAKER. The Chair advises the members that permission has been granted to Michael Worley of Commonwealth Media to have access to the designated areas of the hall of the House for the purpose of taking still photography during the period of the budget address.

Pamission has k e n panted to the gentleman, Mr. Vathis, for the purpose of taking still photography as well as to the photographers for both the Democrat and Republican Caucuses.

BILL REPORTED FROM COMMITTEE, CONSIDERED FIRST TIME, AND TABLED

HB 844, PN 932 By Rep. BUNT

An Act providing for Pennsylvania Turnpike farmers' markets, and conferring powers and duties on the Department of Agriculture and the Pennsylvania Turnpike Commission.

AGRlCULTURE AND RURAL AFFAIRS

REPORT OF COMMITTEE ESCORTING SENATE

The SPEAKER. The Senate is now entering the hall of the House. Memhers and guests will please rise.

The Chair recognizes the Sergeant at h s of the House. The SERGEANT AT ARMS. Mr. Speaker, the chairman of the

committee on the part of the House, Mr. Schuler. Mr. SClNLER. Thank you, Mr. Speaker. Mr. Speaker, your committee appointed to wait upon the Senate

and to escort the members to the floor of the House has completed

-

their duty. The Senate is now in the House of Representatives. Thank you.

The SPEAKER. The committee is discharged with the thanks of the House.

The Chair requests the Lieutenant Governor, the Honorable Mark w

Schweker, to preside over the proceedings of the joint session of the General Assembly.

The President Pro Tem of the Senate, the Honorable Robert C. Jubelirer, is invited to be seated on the rostrum.

The members of the House and Senate will please he seated.

JOINT SESSION OF THE GENERAL ASSEMBLY 1

I THE LIEUTENANT GOVERNOR (MARK S. SCHWEIKER) PRESIDING

The LIEUTENANT GOVERNOR. This being the day and the time agreed upon by a concurrent resolution of the Senate and t

IIouse of Representatives to hear an address by His Excellency, the Governor, the Honorable Thomas J. Ridge, this joint session will please come to order.

The General Assembly will be at ease while it awaits the arrival of His Excellency, the Governor of the Commonwealth.

REPORT OF COMMITTEE ESCORTING GOVERNOR

The LIEUTENANT GOVERNOR. The Governor is entering the hall of the House. Please rise.

The Chair r e c o r n s the chairman of the committee to escort the Governor, the Senator from Montgomery, Senator Tilghman.

Mr. TILGHMAN. Mr. President, as chairman of the committee to escort the Governor, I wish to report that His Excellency, the Governor, is present and is prepared to address this joint session.

The LIEUTENANT GOVERNOR. Memhers of the General Assembly, I have the honor and the privilege of presenting K s Excellency, the Governor, the Honorable Thomas J. Ridge, who ; will now address this joint session.

FISCAL YEAR 1995-96 BUDGET ADDRESS OF

GOV. THOMAS J. RIDGE

The GOVERNOR. Thank you, Lieutenant Governor, Mr. Speaker, President Pro Tempore, ladies and gentlemen of the General Assembly.

My fellow Pennsylvanians: When I asked you to elect me Governor, I promised we would do

things differently. With this budget, I put that promise to paper. Ths budget marks a new way of thinking about the relationship

between our government, our wmmunity, and ourselves. This budget is responsible, disciplined, and balanced.

Budget discipline was something my parents understood very 1 well. They made choices every day of their lives. I still remember my dad sitlmg at the latchen table figunng out the best way to provide for his family.

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LEGISLATIVE JOURNAL - HOUSE Each check he wrote represented a choice, a priority. And instead

of family vacations to distant places, it was a wcek enjoying Presque Isle or a visit to grandparents in Pittsburgh. Instead of a new car, it was a quality education for my brother, my sister, and me. Like thousands oCPennsylvania's families, my parents set priorities, they made tough choices, and they lived within their means. Government must do the same.

This budget is meant to trigger a long-overdue public debate about the functions of State government. I define the basic responsibilities as these: economic competitiveness, education, helping those who cannot help themselves, and public safety. That is where I put my priorities

Everyone in this chambcr recognizes that State government cannot be all things to all people. We must choose; we must decide.

Budget discipline crcates opportunity. This budget is about both - discipline and opportunity.

Discipline. Spending grows by only 2.3 percent. The result is opportunity - opportunity to cut job-crushing taxes

by more than $200 million, job-crushing taxes on Pennsylvania's workers and employers. And we eliminate the oppressive widow's tax, 2 years ahead of schedule.

Discipline. This budget starts with the first rule of family budgeting - do not spend money you do not have. This budget is hased upon the most conservative revenue forecasts.

I have proposed to increase - by 50 percent - the rate at which State govemment puts aside money in the State's savings account, the Kalny Day Fund. Just as a family tucks away money for car repairs or home improvements, I propose we set aside nearly $60 m~llion - $20 million more than thc law requires. Because of such discipline, Pennsylvania will cushion the impact of any economic downturn or looming Federal cuts.

Discipline. ?lus budget rejects the bdtional notion that spending and programs must automatically grow. Flftcen agencies have smaller budgets; four others get no increase at all. By exercising such discipline, we can continue the tax-forgiveness programs for Pennsylvania's working poor.

Discipline. This budget eliminates 19 programs, saving taxpayers $44 million. And as you well know, it is never easy to eliminate programs. In fact, it is dam tough. Each has a constituency. But it must be done.

Disciplme. I learned it kom my father. He taught me by example. Government leaders must set an example as well.

This budget cuts the Governor's Ofice by 10 percent, as I pledged last year. Lt. Gov Mark Schweiker has taken the same cut. And I am asking the State's other elected executives - Attorney h e r d Preate, Auditor General Hafer, and Treasurer Knoll - to do their share, not by taklng a 10-percent reduction, but simply by operating at last year's level. And 1 also ask that the legislature demonstrate their discipline and their leadership by eliminating WAM's, the "walking around money." It says here, response might be mixed.

Fiscal discipline IS critical to provide greater opportunity for Pennsylvania. E v q day, every day we are challenged by the fiercest economic competition the world has ever seen, and every day we must lwk for ways to prescrve thejohs we have and create new ones.

Pennsylvania cannot spend its way to prosperity. We cannot a o r d it, and more importantly, it sunply will not work. To compete, and to win, Pennsylvania needs a tax and regulatory climate that is pro-worker, pro-employer, and pro-growth.

Under this proposal, we take Pennsylvania's corporate net income tax under 10 percent, 2 years ahead of schedule. We cannot atford to wait. Thisrcduction will help level the playing field with our neighboring States - New York, New Jersey, and Ohio.

But there is more to being competitive than lowering the corporate rate. New small businesses deserve the chance to survive. MOST States reflect that in their tax codes, but not Pennsylvania. Right now we have the most reslrictive loss cany-forward provision in the counhy. That is about to change.

This tax incentive encourages new businesses to work through those m c u l t startup years. And by increasing the deduction, the cap, to $1 million, 99 percent of our employers, practically all small businesses and their workers, will be given that extra boost, that extra incentive to stay in business.

We will work to bring new jobs to Pennsylvania, hut we also have a contmuing responsibility to keep the jobs we have. And toward that end, Uus budget recommends something called "double-weighting." It is a factor in calculating the corporate net income tax rate.

The concept is simple and relevant. Let us reward companies that put and keep their jobs in Pennsylvania. Virtually all our competitor States have it. Now Pennsylvania will have it as well.

Taxcs are not the only government impediment to job creation. So, too, is the web of government regulations.

Some of you may have heard me mention that I consider the old Department of Environmental Resources to be an obstacle to Pennsylvania's economic growth. This administration has set about creating a new environmental partnership in Pennsylvania. My budget starts by splitting DER in two. One agency will protect our parks and forests, and the second will help Pennsylvanians understand environmental regulations and help them comply.

Pennsylvania's job creators -not State government - must be empowered to expand. We have reduected our economic development efforts to make them more effective. We have consolidated 22 programs into 6 -favoring a more flexible, efficient, and comprehensive approach.

Capitalizing on the programs that work, t h ~ s budget bolstks the Ben Franklin Partnership and industrial resource centers with nearly $3 million in additional funds to nwture the development of our high-tech companies.

Public dollars supporting local tourism yield a high rate of return. Support of o w tourism industry is increased as well.

Targeting promising industries in Pennsylvania's world-class agricultural products, we will tap the opportunities of the global market with an aggressive export campaign. 1 will make sure of it. An export team will work out of the Governor's Office. And we will invest, and 1 ask you to invest, in three additional international trade offices worldwide. Our farms and our factories will help us create more jobs when we make exports a higher priority.

We will M e r link Pennsylvania to the world market with a first-class transportation plan that unites our roads and rails, our harbors and our auports. We have increased fundiig for repairing our State highways and bridgcs by almost $45 million. For the first time, maintenance spending - taking better care of our roads and bridges - will exceed $800 million.

Finally, competitiveness is not just about employers. It is also about numvlng our workers with the education and job t r a i ~ n g they need. This budget increases customized job-training programs by more than $2 million.

At this point, it is important to remember one basic, irrefutable fact. There is absolutely nothing, nothing, a parent or government

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646 LEGISLATIVE J< program can do to provide a decent job for someone who lacks a good education. The future offers neither hope nor opportunity for the uneducated.

As parents, Michele and I work every day to nurture the desire to learn in our two children, Lesley and Tom. That is our job as parents.

And as Governor, my job is to make certain that the opportunity of a good education is available to all of our children.

By far, education is the Commonwealth's single largest investment. From kindergarten to college, nearly 45 percent of the budget is dedicated to malang education a Pennsylvania priority. But for too long, it has been a priority in decline. So this budget reverses a 7-year trend. For the first time since 1988, education's share of the budget goes up.

This budget provides an additional $124 million to support the basic education funding subsidy. Our funding formula will incorporate the equity provisions enacted by the legislature over the last several years. But unlike those years, we will also base State aid on enrollment. Every school district in Pennsylvania will receive at least a modest increase.

But money alone will not guarantee quality or improvement. We must do things differently, because in the end, education is

not about money or teachers, school boards or budgets. Education is about our children, their opportunity, and Pennsylvania's future.

I believe parents - not govemment - know what is best for their children. I want families to decide for themselves where their children should attend school.

Let me ask, why is it that students begin year 13 of their education by using govemment funding to attend the school of their choice, yet we routinely deny the same choice from kindergarten through 12? The needs of one 7-year-old are different from the next, and who better to respond to those needs than their parents ?

This budget empowers parents with the opportunity of school choice.

It provides nearly $40 million for educational oppottunity grants. It is the first installment of a plan that begins with poor and working-class families. We will start by reaching into 167 of Pennsylvania's poorest school districts and offering choice to the kids who need it most. In years 2 and 3, school choice will become a reality statewide.

This budget also encourages the development of charter public schools - a new kind of school - that provides even more choice within the public school system. It is an exciting concept. Think of it. Parents, teachers, and communities - together - designing their own schools. Hanisburg mandates will not he an obstacle to local efforts to enrich their children's education.

Our phlosophy toward fundmg lngher education will also change significantly. For years, State government has funded State universities line item by line item and dictated each individual filnding prinity. Who in tiamisburg should make spending decisions for these institutions? In my mind, no one. Let the schools decide.

In !hs budget, higher education is given more flexibility with a student-based 3-percent increase.

Half the increase will be used to create tuition challenge grants; the other half to boost college education grants to empower an additional 10,000 students.

We increase funding to support community colleges and to enhance access to public libraries and museums.

Now, there is no @eater pressure point on Pennsylvania's budget than the ever-increasing cost of welfare. Over the last 10 years, State welfare costs have nearly doubled.

IRNAL - HOUSE MARCI-1 7 We must control these costs. And we will do so with compassion

and with common sense. We will help those who seek to help themselves. We will care for those who cannot.

This budget continues to provide cash benefits to those who cannot work. But it eliminates the $360 in cash that young, single, W able-bodied adults with no dependent children receive every 2 years. We will continue their health-care coverage. We will continue to make job training available. We will not continue to hand out cash to those who are able to work.

The greatest challenge we face is controlling health-care costs. The cost of health care for the poor has increased 177 percent

overthe last 10 years. It now consumes I6 cents of every tax dollar. To control costs, we will insist that those on medical assistance

go to a doctor or clinic - not an expensive emergency room. We will move drug and alcohol rehabilitation out of $600-a-day

w hospitals and into less expensive community settings.

We wdl crack down on prescription-drug abuse and see to it that Pennsylvania, the State of Pennsylvania, pays the same competitive prices for pharmaceuticals as insurance companies, private businesses, and lUvlO's (health maintenance organizations).

As a forerunner to a more comprehensive welfare reform, this budget seeks to move people from the welfare rolls onto a payroll. We will provide day care for 4,500 additional children, enabling , thousands of welfare parents to work.

Another great challenge is caing for our parents, our seniors, and in this budget, we take an important first step.

We help more of our older citizens receive quality care in their own homes. We expand the Family Caregiver Program as another alternative to nursing homes.

The most basic function of govemment is to insure the safety of our c i h . Crime touches each one of us. The fear of crime haunts us all.

Ifwe live in fear, we cannot leam. If we work in fear, we cannot m p e t e . We cannot and will not surrender our streets, our schools, our communities to fear.

Just 6 weeks ago I called the General Assembly into a special session to combat crime. Your progress has been steady and sure.

This budget underscores my commitment to protecting Pennsylvania's communities from crime with a $132-million increase. 4

We will he tough on crime, but we will also he wise in our use of public resources to combat it.

To keep predators off our streets, we will build more prisons. I propose $92 million in the capital budget for four additional facilities. One will house adults, the second will house juveniles convicted as adults, and the other two I propose are new maximum-security youth prisons for violent juvenile offenders. r'

But there is more to fighting crime. This budget empowers school districts to create safe schools. It

provides funding for drug and alcohol rehabilitation. And for the victims of crime - for whom we have dedicated the special session -we will provide a&tional funding for legal services, we will speed up victim restitution, and we will guarantee our victims a State advocate to insure they are informed of their rights.

Th~s is my budget. And with it, we will earn Pennsylvania's trust. With it, I have begun to deliver on the promises that w

Pennsylvanians elected me to pursue: set priorities; make choices. Discipline does lead to opportunity. Control spending; cut taxes; create jobs.

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1995 LEGISLATIVE JOURNAL - HOUSE 647 Two basic principles guided my hudget deliberations. They

should guide yours as well. First, first, this budget is about people, not percentages and

numbers. And second, e v q dollar, every dime we spend, really belongs to

the decent, honest, hardworking Pennsylvanians, and as their stewards, we are obligated to treat their money as our own.

Members of the Gencral Assembly, it is up to us. I ask that we work together, Republicans and Democrats, and do our jobs.

We have 116 days. Ycs, I am counting, and Pennsylvanians are counting on you.

Let us get to work. Thank you veq much.

JOlNT SESSION ADJOURNED I The LIEIJ'l'ENANT GOVERNOK. The Chair asks that the

members of the House and vis~tors remain seated for just a moment while the members of the Senate leave the hall ofthe House.

The business for which the joint session has been assembled having been transacted, this session is now adjourned.

THE SPEAKER (MATTHEW J. RYAN) PRESIDING I

The SPEAKEK. The FIousc will be in order. I MOTION TO PRlNT PROCEEDINGS

OF JOINT SESSION

'The SPEAKER. The Chair recognizes the majority leader. Mr. PERZIiI,. Mr. Speaker, I move that the proceedings of the

joint scssion of the Senate and the 1 louse of Representatives held this 7th day of March 1995 be printed in full in this day's Legislative journal^

On the question, Will the House agree to the motion? Motion was agrecd to.

The SPkAKER Ihc Cha~r 1s unable to determme because of the l~ghts the ~dent~tres and nature of the var~ous conferences golng on In back of the rall 1 wonder if the Sergeant at Arms would be kind enough to break up those codcrcnces

COMMERCE AND ECONOMIC DEVELOPMENT COMMITTEE MEETING I

The SPEAKER. The Chair recogmrcs the gentleman, Mr. Hasay, for the purpose of maklng an announcement.

Mr. HASAY. Thank you, Mr. Speaker. Mr. Spcaker, I u,ould like to announce thcre will be a meeting of

the House Commerce and Economic Development Committee in room 40 of the East Wing immediately at the end of this recess, and I urge all those to attend. 'l'here are two important bills that have to be voted upon. Thank you, Mr. Spcaker.

The SPEAKEK. The gentleman announces the convening of a meeting on the dcclaration of the luncheon recess in room 40 in the East Wing. I thank the gentleman.

STATEMENT BY MAJORITY LEADER

The SPEAKER. The Chair recognizes the majority leader, Mr. Pelzel.

Mr. PERZEL. Thank you, Mr. Speaker. Mr. Speaker, this is an important day in our work together as

members of this House of Representatives. Through his budget address, his first as Governor of the

Commonwealth ofPennsylvania, Tom Ridge has given us the details ofhis agenda for the next fiscal year and beyond. Like you, I listened carelidly to the Govnnor'smessage. It is a good proposal and a solid beginning.

I congratulate Governor Ridge for his practical, sensible vision on how State government can best serve the people of this Commonwealth of Pennsylvania. In many respects, the Governor's budget reflects our agenda and the bipartisan accomplishments we have already achieved duing our first 2 months and our plans for the rest of this legislative session.

Governor Ridge's speech is the starting point of what will be a process of listening and discussing over the next several weeks and months. For the first time, memhers of this House will be given an opportunity to appear before the Appropriations Committee to offer their suggestions and raise concerns from their legslative districts. After hearing from our memhers, the committee will question the Governor's Cabinet on how the budget plan will affect their departments and how it will affect the families and communities Uuoughout this State. To insure that all Pennsylvanians are heard, we hope to hold hcarings on the budget at several locations across this State, seelung input fiom everyone who has a suggestion or a concern to share with us.

%s hudget reflects the broad plulosophy that government's role is to provide Pennsylvanians with opportunity to he evetything that they can be. This budget reflects our fundamental belief that government exists for one reason: to serve the people. We will demonstrate that we arc the servants of those people who put us here and their interests must bc our interests.

Governor Ridge has sent a strong signal to all Pennsylvanians that things are indeed changing. Look at our agenda, "Taking Charge for Change." One of ow Democrat colleagues said in a letter to a Senator that why do they not work in the Senate in a bipartisan manner, the way we have been doing it here in the House? If you take a look at ow "Taking Charge for Change," which each of you was supplied a copy of, lune of our major items that the Governor spoke of in his budget message are in that "Taking Charge for Change."

What started out as a Republican initiative has become a major bipartisan blueprint for success. Every hill we are passing has 1)emocrat and Republican support. Our special session on crime has been enormously successful and overwhelmingly bipartisan, Repuhhcans and-~emocrats are working together;; make this a better State in which to live, work, and play. We are governing by working together for positive change in Pennsylvania.

This is a new day, Mr. Speaker. The progess we have made in our first 63 days of this session is a stepping-stone toward adoption of a forward-looking, visionruy State budget.

The budget limits the growth of State govenunent to less than the projected rate of intlation.

Cutting taxes - business and the onerous widow's tax - is the strongest message we can send to Pennsylvanians that things are changing.

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648 LEGISLATIVE JOURNAL - HOUSE MARCH 7

Businesses create jobs. Let us keep our young people here in the Commonwealth of Pennsylvania. Good jobs with a promise for a future - this budget will do that.

Eliminating many unnecessary agencies and putting the clamps on the outmoded, job-limiting attitudes of the Department of Environmental Resources and the Department of Rsvenue send a strong message that things are changing, Mr. Speaker.

Reforming the welfare system - real, meaningful reform to take away opportunities for abuse and to move people from dependence to independence to dignity - sends another strong message that things are c h q g , Mr. Speaker, and this was the start of all that. A lot of you remember seeing th~s .

Just discussing major innovations in education shows us that things are changing.

Do we each support the ideas that the Governor has offered here today? Absolutely not. But it is refreshing to have a Governor who is not ataid to ask tough questions and to face a healthy debate on the issues.

Our Speaker has to be pleased with this budget. It is ~ c e to know that the Governor has a speech writer, unlike his predecessor, who knows the words "agriculture" and "tourism." It is another sign that things are indeed changing, Mr. Speaker.

All ladding aside, we are looking fonvard to working closely with Governor Ridge, with our colleagues here in the House of Representatives, and with our colleagues in the Senate to craft a budget that will serve every Pennsylvanian in the best possible way. Thank you, Mr. Speaker.

The SPEAKER. The Chair thanks the gentleman.

STATEMENT BY MINORITY LEADER

The SPEAKER. The Chair recognizes the gentleman, Mr. DeWeese.

Mr. DeWEESE. I used to wonder, Mr. Speaker, &er the solid and in many ways admirable Chief Executive who preceded Governor Ridge to the Executive Mansion had made his remarks, since I had a bepdging admiration and a strong admiration at times for Governor Casey, it was always difficult for me to fathom how the gentleman, Mr. Ryan, at that time the Republican floor leader, would take the miaophone and commence a very aggressive laceration and oveniew.

I do not know that I have come to any firm conclusion that that motivation was ill-conceived or wrongheaded, but I do know that we are a part of a great debate for the next 100 days as we try to discern how much of our State spending should be prioritized in certain aspects of the budget and others in other facets of the document. A budget is inherently a list of priorities, and Governor Ridge has nobly craffed his list.

I want to do what I believe some of my predecessors have done when they led the minority debate on the floor, and that is to give an encomium to the Governor for several things that he has shared with us today.

Number one, roads. L travel 400 miles a week to and from this building, and I have a gargantuan district of 750 square miles. Next to Bill Lloyd, it is the largest in the southwestern part of the State. There is no doubt that $800 million, the first time that a budget has ever exceeded $800 million in maintenance funding, is an appropriate assignment of funding. So I want to, again, congratulate the Governor for focusing on road maintenance.

I would also like to thank the Govemor for his focus on legal services - equal justice for all. I think that he could probably have crafted a document which would have been more generous by a million or two, since he did have to take the legal services line item down somewhat, but nevertheless, nevertheless, in this special-session-on-crime season, it is appropriate that Governor Ridge have some money for those amongst us who are poor and who need legal services.

Another thing, since many of you know I am inclined to be peripatetic, I have seen a good bit of the world at my own expense, and I am convinced that Governor Ridge is correct when he says that we must invest in export?; we must make certain that Pennsylvania's economy is the beneficialy of aggressive worldwide trade. So I commend him and I support him as he develops world trade offices J for our Commonwealth in several varied and sundry settings somewhere over the horizon.

Roads, legal services, world trade. I would also finally, not to say before I begin my laceration but

one last point I would like to share, I believe that he probably took a page out of Al Gore's book - I hope that is not repugnant to my . brothers and sisters on the other side of the aisle - but by spending money at our State university systems in a novel way, by allowing the presidents and the administrators of California University of , Pennsylvania or Bloomsburg or Mr. Coy's alma mater, Shippensburg, el a]., by allowing entrepreneurial spirits from academe to be involved in this budget season in this manner, is worthy of o w approbation.

I am not, Mr. Speaker, going to lament, and I am not going to be overly critical. I am going to bring up a few points that I think are worthy of our view, as Mr. Perzel, Mr. Pitts, et al., lead the majority party's investigations of our budget priorities and as Mr. Evans and our leadership team and our committee chairpersons and our rank and file hopefully get involved to the degree that Mr. P e m l has alluded.

I would also like to say that notwithstanding the grandiose comments of the gentleman from Philadelphia about bipartisanship . on final passage on a series of proposals, it would certainly help our collective endeavors if our rank and file were more involved in the committee process. The committee process is fundamental to the General Assembly, and heretofore, it has been given short shrift, so * I think it is imperative that if we are going to be really bipartisan - and 1 hope that we shall be - that we continue in that &tion within the committee environment. Mr. Pitts and Mr. Evans will have a wonderful challenge during the next several weeks.

I am glad to hear that the gentleman, Mr. Perzel, has indicated that the Committee of Appropriations will go on the road. It should not be isolated. It should not be cloistered. It should move. There '.I) should be some momentum and some opportunity for the General Assembly to go out into the State.

Governor Ridge, in his comments about crime, was on target vis-a-vis violent crime, but there was, in my view, a void when his remarks did not include white-collar crime; when he did not talk about the briefcase bandik, when he did not talk about the fact that many people, white-collar business men and women, who have cheated on theu taxes will be absolved. Again, I think it is important to realize that not all criminals are rufhns and ne'er-do-wells, that 4 many criminals are well-educated from our fine universities and smooth and suave and dapper and w m p t , and I thlnk it is imperative for the Chief Executive and our General Assembly to focus on white-collar crime.

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1995 LEGISLATIVE J( Quckly, on subsidies, I am perplexed that our wealthiest school

districts will still be receiving additional funds this year. I think that the equity f o d a that he has decided to partially embrace should be more fully embraced. I thirk that those of us, especially the 15,20, 25 GOP stalwarts who live in districts similar to my own, who are devastated by high property taxes and a confusing formula oppomnity should probably be with us as we tty to make certain that equity in school funding is a reality.

I am going to conclude my remarks by invoking the name of one of our more popular hail-fellows-well-met, the I-lonorable Mr. Gigliotti, from Pittsburgh. The gentleman, Mr. Gigliotti, as we all know, has somc proclivity, like George Washington at Trenton, for the gambler. It is a hard metaphor; it is a hard mctaphor, but no one can deny that Washington on Christmas Eve in 1777,l believe - no, 1776- Help me, Mr. Ryan. No, do not; do not. 1 know you wcrc not there, but-

The SPEAKER. Do not bet on that. Mr. DeWEESE. There is no doubt that gambling, in the lexicon,

can mean many h g s , but Govemor k d g e has decided to gamble on business tax cuts, on trickle-down, and that is not an unworthy gamble. I am not certain that we on our side would have done the same. I am convinced that some, if not many, would offer a contrary perspective, but nevertheless, we are seeing some inclination to gamble.

Now, I am under the impress~on, from a quick perusal of the document, that $200 million or $2 I 4 million will be realized in tax cuts. The honorable gentleman from Erie proclaimed a $2-billion tax cut over 4 years. We have got $1 8 billion to go, and I hopc that he docsnot roll in that $200 mlllion every year and call it $800 million. I hope that he can come up with a fulfillment of that promise - a $2-billion excisemclit of our tax structure. That is a challenge that will comport with his campaign rhetoric.

1 would like to thank thc gentleman, Mr. Ryan, and 1 would like to thank the gentleman, Mr. Perzel, Tor their collective endeavors today on behalf of our budget presentation. I am under the impression that Mr. Pitts will also have somc views to share and that my colleague from Philadelphia, Mr. Evans, will also.

We will hopefully be engaged in a bipartisan way at the committee level. Hopefully, Mr. Stairs and Mr. Cowell, et al., all of the minority and minority chairmen, will be able to engage and he a part of this document.

If the gentleman, Mr. Perrel, is able to realize h ~ s declared ambition vis-a-vis this effofl, we will all work together, and 1 think Govemor Ridgc's budget scason will he immeasurably cnhanced if that kind of collective endcavor is realized. Thank you.

The SPEAKER. The Chalr thanks the gentleman.

STATEMENT BY MR. EVANS

The SPEAKER. Would anyone else care to be recognized? The gentleman from Philadelphia, Mr. Evans. Mr. EVANS. 'Thank you, Mr. Speaker. I will keep my remarks

brief and to the point. 1 was looking forward, Mr. Speaker, to Mr. Ridge's first budget

proposal. I saw it as an opportunity for us to work together on some cntlcal issues facing all of us, and I commend him on a conservative spending plan.

JRNAL - HOUSE 649 Govemor Ridge has proposed a $16.1-billion General Fund

budget, a 2.5-percent increase over the available 1994-95 budget. In addition, he has requested a $214-million tax cut for businesses. As expected, Mr. Speaker, the budget request includes shifting and increased expen&tures for m d c a l assistance, for corrections, and for education.

I look fonvard to the next few months, as we examine t h ~ s budget line by line, Mr. Speaker. Today I will only pose a few questions for the General Assembly to consider. Since his inauguration, Mr. Speaker, Govemor Ridge has said he wants to make Pennsylvania's government more eficient and more effective. This morning he said he wants to do to Pennsylvania's budget what was taking place in his own household, about malung choices and priorities. Mr Speaker, that is not anything new, relating to what we havc expresscd over the last 4 years.

Govemor Ridge has added 5124 million to public basic education, with a guaranteed increase for each of the 501 school districts. How effective is that use of our education dollars? What does it do for our poorest districts except widen the gap, Mr. Speaker?

Even the much-touted choice program offers very little choice to very few parents. Will the average Pennsylvanian even qualify to participate in the $38.5-million program? If we are going to take money from our public schools, is there not a more effective or efficient way of appropriating that money?

How effective will $500,000 be in making our schools safer? How far will $1 million go towards provimng alternative programs for the most disruptive students in our schools? Is that efficient or is that effective?

In recent years, Mr. Speaker, Pennsylvania has emerged as a national leader in the field of economic development through its successful elforts in combining public and private resources to promote the economic well-being of its people and its businesses. Govemor Ridge has taken a different track.

How effective is it combining or eliminating such programs as industrial development assistance grants, local development district grants, and small business development centers in helping small businesses and local governments? How is the elimination of $36 million for small community sewage plants more effective, Mr. Speaker? How is the elimination of the Pennsylvania Economic Development Revitalization Fund, PERF, effective, Mr. Speaker?

We need to remember that effective government is more than just combining or eliminating line items. We must look beyond the numbers and examine the programs themselves. Do they work? Are they necessary ?

This is the beginning of the process. As I said before, I am looking fonvard to the hearings and the questions and the specifics so we can all work together to build a better Pennsylvania.

Mr. Speaker, I want to add one last point that was made by the majority leader. I am certainly glad to hear that the Appropriations Committee will go out on the road, because, Mr. Speaker, we have, over the last 4 years, opened up the process. We have taken the committee on the road. We have had joint hearings. We have had all types of sessions that allow John and Jane Q. Pennsylvanian to parkipate in the process. We hope, Mr. Speaker, that that part of the process will continue, because I believe that it is in the best interest of the people of lhe Commonwealth if they have opportunity to participate. Thank you, Mr. Speaker.

The SPEAKER. The Chair thanks the gentleman.

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650 LEGISLATIVE JOURNAL - HOUSE MARCH 7

STATEMENT BY MR. PITTS I AFTER RECESS

The SPEAKER. Does the gentleman, Mr. Pitts, seek I The tune ofrecess having expired, the House was called to order, recognition?

Mr. PITTS Thank you, Mr. Speaker. The SPEAKER. The eentleman is recomized

CALENDAR - - Mr. PITTS. Mr. Speaker, we have heard an extraordinary

resenta at ion for chanee this momine. This is certainlv not the status I BILLS ON SECOND CONSIDERATION - u

quo. The Governor has proposed an additional over $200 million in tax reductions to stimulate job creation in Pennsylvania. This is in addition to the $1.8 billion in cuts that we passed that go into effect during h s watch. He has proposed to streamline State spending, to hold the line on spending and growth in the bureaucracy. He has proposed to eliminate bureaucracy, to consolidate agencies. This is change.

We look forward to implementation of this first Ridge budget after its enactment. We will begin our hearings on Thursday of this week. We have scheduled a day for all the members to have an opportunity to appear before the Appropriations Committee. You have each received a copy of our agenda. We will in addition be going on the road, as has been mentioned. We look forward to working in a bipartisan manner with our colleagues to pass a budget that is h g a l , that is compassionate, that stimulates our economy, that is disciplined in our spending growth, and that will he good for all of Pennsylvania. Thank you, Mr. Speaker.

The SPEAKER. The Chair thanks the gentleman.

The Chair recognizes the majority leader. Mr. PERZEL. Thank you, Mr. Speaker. At this time I would suggest we break for lunch and for caucus

where it is necessary, come hack on the floor at 2 p.m. and run SB 2 in special session.

The SPEAKER. The Chair thanks the gentleman.

Is the gentleman, Mr. Fargo, calling for a Republican caucus? Is the ms,lority leader call'ing for a caucus? Republicans have no caucus Democrats have no caucus.

Does the majority leader or minority leader have any M e r business prior to the declaration of a recess?

ANNOUNCEMENT BY MR. McGEEHAN

The SPEAKER. The Chair recognizes the gentleman, Mr. McGeehan.

Mr. McGEEHAN. Thank you, Mr. Speaker. Mr. Speaker, I want to announce an immediate meeting of the

newly forming Irish caucus in room 3 9 E All interested members are welcome to attend.

The SPEAKER. Mr. McGeehan, is that room large enough? Mr. McGEEHAN. We are hoping it is not, Mr. Speaker. The SPEAKER. Mr. McGeehan, you have my proxy. I will not

make the meeting.

RECESS

The SPEAKER. Doesthemajonty leader or minorily leader have any M e r business?

Hearing none, this House stands in recess until 2 p.m.

The following bills, having been called up, were considered for the second time and agreed to, and ordered transcribed for third consideration:

I HB 825, PN 910; HB 659, PN 967; and HB 267, PN 260. 1

I BILL ON THlRD CONSIDERATION

The House proceeded to third consideration of HB 215, PN 1041, entitled:

An Act amending Title 23 (Domestic Relations) of the Pennsylvania Consalidated Statutes, further providing for medical histow information and for expedited procedures for support actions and proceedings.

On the question, Will the Ilouse agree to the bill on third consideration?

I Mr. S T U R U offered the following amendment No. A1260:

Amend Title, page 1, line 3, by ~triking out "AND and inserting a comma

Amend Title, page 1, line 4, by removing the period after "PROCEEDINGS and inserting

and for continuing jurisdiction over support orders. Amend Hill, page 3, by ~nserting between lines l l and 12 Section 4. Section 4352(d) of Title 23 is amended to read:

5 4352. Continuing jurisdiction over support orders. * * * (d) Arrears as judgments-On and seer the date it is due, each and

every support obligation shall constitute a judgment against the obligor by operation of law, with the full force, effect and attributes of a judgment of mu& including the ability to be enforced, and shall be entitled as a judgment ' to full faith and credit in this or any other state. The amount of oast due suowrt shall bear interest from the date it accrued at the rate of 18% simole interest oer annwn. Past due support obligations shall not became a lien upon the real and personal property of the person ordered to make such payments until the judgment or order has been entered of record in the office of the clerkofthe court of common pleas in the county where the real or personal property owned by the person obligated to pav support is located or in the ofice of the clerk of the branch of the court of common pleas embracing such county in accordance with 42 Pa.C.S. 5 4303 (relating to effect of judgments and ordersas liens). Execution shall issue thereon pursuant to the Rules of Civil Procedure. The obligation for payment of arrears or past due support shall terminate by operation of law when all arrears or past due support has been paid.

* * I

I Swt~un 5 lhc 3menll111cn1 .$I 23 1'3 C S 6 .13j&J) sliilll appl\ dnl\ ls,~udgmer~L\ hh\ npcr.m~n 01 la\\ drlrlllg on dr a11cr t h ~ ~ l l c i l ~ \ c Jatc oithla

I act

Amcnd Sec 4 . phge 3, line 12, by stnklng out "4" and insertlog 6

On the question, Will the I-louse agree to the amendment?

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1995 LEGISLATIVE JOURNAL - HOUSE 651 The SPEAKER. On the question of adoption o f the amendment

offered by the gentleman, Mr. Sturla, the gentleman i s recognized. Mr. STUR1.A. Mr. Speaker, this amendment passed the IIouse

lass session as a bill almost unanimously, and essentially, what it does i s puts an 18-percent interest on arrearages in c h l d support.

I would urge a "yes" vote.

O n the question recurring, Will the House agree to the amendment?

The following roll call was recorded:

Adolph Allen &gall h u o n g Baker Bard Barley Banisto Behko-Jones Belardi Helfanti Rinnelin

Egolf Evans Fairchild rajt Fargo Farmer Peese Fichter Fleagle Flick Gamble Cannon

Lucyk Lynch Maitland Majoy Manderino Markosek Manico Masland Mayemik McCall McGeehan McGill

sather Saylor Schroder Schuler Smrnenli Semmel Setafini Shaner Sheehan Smith, B. Smi* S. H. Snyder, D. W.

Rinhop Geist Mclio Staback Blaum George Mcny Stain Boscola Giglioni Mi~hlovic Steelman Boycs Gladeck Misozzie Steil Brown Godshall Mihali~.h Stem Browne Gordner hliller Stetler Bunt h i t r a Mundv Stish BuIkovitr nunon Caltagirone Cappabian~.a Cam Carone Cawley Chadwick Civera Clark Clymer Coho% L. I. Cohen, M. Colafella Colaizo Codi Comell Corpora Corrigan Cowell Coy cuny Daley DeLuca Dempsey Dent Demody DeWeese DiGirolamo Donatucci h c e Durham

CmPPo ~ai lo; Hahay Nickol Hnluska Nyce H m a O'Brien Harhart Olasz Hasay Oliver Hemessey Penel Herman Pesci Henhcy Petrarca lless Petrone Honey Pettit Hutchinnon Phillips ltkin Piccola Jsdlowaec Pistella lames Pi& Jarolin Platts Josephs Preston Kaiser Ramos Keller Raymond Kemey Readshaw King Reber Kinland Reinard Krebs Richardson Kukovich Rieger LaGruna Roberts laughlin Robinson Lawless Roebuck Lederer Rooney Leh Rubley I.escoritr Rudy Levdansky Sainato Llovd Santoni

NAY S-O

NOT VOTING-0

Svittmaner Sturla Surra Tangreni Taylor, E. Z. Taylor, J. Thomm Tigue Trcllo Trich True Tulli Vance Van Home Veon Vilali Walka Washington Waugh Williams wogan Worniak WrighC D. R. Wright, M. N. Yewcic Younghlwd Zimmeman zug

Ryan, Speaker

The majority having voted in the affirmative, the question was determined in the affirmative and the amendment was agreed to.

O n the question, Will the House agree to the bill o n h r d consideration a s

amended ?

Mr. KREBS offered the following amendment No. A1303:

Amend Title, page I , line 3, by inserting aAer "information" , far involuntary termination of parental rights

Amend Bill. page 2, by inserting between lines 12 and 13 Section 2. Section 251 l(a)(5) and (b) of Title 23 are amended and

subsection (a) is amended by adding a paragraph to read: 8 25 1 1 . Grounds for involuntary termination.

(a) General rule-The rights of a parent in regard to a child may be terminated after a petition filed on any of the following grounds:

I t *

(5) The child has been removed from the care of the parent by the court or under a voluntary agreement with an agency [for a oeriod ofat least six monthsl. the conditions which led to the removal >.

or placement of the child continue to exist, the parent [cannot or will not remedy those conditlons within a reasonable period of time] has not remedied those cond~tions within 12 months from the date of removal or placement, the services or assistance reasonably available to the parent [are not likely to remedy] have not remedied the conditions which led to the removal or olacement of the child within [a reasonable period of time]

and termination of the parental rights would best serve the needs and welfare of the child.

* (8) The child has been removed from the care of the oarent

child: - (i) was in olacement for a oeriod of 12 months or

(iil was returned home to the oarent. and ...

removed from the care of the oarent bv the court or under a voluntan~agreement with an apencv for similar conditions of abuse. neplect or incaoacitv.

(b) Other cansiderations-The court in terminating the rights of a parent shall give primary consideration to the develo~mental. ohvsical and

needs and welfare of the child. The rights of a parent shall not be terminated solely on the basis of environmental factors such as inadequate housing, furnishings, income, clothing and medical care if found to be beyond the control of the parent. With respect to any petition filed pursuant to subsection (aX1) [or (6)) through (81, the court shall not consider any efforts by the parent to remedy the conditions described therein which are first initiated subsequent to the giving of notice of the filing of the petition.

* Section 3. Section 2512(a) of Title 23 is amended by adding a

paragraph to read: 5 2512. Petition for involuntary termination.

(a) Who may file.-A petition to terminate parental rights with respect to a child under the age of 18 years may be filed by any of the following:

* * * (4) The child. reoresented bv an attorney. if the child has been

adiudiciltcd deoendent under 42 Pa.C.S. 6 6341(cl (relatine to adiudication). I * *

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LEGISLATIVE JOURNAL - HOUSE MARCH 7 Amend Sec. 2, page 2, line 13, by striking out "2" and inserting

4 Amend Sec. 3, page 3, line 2, by striking out "3" and inserting

5 Amend Sec 4, page 3, line 12, by striking out "4" and inserting

6

On the question, Will the House agree to the amendment?

The SPEAKER. On the question of adoption of the amendment, the Chair recognizes the gentleman, Mr. Krebs.

Mr. KREBS. Mr. Speaker, this amendment also passed in the last session of the House, and what it does is it changes one of the grounds for terminating parental rights f o r m adjudicated child, and it does that by changing the wording from "a reasonable period of tune'' to "12 months." It also adds an eighth condition for terminating parental rights, and it does that by saying that a child that has been adjudicated and returned to their parents and then brought back into the children and youth service, that that can now be a grounds for divorce. Then the third thing that it does, Mr. Speaker, is that it allows the child to have legal standing in a court of law for the termination of parental rights.

The SPEAKER. On the question of the adoption of the Krebs amendment, the Chair r e c o v s the gentleman from Luzemc, Mr. Blaum.

Mr. BLAUM. Thank you, Mr. Speaker. Mr. Speaker, 1 rise in support of the Krebs amendment. This was in a bill which the House passed last session, and I do

not know if Mr. Krebs knows it, but it is almost to the day in 1994, March 7, when that bill passed. Again, what the amendment does is Q and prevent lads from lingering in foster care year after year after year atler year when there are loving parents that are ready and willing to adopt these children.

I think + h s is an outstanding amendment to a v e v good bill and ask that the House approve this amendment. Thank you, Mr. Speaker.

On the question retuning, Will the House agree to the amendment?

The following roll call was recorded:

Adolph Allen Argall ~ o n g Baker Bard Barley Banisto Bebko-Jones Belardi Belfanti Bumelin Bishop Blaum Boscola Boyes Brown Browme Bunt Bulkovilz

Egolf Evans Fairchild Fajt Farm - F-er Feese Fichter Fleagle Flick Gamble G m o n Geist George Giglioni Gladeck Godshall Gordner Gruilza k P P 0

Lucyk Lynch Maitland Major Manderino Markosek Marsica Masland Mayemik McCall McGeehan McGill Melio Mew Michlovic Micouie Mihalich Miller Mundy Sailor

SaUler Saylor Schroder Schuler Smimenti Semmel Serafini Shaner Shechan Smith, B. Smith, S. H. Snyder, D. W Staback Stain Steelman Steil Stem Stetler Stish SIrittmaIier

Buston Caltagirone Cappabianca Cam Carone Cawley Chadwick Civera Clark Clymer Coheq L. I. C o h q M. Colafella Colaiuo Conti Cornell Corpora Corrigan Cowcll COY cum_ Daley DeLuua Dempsey Dent Dmnody DeWeese DiGirolamo Donatucci Dmee Durham

Habay Haluska H m a Harharl Hasay Hmessey Herman Hershey Hess Homey Hutchinson ltkin Jadlowlec James Jarolin Josephs Kaiser Reller Kenneg King Kirkland Krebs Kukovich LaGrotta Laughlin Lawless Ledcror Leh k c o v i l z lrvdansky Lloyd

Nickol Nyce O'Brien Olasz Oliver Pmel Pesci P h c a Parone Penit Phillips Piocola Pistella Pi- Plam Preston Ramos Raymond Readshaw Reber Reinard Rieger Roberts Robinson Roebuck Rooney Rubley Rudy Sainato Santoni

Taylor, J Thomas Tlgue

w Trello Trlch True Tulli Vance Van Home Veon Vitali Walko Washington Waugh Williams

r' Wogan Wozniak Wright D. R. wnght. M. N. Yewcic Youngblood Zimmmnan zug

R y a ~ Speaker

NAYS-I

Richardson

NOT VOTING4

Rohrer Travaglio

The majority having voted in the afiirmative, the question was .

determined in the affirmative and the amendment was agreed to.

On the question recurring, Will the House agree to the bill on third consideration as

amended?

Ms. BISHOP offered the following amendment No. A1313:

Amend Title, page 1 , line 3. by inserting after "information" . for eligibility for adoption

Amend Bill, page 2, by inserting between lines 12 and 13 w Section 2. Section 23 12 of Title 23 is amended to read:

6 2312. Who mav adovt. , . Any individual may becamean adopting parent. The race. ethnic origin

or reliion ofan individual is not a consideration in determining whether that individual mav adoot.

Amend Sec 2, page 2, ?

line 13, by striking out "Zand <

Amend Sec 3, page 3.11ne 2, by stnk~ng out "3" and lnsertlng 4

Amend Bill. page 3, by inserting behveen lines 1 l and 12 w Section 5 . The amendment of 23 P a C S . 5 2312 shall apply to

petitions for adoption filed on or after the efTective date of this act. Amend Sec 4, page 3,11ne 12, by striking out " 4 and inserting

6

Page 13: COMMONWEALTH OF PENNSYLVANIA LEGISLATIVE JOURNAL · COMMONWEALTH OF PENNSYLVANIA LEGISLATIVE JOURNAL TUESDAY, ... recognize Your interest and Your leadership in the affairs of State

1995 LEGISLATIVE JOURNAL - HOUSE 653 On the question, Will the House agree to the amendment?

The SPEAKER. On the question of the adoption of the amendment, the Chair recognizes the lady, Ms. Bishop.

Ms. BISHOP. Thank you, Mr. Speaker. Mr. Speaker, this amendment gives us the idea of who can and

who IS eligble of adopting a child, that race, ethnic origin, or religion of an individual is not a consideration in determining whether or not that individual may adopt.

1 simply want to say that there are hundreds of children today that are in foster-care systems that move from one foster-care home to another until they are the age of 18, and at the age of 18, they are no longer adoptable. They are let out of the home, troubled, with no parents and do not know who their real parents are, because policy tcday mandates that an Mean-American child cannot be adopted by a Caucasian family. Oftentimes, the Ahcan-American children in the system are far more than there are adoptable African-American parents.

So I ask, in order to get these hundreds of children out of the foster-care systems by parents who would love them and parents who would want them and would provide good homes for them, that we give a "yes" vote on this amendment. Thank you.

The SPEAKER. The Chair thanks the lady. On the question of the adoption of the Bishop amendment, the

Chair recognizes the gentleman, Mr. Steil. Mr. STHL. Mr. Speaker, we have amendment A1 3 15.1 do not

believe we have an amendment A13 13. The SPEAKER. Will the gentleman yield. Amendment A13 13 was distributed. It was not distributed with

a packet, hut it was distributed. The Chair will wait a moment to allow the gentleman to scan it.

It will not take hut a moment. Are there any further comments or debate on the question of the

Bishop amendment?

On the question recurring, Will the House agree to the amendment?

The following roll call was recorded:

Adolph Allen Argall Armstrong Baker Bard Barley Banisto Bebko-Jones Belardi Belfadi Birmelin Bishop Blaum Roscola Boycs Brow Browe Bunt Butkovitz nuaon Caltagirone

Egalf Evans Fairchlld Fajt Fargo Farmer Feere Fichter Fleagle Flick Gamble G m o n Geia George Gigliotli Gladeck Godshall Gordner Gruitza *PP~ llabay Haluska

Lucyk Lynch Maitland Major Mandenno Markosek Marsico Masland

Melio Merry Michlovic Micouie Mihalich Miller Mundy Nailor Nickol Nyce

sather Saylor Schroder Schuler Smimenti Semmel Serafini Shaner Sheehan Smith B. Smith, S. H. Snyder, D. W. Staback Stain Steelman Steil Stem Stetler Stish Strimalter Sturla s u m

Cappabianca Carone Cawley Chadwick Civera Clark Clqmer Cohen L. I. Cahen M. Colafolla Colaiuo Conti Cornell Corpora corngan Cowell COY Curry Daley DeLuca Dempscy Dent Dermody DeWeese DiGirolamo Donatucci D ~ c e Durham

H m a Harhart Hasay Hennessey Herman Hershey Iiess Horsey Hutchinson ltkin Jadlowiec lames larolin Kaiser Keller K m e y King Kirkland Krebs Kukovich Lacrotta Laughlin Lawless Lederer Leh Lescovilz Levdamky Lloyd

O'Brien 0 l w Oliver Pmel Pesci Pebarca Petrone Pettit Phillips Piccola Pisfella Pitts Platts Reston Ramos Raymond Readshaw Reber Reinard Richardson Rieger Roberts Roebuck Rooney Rubley Rudy Salnato Santoni

Tangreai Taylor, E. Z. Taylor, I. 'll,~hnnas

Tiguc Trello Trich True Tulli Vance Van Home Vcon Walko Wwhmglon waugh Williams Wogan Womiak wngM D. R. W"ghf M. N Yewcic Youngblwd Z i m n m a n zug

NAY S-2

NOT VOTING-2

Cam Joseph

The majority having voted in the attinnative, the question was determined in the a m a t i v e and the amendment was agreed to.

On the question recurring, Will the House agree to the bill on third consideration as

amended? Bill as amended was agreed to.

The SPEAKER. This bill has been considered on three different days and agreed to and is now on final passage.

The question is, shall the bill pass fmally ?

For what p q o s e does the gentleman, Mr. Sather, rise 7 Mr. SATHER. To address the hill on final passage, Mr. Speaker. The SPEAKER. The gentleman is in order. Mr. SATHER. Thank you very much. Mr. Speaker, I am very pleased that we are at this point in our

deliberation on IB 215.1 would respectfully request your support on this legislation. It is much in need in the communities today.

I have had personal experience with this type of legislation, and I think those who are adopted have every right to expect and to receive all the information that is available can be made available to them. We are also, as you know, in the legislation protecting the confidentiality of the birth parent or the natural parent.

I would ask for an affirmative vote. Thank you.

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654 LEGISLATIVE JOURNAL - HOUSE MARCH 7 The SPEAKER. The Chair thanks the gentleman. I EXCUSED-2

On the question retuning, Shall the bill pass finally 7 The SPEAKER. Agreeable to the provisions of the Constitution,

the yeas and nays will now he taken.

dolph Egolf h c ~ k Sather Allen Evans Lpch Saylor Argall Fairchild Maitland Schroder W o n g Fajt Major Schuler Baker Farm Manderino Smmenti Bard Barley Ballisto Bebko-Jones Belardi Belfanti Bimnelin Bishop Blaum Boscola Boyes Brown

" Farmer Feese Fichter Fleagle Flick Gamble G ~ o " mist George Gididti Gladeck Godshall

Semmel Serafki Shaner Sheehan Smith, 8. Smith, S. H. Snyder, D. W Staback Stairs Steelman Steil Stem

Browme Gordner Miller SMler Bunt Oruilza Mundy Stish Butkovitz ~ P P O Nailor StnNnalter Buxton Habay Nickol Sturla Caltagirone Cqipbianca Cam Camne Cawley Chadwick Civers Clark C l p e r Cohm, L. I. Cohen, M. Colafelle Colaizzo Conti Comell corpora Cmipan Cowell COY c w Daley DeLuca Dempsey Dent D m o d y DeWeese EiGimlamo Donabcci Druee D u m a

H a I d a Nyce H a m O'Brien H d a n Olasz Hasay Oliver H-essey Perzel Herman Pesci Hershey Petrarca Hess Petrone Horsey Pellit Hutchinson Phillip Itkin Piccola Jadlowiec Pistella James Pitts lamlin Platts Joseph Preston Kaiser Ramos Keller Raymond Kenney Readshaw King Reber Kirkland Reinard Krebs Richardson Kukovich Rieger LaGrottz Rob& Laughlin Robinson Lawless Roebuck Lederer Rooney Leh Rubley Lcscovitz Rudy Levdansky Sainato Lloyd Santoni

NAY S-O

NOT VOTING4

Surra Tanpetti Taylor. E. Z. Taylor, J. Thomas Tigue Trello Tnch True Tulli Vance Van Home Veon Vitali Walko Wzshingtn Waugh Williams Wogan Womiak W"ght, D. R. W"ght. M. N Yewcic Youngblood Zimmerman zug

R Y ~ R Speaker

1 The majority required by thz Constitution having voted in the

affirmative, the question was determined in the affirmative and the bill passed finally.

Ordered, That the clerk present the same to the Senate for concurrence.

RESOLUTION PURSUANT TO RULE 35

The SPEAKER. The resolution we are about to take up, although not a onvile~ed resolution. is a resolution that deserves o w attention - and ow respect. It is a memorial resolution with respect to the three firefighters who died fighting a fire in the Allegheny County area recently.

Mr. GIGLIOTTI called up HR 72, PN 1072, entitled:

A Resolution recognizing Captain Thomas A. Brwks , tirefighter Patricia Conroy and firefighter Marc Kolenda, all members of the Pittsburgh Fire Department.

On the question, Will the House adopt the resolution?

The SPEAKER. The Chair recognizes the gentleman, Mr. Gigliotti.

Mr. GIGLIOTTI. Thank you, Mr. Speaker. Mr. Speaker, on February 14, a tragedy happened in the city of

Pittsburgh, as the resolution so indicates. We lost three great firefighters in the city of Pittsburgh, and one of those firefighters lived in my district, Marc Kolenda.

At this time I would hke to yield the floor to my colleagues who both lost a firefighter in each of their districts. The first one is Mr. Harry Readshaw.

Mr. READSHAW. Mr. Speaker, obviously this resolution is presented in light of the tragedy that occurred on February 14, 1995, and claimed the lives of three very brave firefighters; namely, Captain Thomas Brooks, firefighter Patricia Conroy, and firefighter Marc Kolenda.

In honor of these dcdicatcd, courageous firefighters, we ask, obviously, for evqone in this honorable House to vote affnmatively on this resolution.

The firefighter who lived in my district was Patricia Conroy. Thank you, Mr. Speaker.

The SPEAKER. The gentleman is recognized. Mr. WALKO. Thank you, Mr. Speaker. Captain Tom Brooks resided in my district, along with his wife,

Lynn, and children, Kelly and Josh. They were a warm family who were very active in the Polish Hill community.

Certainly we shall send ow wndolences of the House to Lynn and the children and let them know that Captain Brooks' tragic death shall re&rm our commitment to the firefighters with the stark j realization that each time a firefighter hears the alarm bell, it may be his or her last trip to a fire. Thank you, Mr. Speaker.

The SPEAKER. The Chair thanks the gentleman, Mr. Walko.

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LEGISLATIVE JOURNAL - HOUSE On the question recurring, Will thc House adopt the resolution?

The SPb;N(ER. On the questlon of the adoption of the resolution, those in favor will rise and remain standiig as a mark ofrespect for these deceased members of the firefighting community.

(Whereupon, the members of the IIouse and all visitors stood in a moment of silence in solemn respect to the memory of Capt. Thomas A. Brooks, Patncia Conroy, and Marc Kolenda.)

'The SPE.4KF.K. The resolution is unanimously adopted.

SUPPLEMENTAL CALENDAR A I RESOLUTION PURSUANT TO RULE 35 I

Mr. McGEEHAN called up HR 79, PN 1165, entitled: I A Resolution declaing March 1995 as ''Irish American Heritage Month

in Pennsylvania.

On the qucstion, Will the House adopt the resolution '7

The SPEAKER. The Chair recognizes the gentleman from Bucks County, Mr. Corrigan.

Mr. CORRIGAN. Thank you, Mr. Speaker. Mr. Speaker, I rise to rcport today the formation of an

lrish caucus in the House of Representatives. I would also like to report that on the 23d ballot, the following

men- The SPEAKER. Will the gentleman yield. Mr. CORRIGAN. Yes. The SPEAKER. I th~nk the members are missing a very, very

important announcement. Mr. Corrigan, plcasc hold your voice up; project your voice. Mr. CORRIGAN Thank you, Mr. Speaker. I will start again. Today in this budding the lirst Irish caucus was formed in the

House of Representat~ves. As the Governor said today, "with mixed reaction."

I am also pleased to report that on the 23d ballot, the following men and women were electcd to leadership positions in this caucus: myself, I was elected chairman of the lrish caucus; the vice chairman is the Honorable Denny O'Brien; the secretary is the Honorable Sara Steelman; Representativc FIennessey is the sergeant at arms - be has the shillelagh - and last but not least, the entertainment director is Representative i.ynch.

Thank you very much, Mr. Speaker. I omitted, Mr. Spcakcr - I apologize - I omitted the name ol

Representative Tigue, who is the trcasurer. Thank you very much. The SPEAKER. The Chair thanks the gcntleman. In deferencc to the brand-new l r~sh caucus, we recognize a few

aspiring candidates, the gentleman, Mr. Miconie. Mr. MICOLLIE. Thank you, Mr. Speaker. If the Insh caucus and the Italian caucus ever got together, we

could mle the world. Thank you. The SPEAKER. Mr. Trello. Mr. TKEI,I,O. Mr. Speaker, as an eligible candidate for

membership in the Irish caucus, duc to the very lovcly young lady

that I manied, I want to congratulate the committee for creating such a caucus.

The Italian caucus has worked very, very well. I grew up in an Italian neighborhood, and about, oh, right after the 1936 flood, we allowed a few lrish families to move into our neighborhood, and of course, all the Italians were very skeptical of these Insh people. They thought they were h-oublemakers; they were going to cause problems, and after 3 or 4 years, we found out that they were good, honest, hardworkmgpeople, and ever since then we have gotten along very, very well.

So with my personal experience with the lrish community, I want to congratulate the caucus, and I can assure you that 1 will soon be a member. Thank you vely much.

The SPEAKER. The Chair recognizes the gentleman, Mr. McGeehan.

Mr. McGEEIlAN, T h a d you, Mr. Speaker. I, too, congratulate the newly elected chairman and the

committee. I also want to extend to my Italo-American brothers,

Mr. Micozzie and Mr. Trello, our full cooperation in this great institution.

I want to say that as all gwd Irishmen, they have to have handles, and 'Tom told you who those members are, but they now have new handles withii the committee. Of course, as chairman, Tom "Mr. I r i sh Corrigan; Dennis "the Irish Rover" O'Brien; Sara "the Rose of Tralee" Steelman; Tom "the Tinker" Tigue; Timmy "the Bouncer" Hennessey; and Jim "the Hrbernian" Lynch.

Mr. Speaker, the Irish in America have a long and proud tradition. Over 40 million Americans today claim some form of Irish heritage even though the Emerald Isle only has 4 million citizens. We are a prolific and sometimes irascible people, but, Mr. Speaker, it is a proud heritage. We want to recognize that.

'This committee wants to work with this body to educate all Pennsylvanians about the immense contributions of Insh-Americans, starting with the esteemed Speaker, Matthew J. Ryan.

On a serious note, Mr. Speaker, when we dealt with the original resolution today, I noticed in this resolution that a firefighter from Pittsburgh, Patty Conroy, is the granddaughter of Irish immigrants &om Galway, so kom the very esteemed Speaker to a gallant firefighter who gave her l i e in the service of the people of Pittsburgh, we have a great and long history in this Commonwealth, and we are looking Coward to sharing that history with all Pennsylvanians. Thank you.

The SPEAKER. The Chair thanks the gentleman. Here is another aspiring Irishman, Mr. Kikland. Mr. KIRKLAND. T h a d you, Mr. Speaker. O'Kirkland is the name. On behalf of the Black Caucus, we, too, Mr. Speaker, would like

to congratulate the formation of the Irish caucus here in the House of Representatives.

It just continues to show the great diversity of cultures and races that abound throughout this I-louse of Representatives, and it shows that when people begin to sharc their own background, we begin to get a better understanding of one another.

So as a member ofthe Black Caucus and as a representative of them, we would like to congratulate them on their formation, and, yes, I do have a little bit of O'Kirkland - I am sony - Insh in myself Congratulations.

The SPEAKER. 1 am going to regret this one. The Chair recognizes the gentleman, Mr. Cawley

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656 LEGISLATIVE JOURNAL - HOUSE MARCH 7 Mr. CAWLEY. Thank you, Mr. Speaker. Mr. Speaker, I had an accident, so that is why I have my mouth

covered right now. But I would like to announce that the first lrish narade will be this Saturdav at 9 o'clock. and Sundav vou will read ,, in the paper, "Among the injured were . . "

Thank you, Mr. Speaker. The SPEAKER. I did not get it. The Chair recognizes the gentleman, Mr. Mihalich. Mr. MIHALICH. Thank you, Mr. Speaker. On a personal note, 1 would like to say that I recognized the true

value and what beautifid people the lrish were 43 ago when I manied Lois Elaine.

And on another personal note, I would like to say that we offer our congratulations here in the House. The 63 members of the central and eastern European c a u c u s It is an informal organization that we f m e d last year, and we are glad to see that the Irish fmally got some spunk. We are great admirers of them, and we are going to cooperate with them in any way. Thank you.

On the question recurring, Will the House adopt the resolution?

The foll

Adolph Allen Argall Armstrong Baker Bard Barley Banisto Bebko-Jones Belardi Belfmi Bimelin Bishop Blaum Bmola Boyes Brown Brome Bunt Butkoviiz Buaon Caltagirone Cappabianca Cam Carone Cawley Chadwick Civera Clark c l p e r Cohe", L. I. Cohe", M. Colafells Colaiuo Cani Comell Corpora c0"igan Cowell COY curry dale^ DeLuca Dempsey

owing roll call was recorded:

Egolf Lucyk Evans Lynch Fairchild Maitland Fajt Major Fargo Manderino Farmer Markosek Feese Marsico Fichter Mapland Flesgle Mayemik Flick McCall Gamble Mffieehan Gannon McGill Geist Melio George Merry Gigliotli Michlovic Gladeck Micowie Godshall Mihalich Gordner Miller G m i b Mundy @UPP~ Nailar Hahay Nickol Haluska Nyce Hanna O'Bnen Harhart Olapz Hasay Oliver Hennesscy Perrel Herman Pesci Hershey Pewarea Hsss Parone Horsey Penit Hutchinson Phillips Ilkin Piccola Jadlowiec Pistella James Pit& Jarolin Platts Josephs Preston Kaiser Ramos Keller Raymond Kenney Readshaw King Reber Kirkland Reinard Krebs Richardson Kukovich Rieger LaGrotta Roberts

Sather Saylor Schrodm Schuler Saimenti Semmel Se r a f i Shaner ~~~~~~~ ~~

Smith, B. Smith S. H. Snyder, D. W.

Stairs Steelman Steil Stem Stetler Stish strinmaner Sturla S u m Tangreni Taylor, E. Z. Taylor, J. 7homap Tigue Trella Trich True Tulli v a n e Van Home Veon Vitali Walko Washington Waugh Williams Wogan Womiak W"gk D. R. Wright, M. N. Yewcic

Dent Laughlin Robinson Youngblood Dermody Lawless Roebuck Zimmerman DeWeese laderer Rooney zug DiGirolamo Leh Rubley Donatucci Lescovitz Rudv Rvan. . . Dru~e Levdansky Sainato Speaker Durham Lloyd Santoni w

NAY S-O

NOT VOTING4

The majority having voted in the affirmative, the question was determined in the affirmative and the resolution was adopted

INTERGOVERNMENTAL AFFAIRS - COMMITTEE MEETING

The SPEAKER. The Chair recognizes the gentleman, Mr. Flick, for the purpose of making an announcement. f

The gentleman, Mr. Flick, is recognized to announce that there will be a meeting of the lntergovemmental Atrairs Committee on Wednesday, March 8, at 10 a.m. in room 39, East Wing. The purpose ofthe meeting will be a discussion of SR 12 with the possibility of a vote on that resolution.

DEMOCRATIC CAUCUS

The SPEAKER. The gentleman, Mr. Cohen, desires recognition for the purpose of making a caucus announcement. I suggest you listen.

Mr. COHEN. Thank you, Mr. Speaker. Mr. Speaker, there will be a Democratic caucus to discuss --

tomorrow's agenda tomorrow at 10 a.m. in the Democratic caucus room.

The SPEAKER. The Chair thanks the gentleman.

BILLS REPORTED FROM COMMITTEES, CONSIDERED FIRST TIME, AND TABLED

HB 109, PN 81 By Rep. PICCOLA

An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania w

Consolidated Statutes, further providing for devices for theA of telecommunications services and for theR of services.

HB 497, YN 525 By Rep. PICCOLA

An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, further providing for restriction of operating privilege. *

JUDICIARY

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1995 LEGISLATIVE JOURNAL - HOUSE 657 HB 558, PN 591 By Rep. HASAY

An Act amending the act of December 14, 1992 (P.L.810, No.l30), known a~ the Pennsylvania Export Partnersh~p Act, further providing for the expiration date.

COMMERCE AND ECONOMIC DEVELOPMENT

HB 710, PN 782 By Rep. HASAY

An Act amending the act ofDecember 12, 1980 (P.L.1179, N0.219). known as the Secondary Mortgage Loan Act, adding definitions, further providing for license requirements, for license applications, for license fees, far license powers, for records requirements, for bmrtations, for prepayment, for annual fees and for penalties.

COMMERCE AND ECONOMIC DEVELOPMENT.

HB 800, PN 885 By Rep PICCOLA

An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, further providing for aggravated assault on sheriffs and deputy sheriffs.

JUDICIARY.

BILLS REMOVED FROM TABLE

The SPEAKER. The Chair recogfuzes the majority leader. Mr. PERLEL. Mr. Speaker, I move that the following bills be

removed from the table:

HB 703; HB 558; and Ill3 710.

On the question, Will the House aFec to the motion? Motion was agreed to.

BILLS RECOMMITTED

The SPEAKER The Chair recognizes the majority leader. Mr. PERZEL. Mr. Speaker, I move that the following bills be

recommitted to the Appropriations Committee:

I-IB 174; F I B 845; HB 846; HE 844; HF3 248; HR 703; HB 558; and HB710.

On the question, Will the House agree to the motion 7 Motion was agreed to.

ADDITIONS AND DELETIONS OF SPONSORS

f ie SPEAKER. The Chair achowledges receipt of addlions and deletions for sponsorships of bills, which the clerk will file.

(Copy of list is on file with the Journal clerk.)

HOUSE BILLS INTRODUCED AND REFERRED

No. 1061 By Representatives CAPPABIANCA, GEORGE, LEDERER, BEBKO-JONES, SCRIMENTI, CURRY, L. I. COHEN, MERRY, JADLOWIEC, E Z. TAYLOR, BELARDI, PISTELLA, TIGUE, COLAFELLA and TRELLO

An Act amending the act of December 5, 1936 (2nd Sp.Sess., 1937 P.L.2897, No.1). known as the Unemployment Compensation Law, providing for a self-employment assistance program.

Referred to Committee on LABOR RELATIONS, March 7, 1995.

No. 1062 By Representatives GIGLIOTTI, DeLUCA, J. TAYLOR, THOMAS, E O N , BELARDI, STURLA, CAWLEY, STABACK, MERRY, MIIWICH, SATHER, JAROLIN, LaGROTTA, TRELLO, OLASZ, LEVDANSKY, PRESTON, YOUNGBLOOD, STEELMAN, LAUGHLIN, YEWCIC, BOSCOLA, PISTELLA, SflANER, BELFANTI and HALUSKA

An Act regulating and requiring the licensure of construction contractors; establishing the Construction Contractor Licensing Board, establishing the Construction Contractor Licensing Board Fund, imposing penalties, and making an appropriation.

Referred to Committee on PROFESSIONAL LICENSURE, March 7,1995.

No. 1063 By Representatives FAIRCHILD, CLARK, GEIST, SATEER, PIT'TS, JADLOWIEC, NAILOR, CONTI, FICHTER, HIITCHINSON, BIRMELIN, ZUG, KING, LYNCH, TIGUE, GODSHALL, ARMSTRONG, FLICK, DeLUCA, RAYMOND, MICOZZIE, LAWLESS, HERSHEY, HENNESSEY, DEMPSEY,

I MELIO, KENNEY, COLAFELLA, GRUPPO, STERN, FARGO, EGOLF, SAYLOR, PETTIT, TRUE, LEH, HESS, PHILLIPS, ALLEN, PLATTS, MERRY, E Z. TAYLOR, MARSICO, FL.EAGI.E, MiLLERBROWN, ADOLPH, S H. SMITH, HASAY, BAKER, WOZNIAK, SEMMEL, CIVERA, GAMBLE and LAUGHLlN

A Joint Revolution proposing an amendment to the Constitution of the Commonwealth of Pennsylvania, providing for spending limitations on the Commonwealth and its political subdivisions.

Referred to Committee on STATE GOVERNMENT, March 7, 1995.

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658 LEGISLATIVE JOURNAL - HOUSE MARCH 7

RUBLEY, IENNESSEY, LAUGIILIN and E. Z. TAYLOR I Referred to Committee on FINANCE, March 7, 1995. d

No. 1064 By Representatives PITTS, PESCI, FLICK, YOUNGBLOOD, MERRY, MELIO, TRELLO, STISH, S E M L , HERSHE y, SCHRODER, CL-, %EAGLE, J ~ ~ ~ ~ ~ ~ ,

An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, further providing far the seats of courts of common pleas.

An Act amending the act of March 4, 1971 (P.L.6, No.2). known as the Tea Reform Cade of 1971, providing for income tax refund contributions to the Pennsylvania Make-a-Wish Foundation.

Referred to Committee on LOCAL GOVERNMENT, March 7, 1995.

N a 1065 By Representatives PITTS, YOUNGBLOOD, FLICK, MELIO, TRELLO, STISH, HERSHEY, CLARK, FLEAGLE, RUBLEY, DERMODY, IENNESSEY, LAIJGHLIN, MILLER and E. Z. TAYLOR

An Act mending the act ofAugust 9, 1955 (P.L.323, No.130), known as Thc County Cade, further providing for the afflces and records of certain

county officials.

Referred to Committee on LOCN, GOVERNMENT, March 7, 1995.

No. 1066 By Representatives TRELLO, ALLEN, DeLUCA, NAILOR, VAN HORNE, RAYMOND, PESCI, FAJT, GIGLIOTTI, BROWN, CURRY, S. H. SMITH, BELARDI, LEH, CAF'PABIANCA, M. N. WRIGHT, COLAFELLA, THOMAS, MUNDY, MAITLAND, STABACK, WALKO, MICHLOVIC, S E W , ROONEY, FLICK, LAUGIILIN, CLARK, BATTISTO, GEIST, MIHALICH, L. I. COHEN, MELIO, SERAFINI, WOZNIAK and DAI.EY

An Act amending the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, further providing for bakety products in relation to the sales tax; and making an editorial change.

Referred to Committee on FINANCE, March 7, 1995

No. 1067 By Representatives TRELLO, SCHRODER, COLAFELLA. FARGO. MELIO, NAILOR. FAJT. ZUG. DeLUCA,

N a 1069 By Representatives TREI.I.0, NAILOR, GIGI,IOTTI, RAYMOND, PESCI, ALLEN, VAN HORNE, HABAY, DeLUCA, HERSHEY, LAUGHLIN, S. H. SMITH, MUNDY, LEH, COLAFELLA, HERMAN, CAPPABIANCA, M. N. WRIGHT, STABACK, M A I T I N , ROONEY, WALKO, THOMAS, FLICK, CORRIGAN, CLARK, MIHALICH, E. Z. TAYLOR, MELIO, DRUCE, WOZNIAK, L. I. COIEN, DAIEY, ADOLPH, COY and --

CIVERA w An Act amending the act of March 4, 1971 (P.L.6, NO.^), known as the

Tax Reform Code of 1971, repealing certain provisions imposing sales and use tax on employment agency services or help supply services.

Refmed to Committee on FINANCE, March 7, 1995. - No. 1070 By Representatives TRELLO, LEH, MUNDY,

S E M I M , ROBERTS, FARGO, MELIO, ALLEN, THOMAS, HERMAN, STEELMAN, RAYMOND, PESCI, WALKO, LAUGHLIN, CIVERA, BELARDI, GEIST, CAPPABIANCA, 1.. I. COEEN, STAUACK, SANTONI, DeLUCA, ROONEY, BATTISTO, TANGRETI'I, MDlALICII, GIGLIOTTI, LlJCYK and DALEY

An Adamending the act ofAugust 14,1991 (P.L.342, No.36). known as the Lottery Fund Preservation Act, further providing for responsib~lities of the Department of Aging.

Referred to Committee on AGING AND YOUTH, March 7, 1995.

No. 1071 By Representative DeW:ESE - , An Act amending Title 34 (Game) of the Pennsylvania Consolidated

Statutes, providing for the imposition of pollution abatement surcharges on licenses and permits. b

RAYMOND,HABAY, PESCI, BROWN, COY, R E ~ S H A W , GIGLIOTTI. HERSHEY. g0sCOL~. S, H, S ~ ~ ~ ~ . L ~ H . I Referred to Committee on GAME A N ) FISI~IERIES, March 7,

CAPPARIANCA, STERN, MUNDY,' HERMAN, RO'ONEY; M. N. WRIGHT, SCHULER, MICIILOVIC, WOGAN, ITKIN, SATHER, CORRIGAN, THOMAS, LAUGHLIN, MAITLAND, ROBERTS, FLICK, TANGRETTI, WALKO, WOZNIAK, SEMMEL, MIHALICH, HASAY, SIEELMAN, VANCE, DALEY, BAKER, B. SMITH, I E S S , CLARK, E. Z. TAYLOR, GEIST, DRUCE, L. I. COHEN, ADOLPH, SERAFINI and CIVERA

An Act amending the act of March 4, 1971 (P.L.6, No.?), known as the Tax Reform Code of 1971, repealing the tax on annuity considerations.

No. 1072 By Representative DeWEESE

An Act amending Title 30 (Fish) of the Pennsylvania Consolidated Statutes, providing for the imposition of pollution abatement surcharges on 'J licenses and permits.

Referred to Comm~ttee on GAME AND FISHERIES, March 7, 1995.

Referred to Committee on FINANCE, March 7, 1995. I No. 1073 By Kepresentatives S. H. SMITH, LYNCH, REBER, BARLEY, HERMAN, FARMER, LEH, PETTIT, RUHLEY,

No. 1068 By Representatives TREL1.0, NAILOR, THOMAS, FARGO, HABAY, MCGII.I,, DEMPSEY, FIARHART, MAJOR,

PESCI, RAYMOND, DeLUCA, LEH, GIGLIOTTI, SCHULER, MARSICO and CORNELL w CAPPABIANCA, E. Z. TAYLOR, COLAFELLA, SERAFINI, MUNDY. CIVERA, STABACK, ROONEY, BATTISTO, LAUGHLIN, MIHALICH, MELIO, WOZNlAK and DALEY

An Act proriding for areview process for filings with the Department of Environmental Resources. and providing for the administration of certain statutes by the Pennsylvania State Police and the Department of Health.

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1995 LEGISLATIVE JOURNAL - HOUSE 659 Referred to Committee on ENVIRONMENTAL RESOURCES

AND ENERGY, March 7, 1995.

No. 1074 By Rcpresentativcs DRUCE, MUNDY, STURLA, ARGALL, SI'ABACK, BUNT, MELIO, SATHER, GEIST, RAKER, CARONE, JAROLIN, FARMER, THOMAS, HANNA, McCALL, DiGIROLAMO, ALLEN, REBER, SEMMEL, ARMSTRONG, RUBIEY, COWELL, PITTS, M. N. WRIGHT, STEELMAN, PLATTS, SCIIRODER, SAYLOR, BROWNE, HENNEiSSEY, ROIRER, MILl.ER, TRUE, E. Z. TAYLOR, MERRY, WAUGH, COY, ADOLPH, MAITLAND, KING, CIVERA, MICOZZIE, HATTIS'I'O, BOSCOLA, PISTELLA, L. I. COIW,N and HASAY

An Adamanding the act of March 4, 1971 (P.L.6, NO.^), known as the Tax Reform Code of 1971, further providing for the definition of "sale at retail."

Referred to Committee on FINANCE, March 7, 1995

No. 1075 By Representatives DKUCE, GEIST, KUKOVICH, HERMAN, SAT'HER, kEI,IO, STISH, HENNESSEY, DEMPSEY, HATTISTO, NICKOL, MIJNDY, IIERSHEY, YOUNGBLOOD, ARGALL, M. N. WRIGH'I', PLATTS, LYNCH, BROWNE, E. Z. TAYLOR, MERRY, RAYMOND, MAITI.AND, HIITCHINSON, CIWRA, J. TAYLOR, FLICK, COLAFELLA and D m

An Actamendingthe act ofApril 9, 1929 (P.L.I77,No.l75), known as The Administrative Code of 1929, providing for the source of appropriations to the Pennsylvania State Police.

Referred to Committee on APPROPRIATIONS, March 7, 1995.

HOUSE RESOLUTlON INTRODUCED AND REFERRED

Na 78 By Rcpresentatives FARCI3L.D, GORDNER, FICHTER, CORRIGAN, PESCI, LYNCII, RAKER, FARGO, ALLEN, HENNESSEY, DEMPSEY, NYCE, STBACK, WAUGH, KING, STERN, SAYLOR, PlIII.LIl'S, HERSHEY, IWLUSKA, MERRY, I,EH, SATIIER, TRELI.0, E. Z. TAYI,OR, HANNA, STAIRS, PLATTS,MELIO, SURRA, MILLER, B. SMITH, HESS, CLARK, STEELMAN, EEESE, CtlADWICK, S. H. SMITI-I, JADLOWIEC, HUTCHINSON, BROWN, ARGALL, RELFANTI, CAWLEY, McChLL, B l W L I N , PICCOLA, MAJOR, STISII, KREBS, RUDY, HASAY, ILERMAN, MASLAND, SERAFINI, KAYMOND and LUCYK

A Resolution calling for the Legislat~ve Budget and Finance Committee to conduct an immediate audit of the Department of Environmental Resources in order to investigate the expenditures of moneys that were allocated to the DER for reimbursement of its contractor, Chem-Nuclear, who was to identify three ptential sites and operate the low-level radioactive waste facility.

Referred to Committee on RULES, March 7, 1995.

SENATE RESOLUTION FOR CONCURRENCE

The clerk of the Senate, being introduced, presented the following resolution for concurrence:

Refemed to Committee on RULES, March 7, 1995.

ADJOURNMENT

The SPEAKER. Does the majority leader or minority leader have any futher business in regular session? Any further reports of committee ? Announcements ?

Hearing none, the Chair recognizes the lady from Phladelphia, Ms. Manderino.

Mr MANDEREVO. Mr. Speaka; I move that this House do now adjourn until Wednesday, March 8, 1995, at I1 am., e.s.t., unless sooner recalled by the Speaker.

On the question, Will the House agee to the motion? Motion was agreed to, and at 4:07 p.m., e.s.t., the House

adjourned.