commonwealth of pennsylvania legislative journaljun 07, 1993 · ic commission, to serve for a tenn...

COMMONWEALTH OF PENNSYLVANIA

LEGISLATIVE JOURNAL

MONDAY, JUNE 7,1993

SESSION OF 1993 177TH OF THE GENERAL ASSEMBLY No. 34

SENATEMONDAY. June 7. 1993

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

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

PRAYER

The Chaplain, Reverend MATfI-IEW R. CIRELLI. Pastorof St. Rose Church. Darlington. offered the following prayer:

Let us call upon the God in whom we believe with thename that each of us knows as the one that we are most familiar with.

Whatever the name may be under which we address Youand with whatever divine qualities. we all believe You to bethe totally diffefl.~nt and superior being who is the source oflife and existence for all of us. Above You there is no one.besides You no one shares equality. In spite of this enormousdifference between You. us. and the whole of creation. it hasbeen Your intention to share who You are and what You arewith each and every human being that has lived, is living. andwill ever live on this serenely blue planet.

As a sign of Your unimaginable greatness. You havegranted to every one of us a unique share in the depth of Yourlimitless life. No one can say that You care little about them.All are equal to one another for the same reason that no onehas in their being more of Your life and meaning than theother. How profound and awesome is the reality of this lifethat is ours because of You. Who could have ever imaginedthat such greatness comes even before we are provided anopportunity to manifest personally. but further greatness can beours as You call us to grow. develop. refine, and embellish thelife in us that yearns for expression.

In these halls dedicated to fashioning justice and equality.which are the foundation stones of human commerce and exchange. we pray that a vision of mankind truly reflecting Yourpurposes pervade all the discussions and deliberations of thisAssembly. Let all who assemble herein be attentive to divineguidance so that their voices proclaim an unmistakable clarityand their minds be imbued with a vision of mankind that seeksto promote a truly common wealth of unique human spirits.

Throughout history every age in society has been called toadd what is appropriate and urgent for their particular age.Now. august Senators, your power has arrived and you mustmake your response to the needs of this moment. We pray inthese grave moments to have great men and women appear.

We also pray that you fashion greatness in our times. Hear usall, Lord, to share in that greatness of spirit that is of You andfrom You. Amen.

The PRESIDENT. The Chair thanks Reverend Cirelli, whois the guest this day of Senator LaValle.

JOURNAL APPROVED

The PRESIDENT. A quorum of the Senate being present,the Clerk will read the Journal of the preceding Session ofMay 28, 1993.

The Clerk proceeded to read the Journal of the precedingSession, when, on motion of Senator LINCOLN, further reading was dispensed with and the Journal was approved.

COMMUNICATIONS FROM THE GOVERNOR

APPROVAL OF SENATE BILLS

The PRESIDENT laid before the Senate communications inwriting from His Excellency. the Governor of the Commonwealth, advising that the following Senate Bills had been approved and signed by the Governor:

SB 399, 772, 754, 755, 756, 757, 758, 760, 761, 762, 763,765, 767, 768, 769, 770, 771, 773, 774, 775, 776, 777, 778,779, 780, 781, 782, 783, 784, 785, 786, 787, 788, 789, 790,791, 792 and 793.

NOMINATIONS BY THE GOVERNORREFERRED TO COMMITTEE

The PRESIDENT laid before the Senate the following communications in writing from His Excellency. the Governor ofthe Commonwealth, which were read as follows and referredto the Committee on Rules and Executive Nominations:

STATE ATHLETIC COMMISSION

June 2, 1993

To the Honorable, the Senate of the Commonwealth ofPennsylvania:

In confonnity with law, I have the honor hereby to nominate forthe advice and consent of the Senate. Charles P. Bednarik, R. D. #4,Box 30, Coopersburg 18036, Lehigh COl.mty. Sixteenth SenatorialDistrict, for reappointment as a member of the State Athletic Commission, to serve for a tenn of four years and until his successor isappointed and qualified.

ROBERT P. CASEYGovernor

912 LEGISLATIVE JOURNAL - SENATE JUNE 7,


June 2, 1993


In confonnity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, Marvis K. Frazier, 305 BokRoad, Wyncote 19095, Montgomery County, Fourth Senatorial District, for appointment as a member of the State Athletic Commission,to serve for a tenn of four years and until his successor is appointedand qualified, vice Howard E. McCall, Philadelphia, whose tennexpired.



June 2, 1993


In confonnity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, Andrew A. DePaolo, 107 Evandale Drive, Pittsburgh 15220, Allegheny County, Thirty-seventhSenatorial District, for reappointment as a member of the State Athletic Commission, to serve for a tenn of four years and until his successor is appointed and qualified.


MEMBER OF THE BOARD OF TRUSTEESOF CLARKS SUMMIT STATE HOSPITAL

June 2, 1993


In confonnity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, Joseph M. Cognetti, 238 VassarAvenue, Clarks Green 18411, Lackawanna County, Twenty-secondSenatorial District, for reappointment as a member of the Board ofTrustees of Clarks Summit State Hospital, to serve until the thirdTuesday of January 1999 and until his successor is appointed andqualified.


MEMBER OF THE BOARD OF TRUSTEESOF CLARKS SUMMIT STATE HOSPITAL

June 2, 1993


In confonnity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, John 1. Jennings, 1715 CapollseAvenue, Scranton 18509, Lackawanna County, Twenty-second Senatorial District, for reappointment as a member of the Board of Trustees of Clarks Summit State Hospital, to serve until the third Tuesdayof January 1999, and until his successor is appointed and qualified.


DISTRICT JUSTICE

June 2, 1993


In confonnity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, Donald A. Wilhelm, 421 SouthSaint Marys Street, Saint Marys 15857, Elk County, Twenty-fifthSenatorial District, for appointment as a District Justice, in and for theCounty of Elk, Magisterial District 59-3-03, to serve until the firstMonday of January 1994, vice Elizabeth J. Friedl, resigned.


RECALL COMMUNICATIONSREFERRED TO COMMfITEE

The PRESIDENT laid before the Senate the following communications in writing from His Excellency, the Governor ofthe Commonwealth, which were read as follows and referredto the Committee on Rules and Executive Nominations:

MEMBER OF THE COMMONWEALTH OFPENNSYLVANIA COUNCIL ON THE ARTS

June 2, 1993


In accordance with the power and authority vested in me as Governor of the Commonwealth, I do hereby recall my nomination datedApril 28, 1993, for the appointment of Angela Blackston, 148 FawnRidge North, Harrisburg 17110, Dauphin County, Fifteenth SenatorialDistrict, as a member of the Commonwealth of Pennsylvania Councilon the Arts, to serve until July I, 1995 and until her successor isappointed and qualified, vice Bernard C. Watson, Ph.D., Elkins Park,resigned.

I respectfully request the return to me of the official message ofnomination on the premises.


DISTRICT JUSTICE

June 2, 1993


In accordance with the power and authority vested in me as Governor of the Commonwealth, I do hereby recall my nomination datedMarch 4, 1993, for the appointment of Robert McNelis, 439 WylieAvenue, Clairton 15025, Allegheny County, Forty-fifth SenatorialDistrict. as District Justice, in and for the County of Allegheny, Magisterial District 5-3-09, to serve until the frrst Monday of January1994, vice Sarge Fiore, mandatory retirement.



1993 LEGISLATIVE JOURNAL - SENATE 913

RECALL COMMUNICATIONLAID ON THE TABLE

The PRESIDENT laid before the Senate the following communication in writing from His Excellency, the Governor ofthe Commonwealth, which was read as follows and laid on thetable:

DISTRICT JUSTICE

June 2, 1993


In accordance with the power and authority vested in me as Governor of the Commonwealth, I do hereby recall my nomination datedMarch 23, 1993, for the appointment of Andrew K. Fine, Esquire, 21East Ninth Street, Marcus Hook 19061, Delaware COWlty, Ninth Senatorial District, as District Justice, in and for the COWlty of Delaware,Magisterial District 32.1·36, to serve WltH the fIrst Monday of January 1994, vice George W. Paige, mandatory retirement.



HOUSE MESSAGES

SENATE BILLS RETURNED WITH AMENDMENTS

The Clerk of the I louse of Representatives returned to theSenate SB 323, SB 691 and SB 759, with the information theHouse has passed the same with amendments in which theconcurrence of the Senate is requested.

The PRESIDENT. Pursuant to Senate Rule XV, Section 5,these bills will be referred to the Committee on Rules andExecutive Nominations.

HOUSE BILLS FOR CONCURRENCE

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

June 2, 1993

HB 1596 - Committee on Education.

June 4, 1993

HB 78, 371 and 948 -- Committee on Transportation.HB 678 -- Committee on Consumer Protection and

Professional Licensure.DB 830 and 1340 -- Committee on Aging and Youth.DB 1392 -- Committee on Public Health and Welfare.

BILLS INTRODUCED AND REFERRED

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

May 28, 1993

Senators BAKER, REffiMAN, JUBELIRER, RHOADESand HART presented to the Chair SB 1169, entitled:An Act making an appropriation to the Department of Education

for the Re:Learning Project.

Which was committed to the Committee on EDUCATION,May 28, 1993.

Senators FISHER, LOEPER, HART, SHUMAKER, CORMAN and MOWERY presented to the Chair SB 1170,entitled:An Act establishing the Legislative Tax Commission to study the

impact of the taxation of business services, to recommend a businessservices taxation policy, to provide guidance for the adoption of ageneral taxing policy and to update these policies annually.

Which was committed to the Committee on FINANCE,May 28, 1993.

Senators PORTERFIELD, AFFLERBACH, MUSTO andFUM°presented to the Chair SB 1171, entitled:An Act providing for lists of uncashed Commonwealth checks

and for agreements relating to the recovery ofcertain unclaimed property.

Which was committed to the Committee on STATE GOV-ERNMENT, May 28, 1993.

Senators FAITAH, SCHWARlZ, Wll.,LIAMS, DAWIDA,MUSTO, REffiMAN, STEWART, SALVATORE,AFFLERBACH, BORlNER, RHOADES, BRIGHTBILL,FUMO, LINCOLN, FISHER and MELWW presented tothe Chair SB 1172, entitled:An Act authorizing Commonwealth and municipal government

entities to enter into guaranteed energy savings contracts.

Which was committed to the Committee on STATE GOVERNMENT, May 28, 1993.

Senators FISHER, WENGER, MOWERY, CORMAN andHELFRICK presented to the Chair SB 1173, entitled:An Act revising medical malpractice standards and procedures.

Which was committed to the Committee on nIDICIARY,May 28, 1993.

Senators JUBELIRER, HELFRICK, SALVATORE,REIBMAN, BRIGHTBILL and FISHER presented to theChair SB 1174, entitled:An Act amending the act of March 10, 1949 (P. L. 30, No. 14),

entitled "Public School Code of 1949," adding a defmition of "instmc·tion."


Senators JUBELIRER, HELFRICK, MUSTO,SALVATORE, REIBMAN, BRIGHTBILL, HART andFISHER presented to the Chair SB 1175, entitled:An Act amending the act of March 10, 1949 (P. L. 30, No. 14),

entitled "Public School Code of 1949," further providing for causesfor termination of the contract of a professional employee; and providing for the establishment of regional evaluation teams.



Senators JUBELIRER, HELFRICK, MUSTO, HART,SALVATORE, REIBMAN, FISHER and BRIGHTBILLpresented to the Chair SB 1176, entitled:An Act amending the act of March 10, 1949 (P. L. 30, No. 14),

entitled "Public School Code of 1949," further providing for a ratingsystem in relation to professional employees; and making editorialchanges.



entitled "Public School Code of 1949," further providing for causesfor termination of contract of a professional employee.



entitled "Public School Code of 1949," further providing for dismissalof professional employees.



entitled "Public School Code of 1949," providing for contracts ofemployment for professional employees and for certain hearings andappeals.


Senators JUBELIRER, HELFRICK, HART, BRIGHTBILL,SALVATORE and REIBMAN presented to the ChairSB 1180, entitled:An Act amending the act of March 10, 1949 (P. L. 30, No. 14),

entitled "Public School Code of 1949," further providing for the certification of teachers; and making an editorial change.


Senators FUMO, DAWIDA, FAITAH, HART, HELFRICKand SALVATORE presented to the Chair SB 1181, entitled:An Act amending Title 18 (Crimes and Offenses) of the Pennsyl

vania Consolidated Statutes, further providing for penalties for patronizing prostitutes.

Which was committed to the Committee on JUDICIARY,May 28, 1993.

June 2, 1993

Senators 0' PAKE, MUSTO, AFFLERBACH,STAPLETON, SCHWARTZ and LAVALLE presented tothe Chair SB 1182, entitled:An Act providing for protective services for certain persons with

disabilities, for powers and duties of the Department of PublicWelfare, for reports of abuse, for immunity, for temporary care andfor emergency placement; and imposing penalties.

Which was committed to the Committee on PUBUCHEALTH AND WELFARE, June 2,1993.

Senators STOUT, CORMAN, STEWART, HELFRICK,O'PAKE, BELAN, BELL, DAWIDA, SALVATORE,PUNf, REIBMAN, LAVALLE, FATIAH, STAPLETONand ROBBINS presented to the Chair SB 1183, entitled:An Act amending Title 75 (Vehicles) of the Pennsylvania Con

solidated Statutes, requiring the department to issue special motorcycle organization registration plates.

Which was committed to the Committee on TRANSPORTATION, June 2, 1993.

Senators GREENLEAF, HART and MUSTO presented tothe Chair SB 1184,entitled:An Act amending Title 66 (Public Utilities) of the Pennsylvania

Consolidated Statutes, providing for construction of sewer or watersystem extensions.

Which was committed to the Committee on CONSUMERPROTECTION AND PROFESSIONAL LICENSURE, June 2,1993.

Senator GREENLEAF presented to the Chair SB 1185,entitled:An Act amending Title 42 (Judiciary and Judicial Procedure) of

the Pennsylvania Consolidated Statutes, providing for the limited rightof jurors to take notes.

Which was committed to the Committee on JUDICIARY,June 2, 1993.

Senators GREENLEAF, HART, HELFRICK, PUNT andWENGER presented to the Chair SB 1186, entitled:An Act amending the act of March 10, 1949 (P. L. 30, No. 14),

entitled "Public School Code of 1949," prohibiting practicing of psychological methods by public school teachers and counselors.

Which was committed to the Committee on EDUCATION,June 2, 1993.

Senators HART, JUBELIRER and DAWIDA presented tothe Chair SB 1187, entitled:

An Act amending the act of March 10, 1949 (p. L. 30, No. 14),entitled "Public School Code of 1949," further providing for the definitions of "weighted pupil" and "weighted average daily membership";and defining "magnet."


Senators HART, JUBELIRER, DAWIDA, FISHER andCORMAN presented to the Chair SB 1188, entitled:


An Act amending the act of March 10, 1949 (P. L. 30, No. 14),entitled "Public School Code of 1949," providing for the establishment of an administrator control incentive award program.


Senators LYNCH and STEWART presented to the ChairSB 1189, entitled:An Act amending the act of April 12, 1951 (P. L. 90, No. 21),

entitled, as reenacted, "Liquor Code," further providing for enforcement.

Which was committed to the Committee on LAW ANDJUSTICE, June 2, 1993.

Senators MELLOW, LINCOLN, FUMO, REIBMAN, AFFLERBACH, STAPLETON, O'PAKE, STEWART,PORTERFIELD, LAVALLE, SCHWARTZ, MUSTO,ANDREZESKI, STOUT, WILLIAMS, DAWIDA, FATTAH, LEWIS, BELAN, LYNCH, JONES and SCANLONpresented to the Chair S8 1190, entitled:An Act amending the act of March 4, 1971 (P. L. 6, No.2),

entitled "Tax Refonn Code of 1971," further deftning "taxable income"; reducing the rate of corporate net income tax; further defIning"average net income" for capital stock and franchise tax computations; including electric utilities on the increased gross receipts taxand additional surtax; and further providing for the taxation of titleinsurance companies Wlder Article IX.

Which was committed to the Committee on FINANCE,June 2, 1993.

Senators LINCOLN, MELLOW, FUMO, REIBMAN,AFFLERBACH, STAPLETON, O'PAKE, STEWART,PORTERFIELD, SCHWARTZ, LAVALLE, MUSTO,ANDREZESKI, STOUT, WILLIAMS, DAWIDA,FATTAH, LEWIS, BELAN, LYNCH, JONES, SCANLONand MOWERY presented to the Chair SO 1191, entitled:An Act amending the act of March 4, 1971 (P. L. 6, No.2),

entitled "Tax Refonu Code of 1971," further defming "taxable income" and "average net income" for capital stock and franchise taxcomputations.


Senators STOUT, LAVALLE, STEWART, AFFLERBACH,BODACK, PECORA, REIBMAN, CORMAN, MADIGAN,TILGHMAN, PETERSON, BELAN, LINCOLN, MELLOW, DAWIDA and FISHER presented to the ChairSO 1192, entitled:An Act appropriating money from the Sunny Day FWld to the

Department of Commerce for various projects throughout this Commonwealth for ftscal year 1993-1994.

Which was committed to the Committee on APPROPRIATIONS, June 2, 1993.

June 3, 1993

Senator STAPLETON presented to the Chair SB 1193,entitled:An Act amending the act of JWle 3D, 1981 (P. L. 128, No. 43),

entitled "Agricultural Area Security Law," defining "eligt"ble counties"; further providing for allocation of State moneys, for averagerealty transfer tax revenues and for weighted transfer tax revenues.

Which was committed to the Committee on AGRICULTURE AND RURAL AFFAIRS, June 3,1993.

June 7, 1993

Senator SALVATORE presented to the Chair SB 1194,entitled:An Act amending Title 75 (Vehicles) of the Pennsylvania Con

solidated Statutes, further providing for meeting or overtaking schoolbus.


Senator SALVATORE presented to the Chair SB 1195,entitled:An Act amending Title 18 (Crimes and Offenses) of the Pennsyl

vania Consolidated Statutes, further providing for licenses.

Which was committed to the Committee on JUDICIARY,June 7, 1993.

Senators SALVATORE, DAWIDA, GREENLEAF, HARTand PJIOADES presented to the Chair SB 1196, entitled:An Act amending Title 75 (Vehicles) of the Pennsylvania Con

solidated Statutes, providing for separation of commercial driver offenses.


Senators SALVATORE, GREENLEAF and ROBBINSpresented to the Chair SB 1197, entitled:An Act amending the act of December 19, 1990 (P. L. 1200, No.

202), entitled "Solicitation of Funds for Charitable Purposes Act,"further providing for defmition of "charitable organization."


RESOLUTION INTRODUCED AND REFERRED

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

June 7, 1993

CONGRATULATING JEFFERSON MEDICALCOLLEGE ON ITS ACIDEVEMENT OF BEING

NAMED THE FOREMOST MEDICAL INSTITUTIONIN TilE NATION FOR THE TRAINING OF

PRIMARY CARE PHYSICIANS

Senators SALVATORE, ROBBINS, BELAN, SCANLON,WILLIAMS, HELFRICK, JONES, AFFLERBACH,TILGHMAN, CORMAN, REffiMAN, WENGER O'PAKE,DAWIDA, FUMO, FISHER, SCHWARTZ, BELL, GREENLEAF, HART, FAITAH, RHOADES and SHUMAKER offered the following resolution (Senate Resolution No. 64),


which was read and referred to the Committee on PublicHealth and Welfare:

In the Senate, June 7, 1993

A RESOLUTION

Congratulating Jefferson Medical College on its achievement ofbeing named the foremost medical institution in the nationfor the training of primary care physicians.

WHEREAS, Jefferson Medical College of Thomas JeffersonUniversity in Philadelphia has recognized the serious need for thetraining of primary care physicians and the equally important need tomotivate those trained as primary care physicians to practice in Wlderserved areas; and

WHEREAS, Jefferson Medical College in 1974 initiated thePhysician Shortage Area Program with the intent of not only addressing the serious need to train primary care physicians, but to encouragethese primary care physicians to practice in the many Wlderservedareas throughout this Commonwealth; and

WHEREAS, The Physician Shortage Area Program conducted byJefferson Medical College has for the second year in succession resulted in the school being chosen as the foremost medical institutionin the nation in the training of primary care providers according to asurvey conducted by U. S. News and World Report in its March 22,1993, issue; and

WHEREAS, The methods used in the successful administrationof the Physician Shortage Area Program by Jefferson Medical Collegewas detailed in the prestigious The New England Journal of Medicinethrough the publication of a paper written by Dr. Howard K.Rabinowitz of the Jefferson Medical College faculty; and

WHEREAS, These efforts offer a successful blueprint for anymedical school seeking to increase its efforts in these areas; thereforebe it

RESOLVED, That the Senate of Pelmsylvania pause in its deliberations to extend its congratulations to Jefferson Medical College forthis most commendable effort and for the recognition accorded thecollege as the nation's leading medical school in efforts to train primary care physicians and encourage them to practice in Wlderservedareas; and be it further

RESOLVED, That the Senate of Pennsylvania further extend itscongratulations to Dr. Paul C. Brucker. President of Thomas JeffersonUniversity, and to Dr. Joseph Gonnella. Dean of Jefferson MedicalCollege, for their leadership that has contributed in making this program a resoWlding success.

GENERAL COMMUNICATION

LIST 0.' LOBBYISTS AND ORGANIZATIONS

The PRESIDENT laid before the Senate the following communication, which was read by the Clerk as follows:

SENATE OF PENNSYLVANIA

JWle 1. 1993

To the Honorable, the Senate of theCommonwealth of Pennsylvania

To the Honorable, the House of Representativesof the Commonwealth of Pennsylvania

In compliance with Act No. 712 of the 1961 Session and Act No.212 of the 1976 Session of the General Assembly titled the "Lobbying Registration and Regulation Act," we herewith jointly present alist containing the names and addresses of the persons who haveregistered from May I. 1993 through May 31, 1993 inclusive, for the

177th Session of the General Assembly. This list also contains thenames and addresses of the organizations represented by these registrants.

Respectfully submitted:

MARK R. CORRIGANSecretarySenate of Pennsylvania

JOHN J. ZUBECKChief ClerkHouse of Representatives

(See Appendix for complete list.)

REPORTS FROM COMMITTEE

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

SO 242 (Pr. No. 1418) (Amended)

An Act amending the act of April 9, 1929 (P. L. 177, No. 175),entitled "The Administrative Code of 1929," further providing forbudget procedures by prohibiting certain line items to be transferredto the State Lottery FWld.

SO 627 (pr. No. 1419) (Amended) (Rereported)

An Act providing for the regulation ofpublic bathing places; andcreating the Safe Bathing Place FWld.

SB 839 (Pr. No. 912) (Rereported)

An Act amending the act of July 6, 1984 (P. L. 614, No. 127),entitled "Sheriff Fee Act," further providing for fees.

SO 845 (Pr. No. 918) (Rereported)

An Act amending the act of July 1, 1981 (P. L. 191, No. 57)entitled, as amended, "Register of Wills Fee Law," providing for theestablishment and modification of fees; and providing for the imposition of an additional fee.

SO 1016 (Pr. No. 1242) (Rereported)

An Act amending the act of April 9, 1929 (P. L. 177, No. 175),entitled "The Administrative Code of 1929," further providing for thereview of fmancial solvency of insurers.

SB 1192 (Pr. No. 1411)

An Act appropriating money from the Sunny Day Fund to theDepartment of Commerce for various projects throughout this Commonwealth for fiscal year 1993-1994.

SPECIAL ORDER OF BUSINESSANNOUNCEMENT BY THE SECRETARY

The SECRETARY. Consent has been given for the committee on Rules and Executive Nominations to meet duringtoday's Session to consider certain nominations.

LEGISLATIVE LEAVES

The PRESIDENT. The Chair would first recognize the gentleman from Fayette, Senator Lincoln.

Senator LINCOLN. Mr. President, I would request a tempo-


rary Capitol leave for Senator Andrezeski, and a legislativeleave for the day for Senator Stout, who is speaking at thegraduation ceremonies at one of the high schools in his district.

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

Senator LOEPER. Mr. President, I request a legislativeleave for today's Session on behalf of Senator Brightbill.

The PRESIDENT. Senator Lincoln requests a temporaIYCapitol leave for Senator Andrezeski, and a legislative leavefor Senator Stout.

Senator Loeper asks for a legislative leave for SenatorBrightbill.

There seems to be no objections to the leave requests.Those leaves will be granted.

DISCHARGE PETITIONS

The PRESIDENT laid before the Senate the following communications, which were read by the Clerk as follows:


A PETITION

To place before the Senate the nomination of Cannen Way as amember of the Health Policy Board.

TO: The Presiding Officer of the Senate

WE, The Wldersigned members of the Senate, pursuant to section8 (b) of Article IV of the Constitution of Pennsylvania, do herebyrequest that you place the nomination of Cannen Way, Lewisburg.Pennsylvania, as a member of the Health Policy Board. before theentire Senate body for a vote. the nomination not having been votedupon within 15 legislative days:

Robert C. JubelirerF. Joseph LoeperD. Michael FisherNoah W. WengerRichard A. Tilghman


A PETITION

To place before the Senate the nomination of G. Roderick Snyderas the Prothonotary of Berks COWlty.


WE, The undersigned members of the Senate, pursuant to section8 (b) of Article IV of the Constitution of Pemlsylvania. do herebyrequest that you place the nomination of G. Roderick Snyder.Robesonia, Pennsylvania, as the Prothonotary of Berks County. beforethe entire Senate body for a vote, the nomination not having beenvoted upon within 15 legislative days:



A PETITION

To place before the Senate the nomination of Colonel William B.Lynch as Brigadier General of the Pennsylvania NationalGuard.


WE, The undersigned members of the Senate, pursuant to section8 (b) of Article IV of the Constitution of Pennsylvania, do herebyrequest that you place the nomination of Colonel William B. Lynch,Clinton, Pennsylvania, as Brigadier General of the Pennsylvania National Guard, before the entire Senate body for a vote, the nominationnot having been voted upon within 15 legislative days:



A PETITION

To place before the Senate the nomination of Charles W. Pruitt, Jr.,as a member of the Health Policy Board.


WE, The undersigned members of the Senate, pursuant to section8 (b) of Article IV of the Constitution of Pennsylvania, do herebyrequest that you place the nomination of Charles W. Pruitt, Jr., Pittsburgh, Pennsylvania, as a member of the Health Policy Board, beforethe entire Senate body for a vote, the nomination not having beenvoted upon within 15 legislative days:



A PETITION

To place before the Senate the nomination oj Jeffrey P. Lindtner,as a member of the Health Policy Board.


WE, The undersigned members of the Senate, pursuant to section8 (b) of Article IV of the Constitution of Pennsylvania, do herebyrequest that you place the nomination of Jeffrey P. Lindtner, Philadelphia. Pennsylvania, as a member of the Health Policy Board, beforethe entire Senate body for a vote, the nomination not having beenvoted upon within 15 legislative days:



A PETITION

To place before the Senate the nomination of Mary Del Bradyas a member of the Health Policy Board.



WE, The undersigned members of the Senate, pursuant to section8 (b) of Article IV of the Constitution of Pennsylvania, do herebyrequest that you place the nomination of Mary Del Brady, Pittsburgh,Pennsylvania. as a member of the Health Policy Board, before theentire Senate body for a vote, the nomination not having been votedupon within 15 legislative days:



A PETITION

To place before the Senate the nomination of Colonel John E.Stevens as Brigadier General of the Pennsylvania NationalGuard.


WE, The undersigned members of the Senate, pursuant to section8 (b) of Article IV of the Constitution of Pennsylvania, do herebyrequest that you place the nomination of Colonel John E. Stevens,Bethlehem, Pennsylvania, as Brigadier General of the PennsylvaniaNational Guard, before the entire Senate body for a vote, the nomination not having been voted upon within 15 legislative days:



A PETITION

To place before the Senate the nomination of Brigadier GeneralRobert G. ChrisjolUl as the Major General of the PennsylvaniaNational Guard.


WE, The undersigned members of the Senate, pursuant to section8 (b) of Article IV of the Constitution of Pennsylvania, do herebyrequest that you place the nomination of Brigadier General Robert G.Chrisjohn, Palmyra, Pennsylvania, as the Major General of the Pennsylvania National Guard, before the entire Senate body for a vote, thenomination not having been voted upon within 15 legislative days:



A PETITION

To place before the Senate the nomination of Andrew K. Fine,Esq., as District Justice of Delaware County.


WE, The undersigned members of the Senate, pursuant to section8 (b) of Article IV of the Constitution of Pennsylvania, do herebyrequest that you place the nomination of Andrew K. Fine, Esq., Mar-

cus Hook, Pennsylvania, as District Justice of Delaware County,before the entire Senate body for a vote, the nomination not havingbeen voted upon within 15 legislative days:



A PETITION

To place before the Senate the nomination of Charles D. Waldropas a member of the Board of Trustees of Danville StateHospital.


WE, The undersigned members of the Senate, pursuant to section8 (b) of Article IV of the Constitution of Pennsylvania, do herebyrequest that you place the nomination of Charles D. Waldrop, Danville, Pennsylvania, as a member of the Board of Trustees of DanvilleState Hospital, before the entire Senate body for a vote, the nomination not having been voted upon within 15 legislative days:



A PETITION

To place before the Senate the nomination of Edward LaValleas the Sheriff of Elk County,


WE, The undersigned members of the Senate, pursuant to section8 (b) of Article IV of the Constitution of Pennsylvania, do herebyrequest that you place the nomination of Edward LaValle, Ridgway,Pennsylvania, as the Sheriff of Elk County, before the entire Senatebody for a vote, the nomination not having been voted upon within15 legislative days:


The PRESIDENT. These communications will be laid onthe table.

SENATE CONCURRENT RESOLUTION

WEEKLY ADJOURNMENT

Senator LINCOLN offered the following resolution, whichwas read as follows:


RESOLVED, (the House of Representatives concurring), Thatwhen the Senate adjourns this week it reconvene on Monday, June 14,1993, unless sooner recalled by the President Pro Tempore of theSenate; and be it further


RESOLVED, lbat when the House of Representatives adjownsthis week it reconvene on Monday, Jooe 14, 1993, Wlless soonerrecalled by the Speaker of the House of Representatives.

Senator LINCOLN asked and obtained unanimous consentfor the immediate consideration of this resolution.

On the question,Will the Senate adopt the resolution?

SENATE CONCURRENT RESOLUTION ADOPTED

Senator LINCOLN. Mr. President, I move that the Senatedo adopt this resolution.

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

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

YEAS-48

Afflerbach Fisher Loeper RobbinsAndrezeski Furno Madigan SalvatoreAnnsirong Greenleaf Mellow ScanlonBaker Hart Mowery SchwartzBelan Helfrick Musto ShafferBell Holl Q'Pake ShumakerBodack Jones Pecora StapletonBortner Jubelirer Peterson StewartBrightbill LaValle Porterfield StoutCorman Lemmond Punt TilghmanDawida Lewis Reibman WengerFattah Lincoln Rhoades Williams

NAYS-O

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

Ordered, That the Secretary of the Senate present the sameto the House of Representatives for concurrence.

SPECIAL ORDER OF BUSINESSMISS PENNSYLVANIA

PRESENTED TO THE SENATE

The PRESIDENT. It is with a great deal of pleasure that theChair recognizes the gentleman from Luzerne County, SenatorLemmond.

Senator LEMMOND. Mr. President, all of us truly at onetime or another think that we believe in the principle of beautyin all things, and for us today it is beauty in the young ladynext door, at least for three of us in Luzerne County - forSenator Musto, for Senator Mellow and myself - and we aredelighted to have as our guest and to present to you Miss JudyFitch, Miss Pennsylvania of 1992-93. You know that I live inDallas and Judy went to Dallas High School and did so well.She went on to Wilkes College on the Susquehanna River inWilkes-Barre and majored in communications, with public relations and broadcast journalism as her major.

She is a superb musician, she is a talented student, she is agifted speaker, and she is a wonderful ambassador of Pennsyl-

vania for all of us. She has appeared in more than 40 Statesexhibiting her talents in art, music. drama, and dancing. andshe speaks for the needs and the plight of the Americanveteran, and she has recently toured and performed in at least170 Veterans Administration facilities.

A wonderful young woman from an outstanding Pennsylvania family, Mr. President. I am pleased to present to you andto the Senate of Pennsylvania Judy Fitch, Miss Pennsylvania1992-93.

The PRESIDENT. Would the Members ofthe Senate pleasewelcome Miss Pennsylvania.

(Applause.)Ms. FITCH. Thank you, Senator Lemmond.Thank you very much. It is quite an honor and a privilege

to be able to speak before you this afternoon.The Miss America organization is very unique in the sense

that it has two goals, and one of those goals is to provideeducational scholarship money for millions and millions ofwomen every year. Ten million dollars is given annually towomen across the nation throughout the Miss America organization, and I myself am proud to say that through the scholarships that I have attained I was able to graduate from WilkesUniversity debt free and I have been able to payoff all of that.And it has been a privilege for me to be able to say that I canpromote education and say that scholarships are very importantand vital.

The Miss America organization is also very important in thesense that it has a platform statement. and as we mentioned,the veterans have been my platfonn statement throughout theyear as Miss Pennsylvania. But speaking to you as Judy Fitch,being 17 through 19 years old, and being able to travel the nation performing therapeutically structured music for ourveterans in VA medical centers throughout this entire nation-Iwas in about 162 VA medical centers across the nation-themessage that I really heard a lot, and at the age of 17. to hearthis message, was we feel forgotten by the country that wedefended. That is because so many people forget to say twosimple words, and that is "thank you."

What I have been able to do as Miss Pennsylvania is createa program called Students for Veterans. and what we did thisyear was we took 400 fifth grade students. from the AltoonaArea School District into a VA medical center and they wereable to meet and greet and make the day of veteran· patientswho were in that institution. And when those kids came backdown in the lobby and told me about the experience that theyhad out there, they really leamed a lot. They learned that thefreedom that we enjoy is just something that we have beentaking for granted for so long. And I like to let those kidsknow, you are never too young to appreciate veterans and theirsacrifices.

We had one gentleman who worked with this program, hisname was Bob Freidenbloom. who was a double amputee victim, and we wanted to let those students know that disabilitiesoccur because these veterans have sacrificed and gone on andfought the battles that they had to fight in order to keep thiscountry free, and Bob was one of those examples. He was a


double amputee victim but he demonstrated how he was ableto walk again due to artificial limbs, which he was just learning to walk with. We had a wonderful opportunity to meet andget to know Bob, and 2 weeks after the program concluded,Bob paid the ultimate sacrifice and he passed away. These students now understand that the reason I use the word "sacrifice"so much is because these veterans have sacrificed ultimately.

Traveling as I did, I was able to meet many, many veterans,men and women alike. They were double amputee victims,many of them were not aware of my presence because theywere attached to monitors and tubes, they were unconscious.Many of them, this was when the AIDS epidemic was justreally starting to spring out, and I was able to meet someveterans who were victims of the AIDS epidemic, and for me,at 17 years old, to realize all of that was all because of thesacrifices that they made and to realize that they were afflictedwith these ailments because of what they did, because of theservice that they believed in, because they believe in thiscountry, I did not realize it until I had those students lookingat me and asking me questions about our veterans that I wasable to say, you know what? They paid that sacrifice ultimatelybecause they believed in this country. They would not havethose afflictions if they did not want to serve and keep thiscountry the wonderful country that it is.

It has been an honor to be able to represent Pennsylvaniathis year. Not only do we do the veterans program, but I havealso been able to promote education, keeping students, youngkids away from drugs and alcohol. And believe it or not, Ithink some of the speeches that we did this year really worked,and I really got to the hearts of some of those kids to makethem realize that I did not get to where I am today because Igot into drinking and drugs and alcohol, into any of that. AndI think that the kids really did respond well. The role of MissPennsylvania, there are a lot of misconceptions that follow it.Miss Pennsylvania is not a beauty pageant anymore. That hasbeen long gone for many years. It is a program which enablesyoung women to acquire the education that they want, to beable to stand as leaders in their communities, and to be able tobe the best representatives they can be for whatever part of theState they happen to live in. In my case, it is Luzerne County.It has been a program that helped me get out and get to theheartstrings of Pennsylvania's youth and serve as a motivational speaker, to talk to them about self-esteem. It is awonderful program that helps young women be just that -bestrong individuals, be productive, but still remain feminine and it is important for me to establish that.

I thank you very much for having me here this afternoon.It has been an honor and a privilege.

Thank you.(Applause.)The PRESIDENT. The Chair recognizes the gentleman from

Blair, Senator Jubelirer.Senator JUBELIRER. Mr. President, I would like to join

with my colleagues, Senator Lemm~nd, Senator Musto, andSenator Mellow, in praising the efforts of Judy Fitch, who isMiss Pennsylvania and also Miss Wilkes-Barre/Scranton, but

shares dual citizenship with the city of Altoona, the home ofthe Miss Pennsylvania Pageant for more than a decade now.You have just heard Judy speak on a subject that is very, veryimportant to her and to, frankly, many people across this nation, let alone this Commonwealth, and I think she did it verywell. Although she is at the end of her reign as Miss Pennsylvania, since the Miss Pennsylvania pageant will be held nextweek once again in the city of Altoona, nevertheless, I want tocongratulate her on not only her remarks and the efforts shehas put forth for veterans, but certainly commend her for theway that she has represented the Commonwealth in her reign.

I would like to read, Mr. President, just two paragraphs ofa paper that she wrote, and it says, "How Soon We Forget:The Plight of American Veterans, submitted by Judy Fitch,Miss Wilkes-Barre/Scranton."

"Americans take a great deal of pride in the freedom of thisnation. OUf veterans have sacrificed so much in order to serveour country and fight for its democracy.

"Veterans receive benefits ranging from loan guarantees,medical and dental care, disability compensation, to dependents' educational assistance programs. Despite this, nearlyone-third of the homeless in America are veterans, meaningthat over 200,000 veterans are on the streets without homesand without help. Because of their erratic lifestyles, homelessveterans rarely receive the pensions they deserve due to theirinability to produce sufficient documentation of their militaryservice." That is just part of the paper she submitted.

Mr. President, I think we are, indeed, fortunate to have JudyFitch reign for a year as Miss Pennsylvania, and I know thatas she completes that reign she will continue her efforts onbehalf of all Pennsylvanians, and particularly a group ofpeoplewho deserve far more recognition and support than they get,and that is the American and the Pennsylvania veteran.

lbank you, Mr. President.

GUESTS OF SENATOR ROBERT D. ROBBINSPRESENTED TO THE SENATE

The PRESIDENT. The Chair recognizes the gentleman fromMercer, Senator Robbins.

Senator ROBBINS. Mr. President, I have the honor todayof introducing some young men from Grove City High Schoolwho did a couple of unique things. Tom Tomeo, a senior fromGrove City, was a wrestling champ this year at 130 pounds inAAA, and last year he was a 119-pound champion in the AAweight class. And also Tom Wise, a senior at Grove City HighSchool, won the PIAA Class AAA 300 meter intermediatehurdles this year, and last year he set the State record in theAA 300 intermediate hurdles as he was winning that, and thatis for those people who always have a contest between whichis better, the AA or the AAA, or whatever.

But with them we have Mr. And Mrs. Tomeo, Tom andNancy, and we have Jerry and Bonnie Wise with Tom Wise.Also we have their grandparents, Carmen Tomeo, Louise Tomeo, and Matt, Mandy and Erin Tomeo. The family is withthem, so I ask the Senate to give them a good welcome.

The PRESIDENT. Will the guests of Senator Robbins


please rise so that we can welcome you to the Chamber of theSenate of Pennsylvania.

(Applause.)

GUESTS OF SENATOR ROY C. AFFLERBACHPRESENTED TO THE SENATE

The PRESIDENT. The Chair recognizes the gentleman fromLehigh, Senator Afflerbach.

Senator AFFLERBACH. Mr. President, first I would likethe record to show that earlier today there was a young manvisiting us named John Sallit. John happens to be the AAAState wrestling champ in the 171-pound class, and I invitedhim to stay so that I could introduce him to our colleagueshere in the Senate. 'Ibe young man declined so that he couldreturn to his part-time summer job on time. I think that speaksvery well of a young man who has not let fame go to his headand who has his priorities in order.

However, at the present time I do have a group of individuals in the gallery who are public officials and otherpublic servants from the borough of Slatington in LehighCounty, and it is my privilege at this time to introduce thisdelegation, led by Mayor Tim Kern and Borough SecretaryBertie Griffith, on behalf of myself and the gentleman fromLebanon, Senator Brightbill. I would also point out that thevarious comments we have had about veterans are aproposbecause Slatington is, in fact, a borough that is very stable andhas been very supportive of its veterans over the years.

The other guests are: George Dilliard, Franklin Hoffman,Robert Hoffman, Paul S. Handwerk, William A. Steckel, GaryPhillips, Stephen Sechriest, Clayton Snyder, and CharlesRettew.

Mr. President, if we may extend these borough officials ourusual warm welcome, I would appreciate it.

The PRESIDENT. Would the guests of Senator Afflerbachplease rise so that we can welcome you and thank you for yourdedicated service to the Commonwealth.

(Applause.)

PERMISSION TO ADDRESS THE SENATE

The PRESIDENT. The Chair recognizes the gentleman fromMercer, Senator Robbins.

Senator ROBBINS. Mr. President, probably the most important thing I left out was that both of these young men made thedecision to continue their athletic careers in Pennsylvania. TomTomeo is going to go to Clarion University and Tom Wise isgoing to Slippery Rock.

The PRESIDENT. 'The Chair thanks the gentleman for thataddendum.

GUESTS OF PRESIDENT PRO TEMPOREPRESENTED TO THE SENATE

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

The PRESIDENT pro tempore. Mr. President, on a winterySaturday afternoon in Hershey, Pennsylvania, two undefeated

basketball teams, the Carbondale Area High School Chargersand George Jr. Republic High School, met in the Class AAState Championship game. Both teams went into the game witha record of 29 victories and no defeats, both schools havingoutstanding basketball teams with tremendous coaching andtremendous personnel.

I read the Harrisburg newspaper, Mr. President, that day andit said that the George Jr. Republic basketball team might havebeen the best basketball team in Pennsylvania and should beable to win their State championship game by at least 15points or more. Unfortunately, the young men who played forCarbondale Area High School did not read that newspaper, orif they did, they certainly did not believe it. Mr. President, itwas stated after the game, which was televised live in front ofalmost a capacity crowd in Hershey, that it was one of thefinest high school basketball games ever played in Pennsylvania, because with the score tied 63 to 63, with two teams thatwere 29 and 0, a young man from Carbondale Area made anunbelievable shot at the foul line to give Carbondale a 65 to 63victory and the PIAA Class AA State Championship.

Mr. President, the Carbondale Area High School Chargersare here today, along with their head coach, Glenn Moskosky.Glenn Moskosky was named the Pennsylvania small schoolcoach of the year. His assistant coaches, Pat Christ and JoeFarrell, are here with them. The school principal, who is agood friend of mine and a former classmate of mine at Carbondale High School, Marty Lawler, is here. The cheerleadersare here, but mest importantly, Mr. President, the basketballplayers of the Carbondale Area Chargers, the AA Statechamps, are here. The young men and women are seated in thegallery, and I would appreciate it if the Senate would givethem our usual cordial welcome.

The PRESIDENT. Would all of the guests of Senator Mellow please rise so that we can welcome you to the Senate ofPennsylvania.

(Applause.)The PRESIDENT. The Chair recognizes the gentleman from

Fayette, Senator Lincoln.Senator LINCOLN. Mr. President, I would like to file a

complaint.The PRESIDENT. The gentleman is out of order, as usual.Senator LINCOLN. Mr. President, I think that is three

championship teams that Senator Mellow has had in his Senatedistrict, and I would just like to know how they·are goingabout doing that up there in the northeast - school subsidymoney. I think it is time that the west reclaim some of thesethings. Maybe next year we will be able to do that.

RECESS

Senator LINCOLN. Mr. President, on a more serious note,I would ask that the Members of the Democratic Caucus reportto the caucus room on the first floor immediately upon therecess, and I would hope that we will be back on the floor by4: 15 to 4:30 to run the rest of today's Calendar and I wouldthink with the short Calendar we have today bt that shouldnot be a problem. So after the Republican floor leader has had


the opportunity to make his request, I would request a recessuntil 4: 15 for the purpose of a caucus.

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

Senator nJBELIRER. Mr. President, I would ask all Members of the Republican Caucus in the Senate to report to thesecond floor caucus room immediately upon recess and we willmake every effort to expedite that process.

The PRESIDENT. For purposes ofDemocratic and Republican caucuses to begin immediately, the Senate will stand inrecess.

AFTER RECESS

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

CALENDAR

FINAL PASSAGE CALENDAR

BILL OVER IN ORDER

SB 713 -- Without objection, the bill was passed over in itsorder at the request of Senator BODACK.

THIRD CONSIDERATION CALENDAR

BILL REREPORTED FROM COMMmEE ASAMENDED OVER IN ORDER

SB 974 - Without objection, the bill was passed over in itsorder at the request of Senator BODACK.

BILLS OVER IN ORDER

DB 3, DB 213 and SB 314 -- Without objection, the billswere passed over in their order at the request of SenatorBODACK.

BILL ON THIRD CONSIDERAnONAND FINAL PASSAGE

SB 395 (Pr. No. 1348) - The Senate proceeded to consideration of the bill, entitled:

An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, prohibiting dealing in traffic-control devices or bridgeparts as scrap.

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

required by the Constitution,

On the question,Shall the bill pass finally?

LEGISLATIVE LEAVES

The PRESIDENT. lbe Chair recognizes the gentleman fromAllegheny, Senator Bodack.

Senator BODACK. Mr. President, I ask for temporaryCapitol leaves for Senator Fattah, Senator Mellow, and SenatorO'Pake.

lbe PRESIDENT. Senator Bodack asks for temporary Capitol leaves for Senator Fattah, Senator Mellow, and SenatorO'Pake. The Chair hears no objection. Those leaves will begranted.

The Chair recognizes the gentleman from Allegheny,Senator Bodack.

Senator BODACK. Mr. President, may I add to that list atemporary Capitol leave for Senator Furno, who has been detained in his office.

The PRESIDENT. Senator Furno, a recent detainee, will gettemporary Capitol leave as well.

The Chair recogruzes the gentleman from Delaware, SenatorLoeper.

Senator LOEPER Mr. President, Senator Hart has beencalled from the floor and I request a temporary Capitol leaveon her behalf.

The PRESIDENT. Senator Hart, a temporary Capitol leave.The Chair hears no objection. The leave will be granted.

lbe Chair recognizes the gentleman from Allegheny,Senator Bodack.

Senator BODACK. Mr. President, while we are on thatsubject, I would ask for a temporary Capitol leave for SenatorWilliams.

The PRESIDENT. Senator Bodack requests a temporaryCapitol leave for Senator Williams. The Chair hears no objection, and that leave will be granted.

And the question recurring,Shall the bill pass finally?

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

YEAS-48

Afflerbach Fisher Loeper RobbinsAndrezeski Fumo Madigan SalvatoreArmstrong Greenleaf Mellow Scanlon

Baker Hart Mowery SchwartzBelan Helfrick Musto ShafferBell Holl O'Pake ShumakerBodack Jones Pecora Stapleton

Bortner Jubelirer Peterson StewartBrightbill LaValle Porterfield StoutCorman Lemmond Punt TilghmanDawida Lewis Reibman Wenger

Fattah Lincoln Rhoades Williams

NAYS-O

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

Ordered, That the Secretary of the Senate present said billto the House of Representatives for concurrence.

BILL ON THIRD CONSIDERATION,OVER IN ORDER TEMPORARILY

HB 461 (Pr. No. 512) - The Senate proceeded to consideration of the bill, entitled:

An Act amending Title 75 (Vehicles) ofthe Pennsylvania Consol-


idated Statutes, regulating child passenger restraint systems.

On the question,Will the Senate agree to the bill on third consideration?It was agreed to.


Senator BODACK. Mr. President, I request that House BillNo. 461 go over in its order temporarily on final passage.

The PRESIDENT. House Bill No. 461 will go over in itsorder temporarily on final passage.

BILLS OVER IN ORDER

SB 625 and SO 653 -- Without objection, the bills werepassed over in their order at the request of Senator BODACK.

BILL REREFERRED

SB 678 (Pr. No. 1397) -- The Senate proceeded to consideration of the bill, entitled:

BILLS ON THIRD CONSIDERATIONDEFEATED ON FINAL PASSAGE

SO 822 (Pr. No. 895) -- The Senate proceeded to consideration of the bill, entitled:

An Act amending the act of June 23, 1931 (p. L. 932, No. 317),entitled "The Third Class City Code," further providing for the publication of a certain notice relating to fiscal matters.

Considered the third time and agreed to.


(During the calling of the roll, the following occurred:)Senator PETERSON. Mr. President, I would like to change

my vote from "aye" to "no."The PRESIDENT. The gentleman will be so recorded.

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

YEAS-24

Less than a majority of all the Senators having voted "aye,"the question was determined in the negative.

An Act providing for the selection of registered architects, professional engineers. landscape architects, land surveyors, geologists andprofessional community planners to provide professional services toCommonwealth agencies.

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

BILLS OVER IN ORDER

SB 683, SO 684 and SO 689 -- Without objection, the billswere passed over in their order at the request of SenatorBODACK.

BILL ON THIRD CONSIDERATION AMENDEDAND OVER IN ORDER TEMPORARILY

DB 718 (Pr. No. 1709) -- The Senate proceeded to consideration of the bill. entitled:

AffierbachAndrezeskiBelanBodackBortnerDawida

AnnstrongBakerBellBrightbillConnanFisher

FattahFurnoJoneslaValleLewisLincoln

GreenleafHartHelfrickHollJubelirerLenunond

MellowMustoO'PakePecoraPorterfieldReibman

NAYS-24

LoeperMadiganMoweryPetersonPuntRhoades

ScanlonSchwartzStapletonStewartStoutWilliams

RobbinsSalvatoreShafferShumakerTilghmanWenger

An Act amending Title 34 (Game) of the Pennsylvania Consolidated Statutes, providing for complimentary nonresident licenses;further providing for restrictions on recreational spotlighting. for permit fees and for disabled person permits.

On the question,Will the Senate agree to the bill on third consideration?Senator REIBMAN, by unanimous consent, offered the

following amendment No. A2082:

Amend Sec. 1 (Sec. 2311), page 2, line 9, by striking out thebracket before "DURING"

Amend Sec. 1 (Sec. 2311), page 2. lines 10 through 12. by striking out "] IN ANY SEASON WHEN DEER MAYBE" in line 10 andall of lines 11 and 12

On the question,Will the Senate agree to the amendment?It was agreed to.Without objection, the bill, as amended, was passed over in

its order temporarily at the request of Senator BODACK.

SO 827 (Pr. No. 900) -- The Senate proceeded to consideration of the bill, entitled:

An Act amending the act of April 9, 1929 (P. L. 343, No. 176),entitled, as amended, "The Fiscal Code," further providing for reportsto the Secretary of Revenue.

Considered the third time and agreed to.



YEAS-24

Affierbach Fattah Mellow ScanlonAndrezcski Furno Musto SchwartzBelan Jones O'Pake StapletonBodack LaValle Pecora StewartBortner Lewis Porterfield StoutDawida Lincoln Reibman Williams



Less than a majority of all the Senators having voted "aye,"the question was detennined in the negative.

An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, further providing for suspension or revocation ofvehicle business registration plates and for judicial review of denialor suspension of registration.


BILL OVER IN ORDER

And the question recurring,Shall the bill pass finally?


YEAS-48

Afflerbach Fisher U>eper RobbinsAndrezeski Fumo Madigan SalvatoreArmstrong Greenleaf Mellow ScanlonBaker Hart MowCl}' SchwartzBelan Helfrick Musto ShafferBell Holl O'Pake ShumakerBodack Jones Pecora StapletonBortner Jubelirer Peterson StewartBrightbill LaValle Porterfield StoutConnan Lemmond Punt TilghmanDawida Lewis Reibman WengerFattah Lincoln Rhoades Williams

NAYS-O

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

Ordered, That the Secretary of the Senate present said billto the House of Representatives for concurrence.


An Act amending Titles 1 (General Provisions), 13 (CommercialCode), 15 (Corporations and Unincorporated Associations) and 54(Names) of the Pennsylvania Consolidated Statutes, relating to associations; providing for deftnitions; further providing for limited liabilitycompanies; making confonning changes to existing provisions of law;and making repeals.

BILLS OVER IN ORDER

SB 1014, SB 1015, SB 1032, SB 1066, SB 1091, SB 1132and liB 1261 -- Without objection, the bills were passed overin their order at the request of Senator BODACK.

SECOND CONSIDERATION CALENDAR

BILLS OVER IN ORDER

lIB 85, lIB 143, SB 320, lIB 712, SB 740, SB 818, SB838 and liB 986 -- Without objection, the bills were passedover in their order at the request of Senator BODACK.

BILL REREFERRED


RobbinsSalvatoreShatTerShumakerTilghmanWenger

LoeperMadiganMoweryPetersonPuntRhoades

NAYS-24

GreenleafHartHelfrickHollJubelirerLemmond

AnnstrongBakerBellBrightbillCormanFisher

DB 887 - Without objection, the bill was passed over in itsorder at the request of Senator BODACK.

BILL REREFERRED

BILL OVER IN ORDER

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

required by the Constitution,


LEGISLATIVE LEAVE


An Act amending the act of April 12, 1951 (P. L. 90, No. 21),entitled, as reenacted, "Liquor Code," eliminating the transfer of fundsto the Enforcement Officers' Retirement Account; providing for thetransfer of funds remaining in the account; and providing for thetransfer ofexcess funds transferred to the Enforcement Officers' Benefit Account in the State Employees' Retirement Fund.

SB 955 - Without objection, the bill was passed over in itsor4er at the request of Senator BODACK.

BILL ON THIRD CONSIDERAnONAND FINAL PASSAGE

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

Senator LOEPER. Mr. President, Senator Fisher has beencalled from the floor and I request a temporary Capitol leaveon his behalf.

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

DB 718 CALLED UP

liB 718 (Pr. No. 1709) -- Without objection, the bill, whichpreviously went over in its order temporarily, was called up,from page 3 of the Third Consideration Calendar, by SenatorBODACK.


An Act amending Title 34 (Grone) of the Pennsylvania Consolidated Statutes, providing for complimentary nonresident licenses;further providing for restrictions on recreational spotlighting, for permit fees and for disabled person permits.

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

PORTERFIELD AMENDMENT NO. A2142

BILL ON THIRD CONSIDERAnON AMENDED

HB 718 (Pr. No. 1709) -- The Senate proceeded to consideration of the bill, entitled:

And the question recurring,Will the Senate agree to the amendment?

The yeas and nays were required by SenatorPORTERFIELD and were as follows, viz:

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


Senator JUBELIRER. Mr. President, since there seems to bea bit of confusion, would the maker of the amendment brieflyexplain the amendment?

The PRESIDENT. Would the gentleman fromWestmoreland, Senator Porterfield, submit to interrogation?There is a request for your expertise on the matter of saidamendment.

Senator PORTERFIELD. Yes, Mr. President. This amendment merely takes the number of licenses that are permitted tobe given out to promote Pennsylvania from 200 to 100, whichcoincides with the--

Senator JUBELIRER. The amendment is agreed to, Mr.President.

Senator PORTERFIELD. Mr. President, that made that easy.

And the question recurring,Will the Senate agree to the amendment?It was agreed to.Without objection, the bill, as amended, was passed over in

its order at the request of Senator PORTERFIELD.

DB 461 CALLED UP

liB 461 (Pr. No. 512) -- Without objection, the bill, whichpreviously went over in its order temporarily on final passage,

PORTERFIELD AMENDMENT NO. A2172

Senator PORTERFIELD, by unanimous consent, offeredthe following amendment No. A2172:

Amend Sec. 2 (Sec. 2706.1), page 3, lines 8 and 9, by strikingout ", IN THE SOLE DETERMINATION OF THE DIRECTOR,

Amend Sec. 2 (Sec. 2706.1), page 3, line 11, by striking out"200" and inserting: 100

Amend Sec. 2 (Sec. 2706.1), page 3, line 11, by inserting a period after "ANNUALLY"

Amend Sec. 2 (Sec. 2706.1), page 3, lines 11 through 16, bystriking out "AND SHALL BE" in line 11 and all of lines 12 through16

Amend Sec. 2 (Sec. 2706.1), page 3, by inserting between lines19 and 20:

(d) Report.-The commission shall make an annual report listingeach person who received a license under subsection (a) to all of thefollowing:

(1) The Appropriations Committee of the Senate.(2) The Appropriations Committee of the House of Repre

sentatives.(3) The Game and Fisheries Committee of the Senate.(4) The Game and Fisheries Committee of the House of

Representatives.

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

amended?

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

ShafferStapleton

SalvatoreSchwartz

YEAS-39

PetersonReibman

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


Senator JUBELIRER. Mr. President, would the maker of theamendment please explain the amendment?

Senator PORTERFIELD. Yes, Mr. President. The amendment merely reverts the proposed time change of spotting deerfrom 11 p.m. to 10 p.m. back to 11 p.m., which is current law.


Senator JUBELlRER. Mr. President, I know that there aredifferences of opinion on the issue, and I think it would bebest to run a slow roll call.

Senator PORTERFIELD, by unanimous consent, offered thefollowing amendment No. A2142:

Amend Sec. 1 (Sec. 2311), page 2, line 5, by striking out thebracket before "t 1"

Amend Sec. 1 (Sec. 2311), page 2, lines 5 and 6, by striking out"] 10"

Afflerbach Fattah Lemmond RhoadesAndrezeski Fisher Lewis RobbinsAnnstrong Furno Lincoln ScanlonBaker Greenleaf Loeper ShumakerBelan lIart Mellow StewartBell Helfrick Musto StoutBodack Boll O'Pake TilghmanBrightbill Jones Pecora WengerConnan Jubelirer Porterfield WilliamsDawida LaValle Punt

NAYS-9

BortnerMadiganMowery


was called up, from page 2 of the Third Consideration Calendar, by Senator BODACK.

BILL ON FINAL PASSAGEOVER IN ORDER

DB 461 -- Without objection, the bill was passed over in itsorder on final passage at the request of Senator BODACK.

HB 110, SB 601 AND SB 863TAKEN FROM THE TABLE

Senator BODACK. Mr. President, I move that House BillNo. 11 0, Printer's No. 1839, Senate Bill No. 601, Printer's No.640, and Senate Bill No. 863, Printer's No. 941, be taken fromthe table and placed on the Calendar.

The motion was agreed to.The PRESIDENT. The bills will be placed on the Calendar.

COMMUNICATIONS FROM THE GOVERNOR

NOMINATIONS BY THE GOVERNORREFERRED TO COMMITTEE

The PRESIDENT laid before the Senate the following communications in writing from His Excellency, the Governor ofthe Commonwealth, which were read as follows and referredto the Committee on Rules and Executive Nominations:

MEMBER OF THE PENNSYLVANIA CANCERCONTROL, PREVENI10N AND RESEARCH

ADVISORY BOARD

June 7, 1993


In confonnity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, Michael A. Rackover, 120 Marvin Road, Elkins Park 19117, Montgomery County, FoW1h SenatorialDistrict, for appointment as a member of the Pennsylvania CancerControl, Prevention and Research Advisory Board, to serve until June5, 1995, and until his successor is appointed and qualified, viceThomas A. McGoff, Moscow, resigned.


MEMBER OF 11-IE PENNSYLVANIAHUMAN RELAnONS COMMISSION

June 7, 1993


In confonnity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, Dr. William G. Gaskins, 997Galion Street, Harrisbw-g 17111, Dauphin County, Fifteenth SenatorialDistrict, for appointment as a member of the Pennsylvania HumanRelations Commission, to serve until February 21, 1998, and until hissuccessor is appointed and qualified, vice Law-en K. Lukert, Erie,resigned.


COMMONWEALTH TRUSTEE OF THEUNIVERSITY OF PITTSBURGH-

OF THE COMMONWEALTH SYSTEMOF HIGHER EDUCATION

June 7, 1993


In confonnity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, Frank 1. Lucchino, 1717 NorthNegley Avenue, Pittsburgh 15206, Allegheny County, Thirty-eighthSenatorial District, for reappointment as a Commonwealth Trustee ofthe University of Pittsburgh--of the Commonwealth System of HigherEducation, to serve until October 5, 1995, and until his successor isappointed and qualified.


RECALL COMMUNICATIONLAID ON THE TABLE

The PRESIDENT laid before the Senate the following communication in writing from His Excellency, the Governor ofthe Commonwealth, which was read as follows and laid on thetable:

MEMBER OF THE STATE REALESTATE COMMISSION

June 7, 1993


In accordance with the power and authority vested in me as Governor of the Commonwealth, I do hereby recall my nomination datedMarch 4, 1993 for the appointment of Angela Blackston, 148 FawnRidge North, Harrisbw-g 17110, Dauphin County, Fifteenth SenatorialDistrict, as a member of the State Real Estate Commission, to serveuntil May 9, 1993 and until her successor is appointed and qualified,but not longer than six months beyond that period, vice Edmund C.Wideman, Jr., Kingston, deceased.

I respectfully request the retW'n to me of the official message ofnomination on the premises.


RECALL COMMUNICATIONREFERRED TO COMMITTEE

The PRESIDENT laid before the Senate the following communication in writing from His Excellency, the Governor ofthe Commonwealth, which was read as follows and referred tothe Committee on Rules and Executive Nominations:

MEMBER OF THE PENNSYLVANIATURNPIKE COMMISSION

June 7, 1993



In accordance with the power and authority vested in me as Governor of the Commonwealth, I do hereby recall my nomination datedMay 28, 1993, for the appointment of Robert A. Gleason. Jr., 552Elknud Lane, Johnstown 15905, Cambria County, Thirty-fifth Senatorial District, as a member of the Pennsylvania Turnpike Commission,to serve for a term of four years or until his successor is appointedand qualified. vice Frank A. Ursomarso, whose term expired.



RECESS

The PRESIDENT. The Chair is under the impression thatthere is a need for a meeting of the Committee on Rules andExecutive Nominations. Is that correct, Senator Bodack?

Senator BODACK. Mr. President, that is correct. I wouldrequest, Mr. President, that we have a meeting of the Committee on Rules and Executive Nominations immediately in therear of the Chamber, and we can, I guess, be at ease until thatis over.

The PRESIDENT. Senator Bodack has requested the immediate convening of a meeting of the Committee on Rulesand Executive Nominations in the Rules room at the rear ofthe Senate Chamber. Would all the Members of the Committeeon Rules and Executive Nominations please meet in the Rulesroom at the rear of the Senate Chamber.

For that purpose, the Senate will stand in brief recess.

AFTER RECESS

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

REPORT FROM COMMITTEE ONRULES AND EXECUTIVE NOMINATIONS

Senator AFFLERBACH, by unanimous consent, from theCommittee on Rules and Executive Nominations, reported thefollowing nominations made by I-Iis Excellency, the Governorof the Commonwealth, which were read by the Clerk as follows:

MEMBER OF TIlE COMMONWEALTH OFPENNSYLVANIA COUNCIL ON TIlE ARTS

March 10. 1993


In conformity with law, J have the honor hereby to nominate forthe advice and consent of the Senate, Edna S. Tuttleman, 375 NorthHighland Avenue, Merion Station 19066. Montgomery COWIty. Seventeenth Senatorial District. for appointment as a member of theCommonwealth of Pennsylvania COlUlcil on the Arts, to serve untilJuly 1, 1993 and until her successor is appointed and qualified, viceFlora L. Becker, Philadelphia, whose term expired.


MEMBER OF TIlE PENNSYLVANIA CANCERCONTROL, PREVENTION AND RESEARCH

ADVISORY BOARD

May 17, 1993


In confomrity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, Paulette M. Vandzura, R. D. #2,Box 730, Portage 15946, Cambria County, Thirty-fifth SenatorialDistrict, for reappointment as a member of the Pennsylvania CancerControl, Prevention and Research Advisory Board, to serve for a termof four years and until her successor is appointed and qualified.


MEMBER OF TIlE CARBON COUN1YBOARD OF ASSISTANCE

May 21, 1993


In conformity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, Pearl H. Dugan (Democrat), 60Broadway, Jim Thorpe 18229, Carbon County, Twenty-ninth Senatorial District, for appointment as a member of the Carbon County Boardof Assistance, to serve until December 31, 1995, and until her successor is appointed and qualified, to add to complement.


MEMBER OF TIlE BOARD OF lRUSTEES OFTHE CENTRAL YOUTH DEVELOPMENT CENTERS

April 12, 1993


In conformity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, Clifford K. Sloppy, R. D. #2,Box 41, Hidden Valley Road, Loysville 17047, Perry County, Thirtyfirst Senatorial District, for appointment as a member of the Board ofTrustees of The Central Youth Development Centers, to serve untilthe third Tuesday of January 1997, and until his successor is appointed and qualified, vice P. Nan C. Cavenaugh, Harrisburg, whose termexpired.


MEMBER OF TIlE ELK COUN1YBOARD OF ASSISTANCE

April 1, 1993


In confonnity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, Richard Decker (Democrat),409 Dippold Avenue, St. Marys 15857, Elk County, Twenty-fifthSenatorial District, for appointment as a member of the Elk County


Board of Assistance, to serve Wltil December 31, 1995, and Wltil hissuccessor is appointed and qualified, to add to complement.


MEMBER OF THE STATE HEALTIlI'ACILIIT HEARING BOARD

May 10, 1993


In conformity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, Paul 1. Carey, Jr., Esquire, 533Poplar Church Road, Camp Hill 17011, Cumberland COWlty, Thirtyfirst Senatorial District, for appointment as a member of the StateHealth Facility Hearing Board, to serve for a term of four years andWltil his successor is appointed and qualified, pursuant to Act 179,approved December 18, 1992.


MEMBER OF THE HEALTHPOLICY BOARD

March 18, 1993


In conformity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, Charles W. Pruitt, Jr., 300 FoxChapel Road, Apartment 407, Pittsburgh 15238, Allegheny COWlty.Thirty-eighth Senatorial District, for appointment as a member of theHealth Policy Board, to serve for a term of two years and Wltil hissuccessor is appointed and qualified, pursuant to Act 179, approvedDecember 18. 1992.


MEMBER OF THE HEALTHPOLICY BOARD

March 18, 1993

To the Honorable, the Senate of the Commonwealth ofPelUlSylvania:

In conformity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, Carmen Way, 505 North FourthStreet, Lewisburg 17837, Union COWlty, Twenty-seventh SenatorialDistrict, for appointment as a member of the Health Policy Board, toserve for a term of two years and Wltil her successor is appointed andqualified, pursuant to Act 179, approved December 18, 1992.


MEMBER OF THE BOARD OF GOVERNORS OFTHE STATE SYSTEM OF HIGHER EDUCAnON

March 26, 1993

To the Honorable, the Senate of the Commonwealth ofPelUlSylvania:

In conformity with law, I have the honor hereby to nominate for

the advice and consent of the Senate, Joseph M. Nespoli, R. D. #2,Berwick 18603, Columbia COWlty, Twenty-seventh Senatorial District,for reappointment as a member of the Board of Governors of theState System of Higher Education, to serve Wltil December 31, 1996and Wltil his successor is appointed and qualified.


RIDGE, COURT OF COMMON PLEAS,SCHUYLKILL COUNTY

May 10,1993


In conformity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, Maryann D. Conway, Esquire,1908 Mahantongo Street, Pottsville 17901, Schuylkill COWlty, Twenty-ninth Senatorial District, for appointment as Judge of the Court ofCommon Pleas of Schuylkill COWlty, to serve Wltil the first Mondayof January, 1994, vice The Honorable Wilbur H. Rubright, mandatoryretirement.


MEMBER OF TIlE BOARD OF PARDONS

March 1, 1993


In conformity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, Ronald J. Harper, Esquire, 336Pelham Road, Philadelphia 19119, Philadelphia COWlty, Fourth Senatorial District, for reappointment as a member of the Board of Pardons, to serve Wltil November 30, 1997, and Wltil his successor isappointed and qualified.


MEMBER OF THE PROFESSIONAL STANDARDSAND PRACTICES COMMISSION

April 16, 1993


In conformity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, Grace P. Bulls, Ed.D., 493Stewart Drive, West Chester 19380, Chester COWlty, Nineteenth Senatorial District, for appointment as a member of the Professional Standards and Practices Commission, to serve Wltil the third Tuesday ofJanuary 1996, and until her successor is appointed and qualified, viceCarolyn 1. Carter, Harrisburg, whose term expired.


MEMBER OF TIlE PROFESSIONAL STANDARDSAND PRACTICES COMMISSION

April 16, 1993



In conformity with law, J have the honor hereby to nominate forthe advice and consent of the Senate, Gilbert R. Griffiths, 573 TiogaAvenue, Kingston 18704, Luzerne County, Twentieth Senatorial District, for reappointment as a member of the Professional Standardsand Practices Commission, to serve until the third Tuesday of January1996, and until his successor is appointed and qualified.


MEMBER OF THE PROFESSIONAL STANDARDSAND PRACTICES COMMISSION

April 16, 1993


In conformity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, Paul B. Hentz, 345-B DillerRoad, New Oxford 17350, Adams County, Thirty-third SenatorialDistrict, for reappointment as a member of the Professional Standardsand Practices Commission, to serve untillhe third Tuesday of January1996, and unlil his successor is appointed and qualified.


MEMBER OF TIlE STATE BOARDOF PSYCHOLOGY

May 10, 1993


In conformity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, Edward C. Brennan, Ph.D.,1701-B Clay Avenue, Scranton 18509, Lackawanna County, Twentysecond Senatorial District, for reappointmcnt as a member of the StateBoard of Psychology, to serve for a term of four years or until hissuccessor is appointed and qualified, but not longer than six monthsbeyond that period.


MEMBER OF TIlE BOARD OF TRUSTEES OFSCOTLAND SCHOOL FOR VETERANS' CHILDREN

May 28, 1993


In conformity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, Bob P. King, 235 Myrtle Avcnue, Waynesboro 17268, Franklin County, Thirty-third SenatorialDistrict, for appointment as a mcmber of the Board of Trustccs ofScotland School for Vetcrans' Children, to serve until the third Tuesday of January 1999, and wltil his successor is appointed and qualified, vice Eugenc C. Eichelbcrger, Saint lbomas, whose term expircd.

ROBERT P. CASEYGovemor

MEMBER OF '1'1 IE BOARD OF TRUSTEES OFSCRANTON STATE SCHOOL FOR THE DEAF

May 10, 1993


In conformity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, Thomas A. Blaskiewicz, 623South Street, Avoca 18641, Luzerne County, Twenty-second Senatorial District, for appointment as a member of the Board of Trustees ofScranton State School for the Deaf, to serve until the third Tuesdayof January, 1997, and until his successor is appointed and qualified,vice April M. Nelson, Berwyn, whose term expired.


SHERIFF, SCHUYLKILL COUNTY

May 10, 1993


In conformity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, Francis V. McAnckew, P. O.Box 31, Raven Run, Lost Creek 17946, Schuylkill County, Twentyninth Senatorial District, for appointment as Sheriff, in and for theCounty of Schuylkill, to serve until the flfSl Monday of January 1994,vice Timothy T. Holden, resigned.


MEMBER OF THE BOARD OF TRUSTEES OFSOUTH MOUNTAIN RESTORATION CENTER

May 10, 1993

To the Honorable, the Senate of the Commonwealth ofPctmsylvania:

In conformity with law, Jhave the honor hereby to nominate forthe advice and consent of the Senate, Diane Marie Cole, 340Montclair Road, Gettysburg 17325, Adams County, Thirty-third Senatorial District, for reappointment as a member of the Board of Trustees of South Mountain Restoration Center, to serve until the thirdTuesday of January 1999, and until her successor is appointed andqualified.


COMMONWEALTH TRUSTEE OF TEMPLEUNIVERSI1Y--OF THE COMMONWEALTH

SYSTEM OF HIGHER EDUCATION

March 26, 1993


In conformity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, James A. Williams, 23 GaelicCourt, Holland 18966, Bucks County, Tenth Senatorial District, forreappointment as a Commonwealth Trustee of Temple University--ofthe Commonwealth System of Higher Education, to serve until October 14, 1996, and until his successor is appointed and qualified.



MEMBER OF THE STATE BOARD OFVEHICLE MANUFACTIJRERS,

DEALERS AND SALESPERSONS

March 30, 1993


In confonnity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, Edwin K. Galbreath, Jr., Box146, R. D. #3, Kingswood Road, New Castle 16105, Lawrence COWlty, Forty-seventh Senatorial District, for reappointment as a memberof the State Board of Vehicle Manufacturers, Dealers and Salespersons, to serve for a tenn of three years and Wltil his successor isappointed and qualified, but not longer than six months beyond thatperiod.


NOMINAnONS LAID ON THE TABLE

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

The PRESIDENT. The nominations will be laid on thetable.

COMMUNICATIONS FROM THE GOVERNORREPORTED FROM COMMITTEE ON RULES

AND EXECUTIVE NOMINATIONS

Senator AFFLERBACH, by unanimous consent, reportedfrom the Committee on Rules and Executive Nominationscommunications from His Excellency, the Governor of theCommonwealth, recalling the following nominations, whichwere read by the Clerk as follows:

MEMBER OF THE COMMONWEALTH OFPENNSYLVANIA COUNCIL ON THE ARTS

June 2, 1993


In accordance with the power and authority vested in me as Governor of the Commonwealth, I do hereby recall my nomination datedApril 28, 1993, for the appointment of Angela Blackston, 148 FawnRidge North, Harrisburg 17110, Dauphin COWlty, Fifteenth SenatorialDistrict, as a member of the Commonwealth of Pennsylvania COWlcilon the Arts, to serve Wltil July 1, 1995 and Wltil her successor isappointed and qualified, vice Bernard C. Watson, Ph.D., Elkins Park,resigned.



DISTRICT JUSTICE

June 2, 1993


In accordance with the power and authority vested in me as Governor of the Commonwealth, I do hereby recall my nomination datedMarch 4, 1993, for the appointment of Robert McNelis, 439 WylieAvenue, Clairton 15025, Allegheny County, Forty-fifth SenatorialDistrict, as District Justice, in and for the County of Allegheny, Magisterial District 5-3-09, to serve until the first Monday of January1994, vice Sarge Fiore, mandatory retirement.



DISTRICT JUSTICE

June 2, 1993


In accordance with the power and authority vested in me as Governor of the Commonwealth, I do hereby recall my nomination datedMarch 23, 1993, for the appointment of Andrew K. Fine, Esquire, 21East Ninth Street, Marcus Hook 19061, Delaware County, Ninth Senatorial District, as District Justice, in and for the County of Delaware,Magisterial District 32-1-36, to serve until the flfSt Monday of January 1994, vice George W. Paige, mandatory retirement.



MEMBER OF THE STATE REALESTATE COMMISSION

June 7, 1993


In accordance with the power and authority vested in me as Governor of the Commonwealth, I do hereby recall my nomination datedMarch 4, 1993 for the appointment of Angela Blackston, 148 FawnRidge North, Harrisburg 17110, Dauphin County, Fifteenth SenatorialDistrict, as a member of the State Real Estate Commission, to serveWltil May 9, 1993 and Wltil her successor is appointed and qualified,but not longer than six months beyond that period, vice Edmund C.Wideman, Jr., Kingston, deceased.



SHERIFF, ELK COUNlY

May 27, 1993

To the Honorable, the Senate of the Commonwealth ofPetinsylvania:

In accordance with the power and authority vested in me as Governor of the Commonwealth, I do hereby recall my nomination datedMarch 18, 1993 for the appointment of Edward Lavalle, 230 LaurelMill, Ridgway 15853, Elk County, Twenty-fifth Senatorial District,as Sheriff, in and for the County of Elk, to serve until the first Monday of January 1994, vice Ray Krasinski, resigned.




NOMINATIONS RETURNED TO THE GOVERNOR

Senator AFFLERBACH. Mr. President, I move that thenominations just read by the Clerk be returned to His Excellency, the Governor.

The motion was agreed to.The PRESIDENT. The nominations will be returned to the

Governor.

POINT OF INFORMATION

Senator JUBELIRER. Point of information, Mr. President.The PRESIDENT. The gentl~man from Blair, Senator

Jubelirer, will raise his point of information.Senator JUBELIRER. Mr. President, has the Chair yet is

sued a decree of election in the Second Senatorial District?The PRESIDENT. The Chair will respond to the

gentleman's point of information that he has not.Senator JUBELIRER. Mr. President, I ask unanimous con

sent to offer an original resolution and ask for its immediateconsideration.

Senator LINCOLN. Mr. President.The PRESIDENT. Senator Jubclirer asks unanimous consent

to offer a resolution.The Chair recognizes the gentleman from Fayette, Senator

Lincoln. For what purpose does the gentleman rise?Senator LINCOLN. Mr. President. I object.The PRESIDENT. Senator Lincoln objects to the immediate

consideration of the resolution. Therefore. the resolution willbe dealt with by referring it to the appropriate committee.

Senator nJBELIRER. Mr. President.The PRESIDENT. The Chair recognizes the gentleman from

Blair, Senator Jubelircr. For what purpose does the gentlemanrise?

MOTION TO SUSPENI> SENATE RULE XXX

Senator JUBELIRER. Mr. President. I move to suspendRule XXX of the rules in order to consider the resolution justoffered on first day.

The PRESIDENT. Senator Jubelirer moves that Rule XXXbe suspended so that we can consider on an immediate basisthe resolution just put forth.

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

Senator LINCOLN. Mr. President. I would object to thatand ask for a "no" vote.

The PRESIDENT. On the motion to suspend the rules.Senator JUBELIRER. Mr. President.The PRESIDENT. 'Ibis is not a debatable motion.For what purpose docs the gentleman, Senator Jubclircr,

rise?

Senator JUBELIRER Mr. President, I rise just to tell theMembers that this is a resolution which sets a date-

Senator LINCOLN. Mr. President, this is not a debatableissue and we should not debate this resolution.

The PRESIDENT. I said this is not a debatable motion.Senator JUBELIRER Thank you, Mr. President.

And the question recurring,Will the Senate agree to the motion?

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

YEAS-24

Annstrong Greenleaf Loeper RobbinsBaker Hart Madigan SalvatoreBell Helfrick Mowery ShafferBrightbill Holl Peterson ShumakerConnan Jubelirer Punt TilghmanFisher Lenunond Rhoades Wenger

NAYS-24

Afflerbach Fattah Mellow ScanlonAndrezeski Furno Musto SchwartzBelan Jones O'Pake StapletonBodack laValle Pecora StewartBortner Lewis Porterfield StoutDawida Lincoln Reibman Williams

Less than a majority of the Senators having voted "aye," thequestion was determined in the negative.

The PRESIDENT. The vote on the motion to suspend therules is "ayes," 24; "nays," 24. The motion, not having received the appropriate affirmative vote, fails passage and theresolution will. in fact, be remanded to the appropriate committee.

UNFINISHED BUSINESSBILLS ON FIRST CONSIDERATION

Senator AFFLERBACH. Mr. President, I move that theSenate do now proceed to consideration of all bills reportedfrom committees for the first time at today's Session.

The motion was agreed to.'O.e bills were as follows:

S8 242 and S8 1192.

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

ation.

CONGRATULATORY RESOLUTIONS

The PRESIDENT laid before the Senate the following resolutions, which were read, considered and adopted:

Congratulations of the Senate were extended to GeorgeAnthony by Senator Afflerbach.

Congratulations ofthe Senate were extended to R BenjaminWiley by Senator Andrezeski.

Congratulations of the Senate were extended to the Boys


ANNOUNCEMENTS BY THE SECRETARY

CONDOLENCE RESOLUTION

The following announcements were read by the Secretary ofthe Senate:

The PRESIDENT laid before the Senate the following resolution, which was read, considered and adopted:

Condolences of the Senate were extended to the family ofthe late Archbishop Thomas V. Dolinay by Senator Dawida.

Room 8-BHearing Rm.East Wing

RulesComm.ConferenceRoom

Room 8-AHearing Rm.East Wing

Senate Maj.Caucus Rm.

Rules Com.Conf. Rm.

Rules Com.Conf. Rm.

8E-BHearing Rm.East Wing

Room 4614th FloorNorth Wing

JUDICIARY (to consider Senate BillsNo. 340, 661, 1040 and House Bill No.838; also the nomination of RonaldHarper for the Board of Pardons andWilliam Meehan, Jr., as Judge, MunicipalCourt of Philadelphia)

RJmCIARY (to consider House BillNo. 1647)

APPROPRIATIONS (to considerSenate Bills No. 139, 162, 177, 179182, 184, 185, 216, 220, 222, 241,243, 244, 257, 262, 292, 296, 308,309 311, 313, 339, 348, 375, 376, 378,409, 422, 427, 429, 432, 433, 460, 470,

TUESDAY. RJNE 8. 1993

AGRICULTURE AND RURALAFFAIRS (to consider Senate BillsNo. 1046, 1047, 1108, 1193; andHouse Bills No. 695, 696, 697, 698,699 and 1011)

FINANCE (to consider Senate BillsNo. 1190 and 1191)

COMMUNITY AND ECONOMICDEVELOPMENT (to consider SenateBills No. 1035, 1126 and House BillNo. 353 and any other business that maycome before the committee)

SENATE OF PENNSYLVANIA

COMMITTEE MEETINGS

BANKING AND INSURANCE(to consider Senate Bills No. 557,1031, 1103 and House Bill No. 1422)

VETERANS AFFAIRS &EMERGENCY PREPAREDNESS(to consider Senate Bills No. 519, 1018and House Bill No. 163; and NationalGuard Nominees: Cols. William B. Lynchand John E. Stevens for Brigadier Generaland Brigadier General Robert C. Chrisjohnfor Major General)

12:45 P.M.

Off theFloor

Off TheFloor

Rotary Club, Bethesda Mission Women and Children's Shelterof Harrisburg, and to the Penbrook United Church of Christ ofHarrisburg by Senator Shumaker.

Congratulations of the Senate were extended to Mr. andMrs. Rene Baldacci by Senator Shaffer.

10:00 A.M.

11:30 AM.

11:00 AM.

11:00 AM.

10:00 AM.

Volleyball Team of Northeastern High School of York bySenator Annstrong.

Congratulations of the Senate were extended to David J.Hortman by Senator Bortner.

Congratulations of the Senate were extended to Benjamin S.Markel, Matthew D. Taylor and to Thomas E. Walker, Jr., bySenator Corman.

Congratulations of the Senate were extended to MiltonEisner by Senator Dawida.

Congratulations of the Senate were extended to John P.Robin by Senator Dawida and others.

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

Congratulations of the Senate were extended to Dorothy Ottby Senator Fisher.

Congratulations of the Senate were extended to Doris D.Price by Senator Greenleaf.

Congratulations of the Senate were extended to Mr. andMrs. Robert Zarr, Naoli Taylor and to Anna Lucas by SenatorHelfrick.

Congratulations of the Senate were extended to ToddSchaible by Senator Holl.

Congratulations of the Senate were extended to BeverleeLynn Hartnett and to Nicki Brenneman by Senator Jubelirer.

Congratulations of the Senate were extended to Dr. WilliamB. Lawrence, Judy Fitch, Gregory 1. Hubbard, Gloria MacDonald Foss, Olwen Jones and to the Vernon Baptist Churchof Tunkhannock by Senator Lemmond.

Congratulations of the Senate were extended to EstellaShaulis by Senator Lincoln.

Congratulations of the Senate were extended to Bobbie JoSolomon and to Matthew Byung Ki Redka by SenatorMadigan.

Congratulations of the Senate were extended to Joyce E.Tressler by Senator Mellow.

Congratulations of the Senate were extended to Mr. andMrs. William M. Sheppard, Jr., James E. BIuman, Peter 1.Yoder and to Nathaniel C. Norton by Senator Mowery.

Congratulations of the Senate were extended to the FirstChurch of God of Brookville by Senator Peterson.

Congratulations of the Senate were extended to Joseph Mucci and to the Bovard Volunteer Fire Department by SenatorPorterfield.

Congratulations of the Senate were extended to Aloysius M.Marhefka and to Reverend Clyde McRae by Senator Reibman.

Congratulations of the Senate were extended to JenniferMattern, Jennifer Gogal and to the United Presbyterian Churchof Pottsville by Senator Rhoades.

Congratulations of the Senate were extended to ReverendWilliam Lewis Brown by Senator Robbins.

Congratulations of the Senate were extended to ReverendFather Edward J. Simons and to Brian R. McGuire by SenatorSalvatore.

Congratulations of the Senate were extended to Mr. andMrs. Christian H. Hershey, Lewis B. Lee, Paul Querry, Betty1. Jones, Dr. Nathan Sussman, William N. Knisely, Hershey


PETITIONS AND REMONSTRANCES


Senator JUBELIRER. Mr. President, today Members of theSenate Republican Caucus introduced a resolution which hasbeen referred to the Committee on Rules and Executive Nominations on a 24-24 votc. We ask that you, Mr. President, asPresident of the Senate and the constitutional officer responsible for setting thc date for special election, call it at the earliest possible time, and we have suggested that that date wouldbe August 10, 1993, some 60 days from the date of the vacancy created by the sad and untimely death of the gentlemanfrom Philadelphia, Senator Francis Lynch. We believe, Mr.President, that as we asked in the case of the 10th SenatorialDistrict, which is numerically a Republican district, we areconsistent in asking that the special election in the SecondSenatorial District, a numerically Democratic distri.ct, be set inas early and timely a fashion as possible. We believe, Mr.President, that just as the citizens of Bucks County were entitled to have representation in the Senate, so we believe that thecitizens of the Second Senatorial District in Philadelphia alsoare entitled to have representation in the Senate to deal with asmany issues as are possible, and we recognize that as thisSession soon will draw to a conclusion and that many issueswill be solved here, hopefully will be solved here, before weadjourn for the summer, and certainly particularly the issue ofworkers' compensation, which all of us agree needs to be addressed, there still will be many issues that will be on the fallagenda that are absolutely essential for Members of the Gener-

FRIDAY. JUNE 11, 1993

URBAN AFFAIRS AND HOUSING Temple Univ.(to consider the Homeowner's Emergency Kiva Aud.Mortgage Assistance Program) Phila.,PA

al Assembly and particularly this Senate to address, and to dothat without the election being held in the city of Philadelphiato fill the seat of the gentleman from Philadelphia, SenatorLynch, Mr. President, I and Members of the Senate RepublicanCaucus, and I would hope our colleagues on the other side ofthe aisle, would agree would be irresponsible. We believe thatit is very important, Mr. President, that every seat be filled asquickly as possible, recognizing that people of Bucks Countyhad to wait some 6 months. We have read reports that it verywell may be not until November, which would mean a5-month wait for the people of Philadelphia. I think that isintolerable, Mr. President, and I urge the Chair, as the constitutional officer responsible for doing that, and we urge you as aCaucus, to set that date as early as possible, and that would, ofcourse, be August 10, 1993, and finally, we will have a Senatewhich will have 50 Members, not 49 or 48. Mr. President, weoffer this recognizing that the Chair has not made its decisionyet and we urge the Chair to do that and to set that election atthe earliest possible time.

Thank you, Mr. President.The PRESIDENT. The Chair recognizes the gentleman from

Fayette, Senator Lincoln.Senator LINCOLN. Mr. President, I think the attitude we

are seeing come from the Republican Leader is just a little bitmore of the lack of concern that was shown for the gentlemanfrom Philadelphia, Senator Lynch, when we had the horribledebate on the floor a week ago Wednesday when they wereinsisting on him being here to be voted, as we had allowedthe gentleman from Delaware, Senator Bell, and the gentlemanfrom Philadelphia, Senator Salvatore, and others to vote atdifferent times. I also think it is incredible that the body is noteven cold and we have a partisan issue come to fore. The manhas not been in the ground for 72 hours. Seventy-two hoursFrank Lynch has been buried and we are already here listeningto the diatribe of partisan politics.

Mr. President, the Chair has the sole authority to do this,and I would ask the Chair in a reasonable manner, in a responsible manner, in a manner that would give some considerationto the death of Senator Lynch, that the Chair would take itstime and make sure that this election is held at the proper time,not at the political time, not at the most expeditious time, butat the proper time. I believe that the Chair made good judgment in the case of the Bucks County election, and I believeand I have the greatest amount of confidence in the Chair thatit will make the proper decision as to when this election shouldbe held. But I think out of respect for the gentleman fromPhiladelphia, Senator Lynch, that being here on Monday, afterhe was buried at 10:30 on Thursday moming, is just a little bitmore than I can take. I mean, partisanship and this diatribe ofblaming and accusing and taking advantage is one thing whenyou are talking about legislative issues, but when you are talking about the death of a colleague with whom you served for12 or 15 years, I think we have just stepped over the line alittle bit and we ought to take a look at maybe what all of usare doing in this business and maybe the business ought to besomething a little bit better if we showed a little compassion

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485, 512, 527, 560, 565, 569, 595, 620,647, 658, 699, 711, 722, 723, 743, 800,813, 820, 829, 836, 867, 918, 926, 953,956, 986, 993, 1026, 1028, 1036, 1041,1061, 1062, 1067, 1079, and 1100; andHouse Bills No.6, 15, 22, 27, 41, 185,550, 588, 589, 673, 958, 1260, 1262 and 1596)

WEDNESDAY, JUNE 9, 1993

STATE GOVERNMENT (to considerSenate Bill No. 1172 and House BillsNo. 53 and 450)

ENVIRONMENTAL RESOURCES AND Room 461ENERGY (Infonnational meeting on 4th FloorSeasonal Fann Labor Camp Regulations, North WingEQB Reg. #7-219)

PUBLIC HEALTH AND WELFARE(Public hearing - on Managed Careand Substance Abuse)

TUESDAY, JUNE 15, 1993

FINANCE (to consider Senate BillNo. 887)

9:00 A.M.

9:30 A.M.

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and a little bit of understanding of what has taken place in thatSenate district.

We have not been indulged, overrun, and we have not hada whole great number of people coming forth saying, Monday,make sure you set that election. I think reasonable people expect reasonable decisions to be made, but not in haste and notin a partisan manner, and I commend the Chair for taking thetime to at least allow the memory of the man who served thereto linger for at least another 24 hours before we get embroiledin this partisanship. And believe me, it is a 2 to 1 or betterDemocratic district, and if I were concerned about the election,that would be a different thing. I fully intend to win that election when it is held at a proper time, when the Chair has usedits good judgment, its common sense, and its courtesy anddecency to the memory of Frank Lynch to call that election.

LEGISLATIYE LEAYES CANCELLED

The PRESIDENT. The Chair recognizes the presence on thefloor of Senator Andrezeski. His temporary Capitol leave willhereby be cancelled.

Senator Fisher has joined us, and Senator Hart is with us aswell, and their leaves will all be cancelled.

PETITIONS AND REMONSTRANCES

(Continued)


Senator JUBELIRER. Mr. President, we certainly urge thesame things that the gentleman from Fayette, Senator Lincoln,does and recognize that we would like it set in a nonpartisan,bipartisan, whatever you want to call it, in a fair fashion, andwe believe, certainly, that as many prospective Democraticcandidates in that district in Philadelphia were all scramblingfor order to be commented on in the paper prior to the funeralof Senator Lynch, that that was highly inappropriate. I havegreat respect for Frank Lynch, and I believe that it is appropriate now, some 3 or 4 days after the funeral, to discussthat issue. I do not consider that fair game, and I do not believe that we have overstepped our bounds in terms of partisanship at all.

Frankly, Mr. President, the gentleman from Fayette, SenatorLincoln, may believe that your setting of the time of the BucksCounty election on July 13, some 6 months after the vacancy,was prudent and fair, but if you want to take that down andcampaign on it in Bucks County, feel free. Be our guest. Webelieve that is a clear issue in that election. And we are nottrying to get any gain. We believe we wanted to be consistentin asking for the earliest possible time. You are right, it is aheavily Democratic district, and that is why we do not believeit is partisan. And I might point out to the gentleman, the Majority Leader, Mr. President, that neither the gentleman fromDelaware, Senator Bell, nor the gentleman from Philadelphia,Senator Salvatore, were ever voted from their hospital rooms,as was Senator Lynch last week. That is moot. That is over.That is history and it has nothing to do with the issue at hand.

The issue at hand is the enfranchisement of the people of theSecond Senatorial District, and we are trying to be consistentand recognize what you did in the Cambria County seat some2 months after your becoming Lieutenant Governor, the election which produced the gentleman from Cambria, SenatorStewart, was held. We have been through this before. We justfelt that it was appropriate to go on the record so that the people of Philadelphia, the Commonwealth of Pennsylvania, in theSecond Senatorial District know that the Members of theRepublican Caucus believe that, consistently, it should be heldas expeditiously as possible, and it truly only deals with thetiming of the election and that people should have a right to beheard.

There have been bills introduced in the House and theSenate which would set parameters on when the electionshould be held and they have not gone anywhere, and as we allknow, it is clearly in the hands of the President of the Senate,who, of course, is the Lieutenant Governor, and, Mr. President,it is our fondest hope that you, as you have said time andagain, do the right thing, and the right thing is that those folkshave an opportunity to be represented, as they were for so longby Senator Lynch, by whoever that person is to succeed him,and we know when we go into that election, whether it isAugust, September, October, or November, whenever youdecide to set the election, our candidate will go in as a decidedunderdog, but nevertheless in the final outcome the people gainbecause they will have representation in the Senate when thatoutcome is achieved.

Thank you.Senator LINCOLN. Mr. President, once again, it amazes me

at how we can be here on Monday, 72 hours after a funeral,with partisanship that is wreaking with what we went throughthe last 3 months trying to get a good budget passed and theawful thing that we put Senator Lynch through last Wednesdayin some of the ugliest debate that I have ever heard in my life.Some of the threats that were made, and you even had to tumoff the Republican Leader's microphone for some of the thingsthat he was saying.

Fairness is not putting forth a specific date in August as towhen the election should be, and I believe I heard correctly.Did the gentleman from Blair, Senator Jubelirer, say August10? He wants to set the date? Is that fair? The gentleman fromBlair, Senator Jubelirer, says this is what is fair and nothingelse. That is part of the reason why we have had so manyproblems around here dealing with the Republican Caucus forthc last 12 years, because whatever they think they say is rightis right. And, unfortunately for them, a lot of times they arewrong; in fact, more often than not.

I am almost embarrassed by the fact that I have to standhere and debate this issue today because of the ghoulishnessand the nature of it. This is what we went through lastWednesday whenever we brought Senator Lynch in after ahorrible debate on the part of the Republicans and threats onwhat they were going to do if he did not get out of the hospitaland come up here, and he showed them that he was enough ofa man to do it. He was happy when he left here. He was proud


of the job that he did, and let us at least have a couple moredays before we get back into this bitter, ugly, partisan debateover something that you have no right to even try to do. It isthe Lieutenant Governor's right to set that date, and he will doit in a proper manner, and whether you like it or I like it is oflittle consequence. But I cannot believe the ugliness and thepartisanship that comes out of that side of the aisle.

The PRESIDENT. 'The Chair recognizes the gentleman fromLehigh, Senator Afflerbach.

Senator AFFLERBACH. Mr, President, in his haste to havea scheduled special election, the gentleman from Blair, SenatorJubelirer, refers to the need to deal with legislation. He refersto responsibility and irresponsibility. Mr. President, I wouldsimply demonstrate to the gentleman that he and his Caucushad the opportunity to be responsible today. There were twobills before this Chamber, Senate Bill No. 822 and Senate BillNo. 827. Both of these bills were passed unanimously by thisChamber in the past Session. Today they were defeated on apurely partisan vote. Both of these bills were recommended bythe Local Government Commission, and they passed unanimously in the past, and today were defeated on a purelypartisan vote. In the 23 years that I have observed the workings of this Chamber, and in fact have served in this Chamberduring part of that time, I do not recall a single instance wherelegislation recommended by the Local Government Commission was defeated on a purely party-line vote, but today it was.And I ask you, Mr. President, is that being responsible or is itbeing irresponsible? Is it being responsible to today defeat ina partisan manner legislation which we have already approvedunanimously, or is it being irresponsible?

Mr. President, there was no debate from the other side explaining why they suddenly had a miraculous conversion tooppose this legislation, and I will not begin to assign motivesto that, but it is very clear by the vote that they decided tomake it a partisan issue and to irresponsibly defeat legislationwhich we have previously passed and which has traditionallybeen of a nonpartisan nature.


Senator JUBELIRER. Mr. President, I guess I could startoff by saying, let he who has not sinned cast the first stone,and I guess if I had to, I could interrogate the gentleman fromLehigh, Senator Afflerbach, about the Hart amendment theweek before last, when Senator Hart offered an amendment tocurtail spending and tied it to the bill of Senator Furno and wewere told no amendment by Senator Hart will ever pass thisbody because they are going to go out and try to beat SenatorHart next year and they just do not like any amendments thatshe is going to offer, even though a dozen Members of theDemocratic side of the aisle voted for the same thing in aseparate bill in the last Session of the General Assembly.

I listened to all this nonsense, and one can be altruistic ifyou want to, but do not come in here and make a speech likethat, unless you come in with clean hands, I would suggest tothe gentleman.

Partisanship, well, I have got to tell you, there is plenty of

partisanship to go around in this building, that is for sure, andI can tell you, too, at least we have tried to act in a mannerthat has been consistent. All we did today was come forth witha resolution, not try to set the time or demand anything. Wehave suggested a time, and that is all. But to suggest that thisbody played partisan politics and that the other side ofthe aisleis pure, clean, with clean hands just is not the case. We haveseen that before.

Well, let me tell the gentleman from Lehigh, Senator Afflerbach-I have been waiting to say this-we are 24 and youare 24, and we have to get along. It is no longer 25 to 24. Thatis sad. It was a sad day when Frank Lynch passed away andI grieve for him as much as anybody, and I am not going to sithere and listen to some of the nonsense that I have heard.And we are going to have to work together, and we are goingto have to get along, and we are going to have to negotiate andcompromise and sit down and work together, and we are goingto have a seat at that table or else we are not going to getanything done here.

I have listened to the term "gridlock," and gridlock is in theeyes of the beholder. I said to the members of the press thismorning when I was asked about gridlock, I said, well, youwill not have gridlock if you elect a king of Pennsylvania orhave one party rule and then you will never have gridlock. Thefact is there is a two-party system and it is close in the Houseand it is dead even in the Senate of Pennsylvania, and the onlyway we are ever going to be able to get things done is the twoof us, you and I, as well as our Caucuses, have to sit downand work together to compromise, to negotiate. I have listenedfor 6 months now to, we are 25 and you are 24, and we aregoing to do what we want to do, in an arrogant and a bullyingfashion. But we are sick of it, and we are coming to you todaytelling you that we believe that there is opportunity now. Wecan take the sad, tragic death of Senator Lynch and make itinto something positive. Maybe it will be an opportunity for usto sit down together and work together. And we stand ready todo that, and we will be here to do that, but let us not startcasting stones.

The PRESIDENT. The Chair recognizes the gentleman fromLehigh, Senator Afflerbach.

Senator AFFLERBACH. Mr. President, I would merely say,methinks the gentleman doth protest too much.

ADJOURNMENT

Senator LINCOLN. Mr. President, I move that the Senatedo now adjourn until Tuesday, June 8, 1993, at 2 p.m., EasternDaylight Saving Time.

The motion was agreed to.The Senate adjourned at 6:20 p.m., Eastern Daylight Saving

Time.

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