~gislatifr£ m.ournalfeb 12, 1996  · the chaplain, reverend ruth ward heflin, ofcalva ry camp,...

28
COMMONWEALTH OF PENNSYLVANIA m.ournal MONDAY, FEBRUARY 12, 1996 SESSION OF 1996 180TH OF THE GENERAL ASSEMBLY No.9 SENATE MONDAY, February 12, 1996 The Senate met at 2 p.m. Eastern Standard Time. The PRESIDENT (Lieutenant Governor Matk S. Schweiker) in the Chair. PRAYER The Chaplain, Reverend RUTH WARD HEFLIN, of Calva- ry Camp, Ashland, Virginia, offered the following prayer: Holy are You, 0 Lord, just and righteous in all Your ways. You are awakening and healing our nation by Your presence in this crucial hour, in this strategic day, for Your presence heals, creates, and effects change, not only in Pennsylvania but in all the States of America and in all the nations of the world We declare the hastening and fulfillment of Your plans and purposes for Pennsylvania through these yielded men and women who have been given authority by You and the people of this State. Be unto us truth, wisdom. knowledge, and understanding, and establish peace, justice, and righteousness in all our deal- ings. Let Your love be shared among us, for thine is the king- dom. the power, and the glory forever and ever, and may Your glory fill these Chambers. Hallelujah. And on this day, the anniversary of President Abraham Lincoln's birthday, I pray, in the words of the Gettysburg Ad- dress, that this nation, under God, shall have a new birth of freedom. In Your name, I pray. Amen. The PRESIDENT. The Chair thanks Reverend Heflin, who is the guest today of Senator Greenleaf. JOURNAL APPROVED The PRESIDENT. A quorum of the Senate being present, the Clerk will read the Journal of the preceding Session of February 7, 1996. The Clerk proceeded to read the Journal of the preceding Session, when, on motion of Senator LOEPER, further reading was dispensed with and the Journal was approved. COMMUNICATIONS FROM THE GOVERNOR APPROVAL OF SENATE BILLS The PRESIDENT laid before the Senate communications in writing from His Excellency, the Governor of the Common- wealth, advising that the following Senate Bills had been ap- proved and signed by the Governor: SB 619 and SB 725. NOMINATIONS REFERRED TO COMMITTEE The PRESIDENT laid before the Senate the following com- munications in writing from His Excellency, the Governor of the Commonwealth, which were read as follows and referred to the Committee on Rules and Executive Nominations: JUDGE, MUNICIPAL COURT OF February 8, 1996 To the Honorable, the Senate of the Commonwealth of Pennsylvania: In confonnity with law, I have the honor hereby to nominate for the advice and consent of the Senate, William G. Chadwick, Jr., Es- quire, 700 West Mt Airy Avenue, Philadelphia 19119, Philadelphia County, Fourth Senatorial District, for appointment as Judge of the Municipal Court of Philadelphia, to serve until the first Monday of January 1998, vice The Honorable Michael J. Conroy, Jr., deceased. THOMAS J. RIDGE Governor MEMBER OF THE BOARD OF TRUSTEES OF SCRANTON STATE SCHOOL FOR TIlE DEAF February 9, 1996 To the Honorable, the Senate of the Commonwealth of Pennsylvania: In confonnity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Thomas L. Shaffer, 56 Govier Street, Wilkes-Barre 18705, Luzerne County, Fourteenth Senatorial District, for appointment as a member of the Board of Trustees of Scranton State School for the Deaf, to serve until the third Tuesday of January 1997, and until his successor is appointed and qualified, vice Harry W. Wilson, Jr., Tunkhannock, resigned. THOMAS J. RIDGE Governor CORRECTIONS TO NOMINATIONS REFERRED TO COMMITTEE The PRESIDENT laid before the Senate the following com- munications in writing from His Excellency, the Governor of the Commonwealth, which were read as follows and referred to the Committee on Rules and Executive Nominations:

Upload: others

Post on 09-Mar-2021

4 views

Category:

Documents


0 download

TRANSCRIPT

Page 1: ~gislatifr£ m.ournalFeb 12, 1996  · The Chaplain, Reverend RUTH WARD HEFLIN, ofCalva ry Camp, Ashland, Virginia, offered the following prayer: Holy are You, 0 Lord, just and righteous

COMMONWEALTH OF PENNSYLVANIA

~gislatifr£ m.ournalMONDAY, FEBRUARY 12, 1996

SESSION OF 1996 180TH OF THE GENERAL ASSEMBLY No.9

SENATEMONDAY, February 12, 1996

The Senate met at 2 p.m. Eastern Standard Time.

The PRESIDENT (Lieutenant Governor Matk S. Schweiker)in the Chair.

PRAYER

The Chaplain, Reverend RUTH WARD HEFLIN, of Calva­ry Camp, Ashland, Virginia, offered the following prayer:

Holy are You, 0 Lord, just and righteous in all Your ways.You are awakening and healing our nation by Your presencein this crucial hour, in this strategic day, for Your presenceheals, creates, and effects change, not only in Pennsylvania butin all the States of America and in all the nations of the worldWe declare the hastening and fulfillment of Your plans andpurposes for Pennsylvania through these yielded men andwomen who have been given authority by You and the peopleof this State.

Be unto us truth, wisdom. knowledge, and understanding,and establish peace, justice, and righteousness in all our deal­ings. Let Your love be shared among us, for thine is the king­dom. the power, and the glory forever and ever, and may Yourglory fill these Chambers. Hallelujah.

And on this day, the anniversary of President AbrahamLincoln's birthday, I pray, in the words of the Gettysburg Ad­dress, that this nation, under God, shall have a new birth offreedom. In Your name, I pray. Amen.

The PRESIDENT. The Chair thanks Reverend Heflin, whois the guest today of Senator Greenleaf.

JOURNAL APPROVED

The PRESIDENT. A quorum of the Senate being present,the Clerk will read the Journal of the preceding Session ofFebruary 7, 1996.

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

COMMUNICATIONS FROM THE GOVERNOR

APPROVAL OF SENATE BILLS

The PRESIDENT laid before the Senate communications inwriting from His Excellency, the Governor of the Common-

wealth, advising that the following Senate Bills had been ap­proved and signed by the Governor:

SB 619 and SB 725.

NOMINATIONS REFERRED 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:

JUDGE, MUNICIPAL COURT OFP~ADELPHIA

February 8, 1996

To the Honorable, the Senate of the Commonwealth ofPennsylvania:

In confonnity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, William G. Chadwick, Jr., Es­quire, 700 West Mt Airy Avenue, Philadelphia 19119, PhiladelphiaCounty, Fourth Senatorial District, for appointment as Judge of theMunicipal Court of Philadelphia, to serve until the first Monday ofJanuary 1998, vice The Honorable Michael J. Conroy, Jr., deceased.

THOMAS J. RIDGEGovernor

MEMBER OF THE BOARD OF TRUSTEES OFSCRANTON STATE SCHOOL FOR TIlE DEAF

February 9, 1996

To the Honorable, the Senate of the Commonwealth ofPennsylvania:

In confonnity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, Thomas L. Shaffer, 56 GovierStreet, Wilkes-Barre 18705, Luzerne County, Fourteenth SenatorialDistrict, for appointment as a member of the Board of Trustees ofScranton State School for the Deaf, to serve until the third Tuesdayof January 1997, and until his successor is appointed and qualified,vice Harry W. Wilson, Jr., Tunkhannock, resigned.

THOMAS J. RIDGEGovernor

CORRECTIONS TO NOMINATIONSREFERRED TO COMMITTEE

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

Page 2: ~gislatifr£ m.ournalFeb 12, 1996  · The Chaplain, Reverend RUTH WARD HEFLIN, ofCalva ry Camp, Ashland, Virginia, offered the following prayer: Holy are You, 0 Lord, just and righteous

1494 LEGISLATIVE JOURNAL - SENATE FEBRUARY 12,

MEMBER OF TIlE HEALTH POLICY BOARD

Febrwuy 9, 1996

To the Honorable, the Senate of the Commonwealth ofPennsylvania:

Please note the nomination dated Febrwuy 5, 1996 for the reap­pointment of Dr. Vail P. Garvin, 399 Betsy Lane, Warntinster 18974,Bucks Comly, Twelfth Senatorial District, as a member of the HealthPolicy Board, to serve for a tenD of three years and mItil his succes­sor is appointed and qualified, should be corrected to read:

Dr. Vail P. Garvin, 399 Betsy Lane, Wanninster 18974, BucksCOmIty, 1\velfth Senatorial Dis1rict, as a member of the Health PolicyBoard, to serve for a tenD of three years and mItil her successor isappointed and qualified.

MEMBER OF TIlE STAlE REALESTATE COMMISSION

Febrwuy 9, 1996

To the Honorable, the Senate of the Commonwealth ofPennsylvania:

Please note the nomination dated Febnuuy 5, 1996 for the ap­pointment of Charles P. Sexton, Sr. (Public Member), 323 West FrontStreet, Media 19063, Delaware COmIty, Ninth Senatorial District, asa member of the State Real Estate Commission, to serve for a tenDof five years or lDltil his successor is appointed and qualified, but notlonger than six months beyond that period, vice John J. McCormick,Jr., Erie, whose tenD expired, should be corrected to read:

Charles P. Sexton, Sr. (Public Member), 421 North State Road.Springfield 19064, Delaware COmIty, Twenty-sixth Senatorial District,as a member of the State Real Estate Commission, to serve for a termof five years or until his successor is appointed and qualified, but notlonger than six months beyond that period, vice John 1. McCormick,Jr., Erie, whose tenD expired.

HOUSE MESSAGES

HOUSE NONCONCURS IN SENATEAMENDMENTS TO HOUSE AMENDMENTS

TO SENATE BILL

The Clerk of the House of Representatives informed theSenate that the House has nonconcurred in amendments madeby the Senate to House amendments to SB 432.

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

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:

February 7. 1996

DB 1294 and 2360 -- Committee on Transportation.DB 1689, 2271 and 2339 -- Committee on EducationHB 2014 -- Committee on Law and Justice.HB 2046 -- Committee on Rules and Executive Nomina­

tions.

HOUSE RESOLUTION FOR CONCURRENCE

The Clem of the House of Representatives presented to theSenate the following resolution for concurrence, which wasreferred to the committee indicated:

Febrwuy 7. 1995

House Concurrent Resolution No. 256 - Committee onIntergovernmental Affairs.

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:

Febrwuy 7, 1996

Senators PICCOLA, O'PAKE, HECKLER, STEWART,GERLACH, BRIGHTBILL, SALVATORE, HART,RHOADES, STAPLETON, AFFLERBACH and KASUNICpresented to the Chair SB 1397, entitled:

An Act amending the act of July 10, 1986 (p. L. 1263, No. 116),entitled "Commtmity Services Act," further providing for functions ofthe agency and for apportionment of appropriations; and extending theexpiration date of the act.

Which was connnitted to the Connnittee on COMMUNTIYAND ECONOMIC DEVELOPMENT, February 7,1996.

Senators KASUNIC, STOUT and MUSTO presented to theChair SB 1398, entitled:

An Act amending Title 18 (Crimes and Offenses) of the Pennsyl­vania Consolidated Statutes, prohibiting the operation of clubs andbusinesses patronized primarily for the pmpose of engaging in sexualactivity.

Which was committed to the Committee on JUDICIAR~

Febrwuy 7, 1996.

Senators KASUNIC, STOUT and MUSTO presented to theChair SB 1399, entitled:

An Act amending Title 18 (Crimes and Offenses) of the Pennsyl­vania Consolidated Statutes, prohibiting the operation of clubs andbusinesses patronized primarily for the pmpose of engaging in sexualactivity.

Which was committed to the Committee on JUDICIAR~

February 7, 1996.

Senators MADIGAN, TILGHMAN, AFFLERBACH, BELL,STOUT, SALVATORE, SCHWARTZ, HELFRICK, MUSTO,TOMLINSON, O'PAKE, HART and LEMMOND presented tothe Chair SB 1400, entitled:

An Act amending the act of December 16, 1986 (p. L. 1621, No.184), entitled "An act establishing and imposing powm and duties onthe Office for the Deaf and Hearing Impaired in the Department ofLabor and IndustIy;....," renaming the Office of the Deaf and HearingImpaired and the Advisory Council for the Deaf and Hearing Im­paired as the Office of the Deaf and Hard of Hearing and the Adviso­ry Council for the Deaf and Hard of Hearing.

Which was committed to the Committee on LABOR ANDINDUSTR.~ Febrwuy 7, 1996.

Page 3: ~gislatifr£ m.ournalFeb 12, 1996  · The Chaplain, Reverend RUTH WARD HEFLIN, ofCalva ry Camp, Ashland, Virginia, offered the following prayer: Holy are You, 0 Lord, just and righteous

1996 LEGISLATIVE JOURNAL - SENATE 1495

GENERAL COMMUNICATION

SUNNY DAY FUND PROGRAMSUMMARY REPORT

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

COMMONWEALTII OF PENNSYLVANIADepartment of Commerce

Harrisburg

Februmy 8, 1996Honomble Mark CoDiganSecretary of SenateRoom 462 Main CapitolHarrisburg, Pennsylvania 17120

Dear Secretary CoDigan:

Enclosed please fmd the Sunny Day Food Progmm Summaryreport which is required in Secti~n 4 of ~e.Sunny Day A~t.

This report contains infonnation pertammg to the specific use ofthe Sunny Day money. the interest mte and tenn ?f the Sunny DayFood loan. the amount of principal outstanding ~d mterest due on theloan and the number of jobs created by the project.

Please feel free to contact my office with questions or comments.

Sincerely,

TIlOMAS B. HAGENSecretary

The PRESIDENT. This report will be filed in the Librmy.

LEGISLATIVE LEAVES

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

Senator LOEPER. Mr. President, I request a legislativeleave on behalf of Senator Peterson.

The PRESIDENT. Senator Loeper requests a legislativeleave for Senator Peterson, and that leave is granted.

The Chair recognizes the gentleman from Lackawanna,Senator Mellow.

Senator MELLOW. Mr. President, I request legislativeleaves for Senator Belan, Senator Hughes, and Senator Wil­liams, and temporal)' Capitol leaves for Senator Bodack andSenator Schwartz.

The PRESIDENT. Senator Mellow requests temporary Capi­tol leaves for Senator Bodack and Senator Schwartz, and legis­lative leaves for Senator Belan, Senator Hughes, and SenatorWilliams. Without objection, those leaves are granted.

LEAVE OF ABSENCE

Senator MELLOW asked and obtained a leave of absencefor Senator FUMO, for today's Session, for personal reasons.

SENATE CONCURRENT RESOLUTION

RECESS ADJOURNMENT

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

In the Senate, Febrwuy 12, 1996

RESOLVED, (the House of Representatives concurring), Thatwhen the Senate adjourns this week it reconvene on Monday. March11. 1996, lUlIess sooner recalled by the President Pro Tempore of theSenate; and be it further . .

RESOLVED, That when the House of Representatives adjOurnsthis week it n:convene on Monday, Mareh II, 1996, unless sooner re­called by the Speaker of the House of Representatives.

On the question,Will the Senate adopt the resolution?

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

YEAS-48

Aftlerbach Hart Mellow ShafferAndrezeski Heckler Mowery StapletonArmstrong Helfrick Musto StewartBelan Holl Q'Pake StoutBell Hughes Peterson TartaglioneBodack Jones Piccola ThompsonBrightbill Jubelirer Porterlield TIlghmanConnan Kasunic Punt TomlinsonDelp laValle Rhoades UlianaFisher Lemmond Robbins WagnerGerlach Loeper Salvatore WengerGreenleaf Madigan Schwartz Williams

NAYS-o

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

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

SPECIAL ORDER OF BUSINESSLINCOLN DAY ADDRESS

The PRESIDENT. The Chair recognizes the gentleman fromChester, Senator Thompson.

Senator THOMPSON. Mr. President, as the newest, butcertainly not the youngest, Republican Member of this Cham­ber, it is a profound honor for me to offer remarks on behalfof Abraham Lincoln, one of our greatest Presidents and mosteloquent spokesmen. This great communicator governed indays before politics were ruled by spin doctors, sound bites,polls, PCN, focus groups, and fundraising. He was, by his ownadmission, a man of common and almost comical looks, whooften felt uncomfortable in public.

Abraham Lincoln cared more about character than charisma,and was guided by a moral compass which he trusted to pointhim in the right direction. He followed that compass againstthe advice of handlers and at the risk of public ridicule. Andin steering our country through its most turbulent periods, hestruck a course for honesty, integrity, and decency that hasbecome his lasting legacy.

As President, Lincoln showed himself to be both shrewdand thoughtful, strong-willed, and compassionate. The bunJenshe bore during the Civil War were far heavier than mostAmerican Presidents, yet he carried out his respoOSlbilities withremarkable patience and detennination. He never lost his sense

Page 4: ~gislatifr£ m.ournalFeb 12, 1996  · The Chaplain, Reverend RUTH WARD HEFLIN, ofCalva ry Camp, Ashland, Virginia, offered the following prayer: Holy are You, 0 Lord, just and righteous

1496 LEGISLATIVE JOURNAL - SENATE FEBRUARY 12,

of humor, his compassion, or his empathy for the commonman. To his credit, Lincoln refused to be seduced by the pow­ers and trappings of the most powerful office in the land. Infact, he likened being President to being tarred and featheredand ridden out of town on a mil. "If it wasn't for the honor ofthe thing," he said, "I'd much mther walk."

I often wonder how successful Lincoln would have been intoday's national political arena, where image is everything,camem appeal is critical, and policies can change daily or evenhourly based on the latest public opinion poll. Media consul­tants would have had a tough time with Abe's wrinkled suits,his frumpy stovepipe hat, his skeletal body, and his commonmannerisms. He certainly would not be allowed to pen his ownremarks, and he probably would not take kindly to strategistsand pollsters telling him how to spin his message or what con­troversial topics to avoid.

Lincoln did not opemte that way. His most trusted advisorswere his own heart and his head, and his overwhelming con­cern was not to win the next election but to do the right thingfor a country he believed so strongly in. He took a farsightedview on governing and a nearsighted approach to his manyvocal critics.

Today, Lincoln is universally admired for his honesty, hisstrength of chamcter, and his unswerving belief in doing whatwas right, even if that right was not politically expedient. Butthat was not the case during his Presidency, when he was rou­tinely vilified by the press and his detmctors for the handlingof the Civil War. Among other things, they called him a buf­foon, a tmitor, an idiot, a bigot, a lunatic, and a bully. Hishometown paper joined the chorus, calling him "the cmftiestand most dishonest politician that ever disgmced an office inAmerica." Even northern newspapers criticized Lincoln's warobjectives and attacked his antislavery agenda. They arguedthat he avoided the issues before the election to earn office,then began his real agenda afterwards.

Lincoln suffered through disastrous midterm elections andstrong efforts to dump him as a candidate in 1864. He wasdenounced as an outright tmitor who endangered the nation byhis presence. His genemls and even his own cabinet publiclycriticized him. Wearied but unbent by these attacks, Lincolntold a friend, "They wish to get rid of me, and I am sometimeshalf disposed to gmtify them," and yet he persevered withdignity and great success. He was triumphantly reelected, thewar drove to its end, and at the time of his second inaugum­tion, he was at the height of his popularity.

But popularity and acclaim were not what Lincoln measuredhimself by. Unlike many in politics today, Lincoln was notruled by what was popular at the moment, and he refused to lethis detractors define his agenda. Rather, he was guided bywhat he knew to be right for the long term. In a speech thathelped propel him into the White House, Lincoln wged Repub­licans to stay true to the founding ideals of our country. "Letus have faith that right makes might. And in that faith, let usto the end, dare to do our duty as we understand it," he said.

Abmham Lincoln was, by his own admission, far fromperfect. He was not flashy or photogenic. He often refused tolisten to his advisors and campaign managers. He was happiest

when he was out of the public limelight. By today's standanJshe would have made an awful candidate. But the real qualitiesthat defined him - decency, dedication to others, honor, andcompassion - made him one of our greatest Presidents. It isthese essential qualities that we, as public officials, shouldstrive for, and it is this lasting legacy that Abmham Lincolnwould be happiest to be remembered for.

The words of Mr. Lincoln are as appropriate to us· in thisChamber today as we seek to conduct the people's business asthey were in 1865 when he delivered his Second InauguralAddress. Those words were, "With malice toward none; withcharity for all, with firmness in the right, as God gives us tosee the right, let us strive on to finish the work we are in."

Thank you.(Applause.)The PRESIDENT. The Chair thanks Senator Thompson.The Chair recognizes the gentleman from Delaware, Senator

Loeper.Senator LOEPER. Mr. President, before I ask for a recess,

I would like to commend the gentleman from Bucks, SenatorThompson, on his Lincoln Day speech before the Senate ofPennsylvania. I think his words were very well put and verywell delivered, and I congratulate him on behalf of all of us onhis address today.

DISCHARGE PETITIONS

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

In the Senate, February 12, 1996

A PETITION

To place before the Senate the nomination of Honomble Thomas F.Goldsmith, as a member of the Health Policy Board.

TO: The President Officer of the Senate:

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 Honomble Thomas F. Gold­smith, as a member of the Health Policy Board, before the entireSenate body for a vote, the nomination not having been voted uponwithin 15 legislative days:

William 1. StewartRobert J. MellowLeonard 1. BodackMichael A. O'PakePatrick 1. Stapleton

In the Senate, February 12, 1996

A PETITION

To place before the Senate the nomination of Joseph J. Pilieri, as amember of the Board of Trustees Eastern State School and Hos­pital.

TO: The President Officer of the Senate:

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 Joseph J. Pilieri, as a mem­ber of the Board of Trustees Eastern State School and Hospital, be-

Page 5: ~gislatifr£ m.ournalFeb 12, 1996  · The Chaplain, Reverend RUTH WARD HEFLIN, ofCalva ry Camp, Ashland, Virginia, offered the following prayer: Holy are You, 0 Lord, just and righteous

1996 LEGISLATIVE JOURNAL - SENATE 1497

fore the entire Senate body for a vote, the nomination not having beenvoted upon within 15 legislative days:

William J. StewartRobert J. MellowLeonard J. BodackMichael A. O'PakePatrick J. Stapleton

In the Senate, Febnuuy 12, 1996

A PETITION

To place before the Senate the nomination of Robert K. Hafer, D.O.,as a member of the Board of Trustees Harrisburg State Hospital.

TO: The President Officer of the Senate:

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 Robert K. Hafer, D.O., as amember of the Board of Trustees Harrisburg State Hospital, beforethe entire Senate body for a vote, the nomination not having beenvoted upon within 15 legislative days:

William J. StewartRobert J. MellowLeonard J. BodackMichael A. O'PakePatrick J. Stapleton

In the Senate, Februaty 12, 1996

A PETITION

To place before the Senate the nomination of Rev. Barnabas W.Glenn, as a member of the Board of Trustees Haverford StateHospital.

TO: The President Officer of the Senate:

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 Rev. Barnabas W Glenn, asa member of the Board of Trustees Haverford State Hospital, beforethe entire Senate body for a vote, the nomination not having beenvoted upon within 15 legislative days:

William J. StewartRobert J. MellowLeonard J. BodackMichael A. O'PakePatrick 1. Stapleton

In the Senate, Febmaty 12, 1996

A PETITION

To place before the Senate the nomination of Dr. Richard E. Wright,as a member of the State Board of Medicine.

TO: The President Officer of the Senate:

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 Dr. Richard E. Wright, as amember of the State Board of Medicine, before the entire Senate bodyfor a vote, the nomination not having been voted upon within 15legislative days:

William J. StewartRobert J. MellowLeonard J. BodackMichael A. O'PakePatrick J. Stapleton

In the Senate, Febrwuy 12, 1996

A PETITION

To place before the Senate the nomination of Anthony 1. Swanick, asa member of the Board of Trustees Norristown State Hospital.

TO: The President Officer of the Senate:

WE, The undersigned members of the Senate, ptU'SU8Ilt to section8 (b) of Article IV of the Constitution of Pennsylvania, do herebyrequest that you place the nomination of Anthony J. Swanick, as amember of the Board of Trustees NoIristown State Hospital, beforethe entire Senate body for a vote, the nomination not having beenvoted upon within 15 legislative days:

William J. StewartRobert J. MellowLeonard J. BodackMichael A. O'PakePatrick J. Stapleton

In the Senate, Febrwuy 12, 1996

A PETITION

To place before the Senate the nomination of Judith A. Swanson, asa member of the Board of Trustees Norristown State Hospital.

TO: The President Officer of the Senate:

WE, The undersigned members of the Senate, pmsuant to section8 (b) of Article IV of the Constitution of Pennsylvania, do herebyrequest that you place the nomination of Judith A. Swanson, as amember of the Board of Trustees NoIristown State Hospital, beforethe entire Senate body for a vote, the nomination not having beenvoted upon within 15 legislative days:

William J. StewartRobert J. MellowLeonard J. BodackMichael A. O'PakePatrick J. Stapleton

In the Senate, Febrwuy 12, 1996

A PETITION

To place before the Senate the nomination of Ronald G. Tyler, Sr.,as a member of the Board of Trustees Scotland School forVeterans' Children.

TO: The President Officer of the Senate:

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 Ronald G. Tyler, Sr., as amember of the Board of Trustees Scotland School for Veterans' Chil­dren, before the entire Senate body for a vote, the nomination nothaving been voted upon within 15 legislative days:

William J. StewartRobert J. MellowLeonard J. BodackMichael A. O'PakePatrick J. Stapleton

In the Senate, Febrwuy 12, 1996

A PETITION

To place before the Senate the nomination of Samuel 1. Wagner, asa member of the Board of Trustees Warren State Hospital.

Page 6: ~gislatifr£ m.ournalFeb 12, 1996  · The Chaplain, Reverend RUTH WARD HEFLIN, ofCalva ry Camp, Ashland, Virginia, offered the following prayer: Holy are You, 0 Lord, just and righteous

1498 LEGISLATIVE JOURNAL - SENATE FEBRUARY 12,

TO: The President Officer of the Senate:

WE, The 1JI1dersigned members of the Senate, pursuant to section8 (b) of Article IV of the Constitution of Pennsylvania, do herebyrequest that you place the nomination of Samuel J. Wagner, as amember of the Board of Trustees Warren State Hospital, before theentire Senate body for a vote, the nomination not having been votedupon within 15 legislative days:

William J. StewartRobert J. MellowLeonard J. BodackMichael A. O'PakePatrick J. Stapleton

In the Senate, Febnwy 12, 1996

A PETITION

To place before the Senate the nomination of Julian I. Fine, as amember of the Board of Trustees Western Center.

TO: The President Officer of the Senate:

WE, The tmdersigned members of the Senate, pursuant to section8 (b) of Article IV of the Constitution of Pennsylvania, do herebyrequest that you place the nomination of Julian I. Fine, as a memberof the Board of Trustees Western Center, before the entire Senatebody for a vote, the nomination not having been voted upon within15 legislative days:

William J. StewartRobert J. MellowLeonard J. BodackMichael A. O'PakePatrick J. Stapleton

In the Senate, Febmaty 12, 1996

A PETITION

To place before the Senate the nomination of Beatrice F. Goldszer,as a member of the Board of Trustees Western Center.

TO: The President Officer of the Senate:

WE, The tmdersigned members of the Senate, pursuant to section8 (b) of Article IV of the Constitution of Pennsylvania, do herebyrequest that you place the nomination of Beatrice F. Goldszer, as amember of the Board of Trustees Western Center, before the entireSenate body for a vote, the nomination not having been voted uponwithin 15 legislative days:

William J. StewartRobert J. MellowLeonard J. BodackMichael A. O'PakePatrick J. Stapleton

In the Senate, Februaty 12, 1996

A PETITION

To place before the Senate the nomination of Stella W. Kandzer, asa member of the Board of Trustees Western Center.

TO: The President Officer of the Senate:

WE, The tmdersigned members of the Senate, pursuant to section8 (b) of Article IV of the Constitution of Pennsylvania, do herebyrequest that you place the nomination of Stella W. Kandzer, as amember of the Board of Trustees Western Center, before the entireSenate body for a vote, the nomination not having been voted uponwithin 15 legislative days:

William J. StewartRobert J. MellowLeonard J. BodackMichael A. O'PakePatrick J. Stapleton

In the Senate, Febnwy 12, 1996

A PETITION

To place before the Senate the nomination of 1. Robert Ondulick, asa member of the Board of Trustees Western Center.

TO: The President Officer of the Senate:

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 J. Robert Ondulick, as amember of the Board of Tmstees Western Center, before the entireSenate body for a vote, the nomination not having been voted uponwithin 15 legislative days:

William J. stewartRobert 1. MellowLeonard J. BodackMichael A. O'PakePatrick J. Stapleton

In the Senate, Februaty 12, 1996

A PETITION

To place before the Senate the nomination of Harty F. Bigler, as amember of Clearfield County Board of Assistance.

TO: The President Officer of the Senate:

WE, The tmdersigned members of 1he Senate, pmsuant to section8 (b) of Article IV of the Constitution of Pennsylvania, do herebyrequest 1hat you place the nomination of Hany F. Bigler, as a mem­ber of Clearfield Comty Bomd of Assistance, before 1he entire Senatebody for a vote, 1he nomination not having been voted upon within15 legislative days:

William J. StewartRobert J. MellowLeonard J. BodaekMichael A. O'PakePatrick J. Stapleton

In the Senate, Februaty 12, 1996

A PETITION

To place before the Senate the nomination of Martha F. Lynch, as amember of Clearfield County Board of Assistance.

TO: The President Officer of the Senate:

WE, The mdersigned members of the Senate, pwsuant to section8 (b) of Article IV of the Constitution of Pennsylvania, do herebyrequest that you place the nomination of Martha F. Lynch, as a mem­ber of Clearfield Cotmty Bomd of Assistance, before the entire Senatebody for a vote, the nomination not having been voted upon within15 legislative days:

William J. StewartRobert J. MellowLeonard J. BodackMichael A. O'PakePatrick J. Stapleton

The PRESIDENT. These communications will be laid onthe table.

Page 7: ~gislatifr£ m.ournalFeb 12, 1996  · The Chaplain, Reverend RUTH WARD HEFLIN, ofCalva ry Camp, Ashland, Virginia, offered the following prayer: Holy are You, 0 Lord, just and righteous

1996 LEGISLATIVE JOURNAL - SENATE 1499

RECESS

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

Senator LOEPER. Mr. President, at this time I ask for arecess of the Senate for the purpose of a Republican caucus tobegin immediately in the first floor caucus room, with an ex­pectation of trying to return to the floor at approximately 4p.m.

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

Senator MELLOW. Mr. President, I also request that theDemocratic Members report to our second floor caucus roomimmediately upon the conclusion of the Session.

The PRESIDENT. For purposes of Republican and Demo­cratic caucuses. this Chamber stands in recess, with the inten­tion of returning at approximately 4 p.m.

JUDGE. SUPERIOR COURT OFPENNSYLVANIA

January 24. 1996

To the Honomble, the Senate of the Commonwealth ofPennsylvania:

In confonnity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, D. Donald Jamieson, Esquire,1250 Greenwood Avenue, Apartment 701. Jenkintown 19046, Mont­gomery County, Twelfth Senatorial District, for appoin1ment as Judgeof the Superior Comt of Pennsylvania, to serve until the first Mondayof January 1998, vice The Honomble James E. Rowley, resigned.

mOMAS J. RIDGEGovernor

On the question,Will the Senate advise and consent to the nomination?

The PRESIDENT. Senator Peterson, Senator Bodack, andSenator Schwartz have returned, and their leaves are cancelled

A constitutional two-thirds majority of all the Senators hav­ing voted "aye." the question was determined in the affinna­tive.

Ordered, That the Governor be informed accordingly.

LEGISLATIVE LEAVES CANCELLED

LEGISLATIVE LEAVES

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

Senator MELLOW Mr. President, I request tempormy Cap­itol leaves for Senator AftleJbach, Senator O'Pake, and SenatorStout.

The PRESIDENT. Senator Mellow requests tempormy Capi­tol leaves for Senator AftleJbach, Senator O'Pake. and SenatorStout. Without objection, those leaves are granted.

And the question recurring.Will the Senate advise and consent to the nomination?

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

AFTER RECESS

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

LEGISLATIVE LEAVE CANCELLED

The PRESIDENT. Senator Hughes has returned to the floor,and his legislative leave will be cancelled.

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 Senate Bill No. 831, House BillNo. 272, and certain nominations.

LEGISLATIVE LEAVES

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

Senator LOEPER. Mr. President, Senator Gerlach and Sena­tor Helfrick have been called from the floor to their offices.and I request temporary Capitol leaves on their behalf.

The PRESIDENT. Senator Loeper requests temporary Capi­tol leaves for Senator Gerlach and Senator Helfrick. Withoutobjection, those leaves will be granted.

EXECUTIVE NOMINATIONS

EXECUTIVE SESSION

Motion was made by Senator SALVATORE.That the Senate do now resolve itself into Executive Session

for the purpose of considering certain nominations made by theGovernor.

Which was agreed to.

NOMINATION TAKEN FROM THE TABLE

Senator SALVATORE. Mr. President. I call from the tablea certain nomination and ask for its consideration.

The Clerk read the nomination as follows:

AfflerbachAndrezeskiAnnstrongBelanBellBodackBrightbillConnanDelpFisherGerlachGreenleaf

Schwartz

HartHecklerHelfrickHollHughesJonesJubelirerKasunicLaValleLemmondLoeperMadigan

YEAS-47

MellowMoweryMustoQ'PakePetersonPiccolaPorterfieldPuntRhoadesRobbinsSalvatoreShaffer

NAYS-l

StapletonStewartStoutTartaglioneThompsonTIlghmanTomlinsonUlianaWagnerWengerWilliams

Page 8: ~gislatifr£ m.ournalFeb 12, 1996  · The Chaplain, Reverend RUTH WARD HEFLIN, ofCalva ry Camp, Ashland, Virginia, offered the following prayer: Holy are You, 0 Lord, just and righteous

1500 LEGISLATIVE JOURNAL - SENATE FEBRUARY 12,

NOMINATIONS TAKEN FROM THE TABLE

Senator SALVATORE. Mr. President, I call from the tablecertain nominations and ask for their consideration.

The Clerk read the nominations as follows:

MEMBER OF THE BOARD OF TRUSTEESOF HARRISBURG STATE HOSPITAL

November 6, 1995

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, Barbara G. Edmiston, 15 Sm­fm: Avenue, Camp Hill 17011, Cumberland CO\U1ty, Thirty-first Sena­torial District, for reappointment as a member of the Board of Trust­ees of Harrisburg State Hospital, to serve mtil the third Tuesday ofJanuary 1999, and mtil her successor is appointed and qualified.

TI-IOMAS J. RIDGEGovernor

MEMBER OF THE PENNSYLVANIA HISTORICALAND MUSEUM COMMISSION

December 11, 1995

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, John Herbst, 5540 Hays S1reet,PittsbuIgh 15206, Allegheny CO\U1ty, Thirty-eighth Senatorial Dis1rict,for appointment as a member of the Pennsylvania Historical and Mu­seum Commission, to serve \U1tiJ the third Tuesday of January 1999and mtiJ his successor is appointed and qualified, vice Ann N.Greene, Philadelphia, whose term expired.

THOMAS J. RIDGEGovernor

MEMBER OF THE STATE HORSE RACINGCOMMISSION

December 4, 1995

To the Honorable, the Senate of the Commonwealth ofPennsylvania:

In conformity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, F. Eugene Dixon, Jr., P. O. Box178, Lafayette Hill 19444, Montgomery CO\U1ty, Twenty-fourth Sena­torial District, for reappointment as a member of the State HorseRacing Commission, to serve for a term of three years and mtiJ hissuccessor is appointed and qualified, but not longer than six monthsbeyond that period.

mOMAS J. RIDGEGovernor

MEMBER OF THE STATE BOARD OF EXAMINERSOF NURSING HOME ADMINISTRATORS

January 16, 1996

To the Honorable, the Senate of the Commonwealth ofPennsylvania:

In confonnity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, Helen A. Oliverio, 528 MainStreet, Harmony 16037, Butler Comty, Twenty-flI'St Senatorial Dis­mct, for reappointment as a member of the State Board of Examinersof Nursing Home Administrators, to serve for a tenn of four years ormtil her successor is appointed and qualified, but not longer than sixmonths beyond that period.

THOMAS J. RIDGEGovernor

MEMBER OF THE BOARD OF TRUSTEES OFSCRANTON STATE SCHOOL FOR THE DEAF

November 6, 1995

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, Robert Boyce, R. D. I, Box190-A, Tunkhannock 18657, Wyoming Comty, Twentieth SenatorialDistrict, for appointment as a member of the Board of Trustees ofScranton State School for the Deaf, to serve mill the third Tuesdayof January 1997, and mill his successor is appointed and qualified,vice Harold Diamond, Esquire, Philadelphia, resigned.

THOMAS 1. RIDGEGovernor

MEMBER OF THE BOARD OF TRUSTEESOF WARREN STATE HOSPITAL

November 8, 1995

To the Honorable, the Senate of the Commonwealth ofPennsylvania:

In conformity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, Kathy L. Glarner, 167 FollettRoad, Warren 16365, Warren Comty, Twenty-fifth Senatorial Dis­trict, for appointment as a member of the Board of Trustees of War­ren State Hospital, to serve mill the third Tuesday of January 1999,and mill her successor is appointed and qualified, vice R. DennisHetrick, Ph.D., Clarion, whose term expired.

THOMAS J. RIDGEGovernor

MEMBER OF THE BOARD OF TRUSTEESOF WESTERN CEN1ER

December 18, 1995

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, Marie Balm, R. D. #1, Box 78,Indiana 1570I, Indiana County, Forty-flI'St Senatorial District, forappointment as a member of the Board of Trustees of Western Center,to serve mtil the third Tuesday of Janumy 200I, and mtil her succes­sor is appointed and qualified, vice Nidia Henderson, Pittsburgh,resigned.

THOMAS J. RIDGEGovernor

Page 9: ~gislatifr£ m.ournalFeb 12, 1996  · The Chaplain, Reverend RUTH WARD HEFLIN, ofCalva ry Camp, Ashland, Virginia, offered the following prayer: Holy are You, 0 Lord, just and righteous

1996 LEGISLATIVE JOURNAL - SENATE 1501

MEMBER OF THE CLEARFIELD COUNTYBOARD OF ASSISTANCE

December 11, 1995

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. Eileen M. Anthony (Republi­can). R. D. ##1. P. O. Box 131. Grampian 16838. Clearfield County,Twenty-fifth Senatorial District, for appointment as a member of theClearfield County Board of Assistance, to serve until December 31.1997, and until her successor is appointed and qualified, vice FrankG. Lucas, Irvona, whose tenn expired.

mOMAS 1. RIDGEGovernor

MEMBER OF THE FRANKLIN COUNTYBOARD OF ASSISTANCE

December 11, 1995

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 W. Frame, ill (NotRegistered), 1137 South Fourth Street, Chambersbmg 1720I, FmnldinCounty, Thirty-third Senatorial District, for appointment as a memberof the Franklin County Board of Assistance, to serve until December31, 1996. and until his successor is appointed and qualified, vicePamela H. Heisey, Upper Strasbwg, whose tenn expired.

mOMAS 1. RIDGEGovernor

MEMBER OF THE NORTHUMBERLAND COUNTYBOARD OF ASSISTANCE

November 6, 1995

To the Honorable, the Senate of the Commonwealth ofPennsylvania:

In confonnity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, Thomas M. Culver (Republi­can), 217 Walnut Street, Sunbury 1780I, Northumberland County,Twenty-seventh Senatorial District, for appointment as a member ofthe Northumberland County Board of Assistance, to serve until De­cember 31, 1997, and until his successor is appointed and qualified,vice Lloyd W. Baysore, Watc;ontown, whose tenn expired.

mOMAS 1. RIDGEGovernor

MEMBER OF THE YORK COUNTYBOARD OF ASSISTANCE

January 2, 1996

To the Honorable, the Senate of the Commonwealth ofPennsylvania:

In confonnity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, Kay M. Trebatoski (Democmt),1955 Trolley Road, Yolk 17404, Yolk County, Twenly~th Senato­rial District, for appointment as a member of the Yolk County Boardof Assistance, to serve until December 31, 1998, and until her succes-

sor is appointed and qualified, vice Jack Nalven. York, whose tennexpired.

mOMAS J. RIDGEGovernor

On the question,Will the Senate advise and consent to the nominations?

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

YEAS-48

Afflerbach Hart Mellow ShafferAndrezeski Heckler Mowery StapletonAnnstrong . Helfrick Musto StewartBelan Holl Q'Pake StoutBell Hughes Peterson TartaglioneBodack Jones Piccola ThompsonBrightbill Jubelirer Porterfield ntghmanCorman Kasunic Punt TomlinsonDelp LaValle Rhoades U1ianaFisher Lemmond Robbins WagnerGerlach Loeper Salvatore WengerGreenleaf Madigan Schwartz Williams

NAYS-o

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

Ordered, That the Governor be infonned accordingly.

EXECUTIVE SESSION RISES

Senator SALVAlORE. Mr. President, I move that the Exec­utive Session do now rise.

The motion was agreed to.

CALENDAR

BILL ON CONCURRENCE INHOUSE AMENDMENTS AS AMENDED

SENATE CONCURS IN HOUSE AMENDMENTSAS AMENDED

SB 712 (pr. No. 1747) -- The Senate proceeded to consid­eration of the bill, entitled:

An Act amending Title 51 (Military Affairs) of the PennsylvaniaConsolidated Statutes, further providing for the renaming of the De­partment ofMilitary Affairs; providing for the issuance ofcertificatesrelating to release or discharge and for the use or recycling of officesupplies and materials.

On the question,Will the Senate concur in the amendments made by the

House, as amended by the Senate, to Senate Bill No. 712?

Senator LOEPER. Mr. President, I move that the Senate doconcur in the amendments made by the House, as amended bythe Senate, to Senate Bill No. 712.

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

Page 10: ~gislatifr£ m.ournalFeb 12, 1996  · The Chaplain, Reverend RUTH WARD HEFLIN, ofCalva ry Camp, Ashland, Virginia, offered the following prayer: Holy are You, 0 Lord, just and righteous

1502 LEGISLATIVE JOURNAL - SENATE FEBRUARY 12,

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

YEAS-48

Aftlerbach Hart Mellow ShafferAndrezeski Heckler Mowery StapletonAnnstrong Helfrick Musto StewartDelan Holl O'Pake StoutBell Hughes Peterson TartaglioneBodack Jones Piccola ThompsonBrightbill Jubelircr Porterfield TIlghmanConnan Kasunic Punt TomlinsonDelp laValle Rhoades UlianaFisher Lemmond Robbins WagnerGerlach Loeper Salvatore WengerGreenleaf Madigan Schwartz Williams

NAYS--O

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

Ordered, That the SccretaIy of the Senate infonn the Houseof Representatives accordingly.

THIRD CONSIDERATION CALENDAR

BILL REREPORTED FROM COMMITIEE ASAMENDED ON THIRD CONSIDERATION

AND FINAL PASSAGE

sa 801 (pr. No. 1748) -- The Senate proceeded to consid­eration of the bill, entitled:

An Act amending the act of June 2, 1915 (P. L. 762, No. 340),entitled "State Worlanen's 1nslD'ance Fund Law," broadening the StateWoIkmen's Insurance FlDld's permissible coverages; and providing foran investigation of the fmancial integrity and stability of the fund.

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?

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

YEAS---48

Afflerbach Hart Mellow ShafferAndrczeski Heckler Mowery StapletonArmstrong Helfrick Musto StewartBelan Holl O'Pake StoutBell Hughes Peterson TartaglioneBodack Jones Piccola ThompsonBrightbill Jubelircr Porterfield TIlghmanConnan Kasunic Punt TomlinsonDelp LaValle Rhoades UlianaFisher Lemmond Robbins WagnerGerlach Loeper Salvatore WengerGreenleaf Madigan Schwartz Williams

NAYS--o

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

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

BILL ON THIRD CONSIDERATION AMENDED

S8 216 (pr. No. 1541) -- The Senate proceeded to consid­eration of the bill, entitled:

An Act amending Title 75 (Vehicles) of the Pennsylvania Consol­idated Statutes, providing for a motor vehicle theft prevention pro­gram.

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

A5849:

Amend Sec. 1 (Sec. 1798.5), page 2, lines 22 through 28, bystriking out "Whenever any police officer shall see a motor" in line22, all of lines 23 through 28 and inserting: Any motor vehicle dis­playing a decal issued lDlder subsection (a) and operated between thehours of 1 a.m. and 5 a.m. shall be presumed to be operated by aperson other than the registered owner. A police officer who views amotor vehicle displaying such a decal shall have reasonable groundsto believe that a violation of this title has occurred and shall haveauthority to stop the vehicle and

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

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

amended?Senator MELLOW offered the following amendment No.

A0466:

Amend Sec. 1 (Sec. 1798.5), page 2, line 18, by inserting after"OFFICES": participating in the program

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

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

amended?Senator BELL, on behalf of himself and Senator AF­

FLERBACH, offered the following amendment No. A0470:

Amend Title, page 1, line 3, by removing the period after "pro­gram" and inserting: ~ and further providing for protective equipmentfor motorcycle riders.

Amend Bill, page 3, by inserting between lines 6 and 7:Section 2. Section 3525(a), (b) and (d) of Title 75 are amended

to read:§ 3525. Protective equipment for motorcycle riders.

(a) Protective headgear and eye-protective devices.-Except asprovided in subsection (d), no person shall operate or ride upon amotorcycle or a motor-driven cycle (other than a motorized pedal­cycle) lDlless he is wearing protective headgear [which complies] andeye-protective devices which comply with standards established bythe department.

[(b) Eye-protective devices.-Except as provided in subsection(d), no person shall operate or ride upon a motorcycle (other than a

Page 11: ~gislatifr£ m.ournalFeb 12, 1996  · The Chaplain, Reverend RUTH WARD HEFLIN, ofCalva ry Camp, Ashland, Virginia, offered the following prayer: Holy are You, 0 Lord, just and righteous

1996 LEGISLATIVE JOURNAL - SENATE 1503

And the question recurring,W111 the Senate agree to the amendment?

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

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

The PRESIDENT. Senate Bill No. 216 will go over in itsorder as amended.

BILLS OVER IN ORDER

DB 299, SB 317 and SB 708 - Without objection, the billswere passed over in their order at the request of SenatorLOEPER.

BILLS ON 1HIRD CONSIDERATION AMENDED

SB 856 (pr. No. 9(6) - The Senate proceeded to consider­ation of the bill, entitled:

An Act establishing the Prison Medical Services Program withinthe Department of Corrections.

On the question,Will the Senate agree to the bill on third consideration?Senator MELLOW, on behalf of Senator FUMO, offered

the following amendment No. A0525:

Amend Sec. 6, page 3, line 24, by inserting after "the" where itappears the fJrSt time: chairman and minority chairman of the

Amend Sec. 6, page 3, line 25, by inserting after "the" where itappears the fJrSt time: chairman and minority chairman of the

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

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

amended?Senator MELLOW, on behalf of Senator FUMO, offered

the following amendment No. A0463:

Amend Sec. 3, page 2, line 22, by removing the period after"procedures" and inserting: and an initial written notice of theprogram's implementation.

motorized pedalcycle) unless he is wearing an eye-protective deviceof a type approved by the department.]

•••(d) Exception.-The provisions of(subsections (a) and (b)] sub­

section (a) shall not apply to the following:(1) The operator or any occupant of a three-wheeled motor­

cycle equipped with an enclosed cab.(2) A person 21 yealS of age or older who has been licensed

to operate a motorcycle for not less than two full calendar yearsor who has completed a motorcycle rider safety course approvedby the departmentAmend Sec. 2, page 3, line 7, by striking out "2" and inserting:

3

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

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

Senator BELL. Mr. President, I offer this amendment onbehalf of the gentleman from Lehigh, Senator AflleJbach, andmyself.

This is a motorcycle helmet amendment. It will provide, inaddition to being required to wear a helmet while riding cycles,motorcyclists will also, this is not required today, be requiredto wear eye-protective devices. But when a motorcyclist reach­es the age of 21, he is excluded from the necessity of wearinga helmet and eye-protective devices if he has operated a motor­cycle for 2 years or has completed a motorcycle rider safetycourse.

I ask for the adoption of this amendment.The PRESIDENT. The Chair recognizes the gentleman from

Centre, Senator Corman.Senator CORMAN. Mr. President, before we take the vote,

I would just like to share some information, albeit fairly old.It is from 1974-75, but it is the best infonnation I could gather,where a National Highway Traffic Safety Administration studyshowed that fatal or serious head injures are three times greaterfor motorcyclists without a helmet, and similar findings in1975 from the American Association of Automotive Medicineshowed that there was a two-thiIds greater chance of fatal headinjury for cyclists without a helmet.

So I just thought I would like to point out that there seemsto be a great amount of evidence that if people do ride a mo­torcycle without a helmet and do have an accident, there iscertainly a much greater opportunity for a person to have seri­ous injuries. Again, I guess it is for society to decide if wewant a law that would mandate the use of helmets to protectpeople who maybe do not use good common sense to wear ahelmet to protect themselves.

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

Delaware, Senator Bell.Senator BELL. Mr. President, the data furnished to me by

Abate is a little more up to date. After the Feds said they didnot have to wear helmets, Abate, that is the society of peoplewho ride cycles in Pennsylvania, they have given me infonna­tion that there is no higher fatality or injwy rate in those Statesnot requiring helmets than in Pennsylvania.

AfflerbachAndrezeskiBellBrightbillFisherGreenleaf

AnnstrongBelanBodackCormanDelpHeckler

HartHugheslaValleLoeperMadigan

HelfrickHollJubelirerKasunicLemmondMellow

YEAS-21

PorterfieldPuntRhoadesRobbinsSalvatore

NAYS-23

MoweryMustoO'PakePiccolaSchwartzStapleton

ShafferStewartTartaglioneUlianaWenger

StoutThompsonTIlghmanTomlinsonWagner

Page 12: ~gislatifr£ m.ournalFeb 12, 1996  · The Chaplain, Reverend RUTH WARD HEFLIN, ofCalva ry Camp, Ashland, Virginia, offered the following prayer: Holy are You, 0 Lord, just and righteous

1504 LEGISLATIVE JOURNAL - SENATE FEBRUARY 12,

Amend Sec. 4, page 3, by inserting between lines 15 and 16:(5) Providing written notice to all current inmates regarding

implementation of the program.Amend Sec. 6, page 3, line 24, by inserting after "the" where it

appears the fnt time: Appropriations Committee and theAmend Sec. 6, page 3, line 25, by inserting after "the" where it

appears the fnt time: Appropriations Committee and the

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

And the question recurring,Wtll the Senate agree to the bill on third consideration, as

amended?Senator GREENLEAF offered the following amendment

No. A0387:

Amend Sec. 3, page 2, lines 29 and 30; page 3, lines I through5, by striking out "first be used by the depat1rnent for the adminislm­tive" in line 29 and all of line 30, page 2, all of lines 1 through 5,page 3 and inserting: be deposited in the General Fund.

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

its order at the request of Senator LOEPER.

S8 1083 (pro No. 1727) - The Senate proceeded to consid­eration of the bill, entitled:

An Act authorizing Commonwealth and municipal governmententities to enter into guaranteed energy savings contracts.

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

A0488:

Amend Title, page t, line t, by striking out "and municipal gov­ernment"

Amend Title, page I, line I, by inserting after "entities": , politi­cal subdivisions and authorities organized by the Commonwealth orone or more political subdivisions

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

its order at the request of Senator LOEPER.

S8 1251 (pro No. 1746) - The Senate proceeded to consid­eration of the bill, entitled:

An Act amending the act of April 9, 1929 (p. L. 177, No. 175),entitled "The Administrative Code of 1929," tmnsferring the ScotlandSchool for Veterans' Children from the Department of Education tothe Depm1ment of Military and Veterans Affairs; and making editorialchanges.

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

A0524:

Amend Sec. 3, page 4, line 2, by striking out "VETERANS" andinserting: Veterans'

Amend Sec. 4, page 5, line 8, by inserting after "service": orother

Amend Sec. 4, page 5, line 9, by inserting after "act": who holdpositions which are included in civil service but

Amend Sec. 4, page 5, lines 13 through 19, by striking out all ofsaid lines and inserting:

(e) Notwithstanding the transfer of the Scotland School forVeterans' Children ftom the Department of Education to the Depart­ment of Military and Veterans Affairs under this act, section 1926 ofthe act of March 10, 1949 (p.L.30, No.14), known as the PublicSchool Code of 1949, shall remain in full force and effect insofar asit relates to teachers at the Scotland School for Veterans' Children.

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

its order at the request of Senator LOEPER.

BILL OVER IN ORDER

S8 1352 -- Without objection, the bill was passed over inits order at the request of Senator LOEPER.

BILL ON lHIRD CONSIDERATIONAND FINAL PASSAGE

S8 1371 (pro No. 1733) - The Senate proceeded to consid­eration of the bill, entitled:

An Act amending the act of June 10, 1982 (p. L. 454, No. 133),entitled "An act protecting agricultural operations ftom nuisance suitsand otdinances· under certain circumstances," providing for the use ofcustomary agricultural equipment.

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?

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

YEAS-48

Afflerbach Hart Mellow ShafferAndrezeski Heckler Mowery StapletonArmstrong Helfrick Musto StewartBelan Holl O'Pake StoutBell Hughes Peterson TartaglioneBodack Jones Piccola ThompsonBrightbill Jubelirer Porterfield TilghmanCorman Kasunic Punt TomlinsonDelp laValle Rhoades U1ianaFisher Lemmond Robbins WagnerGerlach Loeper Salvatore WengerGreenleaf Madigan Schwartz Williams

NAYS-o

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

Page 13: ~gislatifr£ m.ournalFeb 12, 1996  · The Chaplain, Reverend RUTH WARD HEFLIN, ofCalva ry Camp, Ashland, Virginia, offered the following prayer: Holy are You, 0 Lord, just and righteous

1996 LEGISLATIVE JOURNAL - SENATE 1505

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

BILLS OVER IN ORDER

DB 1578, DB 1927 and DB 2066 - Without objection, thebills were passed over in their order at the request of SenatorLOEPER.

RECESS

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

Senator LOEPER. Mr. President, I ask for a very brief re­cess of the Senate for the purpose of a meeting of the Commit­tee on ~ules and Executive Nominations to be held in theRules room at the rear of the Senate Chamber.

The PRESIDENT. For the purpose of a meeting of theCommittee on Rules and Executive Nominations, the Senatewill stand in recess.

AFTER RECESS

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

COMMUNICATION FROM THE GOVERNORREPORTED FROM COMMITTEE ON RULES

AND EXECUTIVE NOMINATIONS

Senator SALVATORE, from the Committee on Rules andExecutive Nominations, reported a communication from HisExcellency, the Governor of the Commonwealth, recalling thefollowing nomination, which was read by the Clerk as fonows:

MEMBER OF THE STATE BOARDOF PODIATRY

February 6, 1996

To the Honorable, the Senate of the Commonwealth ofPennsyIvania:

In accordance with the power and authority vested in me as Gov­ernor of the Commonwealth, I do hereby recall my nomination datedJanumy 23, 1996 for the appoin1rncnt of Fritz Bittenbender, 264 BoasStreet, Harrisburg 17102, Dauphin County, Fiftccnth Senatorial Dis­trict, as a member of the State Board of Podiatry, to serve for a termof four years or Wltil his successor is appointed and qualified, but notlonger than six months beyond that period, vice Thomas Coleman,M.D., Carbondale, whose term expired.

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

TIIOMAS 1. RIDGEGovernor

NOMINATION RETURNED TO THE GOVERNOR

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

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

Governor.

REPORT FROM COMMITTEE ONRULES AND EXECUTIVE NOMINATIONS

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

MEMBER OF THE STATE HARNESSRACING COMMISSION

Januaty 16, 1996

To the Honorable, the Senate of the Commonwealth ofPennsylvania:

In conformity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, GeOlge Patterson, 455 FairwayDrive, Camp Hill 17011, Cumberland County, Thirty-first SenatorialDistrict, for appointment as a member of the State Harness RacingCommission, to seJVe for a term of three years and until his successoris appointed and qualified, but not longer than six months beyond thatperiod, vice Rod L. Piatt, Meadow Lands, whose term expired.

mOMAS J. RIDGEGovernor

MEMBER OF THE ADVISORY COMMITTEEON PROBATION

Januaty 18, 1996

To the Honorable, the Senate of the Commonwealth ofPennsylvania:

In conformity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, The Honorable Kenneth G.Biehn, 90 Buttonwood Lane, Doylestown 18901, Bucks County,Tenth Senatorial District, for appointment as a member of 1he Adviso­ry Committee on Probation, to seJVe for a term of four years and untilhis successor is appointed and qualified, but not longer than ninetydays beyond that period, vice Hon. Vincent A. Cirillo, Narberth,whose term expired.

mOMAS J. RIDGEGovernor

MEMBER OF THE STATE EMPLOYEES'RETIREMENT BOARD

Januaty 19, 1996

To the Honorable, the Senate of the Commonwealth ofPennsylvania:

In conformity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, The Honorable M. JosephRocks, 720 Manatawna Avenue, Philadelphia 19128, PhiladelphiaCounty, Seventh Senatorial District, for appointment as a member ofthe State Employees' Retirement Board, to serve for a term of fouryears and until his successor is appointed and qualified, vice Charles1. Liebcrth, Pittsburgh, whose term expired.

mOMAS J. RIDGEGovernor

Page 14: ~gislatifr£ m.ournalFeb 12, 1996  · The Chaplain, Reverend RUTH WARD HEFLIN, ofCalva ry Camp, Ashland, Virginia, offered the following prayer: Holy are You, 0 Lord, just and righteous

1506 LEGISLATIVE JOURNAL - SENATE FEBRUARY 12,

mEASURER, CLINTON COUNlY

Janwuy 11, 1996

To the Honorable, the Senate of the Commonwealth ofPennsylvania:

In confonnity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, Patricia A. Edwards, R. D. #1,Box 223, Mill Hall 17751, Clinton County, Thirty-fourth SenatorialDistrict, for appointment as Treasurer, in and for the County of Clin­ton, to serve until the flI'St Monday of January 1998, vice Lee Mar­shall, resigned.

THOMAS J. RIDGEGovernor

NOMINATIONS LAID ON THE TABLE

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

The PRESIDENT. The nominations will be laid on thetable.

CONSIDERATION OF CALENDAR RESUMED

SECOND CONSIDERATION CALENDAR

Bll.L ON SECOND CONSIDERATION, AMENDED

SB 6 (pr. No. 1696) -- The Senate proceeded to consider­ation of the bill, entitled:

An Act amending the act of August 15, 1961 (P. L. 987, No.442), entitled "Pennsylvania Prevailing Wage Act," excluding schooldistricts and other political subdivisions from the act; authorizing op­tional prevailing wage ordinances; and making repeals.

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

A0491 and, if agreed to, asked that the bill be considered forthe second time:

Amend Title, page 1, line 11, by striking out "SCHOOL DIS­TRICTS AND OTHER"

Amend Sec. 1 (Sec. 2), page 2, line 20, by striking out"SCHOOL DISTRICT OR OTHER"

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

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

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

ation.

BILLS OVER IN ORDER

DB 47, SB 78, SB 394, S8 489 and DB 497 - Without ob­jection, the bills were passed over in their order at the requestof Senator LOEPER.

Bll.LS ON SECOND CONSIDERATION

SB 562 (pr. No.~ - The Senate proceeded to consider­ation of the bill, entitled:

An Act amending Title 18 (Crimes and Offenses) of the Pennsyl­vania Consolidated Statutes, prohibiting the criminal use of communi­cation facilities.

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

ation.

SB 563 (pr. No. 587) - The Senate proceeded to consider­ation of the bill, entitled:

An Act amending Title 42 (Judiciary and Judicial Procedure) ofthe Pennsylvania Consolidated Statutes, regulating testimony of defen­dants as to other offenses.

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

ation.

Bll.LS REREFERRED

SB 1038 (pr. No. 1749) - The Senate proceeded to consid­eration of the bill, entitled:

An Act amending the act of June 18, 1974 (p. L. 359, No. 120),entitled "Municipal Police Education and Training Law," ftuther pro­viding for defmitions, for training and for automatic certification.

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

SB 1044 (pr. No. 1154) - The Senate proceeded to consid­eration of the bill, entitled:

An Act amending Title 71 (State Government) of the Pennsylva­nia Consolidated Statutes, further providing an employer contributionrate for members of an independent retirement system and for credit­able nonstate service.

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

Bll.LS ON SECOND CONSIDERATION

SB 1171 (pr. No. 1368) - The Senate proceeded to consid­eration of the bill, entitled:

An Act amending Title 42 (Judiciary and Judicial Procedure) ofthe Pennsylvania Consolidated Statutes, ftuther providing for otheroffenses.

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

ation.

SB 1172 (pr. No. 1369) - The Senate proceeded to consid­eration of the bill, entitled:

An Act amending Title 18 (Crimes and Offenses) of the Pennsyl­vania Consolidated Statutes, ftuther providing for corrupt organiza­tions.

Page 15: ~gislatifr£ m.ournalFeb 12, 1996  · The Chaplain, Reverend RUTH WARD HEFLIN, ofCalva ry Camp, Ashland, Virginia, offered the following prayer: Holy are You, 0 Lord, just and righteous

1996 LEGISLATIVE JOURNAL - SENATE 1507

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

ation.

BILL OVER IN ORDER

SB 1220 -- Without objection, the bill was passed over inits order at the request of Senator LOEPER.

BILL ON SECOND CONSIDERATION, AMENDED

SB 1322 (pr. No. 1693) - The Senate proceeded to consid­eration of the bill, entitled:

An Act amending Title 42 (Judiciary and Judicial Procedure) ofthe Pennsylvania Consolidated Statutes, reenacting and amendingprovisions relating to child victims and witnesses.

On the question,Will the Senate agree to the bill on second consideration?Senator GREENLEAF offered the following amendment

No. A0348 and, if agreed to, asked that the bill be consideredfor the second time:

Amend Sec. 2 (Sec. 5982), page 2, line 9, by inserting bracketsbefore and after "14" and inserting immediately thereafter: .!.Q.

Amend Sec. 3 (Sec. 5984), page 3, lines 28 through 30; page 4,line I, by striking out "IN THE PARTICULAR CASE BEFORE TIffiCOURT 'nm ClllLD" in line 28, all of lines 29 and 30, page 3 and"IT WOULD BE DIFFICULT FOR 11lli ClllLD" in line I, page 4and inserting: because of significant trauma and emotional distress, itwould be reasonably likely to make the child unable

Amend Sec. 3 (Sec. 5984), page 4, line 12, by inserting bracketsbefore and after the comma after "equipment" and inserting immedi­ately thereafter: and

Amend Sec. 3 (Sec. 5984), page 4, line 12, by inserting a bracketbefore "and"

Amend Sec. 3 (Sec. 5984), page 4, lines 12 and 13, by strikingout", WHERE APPROPRIATE. 11lli COURT MAY ALLOW"

Amend Sec. 3 (Sec. 5984), page 4, line 16, by inserting a bracketafter "services),"

Amend Sec. 3 (Sec. 5984), page 4, line 17, by inserting after"deposition.": Where appropriate, the court may allow any personwhose presence would contribute to the welfare and well-being of thechild. including persons designated under section 5983 (relating torights and sCIVices), to be present in the room with the child.

Amend Sec. 3 (Sec. 5985), page 5, lines 7 through 10, by strikingout "IN 11lli PARTICULAR CASE BEFORE 11lli COURT 11lliClllLD" in line 7, all of lines 8 and 9 and "IT WOULD BE DIFFI­CULT FOR TIm CHILD" in line 10 and inserting: because of signifi­cant trauma and emotional distress. it would be reasonably likely tomake the child unable

Amend Sec. 3 (Sec. 5985), page 5, line 14, by inserting bracketsbefore and after the comma after "judge" and inserting immediatelythereafter: and

Amend Sec. 3 (Sec. 5985), page 5, line 14, by inserting a bracketbefore "and"

Amend Sec. 3 (Sec. 5985), page 5, lines 14 and 15, by strikingout ", WHERE APPROPRIATE, 11lli COURT MAY ALLOW"

Amend Sec. 3 (Sec. 5985), page 5, line 18, by inserting a bracketafter "services),"

Amend Sec. 3 (Sec. 5985), page 5, line 19, by inserting after"testimony.": Where appropriate, the court may allow any personwhose presence would contribute to the welfare and well-being of thechild, including persons designated under section 5983 (relating torights and services), to be present in the room with the child.

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

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

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

ation.BILLS OVER IN ORDER

SB 1325, SB 1332, SB 1344, SB 1345, SB 1346, SB 1347,SB 1348, SB 1353, SB 1374, HB 1571 and HB 1973 - With­out objection, the bills were passed over in their order at therequest of Senator LOEPER.

UNFINISHED BUSINESSREPORTS FROM COMMITTEE

Senator LOEPER from the Committee on Rules and Execu­tive Nominations, reported the following bills:

SB 831 (pr. No. 1770) (Amended) (Rereported)

An Act amending the act of December 17, 1968 (P. L. 1224, No.387), entitled "Unfair Trade Practices and Consmner Protection Law,"providing protection for dog purchaser, imposing duties on the Attor­ney General; and providing for records and for penalties.

DB 272 (pr. No. 2726) (Rereported) (Concurrence)

An Act amending the act of April 9, 1929 (p. L. 177, No. 175),known as The Administmtive Code of 1929, providing for tmnsfer ofgeneral fund surplus, for tree harvesting practices, for regulation ofemployment agencies, for an investigation of the fmancial integrityand stability of the State Workmen's Insurance Fund, for dispositionof surplus property and for appeals ofcertificate ofneed applicationsand health care licensure o~ transferring ftmctions of the Pennsyl­vania Energy Office and extending provisions; and making repeals.

CONGRATULATORY RESOLUTIONS

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

Congratulations of the Senate were extended to Mr. andMrs. Harold Wagner, Mr. and Mrs. Charles W. Millhouse andto Mr. and Mrs. Peter Mazzarese by Senator Armstrong.

Congratulations of the Senate were extended to Mr. andMrs. Edmund Jefferson by Senator Belan.

Congratulations of the Senate were extended to DorothySchultz by Senator Bell.

Congratulations of the Senate were extended to Mr. andMrs. Eugene BUIkepile and to Mr. and Mrs. Nonnan Lucas bySenator Corman.

Congratulations of the Senate were extended to Mr. andMrs. George Scbmalenberger and to Brian S. Oplinger bySenator Greenleaf.

Congratulations of the Senate were extended to Mr. andMrs. Joseph Bogetti, Mr. and Mrs. 1. WIlbur Eckroth, Mr. andMrs. Dominick A. Oshman, Mr. and Mrs. George M. Lutz,Mr. and Mrs. Lloyd Tressler, Mr. and Mrs. Merlin L. Wiseand to Jolene Gensel by Senator Helfrick.

Page 16: ~gislatifr£ m.ournalFeb 12, 1996  · The Chaplain, Reverend RUTH WARD HEFLIN, ofCalva ry Camp, Ashland, Virginia, offered the following prayer: Holy are You, 0 Lord, just and righteous

1508 LEGISLATIVE JOURNAL - SENATE FEBRUARY 12,

Congratulations of the Senate were extended to the LansdaleCommunity Concert Association by Senator Holl.

Congratulations of the Senate were extended to Reverendand Mrs. William A. Scott, Mr. and Mrs. Edward Fombacher,Mr. and Mrs. Frank Ernest, Mr. and Mrs. Merle Grossman,Mr. and Mrs. Raymond Neil, Mr. and Mrs. Charles Nau, Mr.and Mrs. Jim Cameron, Mr. and Mrs. Lee Richards, Mr. andMrs. Robert F. Wiley, Mr. and Mrs. Cecil Cisney, Mr. andMIs. James E. Stuart, Mr. and MIs. WIlliam Miner and to Mr.and Mrs. Joseph F. Strasser by Senator Jubelirer.

Congratulations of the Senate were extended to DeWayneS. Coddington and to Anne L. Pantalo by Senator Kasunic.

Congratulations of the Senate were extended to Arthur L.Piccone by Senator Lemmond.

Congratulations of the Senate were extended to the Dela­ware River Power Squadron by Senators Loeper and Bell.

Congratulations of the Senate were extended to Mr. andMIs. Robert M. Ault, Mr. and Mrs. Jack A. DiMalco, Mr. andMrs. William K. Dunlap, Mr. and Mrs. John Alexander, Flor­ence Capcara, William C. Hutchison, Ethel Marion SheridanPeard, ColpOral Thomas D. West and to Jon Johnson by Sena­tor Madigan.

Congratulations of the Senate were extended to Major RalphGalicki by Senator Musto.

Congratulations of the Senate were extended to Mr. andMIs. Joseph M. Martin, Mr. and Mrs. Rudy Roscoe and to Mr.and Mrs. Quinto Martin by Senator Porterfield.

Congratulations of the Senate were extended to Kenneth E.Wolford by Senator Punt.

Congratulations of the Senate were extended to ChristopherMichael Shadle by Senator Rhoades.

Congratulations of the Senate were extended to Boy ScoutTroop 33 of Edgehill by Senator Schwartz.

Congratulations of the Senate were extended to Mr. andMrs. Arthur F. Double, Mr. and Mrs. Howard 1. Fair and toCub Scout Pack 55 by Senator Shaffer.

Congratulations of the Senate were extended to Mr. andMrs. Wayne Stear and to Matthew Miller by Senator Stapleton

Congratulations of the Senate were extended to Mr. andMIs. John Heckman and to Mr. and Mrs. Julius Lis by SenatorStout.

Congratulations of the Senate were extended to DavidStampfli and to John F. Grauch V by Senator Thompson.

Congratulations of the Senate were extended to George F.Sarver, Jr., by Senator Wagner.

CONDOLENCE RESOLUTION

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 Louise P. Martucci by Senator Uliana.

PETITIONS AND REMONSTRANCES

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

Senator BODACK. Mr. President, last Tuesday GovernorRidge unveiled what he described as a budget for the 21stcentwy, but as one of Pennsylvania's daily newspapers, a ma­jor newspaper here in the State, the Philadelphia Daily News,said, if this is Governor Ridge's idea for progress in the 21stcentwy, then we should "stop the world, we want to get off­or at least out of Pennsylvania."

The key problem, Mr. President, seems to me to be thatwhile Governor Ridge would like all Pennsylvanians to thinkthat he is accomplishing more with less, the fact is that thisbudget does much less with less. And the adverse impact ofthis budget, if enacted as the Governor has outlined, will bequite severe. In particular, Mr. President, while there is anarray of funding shortfalls in this budget, I am concerned aboutthe Governor's call to eliminate Medical Assistance coveragefor as many as 157,000 poor people in this Commonwealth.This is aimed primarily at single adults without dependentchildren, and this cut, nonetheless, is the epitome of beingpenny-wise and pound-foolish, not to say that it ismean-spirited. Most of these people have already been ban­ished from receiving any cash assistance, and now this Gover­nor, with the latest beat-up-on-the-poor-among-us scheme,wants these same people, many of whom have been forced totake substandard minimum wage jobs without health care, tolose their Medical Assistance coverage as well.

Mr. President, while I will grant you that jumping on thewelfare cut bandwagon may seem to be politically popular forthe moment, the impact of this Medical Assistance reductionhas vel)', vel)' far-reaching consequences. For poor people, Mr.President, it means, as the Philadelphia Inquirer noted, "Somewill manage OK, many will suffer, some will die." For most,it will mean that they will not get the preventive care that theyneed, but instead they will end up in an expensive emergencyroom, in settings that they can hardly afford even if they hada job and something to rely on when they really get sick, andother people will be called upon to pay for it.

But beyond the incalculable costs in tenos of hwnan suffer­ing, the economic costs of the Governor's proposal are quiteenormous. As noted in editorial comments around this State,the Governor pUlpOrted that Medicaid budget savings will sendmedical bills and insurance premiums for businesses and em­ployed and insured Pennsylvanians through the roof. Some ofthe costs for nonpaying patients will be shifted to those whodo pay in the form of higher premiums. By and large, thebiggest cost of the Governor's so-called savings will come atthe expense of hospitals throughout our State, many of whichwill be forced to cut comers on the level of care. Many ofthese hospitals will simply go bankrupt and close their doors.

Now, in my district in Pittsburgh, the impact of theGovernor's proposal would be at least devastating. Most of theregion's major hospitals in western Pennsylvania, which includePresbyterian Hospital and other university-related hospitals ­Mercy Hospital, Allegheny General Hospital, St. FrancisHospital, St MaIgaret, West Penn, Children's, Magee Women'sHospital, Divine Providence, Central Medical Pavilion, andFoIbes Health Systems, are all in my senatorial district. Thesehealth care institutions employ tens of thousands of our people.

Page 17: ~gislatifr£ m.ournalFeb 12, 1996  · The Chaplain, Reverend RUTH WARD HEFLIN, ofCalva ry Camp, Ashland, Virginia, offered the following prayer: Holy are You, 0 Lord, just and righteous

1996 LEGISLATIVE JOURNAL - SENATE 1509

They are a major part of the Pittsburgh regional economy. Notonly will the Governor's proposal eliminate health insurancecovemge for the poorest of our citizens, it will shift the cost tobusinesses and working Pennsylvanians who have insumnce,but the Governor's proposal could throw hundreds, if notthousands, of health care workers out of work.

According to preliminary estimates, at least 15,000 Alleghe­ny County citizens will lose Medical Assistance covemge inthe initial phase of the Governor's cuts. That dramatic cutmeans that in addition to people who need care and are notgetting it, the loss of financial reimbursement for Pittsburgharea hospitals will be tremendous. Statewide, the reimburse­ment loss for our hospitals is now estimated at a staggering$383 million.

As I said, Mr. President, this is penny-wise andpound-foolish. There are no savings here, but the costs will bepaid. I would say, Mr. President, what this is going to do isprecipitate quite a msh of poor people who cannot take care oftheir hospital bills, who are going to take a quarter in theirhand, lie down on a crowded sidewalk someplace, and ask thefirst person who comes up to them to offer assistance to makea phone call, and give them the quarter, to call an emergencymedical team or the local police to deliver them to the hospitalemergency room, and they will not be refused. That is what isgoing to happen, Mr. President. The costs that come to thepeople of Pennsylvania in terms of unnecessaIy human suffer­ing, in terms of hospitals going belly up, health workers losingtheir jobs, higher insurnnce premiums for businesses, and thosewho are lucky enough to still have insumnce, are a furthererosion of our already flat economy.

In his budget address, the Governor talked about commonsense. In my view, Mr. President, this is not common sensebecause this does not make sense. It does not make dollarsense, it does not make common sense.

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

Erie, Senator Andrezeski.Senator ANDREZESKI. Mr. President, we have seen the

introduction in Pennsylvania of what we have come to charac­terize as a very mean-spirited budget, a budget that is verymean-spirited in how it treats working poor, how it treats chil­dren, and how it treats those who have no other place to tumwhen they need medical covemge. Mr. President, we have adual thing happening in government because we now have aRepublican-eontrolled Congress in Washington that is deter­mined to pass on to the citizens of Pennsylvania even moredespair, even more hurt, even more heartache, and, yes, forsome even death. Mr. President, Medicare has been the debate.It has been the subject of much maneuvering, much wranglingin Washington over the past year. The outcome of that debate,is going to have a very profound effect on the lives of 37 mil­lion older Americans, including 2.5 million older Pennsylvani­ans and the families who love them.

In Pennsylvania, our Secretary of Aging recently issued awarning about possible changes in the Medicare progmrn. TheSecretary of Aging in Pennsylvania, Secretary Browdie, saidthat any change in Medicare would have a very powerful effect

on the doctors, the hospitals, and the agencies that provide careto millions of older Pennsylvanians. He said that older Penn­sylvanians would certainly feel a ripple effect from any chang­es in the Medicare program. Mr. President, that is like MayorReed warning the residents of Harrisburg that they would cer­tainly feel a ripple effect from the flood of 1996.

Republicans in Congress, in Washington, are trying to C31Vea $270 billion item, slice of the pie, out of Medicare. That$270 billion cut leads to two inescapable conclusions. First,Republicans are going way beyond what anyone believes isnecessary to make Medicare fully solvent in the next century.Second, there is no way to make cuts of that magnitude with­out hurting real people, without hurting the same senior citi­zens who built this countIy and made it great These cuts willcost older Pennsylvanians $6,700 per person over a 7-yearperiod. Now, if they do not pay through higher premiums,older Pennsylvanians will pay in terms of inadequate care andmore sickness and more disease.

And, Mr. President, why are the Republicans in Congresswilling to renege on Medicare's contract with older Americans?Why are they so willing and so eager to cut Medicare? I willtell you why. Because the Republican budget includes one bigfat tax break for the wealthiest Americans, $245 billion in taxgiveaways that give the richest 1.1 million Americans a cool$20,000 windfall every year. Without their Medicare cuts, theRepublicans simply do not have the money to pay for their taxcut.

We went through the 1980s where we doubled or tripled thedeficit here in the United States with this economic theory: Ifonly we cut taxes at the top, we will have this trickle-downeconomy and people at the bottom will be able to benefit.Well, it is now the 1990s and I have not seen a whole lot ofbenefit for people on the bottom But now we are in the 1990sand we have a better way to do this. Let us take a whack outof senior citizens. Let us put them back where they might havebeen 30 years ago. I do not think they are trying to save Medi­care. I think this is a big lie. And I think senior citizens inPennsylvania, senior citizens in America, know better. A cutin funding is still a cut in funding, and a mean-spirited moveto hurt older Americans so that the richest of the rich can geteven richer is not fair.

Mr. President, I think actions speak louder than words, andI think a record speaks louder than rhetoric. For the Republi­cans to stand and claim they are trying to save Medicare is likeColonel Sanders saying he is trying to save chickens. You justhave to look at the record and remember that 93 percent of theHouse Republicans voted against the creation of Medicare in1965. Republicans criticized Medicare as socialized medicineand instead tried to pass a voluntaJy program with no guaran­teed benefits or financing. Before Medicare existed, less thanhalf of all seniors had health care covemge, compared to 99percent today.

Mr. President, I do not usually agree with House SpeakerNewt Gingrich, but I do agree with him on one thing: This istruly an historic action by a Republican Congress. It is historicbecause it will go down in history as a year that Republicansin Washington turned their backs on 37 million older Ameri-

Page 18: ~gislatifr£ m.ournalFeb 12, 1996  · The Chaplain, Reverend RUTH WARD HEFLIN, ofCalva ry Camp, Ashland, Virginia, offered the following prayer: Holy are You, 0 Lord, just and righteous

1510 LEGISLATIVE JOURNAL - SENATE FEBRUARY 12,

cans, including 2.5 million older Pennsylvanians and the fami­lies who love them

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

Blair, Senator Jubelirer.The PRESIDENT pro tempore. Mr. President~ I certainly

had no intention of returning to this floor since the Sessionwas over, but as I listened to the remarks by the gentlemanfrom Erie~ Senator Andrezeski, I felt compelled to come backbecause I realize we are now in the political season as candi­dates file their petitions for office~ and that day ends tomorrowat 5 o'clock. But, Mr. President, I believe I at least need to setthe record straight. Ifwe are going to mgue and debate Federalpolicies on the floor of the Pennsylvania Senate~ so be it, butI think we should at least set the record straight.

To suggest, Mr. Presiden~ that the Republican Congress istrying to cut Medicare is a blatant falsehood. There is no otherway to put it. Republicans are not trying to cut Medicare at all.In fac~ under the Republican plan, every senior citizen whoqualifies for Medicare in the year 2002 will be getting $2~100

more per person than they are now getting in Medicare. Isthere an attempt to keep the increase in Medicare down? Youbet there is, Mr. President, because if they did not keep itdown, there would be no Medicare.

To suggest that the responsible thing is to keep on spending,spending, and spending, is not the plan of the American Asso­ciation of Retired Persons any more than it is of any otherresponsible person in Washington. If one looks at the figures,if one takes the time to examine exactly what the whole Medi­care situation is here-I see the chainnan of the Committee onPublic Health and Welfare here and perhaps he intends torespond as well--one would find that the remarks by SenatorAndrezeski were just woefully inaccurate. Mr. President~ it isvery important to Republicans and Democrats alike that Medi­care be strengthened~ that Medicare be maintained~ that thefuture of Medicare be available for every senior citizen, notjust the senior citizens today~ but those who are fortunateenough to become senior citizens tomorrow and the next dayand the next day and the next month and the next year, be­cause, frankly, if the continued spending of the previous Dem­ocratic Congresses would have continued and there would havebeen nothing to stop them, there would be no Medicare. It tookan historic Congress to come up with a plan to begin to framethe debate~ Mr. President, to frame the debate to stop the hugespending excesses that were going on in our nation's Capitol,that were going to, frankly~ be a cruel, cruel hoax on seniorcitizens and retired people in the future.

Mr. President~ maybe things are not perfect in Washingtonand maybe they are not perfect in Harrisburg, but I think atleast there is a responsibility to try to do the right thing. Tosuggest that Medicare is being cut is absolutely false. There isno other way to put it. It is false. TItat is not true. Sure, it iseasy to go out and scare senior citizens and frighten them be­cause maybe that is the way to get them to vote for a differentparty next year after the mandate and the landslide of 1994when the American people came forth and said, we do notwant to go this direction anymore, we do not want the kind of

leadership that was being provided in Washington, and theydecided to change. And frankly~ if my party does not do theright thing, they will change again

But one thing is for sure, Mr. President, regardless of whichparty is in charge in Washington in January of 1997, the intentto cwb the excess spending is there. The President of the Unit­ed States said the day of big government is over. We are de­lighted to have Bill Clinton acknowledge that the day of biggovernment is over and join with governors across this nation,including Pennsylvania's Governor Tom Ridge, in recognizingthat we must control spending, that we cannot keep raisingtaxes, that we cannot keep feeding and feeding and feeding agovernment that will spend~ spend~ and spend.

And the worst that can happen, the cruelest thing that canhappen, would be the harm that would be done to our nation'smost vulnerable~ senior citizens who depend on that. And forSenator Andrezeski to come up with those kinds of facts,which are absolutely not tme~ Mr. President, is something thatneeds to be corrected for the record, and anybody who wantsto check the record can, fine. They are not that far apart inWashington, Mr. President. They really are not. Yes, we are ina political year and there is political maneuvering going on, butby Republicans and Democrats alike, and I was there and Italked to them and I talked to leadership of both parties thispast week~ and I understood what was going on and I recog­nized the political landscape, but let me tell yo~ Mr. President,there is nobody who does not believe that there needs to be ascreeching halt to the excesses that have been going on for toomany years in the past.

Mr. President, I think the record needs to be clear, and I feltvery compelled to come to this floor and set the recordstraight.

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

Lackawanna~ Senator Mellow.Senator MELLOW. Mr. President, my, my, oh my, how a

speech can get the juices flowing in this Chamber. I did notrealize that we would be as emotional as we are. But apparent­ly the gentleman from Erie, Senator Andrezeski, has hit somesensitive nerve endings on some of my colleagues, especiallythose who have to defend, because of their position, an admin­istration here in Harrisburg who, by and large, is not beingpe«:eived by the public to be doing its job in the best interestsof the people. There is no question in my mind, Mr. President,that nationally the people in this great country of ours are notat all satisfied with the possibility of having cuts in Medicareand cuts in programs for senior citizens.

I know, Mr. President, after reading the editorial commentthis past week, the editorials throughout the State are not toosatisfied with the budget the way it was presented by GovernorRidge, which is the way he wants to almost totally destroypublic education in Pennsylvania, and I did read one commentin the newspaper because it is obvious they are picking up oni~ and they said the budget is mean and lean andmean-spirited. And, Mr. President~ we did not author thoseterms. The budget is a mean-spirited budget, not only here inHarrisburg but equally as important in Washington, because the

Page 19: ~gislatifr£ m.ournalFeb 12, 1996  · The Chaplain, Reverend RUTH WARD HEFLIN, ofCalva ry Camp, Ashland, Virginia, offered the following prayer: Holy are You, 0 Lord, just and righteous

1996 LEGISLATIVE JOURNAL - SENATE 1511

people who can least afford to get injured and hurt are thoseindividuals who will be hurt badly by these proposals, and theindividuals who need it the least, those who need the tax breakthe least, those who are making big time dollars, Mr. President,that I or 2 percent in this countl)' who enjoy more than 40percent of the wealth, they are the ones who stand to benefit,at the expense of the poor people, at the expense of those el­derly people who do need Medicare, and at the expense of thechildren who need the proper type of education.

But, Mr. President, it is important that I speak today be­cause I am not a candidate. I am not running for public office.I guess the reference was made to the fact that SenatorAndrezeski will be a candidate for office this year, and I be­lieve that Senator Andrezeski may have just recently an­nounced his intention to run for reelection. It is the right of all12 million people in this State who are eligible to vote thatthey can make their intention known and they can run for anyoffice that they would like to run for as long as they are quali­fied as an individual to run for that office.

But I am not a candidate and, therefore, perhaps, Mr. Presi­dent, I can speak from a totally different perspective. The gen­tleman from Blair, Senator Jubelirer, for whom I have tremen­dous admiration, stated that it is not true, that Medicare cutsare false, that they will not be cut by the Republican Congressin Washington, and I guess, to Senator Jubelirer's benefit, heprobably truly believes that.

But Senator Jubelirer also said to us last week in the discus­sion that we had on the floor, as a retort back to somethingthat I had said--I realize that we are not in official Sessionright now, we are in Petitions and Remonstrances, and this isa time when we can fully discuss issues--I said last week onthe floor that I thought it was unfortunate that Governor Ridge,who did not have a great deal to say in his budget, talked forseveral minutes, maybe as much as 3 or 4 minutes, about thecondition of workers' compensation in Pennsylvania. And Ifurther went on to point out that as we talk today,· now theGovernor delivered his message a week ago, we still have notseen a proposal, at least it still has not come across my desk,from Governor Ridge to reform workers' compensation inPennsylvania. And I point that out because I believe in myown heart, and I believe the facts will point out, that the Gov­ernor did speak a great deal of time on workers' compensationand what point he was laying to make I am still not aware.

But in Senator Jubelirer's comments on the floor last week,he made the comment that we lost Frito-Lay to Pennsylvaniabecause of workers' compensation. And then it all started to fitin. The Governor had a problem with his economic develop­ment people. For the second time they did not do the job prop­erly. Not only did we lose potentially 7,000 jobs in the city ofPhiladelphia through the Philadelphia Port because theGovernor's economic development people basically fumbledthe ball, but now we find out that the possibility exists that theGovernor's economic development people did the exact samething with regard to Frito-Lay. And I stated on the floor, andmy quote was, "if the truth be known,...Frito-Lay wanted tolocate in York County." That was my quote. And I contendedfurther that the Ridge administration wanted Frito-Lay to locate

in Fmnklin County, in part, quote, because it is part of the dis­trict of "one of the most influential Congressmen in Washing­ton."

And after I concluded my statements, the gentleman fromBlair, Senator Jubelirer, took to the floor and he said that hewould like to tell me, through the P.-esident, that he "was in­volved in the Frito-Lay discussions" himself "because thatsame Congressman was making available to Blair County theopportunity to bring Frito-Lay to Blair County. There wasnever any intent," on the part of Frito-Lay, "to go to YorkCounty, and I had some discussions with them." That is whatSenator Jubelirer said, and I believe what the gentleman stated.

However, the newspaper account does not quite point thatout, and after some reflection on the dialogue that we had lastweek, I believe, and I feel compelled that we have to revisitthe issue and we have to talk about it a little more today, be­cause although it was reported by Members on the floor thatFrito-Lay had no interest in going to Yolk County, it certainlyis being reported by individuals from Yolk County that that, infact, was the case. And I would like to, if I may, refer you tothe article that appeared in the Yolk Daily Record on FeblU81Y8, which was several days after we had the discussion on thefloor, and I am going to read it, and this might take a few mo­ments, Mr. President.

It says, "York County fell out of the running for the newplant in Januaay, said David B. Carver, president of the YorkCounty Industrial Development Corp.

"Carver's group, which has brought heavy hitters such asDynCotp and Starbucks Coffee Co. to the county in the 1990s,worked on the Frito-Lay project for a couple of months, hesaid."

I would have to take at face value then that perhaps theinformation that was given by the administration to Membersof this body that Frito-Lay was not looking at York Countywas inaccurate information and probably misleading on thepart of the Department of Commerce and on the part of theRidge administration. For what reason, Mr. President, I canonly speculate, but I believe it is coming around more andmore as to the reason why the Governor spoke so long onworkers' compensation and why the misleading informationwas given with regard to York.

I think the real issue here is that the Department of Com­merce blew it, and they blew it through the zeal that they hadto bring the plant to Chambersbwg. They wanted that plant togo in Franklin County. They did not want that plant to go inYork County. And when they found out that they botched thedeal, the only way they could cover their backside, their fanny,if you will, was by saying that the reason Frito-Lay is notgoing to come to Pennsylvania is because we have high ratesof workers' compensation. Mr. President, that, as far as theadministration strategy, basically, can be documented.

I produce the next clipping, also dated FeblU3lY 8, 1996. Itsays, "Frito-Lay to buy Eagle Snacks plant. Purchase couldsave workers fired in the Anheuser-Busch shutdown." Andthere is a comment in there by a bureaucrat, an appointee ofthe Ridge administration, and I can appreciate what the womanis saying.

Page 20: ~gislatifr£ m.ournalFeb 12, 1996  · The Chaplain, Reverend RUTH WARD HEFLIN, ofCalva ry Camp, Ashland, Virginia, offered the following prayer: Holy are You, 0 Lord, just and righteous

1512 LEGISLATIVE JOURNAL - SENATE FEBRUARY 12,

''Lym Lawson, a state Commerce Department spokeswom­an, said state officials had met with Frito-Lay representativesand came away with the clear impression that the state'sworkers' compensation costs were a 'significant reason' forrejecting a Chambersburg-area site.

"Lawson noted that Frito-Lay is impressed with the area'swork force. An existing Frito-Lay plant in Williamsport isconsidered one of the company's most productive, she said."This is what Lynn Lawson had to say, Mr. President. And theplot begins to thicken beyond that, because there are otherthings that we should really start to talk about in greater detail.

Mr. President, the next thing that I would like to mention,basically, is what Lawson also had to say, or quote at least, inthe York Daily Record again. Now, this one also is on Febru­my 8, 1996, and it says, "New Frito-Lay plant won't put chipsdown in York County." Lawson said, "Pennsylvania's highworkers' compensation insurance rate was a primuy factor thatworked against the state." Now, that is the second time thatthis woman, whom I do not know, I have never met her, atleast I cannot recall ever meeting the person, that is the secondtime that she has stated that the reason why Frito-Lay is notcoming to Yolk or is not coming to Pennsylvania, the primmyfactor was the high cost of wolkers' compensation, and that iswhat wolked against us.

Well, Mr. President, I have found, and I have looked for itevety way possible, through the media and through differentindividuals from the administration who have come forwardwith this infonnation, and, incidentally, I have found no recordof any clear or direct statement that is credited to anyone fromFrito-Lay even alluding to the fact that wolkers' compensationrates are a major factor in the decision not to locate a distribu­tion center in Pennsylvania.

In fact, Mr. President, the statements that have been madeby Frito-Lay seem to emphasize that there are other concerns,as in the case of statements credited to Mmy Staples, a spokes­person for Frito-Lay, and the source of those statements, again,is the Harrisburg Patriot-News on this particular date. I guesswhen I made those statements on the floor last Tuesday, Iupset some people, and it is obvious that there are people tty­ing to do a double-take based on what I said on the floor.Again, FebnJaJY 8, "Frito-Lay to buy Eagle Snacks plant. Pur­chase could save wolkers fired in Anheuser-Busch shutdown."Two days before, we were told that there was no negotiationtaking place for Yolk County. That was on the 6th. On the 8thit was announced that Frito-Lay was to buy the Eagle Snackplant to save workers potentially fired by Anheuser-Busch inYork County.

Maty Staples, a Frito-Lay spokeswoman, had this to say.Staples said that the company considers various factors beforedeciding on a site. Quote, "'We have very demanding in­frastructure needs,' she noted.

"While acknowledging that Frito-Lay would like to seelower wolkers' compensation rates in Pennsylvania"-and let usbe honest about it, every manufacturer, every corporation,every employer would like to see no rates charged for wolkers'compensation, because it means more on the bottom line-- sowhen she says that while acknowledging that Frito-Lay would

like to see lower wolkers' compensation rates in Pennsylvania,"Staples said the company evaluates its overall costs for a20-year period when looking for a plant site. 'No one factormakes the decision,' she said."

Mr. President, we were led to believe on the floor of thisSenate and by the administration and by the Department ofCommerce that the reason why Frito-Lay was not coming toPennsylvania was purely and simply because they did not likethe high workers' compensation rates in Pennsylvania.

And we are finding out more and more that we have beenmisled, we have been grossly misled on this floor. We weremisled about what is happening with Medicare and with regardto the things that the gentleman from Allegheny, SenatorBodack, said where over 130,OOO-plus people will not be ableto have medical benefits if Tom Ridge's budget passes in June.And if it passes with those provisions in, Mr. President, I as­sure you this: it will pass with Republican votes, because Dem­ocrats will not support such a poorly-thought-out document.

But let us continue, Mr. President, about what I consider tobe the bigger picture right here, and that is the deception andthe misleading of the administration, not by anybody in thisChamber but of that front office and how they have deceivedand are misleading people, and I hope they are listening, be­cause there are many people in Pennsylvania tonight who arelistening to what is taking place here, and they are going tohave the opportunity to know firsthand what some of the prob­lems are right here in Harrisburg. It really continues.

Again, there is no clear-cut direction in the statement fromanyone from Frito-Lay saying that wolkers' compensation wasthe main reason for rejecting the Pennsylvania site. It is simplythe rallying cry of the administration Quite honestly, I wastold by some people from the Department of Commerce thatthey were told the spin to put on the potential loss of Frito-Laywas the fact that wolkers' compensation in Pennsylvania is toohigh.

So, Mr. President, we now come to the next documentationthat we have. Again, Mr. President, it is the Yolk Daily Re­cord, and again it is FebnJaJY 8, because this really hit a verysensitive chord. Dick Boyd, a man whom I do not know, presi­dent of the Yolk-Adams Central Labor Council, is also a mem­ber of that same group, remember when I talked before abouta Mr. Carver who serves with the Yolk County Industrial De­velopment Corporation? Well, it is just quite ironic that thisMr. Dick Boyd, president of the York-Adams Central LaborCouncil, is also a member of that same organization. He said,"...he believes state officials have been using the wolkers' com­p issue as a red herring to deflect from inefficiency on the partof state's economic developers..." to bring this particularfacility to York County.

"He praised Yolk economic developers for their efforts atattempting to bring in Frito-Lay. But he said it appeared to himthat state officials were intent on putting the plant in FranklinCounty to make up for job losses at Lettelkenny Army Depot

"'I understand that, but I think the whole thing became frag­mented and then the state support wasn't there for the Yorkfacility,' Boyd said."

Page 21: ~gislatifr£ m.ournalFeb 12, 1996  · The Chaplain, Reverend RUTH WARD HEFLIN, ofCalva ry Camp, Ashland, Virginia, offered the following prayer: Holy are You, 0 Lord, just and righteous

1996 LEGISLATIVE JOURNAL - SENATE 1513

Mt: President, this is not Mellow saying this, these are justthings that we have been able to ascertain, infonnation that hasflowed from the administration, from some of the people withwhom they confide in the administration, who do not believethat they are doing the job with regard to economic develop­ment It seems to me that the press has caught on, because thePatriot-News article that I am next going to refer to earlieropened up with a sentence that was quite misleading, and thearticle I am going to refer to happened to appear in our clipsagain. And, Mr. President, that article says again that,"Frito-Lay to buy Eagle Snacks plant." And it opens up bysaying, "A week ago, Frito-Lay, Inc. said the high cost ofworkers' compensation insurance in Pennsylvania was one ofthe reasons it decided not to build a manufacturing plant in theChambersburg area."

Now, Mr. President, we are well aware of who made thestatement. It was not Frito-Lay. It was Lynn Lawson from theDepartment of Commerce, because she was ttying to do what­ever she could to cover up the fact that her department,through the economic development, botched the job. In es­sence, Mr. President, they blew it. They did the same thingwith Frito-Lay that they did with Meyer Werft, and instead ofhaving a thousand new jobs coming to York County orChambersburg or any other place in Pennsylvania, again theyfumbled the ball and we are not going to get those jobs. Andthey tried evety way possible to use deception and to be intel­lectually dishonest with people and say that the reason whythey are not coming is because of workers' compensation.

But on that particular evening, the Evening News correctedthe statement. They said, "A week ago, Pennsylvania's highworkers' compensation costs were blamed for Frito-Lay Inc.'sdecision to not build a manufacturing plant in Chambersburg."They were blamed by an administration that did not do theirjob properly in trying to attract the industty. They were notblamed by Frito-Lay, since Frito-Lay already has an operationin Williamsport and is now prepared to open up a manufactur­ing center in York County.

Mr. President, it seems that the administration is set onhighlighting the negatives in Pennsylvania instead of the posi­tives of doing business in Pennsylvania. We know, Mr. Presi­dent, that there are negatives that, mguably, should or could beaddressed. We know there may be negatives with regard toworkers' compensation that should be addressed, but all wehave heanl from the administration is a lot of rhetoric, a lot ofpolitical speechmaking, a lot of posturing in a Joint Sessionthat was carned statewide on television. But, Mr. President, wehave received little substance on behalf of the administrationto bring about potentially what should be done, so that we can,if there are wrongs that must be corrected, correct them.

But, Governor Ridge, harping on negatives is the wrongapproach for the good of all PennsyIvanians. It sends thewrong message, Governor Ridge. It sends the wrong messageto businesses that currently reside here that may want to ex­pand in Pennsylvania. It sends the wrong message, GovernorRidge, to businesses that might be in other States that mightwant to locate here, or perhaps, Governor Ridge, since we area global economy, it sends the wrong message to the Meyer

Werft organizations of the world that are headquartered inGennany and Europe that wanted to come to the port in Phila­delphia to employ Pennsylvanians to build the ships that theywant to build.

Mr. President, there are those of us who believe that thereis reason to examine the workers' compensation rates in theCommonwealth, but I suggest that there is certainly a verygood reason that we go beyond that and that we examine justhow the economic development and the incentive programs inthis State are being handled by the Department of Commerceand by this administration. Mr. President, the Governor hasnow blown the opportunity of bringing 7,000 jobs with MeyerWerft. He has blown the opportunity to bring in a thousandnew jobs from Frito-Lay into York. And the person I reallyfeel softy for in this, unfortunately, is the Senator from YorkCounty, because it is obvious that he was kept out of the loopin what has taken place here, because he has been very silenton the issue, and I believe he has been silent because he hasnot been kept abreast of what has taken place here.

But we cannot afford another one of Tom Ridge's blownopportunities if we in Pennsylvania are going to tty to reversethe 19,000 jobs that we have lost in the last calendar year. Wereduced business taxes by $282 million last year, and the netresult of that was the loss of 19,000 jobs for Pennsylvanians.This is another indication that the administration does oot haveits act in order. Their act is not in order with regard towolkers' compensation. Their act is oot in order with regard toeconomic development. Their act is not in order with regard tofunding money for education in Pennsylvania Their act is notin order with regard to Medicare problems and how we canbest treat the senior citizens of Pennsylvania and how we canbest treat through the Children's Health Insurance Program,~ the yOlUlg citizens of this great State of oW'S. We cannotafford another blown opportunity by Tom Ridge.

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

Venango, Senator Peterson.Senator PETERSON. Mr. President, I could not help but

come back and rise after the comments were made by thespeaker previous to the one we just heard from when he spokeabout Medicare.

My mother is 78, my mother-in-law is 82, and they are bothdependent on Social Security and Medicare. I help take care ofthem. I know how they feel. And for many years now mymother has been receiving ads in the mail telling her aboutwhat was wrong with Medicare and how, if she would send in$50 or $100, they would fix it, and she did that a few times.I said to her one day, let me read those before you send thatmoney in, and I read them and they were frauds. They wereabsolute frauds, trying to put undue fear in her heart so shewould send them money so they could put it in their pockets.

What we heard here a few minutes ago was worse than thatfraud, because it was not true and it was said by someoneelected to be entrusted with setting policy in this Common­wealth and for the first part being honest with the senior citi­zens of this State. The statements he made about Medicarewere absolutely fraudulent. I am going to explain. If he would

Page 22: ~gislatifr£ m.ournalFeb 12, 1996  · The Chaplain, Reverend RUTH WARD HEFLIN, ofCalva ry Camp, Ashland, Virginia, offered the following prayer: Holy are You, 0 Lord, just and righteous

1514 LEGISLATIVE JOURNAL - SENATE FEBRUARY 12,

like to come back with some facts and some figures, I amwilling to listen Medicare is broken into two parts, part A andpart B. Part A pays our hospital bills and is funded by feesthat are taken out of our wages in the trust fund. There is nopayment by the citizens of this Commonwealth who receivethose benefits, and there are no changes to any of that in theproposals in Washington, except they are cutting what they paysome providers.

Now, if he is here today speaking on behalf of the provid­ers, he did not say that What he said would scare my motherand my mother-in-law and all other seniors that their Medicarewas going to be slashed, that it was rot going to be there as itwas in the past, and that is a bold-faced lie. Part B Medicareis the part that, historically in the beginning, was funded by 50pelCent out of the trust fund and 50 percent in the capay. Nowthat bas changed over the years. The goal of the Republicanplan is to keep the copay at 31 percent, it has dropped down,to not let it erode any further and keep it at 31 percent copay.That is not a cut in benefits. That is the part that pays doctorbills and pays for outpatient care.

And for the Senator to say that Medicare was being cut andslashed, that benefits were being changed, is absolutely abold-faced lie. And I think the senior citizens of this Common­wealth deserve an apology from him until he gets up with thefacts, because those are the facts. The seniors in this State needto trust us. They need to koow that when we speak, we speaktmthfully, and that did rot happen tonight. And I apologize onbehalf of him to the seniors in Pennsylvania that what theyheard was just not the troth.

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

Senator HUGHES. Mr. President, I would just like to, if Ican, try to bring this discussion in some way, shape, or formback to where I think it originally started, which went directlytoward the Governor's budget proposal from this past week,last Thesday. And I am not going to be lengthy about it, but Iam just going to have to state the record for what it is.

Last Tuesday, Governor Ridge offered up a budget to theHouse and the Senate and the people of the Commonwealth ofPennsylvania, a budget that gave another tax cut to the majorcorporations in this Commonwealth, and while doing that theGovernor offered up a budget that cut 133,000 people in Penn­sylvania off of Medical Assistance. If the Governor is success­ful in winning his budget proposal, 133,000 people in Pennsyl­vania will no longer have health care benefits in this Common­wealth. That is not something that is talked about in Washing­ton, D.C. That is not a discussion by Newt Gingrich. That isnot a discussion by Bob Dole. That is not a discussion by BillClinton That is a discussion brought forwanl by the Governorof our Commonwealth.

In addition, while providing tax cuts to the top corporationsin this Commonwealth, the Governor also proposed to cutanother 24,000 people ofT of general assistance. In addition,while the top corporations in this Commonwealth will get an­other opportunity for tax cuts, the Governor has put in hisproposal that if you are so fortunate to have a job, worldng inPennsylvania, paid at the current minimum wage, which is

below poverty level rates, you will also lose your health bene­fits if you are receiving Medical Assistance. Now, that is whathas been offered to us. That is what has been offered to themillions of Pennsylvania citizens to make a decision on, if wewant it or if we do not, major tax cuts for the top corporations,a cut in health care benefits to 133,000 people in this Com­monwealth.

Where will these folks go? We can rehash the discussionthat we put on last week. They will wind up going for theirhealth care in the most expensive health care delivery systemthat exists - the emetgency room at the hospital. Because theirphysicians will not be reimbursed through Medical Assistance,because these 133,000 folks will no longer be able to get bene­fits, to get that assistance, they will have to go to the emetgen­cy room, the most expensive care that can be provided, and theemergency room, by law, is required to provide them care. Wehave to make this discussion plain and not get it caught up inall the other politics going on around us. It bas to be madevery plain so that everyone can understand what is beingthrown at us. They will have to go into the emergency room,expensive care. The hospitals will have to pick up the cost ofthat care, and the only way that those hospitals can find a wayto deal with those costs is by driving everyone else's rates up.So this policy, this program that we are being offered not onlydoes damage to 133,000 people, it also folCes hospitals, if theycan manage to stay in existence, to drive all of the rates up.Well, some will say, let us find everyone jobs. Let us findeverybody work. I mean, there is plenty of work available inthe Commonwealth of Pennsylvania. Who is kidding whom?

If you are fortunate enough to find a job, ifyou are so for­tunate to find a job, more than likely-the statistics will bear allof this out--more than likely this job is at minimum wage orlower levels. If you had a job and you got downsized, whichwas the case of so many of the colpOrations that got last year'stax cut, they fired just about everyone--excuse me, I do notwant to speak in excess here--they fired a whole lot of folks,all right, you probably wound up getting another position, ifyou were fortunate, that paid you 50 pelCent of what you weremaking before. Where are the jobs? McDonald's? BurgerKing? Where are the jobs? And where are the programs thathave at their heart a serious commitment to provide new em­ployment at real wages, and where is Governor Ridge's com­mitment on increasing the minimum wage in the Common­wealth? Where is that? That bill has been in place in the Sen­ate and the House for over a year. How can we provide realwage positions, family sustaining positions, to the people inthis Commonwealth if we choose to pay them $4.25 an hour?

One hundred and thirty-three thousand people in Pennsyl­vania will no longer get health care benefits. There are no jobsfor them. The current job training programs that are availableare inadequate, inadequately funded, and for this particularclass of individuals only has a success rate of barely 55 per­cent. And job training people tell me, job training people tellme that the number of slots available is not consistent with thepressure that they must provide, that they must respond to. Weeven have a legal requirement in all of the contracting that wedo in this Commonwealth, Mr. President, to make sure that a

Page 23: ~gislatifr£ m.ournalFeb 12, 1996  · The Chaplain, Reverend RUTH WARD HEFLIN, ofCalva ry Camp, Ashland, Virginia, offered the following prayer: Holy are You, 0 Lord, just and righteous

1996 LEGISLATIVE JOURNAL - SENATE 1515

significant percentage, or that a significant effort is made toprovide employment out of those contIacts for people who areon the welfare rolls. What is the standard and what is the sta­tus of that commitment? The facts are the facts.

The proposal was laid out there. 133,000 people, no healthcare benefits. They are going to have to pay for them out oftheir own pockets. They do not get general assistance, they donot get any cash assistance. They are going to pay for them outof their own pockets. They get no cash assistance, and if theybave a job, how are they to pay for it at $4.25 an hour? Let usbe real, Mr. President, this program, this proposal that wasprovided to us last Tuesday is mean-spirited, it is wrong, andit is bad public policy. No investment in education, $80 millionmore for prisons, and 133,000 people cut off Medical Assis­tance, and 24,000 more individuals cut off general assistance.Set the record stIaight for the reality that exists for those indi­viduals who no longer will get any help from this Common­wealth. 11mt is the record that we need to be focusing on.

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

Franklin, Senator Punt.Senator PUNT. Mr. President, it boggles me to listen to all

that has been said from my good colleague, the gentlemanfrom Lackawanna, Senator Mellow, regarding the Frito-Layproject. I mean, his district is nowhere near Chambersbwg, andthe project was to be located in my district, in my home coun­ty, in our county seat, and I am not aware of any involvementthat Senator Mellow had with that project. In fact, I can tellyou that with my involvement he has had no exposure or in­volvement with that project. Now, 1 do not know about YorkCounty other than they expressed an interest in the project, aswell as other communities. I do know that Frito-Lay in factwas looking at a number of sites, particularly about six that Irecall from last year. Four of the sites they were looking atdealt with the 1-81 corridor - ChambersbUlg; Martinsburg,West Virginia; Winchester, Virginia; and Lynchburg, Virginia.

I am not aware of anyone saying that the workers' com­pensation cost was the principal and the only component thatled to Frito-Lay in looking elsewhere and not in Pennsylvania.I am aware that that was one of four reasons specified andshared with the team that Pennsylvania kind of lost in therunning. Frito-Lay cited four major factors. One, workers' com­pensation costs. Two, unemployment compensation costs.Three, in looking at other States, a right-to-work or lack of aright-to-work law, and fourth was the infrastructure. RegardingChambersburg, the team effort put forth was, in my opinion,a Herculean effort put together by the private sector, by bor­ough officials, by county officials, State, and, yes, Federal,particularly Congressman Shuster.

I would like to, and I read this in the paper, Public Opinion,which appeared February lOin an article by Brad Bumsted,and it says in the article that "Mellow, in a telephone intetviewFriday, reiterated his chaIge that Republican Gov. Tom Ridge'sadministration tried to steer Frito-Lay away from York Countyto Franklin County...." Now, he bases this on what he has beentold apparently by some unknown anonymous source. I canonly say that a Frito-Lay spokeswoman, Robbie Dietrich, said

that charge is just completely, totally erroneous. WhenFrito-Lay was asked if they felt they were caught in a politicaltug-of-war over York and Franklin County sites in Pennsylva­nia, Robbie Dietrich from Frito-Lay said that is absolutely notwe. And then I just heard a little while ago that Senator Mel­low said that, "The larger issue is whether Ridge's CommerceDepartment tried to push Frito-Lay toward the Chambersburgsite either at Shuster's behest or to please him." 11mt againFrito-Lay denied. And Lynn Lawson with the Department ofCommerce flatly denied it as well, and quoted in the article,"In no instance, no." Robbie Dietrich, spokesman withFrito-Lay, likewise is quoted as saying: "When we are lookingto site a new facility, we look at a broad range of issues.Workers' comp is one of the components but it is only one ofthe components." These issues that I have outlined, I believe,in part demonstrate that some of what has been said has nojustification, no foundation, and there is no meaning behind itother than the typical nonsense of political ginuniclay that wehear from both sides of the aisle at times.

I would like to share a letter from the Franklin County AreaDevelopment Corporation, which was submitted February 5,long before any of this transpired, from the executive directorof the corporation that was involved with this project from thevery beginning throughout the entire process. "Dear GovernorRidge: I am writing this letter for two purposes: (I) to thankyou, Secretary of Commerce, Tom Hagen, and the 'team' whichassisted on the Frito-Lay project; and (2) to advocate the im­portance of meaningful workers compensation reform whichcan make Pennsylvania a more competitive state in which todo business." And it goes on further down in the letter, Mr.Ross stated, "Frito-Lay officials cited the exorbitantly high costof workers compensation rates in Pennsylvania (as comparedto the other states under consideration, Virginia & West Vir­ginia)...." If we look at the workers' compensation rates inVirginia in comparison to Pennsylvania, those costs are threetimes higher in Pennsylvania. In West Vrrginia, Pennsylvaniacosts are two times higher for locating such an operation.

I represent a border county, and I have to constantly com­pete with the State of Matyland. My hometown is a mile anda half north of the Mason-Dixon line. I bave an employer thatis looking at just solely, because of workers' compensationcosts, to locate 2 miles south. That may take 170 other jobsbecause he can save over a million dollars in workers' com­pensation insurance costs by moving 2 miles. It is a problemIt is not the only problem. Frito-Lay cited business climate.Whether we are talking of workers' compensation, unemploy­ment compensation, whether we are speaking of productliability reform, a host of issues, whether it be CS, the CapitalStock and Franchise Tax, whether it be the corporate incometax rate, whether it be the subchapter S, whether it be the mil­lage and reduction, whether it be going from quarterly paymentof the Capital Stock and Franchise Tax to prepayment, asPennsyIvania once had, all of these issues enter into an in­dustry's decisionmaking process to determine where they willlocate, and they are looking for the best bang for the buck.

We have seen, likewise, particularly in the last 3 years,businesses playing communities and States against each other

Page 24: ~gislatifr£ m.ournalFeb 12, 1996  · The Chaplain, Reverend RUTH WARD HEFLIN, ofCalva ry Camp, Ashland, Virginia, offered the following prayer: Holy are You, 0 Lord, just and righteous

1516 LEGISLATIVE JOURNAL - SENATE FEBRUARY 12,

to come up with the best deal. There is only so much that canbe done. Yes, I saw this project, and in my opinion a superbeffort was put forth by the administration, by the Governor'saction team, and by Congressman Shuster. Shuster did notsway and influence and pull away. Congressman Shuster didas be has always done. We have gone to him to support pro­jects with various means to help make that project or thoseprojects come about. An effective Congressman for his dis­trict? He is guilty of that. But to play and pit one communityagainst another in Pennsylvania? No.

Mr. President, I would just close my remarks by simplystating again that much that has been said is not factual, is nottruthful, and rather than continuing on and on and on for this,let us get down to the issue and the work at hand, and if weare talking about the business climate, then let us deal anddebate effectively, diligently, politely, gentlemanly, those is­sues. Sure, we will be divided at times on the substance andspecifics, but in the end, putting aside the partisanship, we can,I believe, do a lot of good for a lot of people. Because for thatperson who is working at that shop, machinist, water treatmentoperator, or what have you, Republican or Democrat, does notmean a hill of beans to them, but it is that job and it is thatpaycheck and the ability to grow and to expand.

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

Delaware, Senator Loeper.Senator LOEPER. Mr. President, I intend to be relatively

brief this evening. I think it was very well put when the gentle­man from Lackawanna, Senator Mellow, indicated we are talk­ing to an audience, and I guess maybe that is all we are doinghere and all a few people are doing here is talking to thePennsylvania Cable Network audience, because there has notbeen a Mermer on this floor for the last hour and a half, may­be hour and 45 minutes, and that anyone who gets before themike to speak is simply posturing for the Pennsylvania CableNetwork audience, and, Mr. President, that is fine. That isanother medium by which we can communicate what we be­lieve to be our message in this Chamber. Howevet; I think thatmany of the speakers, and again, some of the previousspeakem had indicated, all they were simply doing was gettingup and rehashing exactly what they said last week and maybethe time before, and I think there was some allusion thatmaybe one or two may be candidates, such as the gentlemanfrom Erie, Senator Andrezeski, who has been on this floor forthe past 4 days, which is more, I think, than in the last yearand a half. But, of course, Senator Andrezeski is running forreelection, and maybe this is a good way to communicate withthe people back in Erie. But it seems to me, Mr. President, thatfor Senator Andrezeski and maybe all of the other candidatesof this Senate who may be seeking reelection, rather than touse this medium, maybe the more responsible way to deal withthe issues before us, and particularly in Senator Andrezeski'scase or Senator Mellow's case, as they both are Members ofthe Senate Committee on Appropriations, that we are approach­ing 2 weeks of budget hearings, and I am certain that both ofthem will be present at each and every one of those hearingsin older that they can ask the kinds of questions to the depart-

ment heads and Secretaries that they have been raising on thisfloor night after night for the last week now. And I am certainthat those questions are going to continue.

Howevet; I think that many of the remaIks that were madetonight, and particularly I believe it was the Minority Leaderwho said that Governor Ridge has continually just sent thewrong message, is sending a wrong message, the budget ismean-spirited, it is negative. We do not have any money foreducation, we do not have any money for welfare. But yet, Mr.President, I think when you really stop and examine the docu­ment that was put before us last week by the Governor of a$16.5 billion budget, over 80 cents out of evel)' one of thosedollars goes to education and public health and welfare. To saythat we do not fund them I think is totally misleading andinaccurate. To say that we are cheating our senior citizens istotally misleading and inaccurate. And I think, Mr. President,rather than dealing with all the specific allegations that havebeen made and counterpoints made on the floor this evening,I think that it is about time that we start working together.

Mr. President, if we are going to continue this kind of dia­logue and all the negativism of the other side, which consis­tently is all they want to be is negative, critical, no spirit ofcooperation to tty to resolve some of the problems of Pennsyl­vania, and, Mr. President, I had called last week on the SenateDemocrats, as well as our counteIparts in the House, to join usand work in a bipartisan fashion to tI)' to collectively make abudget document that we believe represents living within theresponsible means that we have available in Pennsylvania, andmoving forward in this year's budget process. Howevet; I thinkwhat we have heard, Mr. President, tonight from the MinorityLeader and Members of his Caucus is that this process cannothappen. They are not willing to do that. Rather than compro­mise or discuss, all they want to do is criticize and really playdown any type of initiative that may be put forth. Once again,you know, we can reiterate. I can reiterate the same remarksI put on this floor last week as far as workers' compensation.We can talk about Frito-Lay and who did, who did not. Wecan talk about the Commerce Department, we can talk aboutthe Philadelphia Naval Shipyard.

I am amazed tonight to hear the Philadelphia Naval Ship­yard now is up to 7,000 jobs. At the time that we were dealingwith the yard, it was only 2,000 jobs, of which another 750jobs were coming from Metro Machine Inc., which is a pro­posal that is still vel)' much alive for the shipyard. But yet atthe same time what we are being critical of is a proposal bythe Meyer Wedt people, who wanted 90 percent public financ­ing for that yard. Now, if we wanted to make a public worksproject for the State of Pennsylvania out of the PhiladelphiaShipyard, maybe that would have been a good deal. Maybe wecould have put 90 percent of State dollars in to rescue thatyard. However, I think, and Senator Mellow again misspokelast week when he talked about the yard, that the Governorcould not even contact the officials at Meyer Werft. He wastold not to contact the officials at Meyer Wetft. They had theirone designee in the city of Philadelphia that the Governor andhis economic development team was to deal with.

Page 25: ~gislatifr£ m.ournalFeb 12, 1996  · The Chaplain, Reverend RUTH WARD HEFLIN, ofCalva ry Camp, Ashland, Virginia, offered the following prayer: Holy are You, 0 Lord, just and righteous

1996 LEGISLATIVE JOURNAL - SENATE 1517

Mr. President, I think it is vel}' easy to be negative, it isvel}' easy to scare people, and unfortunately, Mr. President, Ithink it is about time we tl}' to work together, we tI}' to workcooperatively in order to solve the problems of Pennsylvania.I look forward to seeing Senator Andrezeski and Senator Mel­low at those budget hearings in order that they can ask thekinds of questions and raise the kinds of issues to tI}' to getanswers in order that we can begin meaningful negotiationsfollowing that process.

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

Lackawanna, Senator Mellow.Senator MELLOW. Mr. President, if I am hearing the un­

derlining tone of the gentleman from Delaware, SenatorLoeper, where he is inviting us to be equal partners and partic­ipants with him in a budget negotiation, then I am sure thatthere are Members on this side of the aisle that would be onlytoo happy to take him up on that for the putpOse of tl}'ing todraft an appropriate budget, but not for the putpOse of tl}'ingto slam~ the proposal that has been submitted by GovernorRidge, the same way last year's budget was slam-dunked, Mr.President, and if that is the case, we will not be part and parcelof that. If Senator Loeper is telling us that he would like toextend to us the hand of cooperation in the 'spirit of tl}'ing toresolve things to the betterment of all our people, Mr. Presi­dent, then I am sure that we would be only too happy to listenand participate.

Sometimes, Mr. President, we talk about Paul Harvey andthe rest of the story. Well, Senator Loeper was very pointed inmaking it known that the gentleman from Erie, SenatorAndrezeski, is a candidate for reelection to the Senate. Andthat is absolutely correct. He spoke on the floor. He did notmention the fact that the gentleman from Venango, SenatorPeterson, a Republican who spoke on the floor defending theMedicare cut, is a Republican candidate for Congress. Nor didhe mention that the gentleman from Franklin, Senator Punt,who spoke on the floor defending the administration and theway they badly fumbled the ball with regard to the Frito-Layproject, is also up for reelection. So he is correct, Mr. Presi­dent, three people who are up for election spoke on the floorof this Senate this evening. He mentioned one, the Democrat,but two of those three people, Mr. President, happen to beRepublicans. And I see nothing wrong with them. I am onlysOfl}' that Members are not in their offices listening to thedebate. I am only sOfl}' that more Members are not on thefloor to discuss it. I am only sofl}' that perhaps you cannotstep down from the rostrum, Mr. President, and defend thepolicies of the Ridge administration to find out just exactlywhere the Ridge administration is coming from.

Mr. President, there are a lot of things that have been saidby Senator Punt, and for some reason he decided to leave thefloor. But one thing that he said was that he represents a dis­trict that borders the State of Maryland, and I think we allrealize that. I think, and he talked about wolkers' compensationin Maryland. Well, Senator Punt voted against Act 44, thewolkers' compensation refonn, for whatever reasons he did. Heapparently thought that the act that was in place and the laws

governing workers' compensation were better than what was inAct 44. If he read the bill, he would know that the law thatwas used was patterned after the Maryland rating law. So theMaIyland mting law that was used as a guide to draft Act 44,the exact same thing that Senator Punt was complaining about.

Also, Mr. President, it was suggested that I should not havean involvement here because I do not represent Fmnklin Coun­ty or I do not represent York County, and that my involvementhere is one to point out a gross inequity. My involvement, Mr.President, is what has brought upon all of this discussion. Myinvolvement, Mr. President, is the reason why the HarrisburgPatriot-News, is the reason why the newspaper inChambersbwg, is the reason why the newspaper in York havebeen exposing to the people of Pennsylvania exactly how theRidge administration very badly blew the opportunity of bring­ing Frito-Lay to Pennsylvania, because when we take an oathof office, Mr. President, we take an oath of office to upholdand defend the Constitution. The Constitution of Pennsylvaniais not a Constitution only for the 240,000 people whom youdirectly represent, Mr. President. It is a Constitution that pro­tects all 12 million people of Pennsylvania. And I would liketo tell Senator Punt this, that if he solicited or elicited the helpof some of us on this side of the aisle, we could have put to­gether a program, we could have aided him in his quest to tryto bring Frito-Lay to his district, and we would have been ableto do something that perhaps would have had the new opera­tion of Frito-Lay in his district or in York County. The impor­tant thing is not where it is located but that it is here.

Senator Loeper talked a lot about the Philadelphia Port, andhe is right. I said 7,000 jobs, and I have said 7,000 jobs, Sena­tor Loeper, since I made my first comment on the floor of thisSenate back last fall or late last summer, because the figureremains the same - 2,000 jobs to be directly employed at theport, 5,000 jobs based on the infonnation that has been submit­ted to us that would have been directly related to the new loca­tion and the new construction of the ships at the PhiladelphiaPort. And it is obvious that the entire package, which I cannotremember exactly what it was, but I think ifyou take the mon­ey from the State of New Jersey, the money that was requestedfrom the city of Philadelphia, the money that was asked forthrough the Commonwealth of Pennsylvania, and even I be­lieve through the port, I think we are talking somewherearound $94 million of taxpayer money that would have beenused to bring into Pennsylvania some 7,000 jobs.

I believe, Mr. President, that the Governor, who had theopportunity to make a phone call to Germany for the purposeof discussing directly with the officials of the Meyer Werftcompany about bringing those jobs to Pennsylvania, and if youread the record, I have also slated that I wonder if GovernorCasey, his predecessor, in his weakened condition back in1993 and 1994, had that same opportunity to make a phonecall to Germany to bring these new jobs into Pennsylvania, Iwonder, in fact, if he would have done that. Governor Ridgedid not do that. Instead, what he thought was the importantthing to do was to pass legislation to push for a tax reductionfor the lmgest of Imge corporations in Pennsylvania to reducetheir taxes by $282 million, which meant that we were more

Page 26: ~gislatifr£ m.ournalFeb 12, 1996  · The Chaplain, Reverend RUTH WARD HEFLIN, ofCalva ry Camp, Ashland, Virginia, offered the following prayer: Holy are You, 0 Lord, just and righteous

1518 LEGISLATIVE JOURNAL - SENATE FEBRUARY 12,

interested in what is happening on Wall Street than we are onMain Street in Pennsylvania. And all the Governor did byreducing the taxes by $282 million, he furloughed 19,000people in Pennsylvania, because through cutback, throughretooling, through reorganization, through any way you maywant to sugarcoat it, what it means is that these corporationscut back middle management people for the sole purpose ofincreasing profits to be paid to their stockholders, SenatorLoeper. So on the one hand we could not find a public ad­ministration that was sensitive to the needs of coming up witha $94 million package that included a lot of different groups tobring in 7,000 jobs to Pennsylvania, but we were able to findan administration that proposed the cutting of taxes by theamount of $282 million, which then guaranteed the loss of19,000 jobs in Pennsylvania. So if Governor Ridge wants totake credit for something, he should have had his State of theCommonwealth message. He should have pointed out that heis directly responsible for 7,000 jobs not coming to thePhiladelphia Port. He is also directly responsible, through hisown legislative initiatives, of cutting taxes by $280-plus mil­lion, which brought about another loss of 19,000 jobs. So somevel)' simple basic arithmetic will tell you just in those twooperations alone Tom Ridge cost the people of Pennsylvania26,000 jobs.

Senator, I feel sorty for you because I respect you as anindividual, but I know you are in a very tough position I real­ize that you must defend the administration I realize that youmust put a positive spin on the failure of this administration todo the job with economic development, and the beat goes on.Because any way you want to look at it, the Governor and hiseconomic team did not do their job in bringing Frito-Lay toPennsylvania. Whether it was York County or whether it wasthe influence of a vel)' prominent, powerful individual whorepresents a part of Pennsylvania in the United States Con­gress, that he wanted to satisfy him, any way you want to lookat it, Mr. President, it has not happened. And I think if SenatorPunt was responsible for one thing in his discussion, he wasresponsible for making my argument, because my argumentwas, and I think through his discussion he proved that to bethe case, that we did not lose Frito-Lay because of workers'compensation, we lost Frito-Lay because of the ineptness onthe part of the administration to have a comprehensive and aconcise economic development program.

And Governor Ridge, you have 2 years and 10 months leftin this first teno of your administration If the legacy that youhave given us in economic development over those first 13months is any indication of what you are going to give us overthe next 35 or 36 months, God bless the people of Pennsylva­nia.

Thank you.

UNFINISHED BUSINESSCOMMUNICATIONS FROM THE GOVERNOR

NOMINATIONS REFERRED TO COMMITTEE

The PRESIDENT laid before the Senate the following com­munications in writing from His Excellency, the Governor of

the Commonwealth, which were read as follows and referredto the Committee on Rules anCl Executive Nominations:

MEMBER OF THE PENNSYLVANIAPUBLIC UTILITY COMMISSION

Februaty 12, 1996

To the Honomble, the Senate of the Commonwealth ofPennsylvania:

In confonnity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, John M Quain, Esquire, 2414Patton Road, Hanisbmg 17112, Dauphin County, Fifteenth SenatorialDis1rict, for reappointment as a member of the Pennsylvania PublicUtility Commission, to serve until April 1, 200I, or until his succes­sor is appointed and qualified, but not longer than six months beyondthat period.

THOMAS J. RIDGEGovernor

MEMBER OF THE ELK COUNTYBOARD OF ASSISTANCE

Februaty 12, 1996

To the Honomble, the Senate of the Commonwealth ofPennsylvania:

In conformity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, Rose Heindl (Republican), 602Hyde Avenue, Ridgway 15853, Elk County, Twenty-fifth SenatorialDis1rict, for appointment as a member of the Elk County Board ofAssistance, to serve until December 31, 1997, and until her successoris appointed and qualified, vice Ulmar L. Fritz, St Marys, resigned.

THOMAS 1. RIDGEGovernor

HOUSE MESSAGES

HOUSE CONCURS IN SENATE AMENDMENTSTO HOUSE BILLS

The Clerk of the House of Representatives informed theSenate that the House has concurred in amendments made bythe Senate to DB 569 and DB 2079.

HOUSE BILLS FOR CONCURRENCE

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

Febrwny 12. 1996

DB 26 -- Committee on Urban Affairs and Housing.DB 950 -- Committee on Local Government.DB 1036 -- Committee on Education.DB 2065 -- Committee on Public Health and Welfare.DB 2140 -- Committee on Agriculture and Rural Affairs.

BILLS INTRODUCED AND REFERRED

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

Page 27: ~gislatifr£ m.ournalFeb 12, 1996  · The Chaplain, Reverend RUTH WARD HEFLIN, ofCalva ry Camp, Ashland, Virginia, offered the following prayer: Holy are You, 0 Lord, just and righteous

1996 LEGISLATIVE JOURNAL - SENATE 1519

BILLS SIGNED

The following announcements were read by the Secretmy ofthe Senate:

Which was committed to the Committee on EDUCATION,Februaty 12, 1996.

The PRESIDENT (Lieutenant Governor MaJk S. Schweiker)in the presence of the Senate signed the following bills:

HB 569 and HB 2079.

ANNOUNCEMENTS BY THE SECRETARY

SENATE OF PENNSYLVANIA

COMMlITEE MEETINGS

1UESDAY. FEBRUARY 13. 1996

EDUCATION (to consider House Bill Room 8E-ANo. 2339 and any other business East Wingthat shall come before the Committee)

ENVIRONMENTAL RESOURCES MajorityAND ENERGY (to consider Senate Caucus Rm.Resolution No. 88 - to support therequest of PENJERDEL Council'sClean Air Coalition to reclassify the

ll:OO A.M.

10:30 A.M.

Which was committed to the Committee on LAW ANDJUSTICE, Februaty 12, 1996.

Senator GREENLEAF presented to the Chair SB 1409,entitled:

An Act amending the act of April 12, 1951 (p. L. 90, No. 21),entitled, as reenacted, "Liquor Code," further regulating interstatetransfer of liquor.

Which was committed to the Committee on LAW ANDJUSTICE, Februaty 12, 1996.

Senators PICCOLA, HART, HELFRICK, MOWER~ SAL­VATORE, CORMAN, GERLACH, HECKLER., WENGER andDELP presented to the Chair SO 1410, entitled:

An Act amending the act of March 10, 1949 (p. L. 30, No. 14),entitled "Public School Code of 1949," further providing for continu­ing professional development

Which was committed to the Committee on AGRICUL­TURE AND RURAL AFFAIRS, Febrwuy 12, 1996.

Senators GREENLEAF, O'PAKE, HECKLER., LEMMOND,AFFLERBACH, HELFRICK, SCHWARTZ, TOMLINSON,WENGER and DELP presented to the Chair SO 1407, entitled:

An Act amending Title 18 (Crimes and Offenses) of the Pennsyl­vania Consolidated Statutes, further providing for the offenses ofaggravated indecent assault and indecent assault

Which was committed to the Committee on JUDICIAR~

Februaty 12, 1996.

Senators GREENLEAF, HART, SHAFFER and THOMP­SON presented to the Chair SO 1408, entitled:

An Act amending the act of April 12, 1951 (p. L. 90, No. 21),entitled, as reenacted, "Liquor Code," providing for reciprocal inter­state wine transfer.

Which was committed to the Committee on lRANSPOR­TATION, Februaty 12, 1996.

Senators TILGHMAN, GERLACH, HECKLER, STOUT,STEWART, SALVATORE, TARTAGLIONE, PUMO, AF­FLERBACH, O'PAKE, JONES, PUNT, BELL, BRIGHTBll..L,THOMPSON, PORTERFIELD and LEMMOND presented tothe Chair SO 1402, entitled:

A Supplement to the act of (p. L. , No. ), enti-tled "Capital Budget Transportation Assistance Project Itemization Actfor 1995-1996," itemizing transportation assistance projects to beconstructed or acquired or assisted by the Department of Transporta­tion, together with their estimated fmancial costs; authorizing theincurring of debt without the approval of the electors for the purposeof fmancing the projects to be constructed or acquired or assisted bythe Department of Transportation; stating the estimated useful life ofthe projects; authorizing certain waivers; and making an appropriation.

Which was committed to the Committee on TRANSPOR­TATION, February 12, 1996.

Senators TILGHMAN, GERLACH, HECKLER, STOUT,STEWART, SALVATORE, TARTAGLIONE, PUMO, AF­FLERBACH, O'PAKE, PUNT, BELL, BRIGHTBll..L,THOMPSON, PORTERFIELD and LEMMOND presented tothe Chair SO 1403, entitled:

An Act amending Title 74 (Transportation) of the PennsylvaniaConsolidated Statutes, providing for public transportation supplemen·.tal assistance funding; and making an appropriation.

February 12. 1996

Senator HOLL presented to the Chair SO 1401, entitled:An Act amending Title 75 (Vehicles) of the Pennsylvania Consol­

idated Statutes, restricting the number of persons transported in avehicle.

Which was committed to the Committee on TRANSPOR­TATION, Februaty 12, 1996.

Senators CORMAN and MADIGAN presented to the ChairSO 1404, entitled:

An Act creating and establishing a statutory trust for the protec­tion of producers storing agricultural products with commercial ware­house operators~ providing for requirements by such operators~ andproviding for requirements and procedures for preservation of trustprotections by producers.

Which was committed to the Committee on AGRICUL­TURE AND RURAL AFFAIRS, Februaty 12, 1996.

Senators CORMAN and MADIGAN presented to the ChairSO 1405, entitled:

An Act creating and establishing a statutory trust for the protec­tion of unpaid producers of agricultural products and providing forrequirements and procedures for preservation of trust protections byproducers.

Which was committed to the Committee on AGRICUL­TURE AND RURAL AFFAIRS, February 12, 1996.

Senators CORMAN and MADIGAN presented to the ChairSO 1406, entitled:

An Act amending the act of July 2, 1986 (P. L. 30I, No. 74),entitled "An act providing for the provisions of poultry and egg con­tracts;.... ," further providing for provisions of contracts.

Page 28: ~gislatifr£ m.ournalFeb 12, 1996  · The Chaplain, Reverend RUTH WARD HEFLIN, ofCalva ry Camp, Ashland, Virginia, offered the following prayer: Holy are You, 0 Lord, just and righteous

1520 LEGISLATIVE JOURNAL - SENATE FEBRUARY 12,

air quality of the Philadelphia 10:00 AM. APPROPRIATIONS (Budget Hearing· MajorityConsolidated Metropolitan Statistical PA Emergency Management Agency) Caucus Rm.Area)

11:00 A.M. APPROPRIATIONS (Budget Hearing. Majority11:00 A.M. JUDICIARY (to consider Senate Bills Room 8E-B Department of Aging) Caucus Rm.

No. 1128, 1204, 1254, 1290, East Wing1:00 P.M. APPROPRIATIONS (Budget Hearing· Majority1362 and 1407)

Department of Conservation and Caucus Rm.11:30 AM. BANKING AND INSURANCE (to Room 461 Natural Resources)

consider House Bills No. 1100 and Main CapitolAPPROPRIATIONS (Budget Hearing· Majority2042; public hearing on Senate Bill 2:30 P.M.

No. 1122; and any other business that Department of Labor and Industry) Caucus Rm.

shall come before the Committee)3:30 P.M. APPROPRIATIONS (Budget Hearing. Majority

WEDNESDAY. FEBRUARY 21, 1996 Department of Military Affairs) Caucus Rm.

CANCELLED MONDAY, MARCH 4. 1996

10:00 AM. CONSUMER PROTECTION AND Majority9:30 AM. APPROPRIATIONS (Budget Hearing - Majority

PROFESSIONAL LICENSURE (public Caucus Rm.Secretary Bittenbender •• Overall Caucus Rm.

hearing on Telephone Deregulation: A Economic Outlook and Perspective)progress report on the implementation ofChapter 30 of the PUC Code) 1:00 P.M. APPROPRIATIONS (Budget Hearing· Majority

Department of Public Welfare) Caucus Rm.MONDAY. FEBRUARY 26.1996

MajorityTUESDAY. MARCH 5. 1996

9:30 AM. APPROPRIATIONS (Budget Hearing -Department of General Services) Caucus Rm. 9:00 AM. APPROPRIATIONS (Budget Hearing - Majority

Department of Transportation) Caucus Rm.10:30 AM. APPROPRIATIONS (Budget Hearing - Majority

Department of Revenue) Caucus Rm. 1:00 P.M. APPROPRIATIONS (Budget Hearing. MajorityDepartment of Environmental Protection) Caucus Rm.

1:00 P.M. APPROPRIATIONS (Budget Hearing - MajorityDepartment of State) Caucus Rm. WEDNESDAY. MARCH 6. 1996

2:30 P.M. APPROPRIATIONS (Budget Hearing - Majority 9:00 AM. APPROPRIATIONS (Budget Hearing - MajorityDepartment of Commerce) Caucus Rm. Pennsylvania State Police) Caucus Rm.

TUESDAY. FEBRUARY 27. 1996 10:30 AM. APPROPRIATIONS (Budget Hearing. MajorityGovernor's Office) Caucus Rm.

9:00 A.M. APPROPRIATIONS (Budget Hearing. MajorityState System of Higher Education) Caucus Rm. 1:00 P.M. APPROPRIATIONS (Budget Hearing. Majority

Department of Education) Caucus Rm.10:30 AM. APPROPRIATIONS (Budget Hearing - Majority

Penn State University) Caucus Rm. THURSDAY. MARCH 7. 1996

1:00 P.M. APPROPRIATIONS (Budget Hearing. Majority 9:00 AM. APPROPRIATIONS (Budget Hearing - MajorityTemple University) Caucus Rm. Department of Agriculture) Caucus Rm.

2:00 P.M. APPROPRIATIONS {Budget Hearing. Majority 10:00 AM. APPROPRIATIONS (Budget Hearing - MajorityLincoln University) Caucus Rm. Liquor Control Board) Caucus Rm.

3:00 P.M. APPROPRIATIONS {Budget Hearing - Majority 11:00 AM. APPROPRIATIONS (Budget Hearing - MajorityUniversity of Pittsburgh) Caucus Rm. Treasurer) Caucus Rm.

WEDNESDAY. FEBRUARY 28. 1996 1:00 P.M. APPROPRIATIONS (Budget Hearing - MajorityAttorney General) Caucus Rm.

9:00 AM. APPROPRIATIONS (Budget Hearing - MajorityDepartment of Corrections) Caucus Rm. 2:00 P.M. APPROPRIATIONS (Budget Hearing - Majority

Department of Health) Caucus Rm.10:30 AM. APPROPRIATIONS (Budget Hearing· Majority

Department of Insurance) Caucus Rm. ADJOURNMENT1:00 P.M. APPROPRIATIONS (Budget Hearing - Majority

Senator LOEPER. Mr. President, I move that the Senate doJudiciary) Caucus Rm.now mljoum until Tuesday, Februmy 13, 1996, at 1 p.m, East-

2:30 P.M. APPROPRIATIONS (Budget Hearing - Majority em Standard Time.Auditor General) Caucus Rm. The motion was agreed to.

3:30 P.M. APPROPRIATIONS (Budget Hearing - Majority The Senate adjourned at 8 p.m., Eastern Standard Time.Historical and Museum Commission) Caucus Rm.

rnURSDAY. FEBRUARY 29. 1996

9:00 A.M. APPROPRIATIONS (Budget Hearing - MajorityDepartment of Community Affairs) Caucus Rm.