COMMONWEALTH OF PENNSYLVANIA LEGISLATIVE JOURNAL … · 10/8/1991 · SESSION OF 1991 175TH THE...
Transcript of COMMONWEALTH OF PENNSYLVANIA LEGISLATIVE JOURNAL … · 10/8/1991 · SESSION OF 1991 175TH THE...
COMMONWEALTH OF PENNSYLVANIA
LEGISLATIVE JOURNAL
TUESDAY, OCTOBER 8, 1991
SESSION OF 1991 175TH OF THE GENERAL ASSEMBL V No. 61
SENATE TUESDAY, October 8, 1991.
The Senate met at 1:00 p.m., Eastern Daylight Saving Time.
The PRESIDENT (Lieutenant Governor Mark S. Singel) in the Chair.
PRAYER
The following prayer was offered by the Secretary of the Senate, Hon. MARK R. CORRIGAN:
Almighty and Eternal God, we ask Your blessing upon these Senators as they fulfill their duties and responsibilities today. Strengthen them and guide them with Your spirit of wisdom, power and truth. Amen.
JOURNAL APPROVED
The PRESIDENT. A quorum of the Senate being present, the Clerk will read the Journal of the preceding Session of October 7, 1991.
The Clerk proceeded to read the Journal of the preceding Session, when, on motion of Senator FISHER, further reading was dispensed with, and the Journal was approved.
COMMUNICATIONS FROM THE GOVERNOR
NOMINATIONS BY THE GOVERNOR REFERRED TO COMMI'ITEE
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 referred to the Committee on Rules and Executive Nominations:
MEMBER OF THE SNYDER COUNTY BOARD OF ASSISTANCE
October 7, 1991.
To the Honorable, the Senate of the Commonwealth of Pennsylvania:
In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Richard E. Felker (Democrat), 429 Grand Street, Middleburg 17842, Snyder County, Twenty-seventh Senatorial District, for appointment as a member of the Snyder County Board of Assistance, to serve until December 31, 1992, and until his successor'is appointed and qualified, vice Lorenah C. Mutschler, Middleburg, resigned.
ROBERT P. CASEY.
MEMBER OF THE SNYDER COUNTY BOARD OF ASSISTANCE
October 7, 1991.
To the Honorable, the Senate of the Commonwealth of Pennsylvania: In conformity with law, I have the honor hereby to nominate
for the advice and consent of the Senate, Alma M. Kerstetter (Democrat), R. R. Box 383, Port Trevorton 17864, Snyder County, Twenty-seventh Senatorial District, for appointment as a member of the Snyder County Board of Assistance, to serve until December 31, 1993, and until her successor is appointed and qualified, vice Fay B. Higgins, Paxtonville, whose term expired.
ROBERT P. CASEY. MEMBER OF THE LEHIGH COUNTY
BOARD OF ASSISTANCE
October 8, 1991.
To the Honorable, the Senate of the Commonwealth of Pennsylvania: In conformity with law, I have the honor hereby to nominate
for the advice and consent of the Senate, Reginald Johnson (Democrat), 227 East Cumberland Street, Allentown 18103, Lehigh County, Sixteenth Senatorial District, for appointment as a member of the Lehigh County Board of Assistance, to serve until December 31, 1992, and until his successor is appointed and qualified, vice Daylin B. Leach, Esquire, Allentown, resigned.
ROBERT P. CASEY.
MEMBER OF THE MIFFLIN COUNTY BOARD OF ASSISTANCE
October 8, 1991.
To the Honorable, the Senate of the Commonwealth of Pennsylvania: In conformity with law, I have the honor hereby to nominate
for the advice and consent of the Senate, Ronald E. Notestine (Democrat), 2 Winding Way, Lewistown 17044, Mifflin County, Thirty-fourth Senatorial District, for appointment as a member of the Mifflin County Board of Assistance, to serve until December 31, 1993, and until his successor is appointed and qualified, to add to complement.
ROBERT P. CASEY.
1106 LEGISLATIVE JOURNAL-SENATE OCTOBER 8,
MEMBER OF THE SUSQUEHANNA COUNTY BOARD OF ASSISTANCE
October 8, 1991.
To the Honorable, the Senate of the Commonwealth of Pennsylvania:
In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, John A. Wanatt (Democrat), R. D. #1, Box 4A, Susquehanna 18847, Susquehanna County, Twentieth Senatorial District, for appointment as a member of the Susquehanna County Board of Assistance, to s(jl"Ve until December 31, 1993, and until his successor is appointed and qualified, to add to complement.
ROBERT P. CASEY.
MEMBER OF THE UNION COUNTY BOARD OF ASSISTANCE
October 8, 1991.
To the Honorable, the Senate of the Commonwealth of Pennsylvania:
In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Annalisa G. Foulds (Democrat), Bridge Avenue, Allenwood 17810, Union County, Twenty-third Senatorial District, for appointment as a member of the Union County Board of Assistance, to serve until December 31, 1993, and until her successor is appointed and qualified, to add to complement.
ROBERT P. CASEY.
MEMBER OF THE UNION COUNTY BOARD OF ASSISTANCE
October 8, 1991.
To the Honorable, the Senate of the Commonwealth of Pennsylvania:
In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Alice A. Marden (Democrat), 50 North Third Street, Apartment 416, Lewisburg 17837, Union County, Twenty-seventh Senatorial District, for appointment as a member of the Union County Board of Assistance, to serve until December 31, 1992, and until her successor is appointed and qualified, vice Raymond E. Minium, Sr., Lewisburg, resigned.
ROBERT P. CASEY.
MEMBER OF THE WAYNE COUNTY BOARD OF ASSISTANCE
October 8, 1991.
To the Honorable, the Senate of. the Commonwealth of Pennsylvania:
In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Charles H. Bertram (Democrat), R. D. #3, Honesdale 18431, Wayne County, Twentieth Senatorial District, for appointment as a member of the Wayne County Board of Assistance, to serve until December 31, 1993, and until his successor is appointed and qualified to add to complement.
ROBERT P. CASEY.
MEMBER OF THE WAYNE COUNTY BOARD OF ASSISTANCE
October 8, 1991.
To the Honorable, the Senate of the Commonwealth of Pennsylvania:
In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Theresa L. Henderson (Democrat), Box 219, Milanville 18443, Wayne County, Twentieth Senatorial District, for appointment as a member of the Wayne County Board of Assistance, to serve until December 31, 1993, and until her successor is appointed and qualified to add to complement.
ROBERT P. CASEY.
MEMBER OF THE WAYNE COUNTY BOARD OF ASSISTANCE
October 8, 1991.
To the Honorable, the Senate of the Commonwealth of Pennsylvania:
In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Joseph E. Sheridan, Jr. (Democrat), 211 Spruce Avenue, Hawley 18428, Wayne County, Twentieth Senatorial District, for reappointment as a member of the Wayne County Board of Assistance, to serve until December 31, 1992, and until his successor is appointed and qualified.
ROBERT P. CASEY.
MEMBER OF THE WAYNE COUNTY BOARD OF ASSISTANCE
October 8, 1991.
To the Honorable, the Senate of the Commonwealth of Pennsylvania:
In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Marilyn J. Stamets (Democrat), R. D., Box 61, Lakewood 18439, Wayne County, Twentieth Senatorial District, for reappointment as a member of the Wayne County Board of Assistance, to serve until December 31, 1991, and until her successor is appointed and qualified.
ROBERT P. CASEY.
MEMBER OF THE WAYNE COUNTY BOARD OF ASSISTANCE
October 8, 1991.
To the Honorable, the Senate of the Commonwealth of Pennsylvania:
In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Joanne Tagle (Democrat), 208 Shady Lane, Honesdale 18431, Wayne County, Twentieth Senatorial District, for appointment as a member of the Wayne County Board of Assistance, to serve until December 31, 1993, and until her successor is appointed and qualified to add to complement.
ROBERT P. CASEY.
MEMBER OF THE YORK COUNTY BOARD OF ASSISTANCE
October 8, 1991.
To the Honorable, the Senate of the Commonwealth of Pennsylvania:
1991 LEGISLATIVE JOURNAL-SENATE 1107
In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Carmen M. Bonilla (Democrat), 815 East Philadelphia Street, York 17403, York County, Twenty-eighth Senatorial District, for appointment as a member of the York County Board of Assistance, to serve until December 31, 1993, and until her successor is appointed and qualified, to add to complement.
ROBERT P. CASEY.
RECALL COMMUNICATION REFERRED TO COMMITTEE
The PRESIDENT laid before the Senate the following communication in writing from His Excellency, the Governor of the Commonwealth, which was read as follows, and referred to the Committee on Rules and Executive Nominations:
MEMBER OF THE BOARD OF TRUSTEES OF WHITE HAVEN CENTER
October 7, 1991.
To the Honorable, the Senate of the Commonwealth of Pennsylvania: In accordance with the power and authority vested in me as
Governor of the Commonwealth, I do hereby recall my nomination dated August 14, 1991 for the appointment of Dr. Lawrence J. Kansky, Jr., 45 Brook Lane, Mountaintop 18707, Luzerne County, Fourteenth Senatorial District, as a member of the Board of Trustees of White Haven Center, to serve until the third Tuesday of January, 1997, and until his successor is appointed and qualified, vice Patricia Hametz, Weatherly, whose term expired.
I respectfully request the return to me of the official message of nomination on the premises.
ROBERT P. CASEY. RECALL COMMUNICATION
LAID ON THE TABLE
The PRESIDENT laid before the Senate the following communication in writing from His Excellency, the Governor of the Commonwealth, which was read as follows, and laid on the table:
MEMBER OF THE STATE BOARD OF MEDICINE
October 8, 1991.
To the Honorable, the Senate of the Commonwealth of Pennsylvania: In accordance with the power and authority vested in me as
Governor of the Commonwealth, I do hereby recall my nomination dated June 12, 1991 for the reappointment of Joshua A. Perper, M.D., 106 Crofton Drive, Pittsburgh 15238, Allegheny County, Forty-{ourth Senatorial District, as a member of the State Board of Medicine, to .serve for a term of four years or until his successor is appointed and qµalified, but not longer than six months beyond that period.
I respectfully request the return to me of the official message of nomination on the premises.
ROBERT P. CASEY.
HOUSE MESSAGE
HOUSE CONCURS IN SENATE CONCURRENT RESOLUTION
The Clerk of the House of Representatives informed the Senate that the House has concurred in resolution from the Senate, entitled:
Weekly Adjournment.
BILLS INTRODUCED AND REFERRED
The PRESIDENT laid before the Senate the following Senate Bills numbered, entitled and referred as follows, which were read by the Clerk:
October 8, 1991
Senators HART and LEWIS presented to the Chair SB 1351, entitled:
An Act amending the act of June 23, 1931 (P. L. 932, No. 317), entitled "The Third Class City Code," repealing a provision relating to the sinking fund commission.
Which was committed to the Committee on LOCAL GOVERNMENT, October 8, 1991.
Senator HART presented to the Chair SB 1352, entitled: An Act amending the act of June 23, 1931 (P. L. 932, No.
317), entitled "The Third Class City Code," providing for a solicitor to the controller.
Which was committed to the Committee on LOCAL GOVERNMENT, October 8, 1991.
Senators HART and LEWIS presented to the Chair SB 1353, entitled:
An Act amending the act of June 23, 1931 (P. L. 932, No. 317), entitled "The Third Class City Code," requiring certain cities to use certain methods in maintaining accounts.
Which was committed to the Committee on LOCAL GOVERNMENT, October 8, 1991.
Senator TILGHMAN presented to the Chair SB 1354, entitled:
An Act reenacting and amending the act of December 17, 1986 (P. L. 1675, No. 192), entitled "An act providing for the certification and recertification of assessors; establishing eligibility and training requirements; defining the powers and duties of the State Tax Equalization Board relating to training, certification and recertification of assessors; and authorizing the board to establish fees."
Which was committed to the Committee on LOCAL GOVERNMENT, October 8, 1991 .
Senator TILGHMAN presented to the Chair SB 1355, entitled:
An Act amending the act of December 17, 1986 (P. L. 1675, No. 192), entitled "Assessors Certification Act," repealing the sunset provision of the law.
Which was committed to the Committee on LOCAL GOVERNMENT, October 8, 1991.
1108 LEGISLATIVE JOURNAL-SENATE OCTOBER 8,
Senator SALVATORE presented to the Chair SB 1356, entitled:
An Act amending Title 1 (General Provisions) of the Pennsylvania Consolidated Statutes, further providing for definitions.
Which was committed to the Committee on JUDICIARY, October 8, 1991.
Senators BORTNER, O'PAKE, STAPLETON, SCHWARTZ, PORTERFIELD, LEWIS, AFFLERBACH and ANDREZESKI presented to the Chair SB 1357, entitled:
A Joint Resolution proposing an amendment to the Constitution of the Commonwealth of Pennsylvania, further providing for vacancy in the Office of Lieutenant Governor.
Which was committed to the Committee on STATE GOVERNMENT, October 8, 1991.
Senators TILGHMAN, FISHER, ARMSTRONG, LOEPER, GREENWOOD, HOLL, GREENLEAF, BAKER, HART and HOPPER presented to the Chair SB 1358, entitled:
An Act amending the act of April 12, 1951 (P. L. 90, No. 21), entitled, as reenacted, "Liquor Code," establishing a licensed private liquor and wine wholesale and retail system; providing for importation of liquor; imposing a tax; and making repeals.
Which was committed to the Committee on LAW AND JUSTICE, October 8, 1991.
Senators PETERSON, HART, GREENWOOD, HOPPER, JONES, SCHWARTZ, O'PAKE, BRIGHTBILL and SHUMAKER presented to the Chair SB 1359, entitled:
An Act amending the act of April 14, 1972 (P. L. 221, No. 63), entitled, as amended, "Pennsylvania Drug and Alcohol Abuse Control Act," further providing for the membership, powers and duties of the Pennsylvania Advisory Council on Substance Abuse, creating single county authorities; further providing for the powers, duties and responsibilities of the department, local authorities and single county authorities, and reestablishing and continuing the Council as the Pennsylvania Board on Drug and Alcohol Abuse.
Which was committed to the Committee on PUBLIC HEALTHANDWELFARE,October 8, 1991.
Senator GREENLEAF presented to the Chair SB 1360, entitled:
An Act amendingthe act of April9, 1929(P. L. 177, No. 175), entitled "The Administrative Code of 1929," further providing for crime victims' compensation and for definitions; transferring the powers and duties of the Crime Victim's Compensation Board to the Bureau of Victim Services within the Pennsylvania Commission on Crime and Delinquency; further providing for crime victims' compensation eligibility and claims, for crime victims' compensation awards and subrogation, for law enforcement responsibilities relating to crime victims' compensation, for proceeds from crimes and for responsibilities of employers, service providers and insurers as to crime victims' compensation.
Which was committed to the Committee on JUDICIARY, October 8, 1991.
SPECIAL ORDER OF BUSINESS
ANNOUNCEMENT BY THE SECRETARY
The SECRETARY. Consent has been given.for the Committee on Rules and Executive Nominations to meet during today's Session to consider certain nominations.
REPORTS FROM COMMITTEES
Senator BELL, from the Committee on Consumer Protection and Professional Licensure, reported the following bills:
SB 424 (Pr. No. 1578) (Amended)
An Act amending Title 66 (Public Utilities) of the Pennsylvania Consolidated Statutes, adding provisions relating to the regulation of limousine services; and further providing for disposition of fines and penalties.
SB 963 (Pr. No. 1579) (Amended)
An Act establishing the State Board of Professional Geologists and prescribing its powers and duties; providing for the licensure of professional geologists and appropriating funds collected.
SB 1189 (Pr. No. 1337)
An Act amending the act of May 15, 1939 (P. L. 134, No. 65), entitled, as amended, "Fireworks Law," further providing for unlawful activities relating to fireworks; providing for display of permits; further providing for out-of-State shipments of fireworks and penalties.
SB 1331 (Pr. No. 1545)
An Act amending Title 66 (Public Utilities) of the Pennsylvania Consolidated Statutes, further providing for gas pipeline safety violations.
Senator TILGHMAN, from the Committee on Appropriations, reported the following bills:
SB 6 (Pr. No. 6) (Rereported)
An Act amending the act of March 10, 1949 (P. L. 30, No. 14), entitled "Public School Code of 1949," further providing for payments on account of building costs; and imposing powers and duties on the Department of Education.
SB 197 (Pr. No. 206) (Rereported)
An Act amending the act of April 14, 1972 (P. L. 221, No. 63), entitled, as amended, "Pennsylvania Drug and Alcohol Abuse Control Act," providing for the commitment of certain children; prohibiting the expenditure of State funds outside this Commonwealth; and providing a negligence standard relating to assessment and treatment of certain children.
SB 205 (Pr. No. 214) (Rereported)
An Act amending the act of June 3, 1937 (P. L. 1333, No. 320), entitled "Pennsylvania Election Code," providing for accessibility of polls to elderly and handicapped electors.
SB 221 (Pr. No. 230) (Rereported)
AnActamendingtheactof April 9, 1929 (P. L. 177, No. 175), entitled "The Administrative Code of 1929," authorizing special leave for certain disabled veterans when required to receive treatment at a Veterans' Administration medical facility.
1991 LEGISLATIVE JOURNAL-SENATE 1109
SB 413 (Pr. No. 438) (Rereported)
An Act amending the act of June 13, 1967 (P. L. 31, No. 21), entitled "Public Welfare Code," providing for the status of payments received by foster parents.
SB 645 (Pr. No. 675) (Rereported)
An Act amending the act of June 13, 1967 (P. L. 31, No. 21), entitled "Public Welfare Code," further providing for eligibility for medical assistance.
SB 821 (Pr. No. 1138) (Rereported)
An Act amending the act of April 14, 1972 (P. L. 221, No. 63), entitled, as amended, "Pennsylvania Drug and Alcohol Abuse Control Act," requiring State correctional institutions to comply with drug and alcohol treatment standards.
SB 876 (Pr. No. 945) (Rereported)
An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, further providing for exemption from registration fees.
SB 953 (Pr. No. 1581) (Amended) (Rereported)
An Act amending the act of March 10, 1949 (P. L. 30, No. 14), entitled "Public School Code of 1949," requiring interest to be paid on certain late subsidy payments to school districts.
SB 960 (Pr. No. 1404) (Rereported)
An Act establishing the Pennsylvania Heritage Affairs Commission and prescribing its powers and duties; and providing for a director of State folklife programs and the Folklife Advisory Council.
Senator PETERSON, from the Committee on Public Health and Welfare, reported the following bill:
SB 1359 (Pr. No. 1580) (Amended)
An Act amending the act of April 14, 1972 (P. L. 221, No. 63), entitled, as amended, "Pennsylvania Drug and Alcohol Abuse Control Act," further providing for the membership, powers and duties of the Pennsylvania Advisory Council on Substance Abuse, creating single county authorities; further providing for the powers, duties and responsibilities of the department, local authorities and single county authorities, and reestablishing and continuing the Council as the Pennsylvania Board on Drug and Alcohol Abuse.
APPROVAL OF REGULATIONS
Senator BELL, from the Committee on Consumer Protection and Professional Licensure, reported the following regulations have been submitted, without objection, for approval by the Independent Regulatory Review Commission:
#16A-98, #16A-l 72, #16A-199, #16A-225, #16A-270, #16A-271, #16A-272, #16A-273 #16A-287, #16A-296 and #16A-302.
LEGISLATIVE LEAVES
Senator FISHER. Mr. President, I request temporary legislative leave for Senator Madigan and temporary Capitol leaves for Senator Pecora, Senator Loeper and Senator Robbins.
Senator STAPLETON. Mr. President, I request temporary Capitol leaves for Senator Porterfield and Senator Furno and legislative leaves for Senator Dawida and Senator Afflerbach.
The PRESIDENT. Senator Fisher requests temporary legislative leave for Senator Madigan, temporary Capitol leaves for Senator Pecora, Senator Loeper and Senator Robbins. Senator Stapleton requests temporary Capitol leaves for Senator Porterfield and Senator Furno. Senator Stapleton further asks legislative leaves for Senator Dawida and Senator Afflerbach. The Chair hears no objection. The leaves will be granted.
LEAVE OF ABSENCE
Senator STAPLETON asked and obtained leave of absence for Senator WILLIAMS, for today's Session, for personal reasons.
CALENDAR
SENATE RESOLUTION NO. 99, CALLED UP OUT OF ORDER
Senator FISHER, without objection, called up out of order from page 2 of the Calendar, Senate Resolution No. 99, entitled:
A Resolution supporting the Red Ribbon Campaign and designating the week of October 19 through 27, 1991, as "Red Ribbon Week."
On the question, Will the Senate adopt the resolution?
SENATE RESOLUTION NO. 99, ADOPTED
Senator FISHER. Mr. President, I move that the Senate do adopt Senate Resolution No. 99.
On the question, Will the Senate agree to the motion?
The yeas and nays were required by Senator FISHER and were as follows, viz:
YEAS-49
Afflerbach Furno Lincoln Rhoades Andrezeski Greenleaf Loeper Robbins Armstrong Greenwood Lynch Salvatore Baker Hart Madigan Scanlon Bel an Helfrick Mellow Schwartz Bell Holl Musto Shaffer Boda ck Hopper O'Pake Shumaker Bortner Jones Pecora Stapleton Brightbill Jubelirer Peterson Stewart Corman La Valle Porterfield Stout Dawida Lemmond Punt Tilghman Fattah Lewis Reibman Wenger Fisher
NAYS-0
A majority of the Senators having voted "aye," the question was determined in the affirmative and the resolution was adopted.
1110 LEGISLATIVE JOURNAL-SENATE OCTOBER 8,
LEGISLATIVE LEAVES CANCELLED
The PRESIDENT. The Chair recognizes the presence on the floor of Senator Porterfield and Senator Madigan and their leaves will be cancelled.
SPECIAL ORDER OF BUSINESS
GUEST OF SENATOR MICHAEL A. O'PAKE PRESENTED TO SENATE
Senator O'P AKE. Mr. President, I would appreciate if the Chair would extend its usual warm welcome to the manager of the Unemployment Compensation Office in Reading, a very faithful state employee for more than 30 years, Ms. Angeline J astrzenbski.
The PRESIDENT. Would Ms. Jastrzenbski please rise so that we can welcome you to the Chamber of the Senate of Pennsylvania, and we thank you for your long and distinguished service to the Commonwealth.
(Applause.)
GUEST OF SENATOR DAVID J. BRIGHTBILL AND SENATOR JOHN J. SHUMAKER PRESENTED TO SENATE
Senator BRIGHTBILL. Mr. President, on behalf of Senator Shumaker and myself, I would call this to the Members' attention. We have a member of the faculty from the Milton Hershey School in Hershey present to view the proceedings. He is going to make an effort to have our Members become a little bit more active in terms of the school activities. Milton Hershey School is located in Derry Township, which is Senator Shurnaker's district, and Mr. Bruce Wieder who is with us today lives in Palmyra, which is the district that I represent. I would ask that we give Mr. Wieder our traditional warm welcome.
The PRESIDENT. Would the guest of Senator Brightbill and Senator Shumaker please rise so that we can welcome you to the Chamber.
(Applause.)
RECESS
Senator FISHER. Mr. President I would ask for a recess of the Senate for the purpose of a Republican caucus.
The PRESIDENT. For the purpose of a Republican caucus, the Senate will stand in recess.
AFTER RECESS
The PRESIDENT. The time of recess having elapsed, the Senate will be in order.
SPECIAL ORDER OF BUSINESS
ANNOUNCEMENT BY THE SECRETARY
The SECRETARY. Consent has been given for the Committee on Judiciary to meet during today's Session to consider Senate Bill No. 1360.
LEGISLATIVE LEA VE CANCELLED
The PRESIDENT. The Chair recognizes the presence on the floor of Senator Loeper. His leave is cancelled.
CONSIDERATION OF CALENDAR RESUMED
THIRD CONSIDERATION CALENDAR
BILL OVER IN ORDER
SB 727 Without objection, the bill was passed over in its order at the request of Senator LOEPER.
BILL LAID ON THE TABLE
SB 1007 (Pr. No. 1456) - The Senate proceeded to consideration of the bill, entitled:
An Act amending the act ofNovember 30, 1965 (P. L. 847, No. 356), entitled "Banking Code of 1965," eliminating the requirement that two-thirds of a savings bank's directors be residents of this Commonwealth.
Upon motion of Senator LOEPER, and agreed to, the bill was laid on the table.
LEGISLATIVE LEA VE CANCELLED
The PRESIDENT. The Chair recognizes the presence on the floor of Senator Fumo. His temporary Capitol leave will be cancelled.
CONSIDERATION OF CALENDAR RESUMED
SECOND CONSIDERATION CALENDAR
BILL ON SECOND CONSIDERATION AND LAID ON THE TABLE
SB 279 (Pr. No. 288) - The Senate proceeded to consideration of the bill, entitled:
An Act amending the act of May 17, 1921 (P. L. 682, No. 284), entitled "The Insurance Company Law of 1921," requiring stock fire insurance companies to provide coverage for sinkhole damage.
Considered the second time and agreed to, Senator LOEPER. Mr. President, I move that Senate Bill
No. 279 be laid on the table. The PRESIDENT. Without objection, Senate Bill No. 279
will be laid on the table.
1991 LEGISLATIVE JOURNAL-SENATE 1111
RECESS
Senator LOEPER. Mr. President, at this time I would ask for a very brief recess of the Senate for the purpose of a meeting of the Committee on Rules and Executive Nominations to take place immediately in the Rules room at the rear of the Senate Chamber.
The PRESIDENT. For the purpose of a meeting of the Committee on Rules and Executive Nominations to take place in the Rules room at the rear of the Senate Chamber, the Senate will stand in brief recess. Would all of the Members of the Committee on Rules and Executive Nominations please proceed to the Rules room at the rear of the Senate Chamber immediately.
AFTER RECESS
The PRESIDENT. The time of recess having elapsed, the Senate will be in order.
LEGISLATIVE LEA VE CANCELLED
The PRESIDENT. The Chair recognizes the presence on the floor of Senator Pecora, whose leave is cancelled.
REPORT FROM COMMITTEE ON RULES AND EXECUTIVE NOMINATIONS
Senator SALVATORE, by unanimous consent, from the Committee on Rules and Executive Nominations, reported the following nominations, made by His Excellency, the Governor of the Commonwealth, which were read by the Clerk as follows:
JUDGE, COURT OF COMMON PLEAS, DELAWARE COUNTY
August 29, 1991.
To the Honorable, the Senate of the Commonwealth of Pennsylvania: In conformity with law, I have the honor hereby to nominate
for the advice and consent of the Senate, Maureen F. Fitzpatrick, Esquire, 10 Harmil Road, Broomall 19008, Delaware County, Twenty-sixth Senatorial District, for appointment as Judge of the Court of Common Pleas of Delaware County, to serve until the first Monday of January, 1992, vice The Honorable Rita E. Prescott, mandatory retirement.
ROBERT P. CASEY.
JUDGE, COURT OF COMMON PLEAS, LEHIGH COUNTY
September 6, 1991.
To the Honorable, the Senate of the Commonwealth of Pennsylvania:
In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Lawrence J. Brenner, Esquire, 1870 Briarcliffe Terrace, Allentown 18103, Lehigh County, Sixteenth Senatorial District, for appointment as Judge of the Court of Common Pleas of Lehigh County, to serve until the first Monday of January, 1994, vice The Honorable David E. Mellenberg, deceased.
ROBERT P. CASEY.
JUDGE, COURT OF COMMON PLEAS, NORTHAMPTON COUNTY
September 6, 1991.
To the Honorable, the Senate of the Commonwealth of Pennsylvania: In conformity with law, I have the honor hereby to nominate
for the advice and consent of the Senate, Jack A. Panella, Esquire, 8 George Court, Easton 18042, Northampton County, Eighteenth Senatorial District, for appointment as Judge of the Court of Common Pleas of Northampton County, to serve until the first Monday of January, 1994, vice The Honorable Alfred T. Williams, Jr., resigned.
ROBERT P. CASEY.
NOMINATIONS LAID ON THE TABLE
Senator SALVATORE. Mr. President, I request the nominations just read by the Clerk be laid on the table.
The PRESIDENT. The nominations will be laid on the table.
COMMUNICATIONS FROM THE GOVERNOR REPORTED FROM COMMITTEE ON RULES
AND EXECUTIVE NOMINATIONS
Senator SALVATORE, by unanimous consent, reported from the Committee on Rules and Executive Nominations, communications from His Excellency, the Governor of the Commonwealth, recalling the following nominations, which were read by the Clerk as follows:
MEMBER OF THE STATE BOARD OF MEDICINE
October 8, 1991.
To the Honorable, the Senate of the Commonwealth of Pennsylvania:
In accordance with the power and authority vested in me as Governor of the Commonwealth, I do hereby recall my nomination dated June 12, 1991 for the reappointment of Joshua A. Perper, M.D., 106 Crofton Drive, Pittsburgh 15238, Allegheny County, Forty-fourth Senatorial District, as a member of the State Board of Medicine, to serve for a term of four years or until his successor is appointed and qualified, but not longer than six months beyond that period.
I respectfully request the return to me of the official message of nomination on the premises.
ROBERT P. CASEY.
MEMBER OF THE BOARD OF TRUSTEES OF WHITE HA VEN CENTER
October 7, 1991.
1112 LEGISLATIVE JOURNAL-SENATE OCTOBER 8,
To . the Honorable, the Senate of the Commonwealth of Pennsylvania: In accordance with the power and authority vested in me as
Governor of the Commonwealth, I do hereby recall my nomination dated August 14, 1991 for the appointment of Dr. Lawrence J. Kansky, Jr., 45 Brook Lane, Mountaintop 18707, Luzerne County, Fourteenth Senatorial District, as a member of the Board of Trustees of White Haven Center, to serve until the third Tuesday of January, 1997, and until his successor is appointed and qualified, vice Patricia Hametz, Weatherly, whose term expired.
I respectfully request the return to me of the official message of nomination on the premises.
ROBERT P. CASEY.
NOMINATIONS LAID ON THE TABLE
Senator SALVATORE. Mr. President, I request the nominations just read by the Clerk be laid on the table.
The PRESIDENT. The nominations will be laid on the table.
COMMUNICATIONS FROM THE GOVERNOR TAKEN FROM THE TABLE
Senator SALVATORE, called from the table communications from His Excellency, the Governor of the Commonwealth, recalling the following nominations, which were read by the Clerk as follows:
MEMBER OF THE PENNSYLVANIA ENERGY DEVELOPMENT AUTHORITY
August 14, 1991.
To the Honorable, the Senate of the Commonwealth of Pennsylvania: In accordance with the power and authority vested in me as
Governor of the Commonwealth, I do hereby recall my nomination dated August 5, 1991, for the appointment of Andrea Quigley, 323 Short Street, Harrisburg 17112, Dauphin County, Fifteenth Senatorial District, as a member of the Pennsylvania Energy Development Authority, to serve for a term of four years or until her successor is appointed and qualified, vice Joseph Levi, II, Oil City, resigned.
I respectfully request the return to me of the official message of nomination on the premises.
ROBERT P. CASEY.
MEMBER OF THE BOARD OF TRUSTEES OF HARRISBURG STATE HOSPITAL
August 14, 1991.
To the Honorable, the Senate of the Commonwealth of Pennsylvania:
In accordance with the power and authority vested in me as Governor of the Commonwealth, I do hereby recall my nomination dated August 12, 1991 for the appointment of Angela Blackston, 148 Fawn Ridge North, Harrisburg 17110, Dauphin County, Fifteenth Senatorial District, as a member of the Board of Trustees of Harrisburg State Hospital, to serve until the third Tuesday of January, 1995, and until her successor is appointed and qualified, vice Catana Sue Reber, resigned.
I respectfully request the return to me of the official message of nomination on the premises.
ROBERT P. CASEY.
JUDGE, COURT OF COMMON PLEAS, PHILADELPHIA COUNTY
October 4, 1991.
To the Honorable, the Senate of the Commonwealth of Pennsylvania: In accordance with the power and authority vested in me as
Governor of the Commonwealth, I do hereby recall my nomination dated June 17, 1991 for the appointment of Nitza I. Quinones Alejandro, Esquire, 907 Ronnie Circle, Philadelphia 19128, Philadelphia County, Fourth Senatorial District, as Judge of the Court of Common Pleas of Philadelphia County, to serve until the first Monday of January, 1992, vice The Honorable Angelo A. Guarino, mandatory retirement.
I respectfully request the return to me of the official message of nomination on the premises.
ROBERT P. CASEY.
MEMBER OF THE BOARD OF TRUSTEES OF LAURELTON CENTER
October 4, 1991.
To the Honorable, the Senate of the Commonwealth of Pennsylvania:
In accordance with the power and authority vested in me as Governor of the Commonwealth, I do hereby recall my nomination dated June 12, 1991 for the reappointment of Emery P. Bliesmer, Ph.D., 717 Kennard Road, State College 16801, Centre County, Thirty-fourth Senatorial District, as a member of the Board of Trustees of Laurelton Center, to serve until the third Tuesday of January, 1993, and until his successor is appointed and qualified.
I respectfully request the return to me of the official message of nomination on the premises.
ROBERT P. CASEY.
MEMBER OF THE STATE BOARD OF OSTEOPATHIC MEDICINE
September 25, 1991.
To the Honorable, the Senate of the Commonwealth of Pennsylvania: In accordance with the power and authority vested in me as
Governor of the Commonwealth, I do hereby recall my nomination dated September 16, 1991 for the appointment of Nancy Hunziilker (Public Member), 142 East Pine Street, Grove City 16127, Mercer County, Fiftieth Senatorial District, as a member of the State Board of Osteopathic Medicine, to serve for a term of four years or until her successor is appointed and qualified, but not longer than six months beyond that period, vice Raymond G. Herr, Willow Street, whose term expired.
I respectfully request the return to me of the official message of nomination on the premises.
ROBERT P. CASEY.
MEMBER OF THE STATE BOARD OF PHYSICAL THERAPY
September 25, 1991.
To the Honorable, the Senate of the Commonwealth of Pennsylvania: In accordance with the power and authority vested in me as
Governor of the Commonwealth, I do hereby recall my nomination dated September 5, 1991 for the appointment of Jonathan Bigley, 24 Aquaduct Road, Duncannon 17020, Perry County,
1991 LEGISLATIVE JOURNAL-SENATE 1113
Thirty-third Senatorial District, as a member of the State Board of Physical Therapy, to serve for a term of four years and until his successor is appointed and qualified, but not longer than six months beyond that period, vice Robert F. McGinley, WilkesBarre, whose term expired.
I respectfully request the return to me of the official message of nomination on the premises.
ROBERT P. CASEY.
MEMBER OF THE BOARD OF TRUSTEES OF SHAMOKIN STATE GENERAL HOSPITAL
September 25, 1991.
To the Honorable, the Senate of the Commonwealth of Pennsylvania: In accordance with the power and authority vested in me as
Governor of the Commonwealth, I do hereby recall my nomination dated September 9, 1991 for the appointment of John P. O'Boyle, 1446 Bradley Avenue, Hummelstown 17036, Dauphin County, Fifteenth Senatorial District, as a member of the Board of Trustees of Shamokin State General Hospital, to serve until the third Tuesday of January, 1997, and until his successor is appointed and qualified, vice William Wallish, Shamokin, deceased.
I respectfully request the return to me of the official message of nomination on the premises.
ROBERT P. CASEY.
MEMBER OF THE STATE BOARD OF EXAMINERS IN SPEECH-LANGUAGE
AND HEARING
August 14, 1991.
To the Honorable, the Senate of the Commonwealth of Pennsylvania: In accordance with the power and authority vested in me as
Governor of the Commonwealth, I do hereby recall my nomination dated July 23, 1991 for the appointment of Barbara Garvey, 110 Overlook Drive, Pittsburgh 15216, Allegheny County, Thirty-seventh Senatorial District, as a member of the State Board of Examiners in Speech-Language and Hearing, to serve for a term of three years and until her successor is appointed and qualified, but not longer than six months beyond that period, vice Molly M. Daly, Pittsburgh, whose term expired ..
I respectfully request the return to me of the official message of nomination on the premises.
ROBERT P. CASEY.
MEMBER OF THE STATE BOARD OF EXAMINERS IN SPEECH-LANGUAGE
AND HEARING
September 25, 1991.
To the Honorable, the Senate of the Commonwealth of Pennsylvania: In accordance with the power and authority vested in me as
Governor of the Commonwealth, I do hereby recall my nomination dated September 9, 1991 for the appointment of Donald B. Kamerer, M.D., Eye and Ear Hospital, 230 Lothrop Street, Pittsburgh 15213, Allegheny County, Forty-third Senatorial District, as a member of the State Board of Examiners in SpeechLanguage and Hearing, to serve for a term of three years and until his successor is appointed and qualified, but not longer than six months beyond that period, vice Neal Mann, North East, whose term expired.
I respectfully request the return to me of the official message of nomination on the premises.
ROBERT P. CASEY.
MEMBER OF THE STATE TRANSPORTATION COMMISSION
September 25, 1991.
To the Honorable, the Senate of the Commonwealth of Pennsylvania: In accordance with the power and authority vested in me as
Governor of the Commonwealth, I do hereby recall my nomination dated September 9, 1991 for the appointment of Richard D. Breslin, Ph.D., 103 Airdale Road, Rosemont 19010, Montgomery County, Seventeenth Senatorial District, as a member of the State Transportation Commission, to serve for a term of six years and until his successor is appointed and qualified, but not longer than six months beyond that period, vice Larry 0. Sather, McConnellstown, whose term expired.
I respectfully request the return to me of the official message of nomination on the premises.
ROBERT P. CASEY.
MEMBER OF THE STATE BOARD OF MEDICINE
October 8, 1991.
To the Honorable, the Senate of the Commonwealth of Pennsylvania: In accordance with the power and authority vested in me as
Governor of the Commonwealth, I do hereby recall my nomination dated June 12, 1991 for the reappointment of Joshua A. Perper, M.D., 106 Crofton Drive, Pittsburgh 15238, Allegheny County, Forty-fourth Senatorial District, as a member of the State Board of Medicine, to serve for a term of four years or until his successor is appointed and qualified, but not longer than six months beyond that period.
I respectfully request the return to me of the official message of nomination on the premises.
ROBERT P. CASEY.
MEMBER OF THE BOARD OF TRUSTEES OF WHITE HAVEN CENTER
October 7, 1991.
To the Honorable, the Senate of the Commonwealth of Pennsylvania: In accordance with the power and authority vested in me as
Governor of the Commonwealth, I do hereby recall my nomination dated August 14, 1991 for the appointment of Dr. Lawrence J. Kansky, Jr., 45 Brook Lane, Mountaintop 18707, Luzerne County, Fourteenth Senatorial District, as a member of the Board of Trustees of White Haven Center, to serve until the third Tuesday of January, 1997, and until his successor is appointed and qualified, vice Patricia Hametz, Weatherly, whose term expired.
I respectfully request the return to me of the official message of nomination on the premises.
ROBERT P. CASEY.
NOMINATIONS RETURNED TO THE GOVERNOR
Senator SALVA TORE. Mr. President, I move the nominations just read by the Clerk be returned to His Excellency, the Governor.
1114 LEGISLATIVE JOURNAL-SENATE OCTOBER 8,
The motion was agreed to. The PRESIDENT. The nominations will be returned to the
Governor.
EXECUTIVE NOMINATIONS
EXECUTIVE SESSION
Motion was made by Senator SALVA TORE, That the Senate do now resolve itself into Executive Session
for the purpose of considering certain nominations made by the Governor.
Which was agreed to.
NOMINATION TAKEN FROM THE TABLE
Senator SALVA TORE. Mr. President, I call from the table
certain nomination and ask for its consideration. The Clerk read the nomination as follows:
MEMBER OF THE PENNSYLVANIA GAME COMMISSION
August 5, 1991.
To the Honorable, the Senate of the Commonwealth of Pennsylvania:
In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Mary Jane Kuziak, R. D. 8, Box 231, Danville 17821, Montour County, Twenty-seventh Senatorial District, for appointment as a member of the Pennsylvania Game Commission, to serve until the third Tuesday of January, 1993, vice Donald R. Craul, Lewisburg, terminated.
ROBERT P. CASEY.
On the question, Will the Senate advise and consent to the nomination?
The yeas and nays were required by Senator SALVATORE
and were as follows, viz:
YEAS-49
Afflerbach Furno Lincoln Rhoades
Andrezeski Greenleaf Loeper Robbins Armstrong Greenwood Lynch Salvatore Baker Hart Madigan Scanlon Belan Helfrick Mellow Schwartz Bell Holl Musto Shaffer
Bodack Hopper O'Pake Shumaker Bortner Jones Pecora Stapleton Brightbill Jubelirer Peterson Stewart
Corman La Valle Porterfield Stout Dawida Lemmond Punt Tilghman
Fattab Lewis Reibman Wenger Fisher
NAYS-0
A constitutional two-thirds majority of all the Senators having voted "aye," the question was determined in the affir
mative. Ordered, That the Governor be informed accordingly.
NOMINATIONS TAKEN FROM THE TABLE
Senator SALVATORE. Mr. President, I call from the table certain nominations and ask for their consideration.
The Clerk read the nominations as follows:
MEMBER OF THE BRANDYWINE BATTLEFIELD PARK COMMISSION
September 9, 1991.
To the Honorable, the Senate of the Commonwealth of Pennsylvania:
In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Nancy D. Lewis, 201 Long Lane, West Chester 19380, Chester County, Nineteenth Senatorial District, for appointment as a member of the Brandywine Battlefield Park Commission, to serve until December 5, 1992, and until her successor is appointed and qualified, vice Joan H. Cadwalader, Unionville, resigned.
ROBERT P. CASEY.
MEMBER OF THE PENNSYLVANIA DRUG, DEVICE AND COSMETIC BOARD
August 12, 1991.
To the Honorable, the Senate of the Commonwealth of Pennsylvania:
In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Leo Robert Kairys, M.D., 1109 Greenridge Lane, Pittsburgh 15220, Allegheny County, Forty-second Senatorial District, for appointment as a member of the Pennsylvania Drug, Device and Cosmetic Board, to serve for a term of four years or until his successor is appointed and qualified, but not longer than six months beyond that period, vice Joseph C. Toland, M.D., Meadowbrook, resigned.
ROBERT P. CASEY.
MEMBER OF THE PENNSYLVANIA DRUG, DEVICE AND COSMETIC BOARD
July 23, 1991.
To the Honorable, the Senate of the Commonwealth of Pennsylvania:
In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Gerald R. Keenan, Jr., P .0. Box 247, Quincy 17247, Franklin County, Thirty-third Senatorial District, for appointment as a member of the Pennsylvania Drug, Device and Cosmetic Board, to serve for a term of four years or until his successor is appointed and qualified, but not longer than six months beyond that period, vice Richard C. Weatherbee, Mechanicsburg, resigned.
ROBERT P. CASEY.
MEMBER OF THE PUBLIC SCHOOL EMPLOYEES' RETIREMENT BOARD
September 4, 1991.
To the Honorable, the Senate of the Commonwealth of Pennsylvania:
In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Albert R. Fondy, 2433 Pin Oak Place, Pittsburgh 15220, Allegheny County, Fortysecond Senatorial District, for reappointment as a member of the Public School Employees' Retirement Board, to serve until January l, 1994, and until his successor is appointed and qualified.
ROBERT P. CASEY.
1991 LEGISLATIVE JOURNAL-SENATE 1115
MEMBER OF THE BOARD OF TRUSTEES OF HAMBURG CENTER
July 15, 1991.
To the Honorable, the Senate of the Commonwealth of Pennsylvania: In conformity with law, I have the honor hereby to nominate
for the advice and consent of the Senate, John DelCollo, 4859 Eighth Avenue, Temple 19560, Berks County, Eleventh Senatorial District, for appointment as a member of the Board of Trustees of Hamburg Center, to serve until the third Tuesday of January, 1993, and until his successor is appointed and qualified, vice Reverend Morris F. Houck, Jr., Hamburg, deceased.
ROBERT P. CASEY.
MEMBER OF THE STATE BOARD OF PODIATRY
September 4, 1991.
To the Honorable, the Senate of the Commonwealth of Pennsylvania: In conformity with law, I have the honor hereby to nominate
for the advice and consent of the Senate, Michael A. Cibik, Esquire, 230 South Broad Street, Philadelphia 19102, Philadelphia County, Second Senatorial District, for appointment as a member of the State Board of Podiatry, to serve for a term of four years and until his successor is appointed and qualified, but not longer than six months beyond that period, vice Linda G. Glazer, Lancaster, whose term expired.
ROBERT P. CASEY.
MEMBER OF THE STATE BOARD OF PODIATRY
July 10, 1991.
To the Honorable, the Senate of the Commonwealth of Pennsylvania: In conformity with law, I have the honor hereby to nominate
for the advice and consent of the Senate, Jack Rubinlicht, D.P.M., 1241 Mettler Road, Huntington Valley 19006, Montgomery County, Twelfth Senatorial District, for appointment as a member of the State Board of Podiatry, to serve for a term of four years or until his successor is appointed and qualified, but not longer than six months beyond that period, vice Michael R. Marino, D.P.M., Pittsburgh, whose term expired.
ROBERT P. CASEY.
MEMBER OF THE STATE REAL EST A TE COMMISSION
August 20, 1991.
To the Honorable, the Senate of the Commonwealth of Pennsylvania: In conformity with law, I have the honor hereby to nominate
for the advice and consent of the Senate, Raymond H. Miley, Jr. (Public Member), 200 Old Church Road, North Wales 19454, Montgomery County, Twelfth Senatorial District, for reappointment as a member of the State Real Estate Commission to serve for a term of five years or until his successor is appointed and qualified, but not longer than six months beyond that period.
ROBERT P. CASEY.
MEMBER OF THE COUNCIL OF TRUSTEES OF SLIPPERY ROCK UNIVERSITY OF
PENNSYLVANIA OF THE STATE SYSTEM OF HIGHER EDUCATION
August 5, 1991.
To the Honorable, the Senate of the Commonwealth of Pennsylvania:
In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Joyce Catt, 139 Marvel Drive, Butler 16001, Butler County, Twenty-first Senatorial District, for appointment as a member of the Council of Trustees of Slippery Rock University of Pennsylvania of the State System of Higher Education, to serve until the third Tuesday of January, 1997, and until her successor is appointed and qualified, vice Grady Cooper, Slippery Rock, whose term expired.
ROBERT P. CASEY.
MEMBER OF THE COUNCIL OF TRUSTEES OF SLIPPERY ROCK UNIVERSITY OF
PENNSYLVANIA OF THE STA TE SYSTEM OF HIGHER EDUCATION
October 7, 1991.
To the Honorable, the Senate of the Commonwealth of Pennsylvania: In conformity with Jaw, I have the honor hereby to nominate
for the advice and consent of the Senate, Donald S. Kelly, R. R. 4, Box 334, Valencia 16059, Butler County, Twenty-first Senatorial District, for appointment as a member of the Council of Trustees of Slippery Rock University of Pennsylvania of the State System of Higher Education, to serve until the third Tuesday of January, 1997, and until his successor is appointed and qualified, vice James M. Campbell, Pulaski, whose term expired.
ROBERT P. CASEY.
MEMBER OF THE STATE BOARD OF VEHICLE MANUFACTURERS,
DEALERS AND SALESPERSONS
August 15, 1991.
To the Honorable, the Senate of the Commonwealth of Pennsylvania:
In conformity with Jaw, I have the honor hereby to nominate for the advice and consent of the Senate, Robert F. Childs, 861 East Butler Avenue, Doylestown 18901, Bucks County, Tenth Senatorial District, for appointment as a member of the State Board of Vehicle Manufacturers, Dealers and Salespersons, to serve for a term of three years and until his successor is appointed and qualified, but not longer than six months beyond that period, vice Arthur F. Loch, Reading, resigned.
ROBERT P. CASEY. MEMBER OF THE WASHINGTON CROSSING
PARK COMMISSION
July 16, 1991.
To the Honorable, the Senate of the Commonwealth of Pennsylvania:
1116 LEGISLATIVE JOURNAL-SENATE OCTOBER 8,
In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Helen A. Heinz, 1355 Edgewood Road, Yardley 19067, Bucks County, Tenth Senatorial District, for appointment as a member of the Washington Crossing Park Commission, to serve for a term of five years and until her successor is appointed and qualified, vice Sandra Kelly, Philadelphia, whose term expired.
ROBERT P. CASEY.
MEMBER OF THE WASHINGTON CROSSING PARK COMMISSION
July 16, 1991.
To the Honorable, the Senate of the Commonwealth of Pennsylvania:
In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Charles H. Steinbach, 923 Dick Avenue, Warminster 18974, Bucks County, Tenth Senatorial District, for appointment as a member of the Washington Crossing Park Commission, to serve for a term of five years and until his successor is appointed and qualified, vice Anthony Garvan, Ph.D., Spring House, whose term expired.
ROBERT P. CASEY.
MEMBER OF THE COUNCIL OF TRUSTEES OF WEST CHESTER UNIVERSITY OF
PENNSYLVANIA OF THE STA TE SYSTEM OF HIGHER EDUCATION
June 13, 1991.
To the Honorable, the Senate of the Commonwealth of Pennsylvania:
In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, The Honorable J. Curtis Joyner, 1290 Upton Circle, West Chester 19380, Chester County, Nineteenth Senatorial District, for reappointment as a member of the Council of Trustees of West Chester University of Pennsylvania of the State System of Higher Education, to serve until the third Tuesday of January, 1997, and until his successor is appointed and qualified.
ROBERT P. CASEY.
MEMBER OF THE HUNTINGDON COUNTY BOARD OF ASSISTANCE
July 16, 1991.
To the Honorable, the Senate of the Commonwealth of Pennsylvania:
In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Jody Huston (Republican), 1507 Oneida Street, Huntingdon 16652, Huntingdon County, Thirtieth Senatorial District, for appointment as a member of the Huntingdon County Board of Assistance, to serve until December 31, 1993, and until her successor is appointed and qualified, vice W. Ruth Barner, Huntingdon, resigned.
ROBERT P. CASEY.
MEMBER OF THE NORTHUMBERLAND COUNTY BOARD OF ASSISTANCE
July 9, 1991.
To the Honorable, the Senate of the Commonwealth of Pennsylvania:
In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Frank Ferrari (Democrat), 411 West Third Street, Mount Carmel 17851, Northumberland County, Twenty-seventh Senatorial District, for appointment as a member of the Northumberland County Board of Assistance, to serve until December 31, 1993, and until his successor is appointed and qualified, vice Stephen P. Renock, Watsontown, whose term expired.
ROBERT P. CASEY.
MEMBER OF THE NORTHUMBERLAND COUNTY BOARD OF ASSISTANCE
July 9, 1991.
To the Honorable, the Senate of the Commonwealth of Pennsylvania:
In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Brian Hendricks (Democrat), 116 North Poplar Street, Shamokin 17872, Northumberland County, Twenty-seventh Senatorial District, fot appointment as a member of the Northumberland County Board of Assistance, to serve until December 31, 1992, and until his successor is appointed and qualified, vice Roland Miller, Kulpmont, whose term expired.
ROBERT P. CASEY.
MEMBER OF THE NORTHUMBERLAND COUNTY BOARD OF ASSISTANCE
July 9, 1991.
To the Honorable, the Senate of the Commonwealth of Pennsylvania:
In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Henri Karpiak (Democrat), 111 Avenue E, Riverside 17868, Northumberland County, Twenty-seventh Senatorial District, for appointment as a member of the Northumberland County Board of Assistance, to serve until December 31, 1993, and until his successor is appointed and qualified, to add to complement.
ROBERT P. CASEY.
MEMBER OF THE NORTHUMBERLAND COUNTY BOARD OF ASSISTANCE
July 9, 1991.
To the Honorable, the Senate of the Commonwealth of Pennsylvania:
In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Annabelle F. Litchard (Democrat), 801 Water Street, Northumberland 17857, Northumberland County, Twenty-seventh Senatorial District, for appointment as a member of the Northumberland County Board of Assistance, to serve until December 31, 1992, and until her successor is appointed and qualified, vice Dianne M. Callahan, Shamokin, whose term expired.
ROBERT P. CASEY.
MEMBER OF THE NORTHUMBERLAND COUNTY BOARD OF ASSISTANCE
July 9, 1991.
To the Honorable, the Senate of the Commonwealth of Pennsylvania:
1991 LEGISLATIVE JOURNAL-SENATE 1117
In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Joseph Mack (Democrat), 54 South Franklin Street, Shamokin 17872 Northumberland County, Twenty-seventh Senatorial District, for appointment as a member of the Northumberland County Board of Assistance, to serve until December 31, I 991, and until his successor is appointed and qualified, vice Dennis Lentini, Kulpmont, whose term expired.
ROBERT P. CASEY.
MEMBER OF THE NORTHUMBERLAND COUNTY BOARD OF ASSISTANCE
July 9, 1991.
To the Honorable, the Senate of the Commonwealth of Pennsylvania:
In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Michael S. Repella (Republican), R. D. 1, Box 259, Elysburg 17824, Northumberland County, Twenty-seventh Senatorial District, for reappointment as a member of the Northumberland County Board of Assistance, to serve until December 31, 1992, and until his successor is appointed and qualified.
ROBERT P. CASEY.
DISTRICT JUSTICE
July 24, 1991.
To the Honorable, the Senate of the Commonwealth of Pennsylvania:
In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Thomas E. Martin, Jr., West Baltimore Pike, P. 0. Box 392, Kennett Square 19348, Chester County, Thirty-sixth Senatorial District, for appointment as District Justice in and for the County of Chester, Magisterial District 15-3-04L to serve until the first Monday of January, 1992, vice Eugene DiFilippo, Jr., resigned.
ROBERT P. CASEY.
On the question, Will the Senate advise and consent to the nominations?
The yeas and nays were required by Senator SALVATORE and were as follows, viz:
YEAS-49
Afflerbach Furno Lincoln Rhoades Andrezeski Greenleaf Loeper Robbins Armstrong Greenwood Lynch Salvatore Baker Hart Madigan Scanlon Bel an Helfrick Mellow Schwartz Bell Holl Musto Shaffer Boda ck Hopper O'Pake Shumaker Bortner Jones Pecora Stapleton Brightbill Jubelirer Peterson Stewart Corman La Valle Porterfield Stout Dawida Lemmond Punt Tilghman Fattah Lewis Reibman Wenger Fisher
NAYS-0
A constitutional majority of all the Senators having voted "aye," the question was determined in the affirmative.
Ordered, That the Governor be informed accordingly.
EXECUTIVE SESSION RISES
Senator SALVA TORE. Mr. President, I move that the Executive Session do now rise.
The motion was agreed to.
LEGISLATIVE LEA VE CANCELLED
The PRESIDENT. The Chair recognizes the presence on the floor of Senator Robbins. His temporary Capitol leave will be cancelled.
UNFINISHED BUSINESS
REPORTS FROM COMMITTEE
Senator GREENLEAF, from the Committee on Judiciary, reported the following bills:
SB 901 (Pr. No. 972)
An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, further providing for dissemination of criminal history record information.
SB 1254 (Pr. No. 1444)
An Act amending Title 54 (Names) of the Pennsylvania Consolidated Statutes, restricting the use of ''911 ''.
SB 1360 (Pr. No. 1587) (Amended)
An Act amending the act of April 9, 1929 (P. L. 177, No. 175), entitled "The Administrative Code of 1929," further providing for crime victims' compensation and for definitions; transferring the powers and duties of the Crime Victim's Compensation Board to the Bureau of Victim Services within the Pennsylvania Commission on Crime and Delinquency; further providing for crime victims' compensation eligibility and claims, for crime victims' compensation awards and subrogation, for law enforcement responsibilities relating to crime victims' compensation, for proceeds from crimes and for responsibilities of employers, service providers and insurers as to crime victims' compensation.
BILL IN PLACE
Senator STEWART presented to the Chair a bill.
SENATE RESOLUTIONS
NOTING WITH SINCERE SADNESS THE PASSING OF EDWARD T. HOAK AND
EXPRESSING HEARTFELT CONDOLENCES TO THE HOAK FAMILY
Senators PUNT, HOPPER, SHUMAKER, STAPLETON and ROBBINS offered the following resolution (Senate Resolution No. 103), which was read, considered and adopted:
In the Senate, October 8, 1991.
A RESOLUTION Noting with sincere sadness the passing of Edward T. Hoak and
expressing heartfelt condolences to the Hoak family. WHEREAS, Edward T. Hoak, State adjutant of the American
Legion for 28 years, died in Camp Hill on September 29, 1991; and
1118 LEGISLATIVE JOURNAL-SENATE OCTOBER 8,
WHEREAS, Mr. Hoak, who was 67 at the time of his death, was a member of the United States Army from May 1943 to March 1946, serving in the 749th Military Police Battalion and attaining the rank of technical sergeant; and
WHEREAS, After leaving the military, he joined the Carl LeRoy McKelvy American Legion Post 472 in Manor, serving with distinction in a number of posts and becoming State commander in 1960; and
WHEREAS, In the early 1960's he was national vice commander and assistance State adjutant and in 1963 was elected State adjutant of the American Legion, the chief administrative position of the State organization, and editor of the Pennsylvania American Legion News; and
WHEREAS, He was appointed by former Governor Milton Shapp as the governor's adviser on veterans' affairs; and
WHEREAS, Mr. Hoak served on the board of trustees of the Scotland School for Veterans' Children, serving as president of the board from 1980 to 1986; and
WHEREAS, Former Governor Richard Thornburgh appointed Mr. Hoak chairman of the committee to select a site for a veterans' home in southeastern Pennsylvania and awarded Mr. Hoak with Pennsylvania's Meritorious Service Medal in 1985;and
WHEREAS, Mr. Hoak served as council secretary and chairman of the legislative committee of the Pennsylvania War Veterans Council, and when Governor Robert Casey asked the council to select the fifth and sixth State veterans' homes, Mr. Hoak served as committee chairman; and
WHEREAS, He worked for the Department of Public Welfare of this Commonwealth in Westmoreland County and was appointed chief juvenile probation officer there in 1967; and
WHEREAS, He was a devoted husband and dedicated father; therefore be it
RESOLVED, That the Senate note with sincere sadness the passing of Edward T. Hoak whose professional and personal contributions to veterans and veterans' affairs in this Commonwealth will be long remembered; extend heartfelt condolences to his widow, Martha, his four daughters, his eight grandchildren and his sister and other members of his family; and be it further
RESOLVED, That a copy of this resolution be transmitted to the family of Edward T. Hoak.
RECOGNIZING THE ACHIEVEMENTS OF THE PARKIN SON'S DISEASE AND MOVEMENT DISORDER CENTER AND
DR. MA ITHEW B. STERN, ITS DIRECTOR
Senators SCHWARTZ, HOLL, HOPPER, FATTAH, MELLOW, BODACK, PUNT, HART, RHOADES, HELFRICK, LEMMOND, CORMAN, TILGHMAN, PETERSON, BELL, BRIGHTBILL, WENGER, ARMSTRONG, FISHER, JUBELIRER, SHAFFER, BAKER, GREENWOOD, ROBBINS, SHUMAKER, GREENLEAF, SALVATORE, FUMO, STEWART and REIBMAN offered the following resolution (Senate Resolution No. 104), which was read, considered and adopted:
In the Senate, October 8, 1991.
A RESOLUTION
Recognizing the achievements of the Parkinson's Disease and Movement Disorder Center and Dr. Matthew B. Stem, its director.
WHEREAS, The Parkinson's Disease and Movement Disorder Center at Graduate Hospital of the University of Pennsylvania in Philadelphia will soon celebrate its 10th anniversary of service; and
WHEREAS, The center has been committed for over a decade to a threefold mission of research, patient care and public and professional education; and
WHEREAS, The center is actively involved in the state-of-the art investigation of the causes, mechanisms and treatment of Parkinson's disease and other movement disorders; and
WHEREAS, The center provides diagnosis, treatment, consultative and support services annually to over 1,800 outpatients and their caregivers; and
WHEREAS, Over 5,000 persons a year participate in educational programs provided by the center for members of the public, patients and their families and health professionals; and
WHEREAS, Dr. Matthew B. Stern, director of the center, in an effort to expand the center's educational programs and foster the spirit of international collaboration, will travel to the Soviet Union to chair the first USA/USSR Joint Symposium on Parkinson's Disease; therefore be it
RESOLVED, That the Senate of Pennsylvania recognize the achievements and service of the Parkinson's Disease and Movement Disorder Center at Graduate Hospital and its director, Dr. Matthew B. Stern; and be it further
RESOLVED, That the Senate of Pennsylvania extend congratulations on the occasion of the center's 10th anniversary; and be it further
RESOLVED, That the Senate of Pennsylvania extend its best wishes to Dr. Matthew B. Stern as he travels to the Soviet Union to chair the first USA/USSR Joint Symposium on Parkinson's Disease.
CONGRATULATORY RESOLUTIONS
The PRESIDENT laid before the Senate the following resolutions, which were read, considered and adopted:
Congratulations of the Senate were extended to Sonia Sanchez by Senator Fattah.
Congratulations of the Senate were extended to Mark D. Norris by Senator Helfrick.
Congratulations of the Senate were extended to Michael P. Crotty by Senator Hopper.
Congratulations of the Senate were extended to Reverend Dr. Emerson Talmadge by Senator Jones.
Congratulations of the Senate were extended to Charles Wasserott, V and to Mr. and Mrs. Reginald J. Dean by Senator Lemmond.
Congratulations of the Senate were extended to Marlene Robinson and to Holli Bardo Quinn by Senator Lewis.
Congratulations of the Senate were extended to William J. Gerrity by Senator Mellow.
Congratulations of the Senate were extended to Stephan Bastian by Senator Salvatore.
BILLS ON FIRST CONSIDERATION
Senator BORTNER. Mr. President, I move the Senate do now proceed to consideration of all bills reported from committees for the first time at today's Session.
The motion was agreed to. The bills were as follows:
SB 424, 901, 963, 1189, 1254, 1331, 1359 and 1360.
1991 LEGISLATIVE JOURNAL-SENATE 1119
And said bills having been considered for the first time, Ordered, To be printed on the Calendar for second consid
eration.
SENATE RESOLUTION
PROCLAIMING OCTOBER 6, 1991, AS "GERMAN-AMERICAN DAY" IN PENNSYLVANIA
Senators BORTNER, SHUMAKER, O'PAKE, AFFLERBACH, MUSTO, BELAN, HOPPER, SCHWARTZ, LEWIS, SHAFFER, GREENWOOD, REIBMAN, CORMAN, BRIGHTBILL, PECORA, BODACK, HOLL, FUMO, LYNCH, FISHER, SALVA TORE, RHOADES and JONES offered the following resolution (Senate Resolution No. 105), which was read, considered and adopted:
In the Senate, October 8, 1991.
A RESOLUTION Proclaiming October 6, 1991, as "German-American Day" in
Pennsylvania. WHEREAS, It was on October 6, 1683, that the first Germans
arrived in the United States; and WHEREAS, Today, more than 60 million Americans trace at
least part of their ancestry to Germany; and WHEREAS, The sons and daughters of Germany have served
our State and this country steadfastly over the years in all fields; and
WHEREAS, In 1990, German-Americans experienced the extraordinary historical event of reunification; and
WHEREAS, German immigrants have been the staunchest supporters of the democratic values and principles of this country; and
WHEREAS, German immigrants were the first ethnics who objected to slavery; and
WHEREAS, For more than two centuries, German immigrants in the United States have built a long tradition of loyalty in both peace and war; and
WHEREAS, "German-American Day" was inaugurated in 1987 by Joint Congressional resolutions and has gained increasing popularity since its inception; and
WHEREAS, On October 6, government officials, legislators, state governors and mayors nationwide will remind Americans of the German-Americans and recall their contributions to the life and culture of the United States; and
WHEREAS, On October 6, German-Americans will remember their history and heritage and will recall their achievements and will once again pledge their unwavering support of the United States and the democratic way of life; therefore be it
RESOLVED, That the Senate proclaim October 6, 1991, as "German-American Day" in Pennsylvania and call upon all citizens to recognize the vital role German-Americans have played in the development of our State and nation.
PETITIONS AND REMONSTRANCES
Senator BORTNER. Mr. President, a short time ago I introduced a resolution designating October 6th as GermanAmerican Day. Many of the Members cosponsored that resolution. Those of us who are referred to as Pennsylvania Dutchmen perhaps do not often or do not always think of ourselves as German-Americans, but those are our roots,
whether they are recent or whether, as mine, they go back some time. In my particular case I go back eight generations when my great-great-great-great-grandfather, if I have counted that right, came from Germany and landed in Philadelphia. I was hoping Senator Furno would be here. I guess in addition to Germany I can trace my roots to Philadelphia. On the ship Adventure which was bringing immigrants to the New World from Germany, many of those people ended up living in central Pennsylvania as my family did, migrating through Berks County and Lancaster County and eventually settling in western York County where they found not only some of the most fertile soil any place in Pennsylvania or in the New World, I suppose, but also land they could afford. It is there that they settled and began raising their families.
While these immigrants did not bring with them many worldly possessions, they did bring some other things, and included among those I believe were their values: their belief in God, their strong sense of community and their work ethic, which I think has allowed them to become very successful and very productive members of their communities.
Over the last year, through 1990, as we watchecl some of the most extraordinary historical events, really in the history of the world, unfolding in Germany, I think German-Americans can feel a special sense of pride, not only with what happened in Germany but which later spread through the rest of Eastern Europe and even now with what we see going on in the Soviet Union.
So with that brief historical perspective, I offer the resolution and I thank the other Members who sponsored my resolution in designating October 6th and this week as GermanArnerican Week, and I hope everybody will join in the celebration of Octoberfest in their own communities.
RESOLUTIONS INTRODUCED AND REFERRED
The PRESIDENT laid before the Senate the following Senate Resolutions numbered, entitled and referred as follows, which were read by the Clerk:
October 8, 1991
DIRECTING THE LEGISLATIVE BUDGET AND FINANCE COMMITTEE TO STUDY
RECENT STATE TAX INCREASES IN RELATION TO SMALL BUSINESSES
Senator GREENLEAF offered the following resolution (Senate Resolution No. 101), which was read and referred to the Committee on Finance:
In the Senate, October 8, 1991.
A RESOLUTION Directing the Legislative Budget and Finance Committee to study
recent State tax increases in relation to small businesses. WHEREAS, The effect of recent State tax increases which
went into effect July 1, 1991, and October 1, 1991, on Pennsylvania small businesses is, as yet, unknown; and
WHEREAS, It was not the intent of the legislature, in enacting these tax increases, to chill job creation and economic growth in this Commonwealth; and
1120 LEGISLATIVE JOURNAL-SENATE OCTOBER 8,
WHEREAS, Despite the legislature's good intentions to the contrary, various private sources have alleged that the tax increases will indeed chill job creation and economic growth in this Commonwealth; and
WHEREAS, The legislature desires to have a study conducted to determine the veracity of these allegations; therefore be it
RESOLVED, That the Senate direct the Legislative Budget and Finance Committee to conduct a study to determine whether recent State tax increases are having a chilling effect on Pennsylvania small business, especially in the areas of job creation and economic growth; and be it further
RESOLVED, That a copy of this resolution be transmitted to: Philip R. Durgin, Exec. Dir. Legislative Budget and Finance Committee 400 Finance Bldg. P .0. Box 8737 Harrisburg, PA 17105-8737
CONGRATULATING THE TELEPHONE PIONEERS OF AMERICA ON ITS BOTH ANNIVERSARY
Senators SALVA TORE, TILGHMAN, O'P AKE, SHUMAKER, BORTNER, REIBMAN, WENGER, PORTERFIELD, CORMAN, BELL and HELFRICK offered the following resolution (Senate Resolution No. 102), which was
read and referred to the Committee on Rules and Executive Nominations:
In the Senate, October 8, 1991.
A RESOLUTION
Congratulating the Telephone Pioneers of America on its 80th Anniversary. WHEREAS, The Telephone Pioneers of America, the world's
largest industry-related service organization, is celebrating its 80th year; and
WHEREAS, It has more than 750,000 members in 12 regions throughout the United States and Canada, and they have contributed hundreds of thousands of volunteer hours to community service; and
WHEREAS, The pioneers from three Pennsylvania chapters located in Region 8, Fort Pitt, Leonard H. Kinnard and Liberty Bell, have made an outstanding contribution to the quality of life throughout this Commonwealth; and
WHEREAS, The Pennsylvania chapter members have focused on helping the elderly and the young, participated in literacy and drug abuse programs, developed annual sports jamborees for the handicapped and designed special books and games for the visually impaired; therefore be it
RESOLVED, That the Senate congratulate the Telephone Pioneers of America on its 80th Anniversary and wish it continued success and thanks for its contributions to this Commonwealth.
ANNOUNCEMENTS BY THE SECRETARY
The following announcements were read by the Secretary of
the Senate:
SENATE OF PENNSYLVANIA
COMMITIEE MEETINGS
WEDNESDAY, OCTOBER 9, 1991
9:30 A.M. MILITARY AND
VETERANS AFFAIRS
(to consider Colonel James
Room 460
4th Floor
North Wing
R. Hendrickson and Senate
Bills No. 710, 1113 and 1264,
House Bills No. 626 and 1132)
FRIDAY, OCTOBER 11, 1991
10:30 A.M. LABOR AND INDUSTRY
(Public Hearing on Senate
Bill No. 1238, which would
amend Act No. 93 of 1978,
known as the Seasonal Farm
Labor Act)
Franklin Cty
Court House
Chambersburg,
PA
FRIDAY, OCTOBER 18, 1991
9:30 A.M. JUDICIARY (Public Hearing
on problems regarding the
Bucks County Youth
Development Center)
Holiday Inn
Bucks County
Trevose, PA
ADJOURNMENT
Senator LOEPER. Mr. President, I move the Senate do now adjourn until Wednesday, October 9, 1991, at 10:30 a.m., Eastern Daylight Saving Time.
The motion was agreed to. The Senate adjourned at 3:40 p.m., Eastern Daylight
Saving Time.