COMMONWEALTH OF PENNSYLVANIA LEGISLATIVE JOURNAL · SB 1425 (Pr. No. 2058) An Act designating a...

COMMONWEALTH OF PENNSYLVANIA

LEGISLATIVE JOURNAL

WEDNESDAY, JUNE 22, 1988

SESSION OF 1988 172ND OF THE GENERAL ASSEMBLY No. 46

SENATE WEDNESDAY, June 22, 1988.

The Senate met at 3:01 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:

Eternal God, so high above us that we cannot comprehend You and yet so deep within us that we cannot escape You, make Your presence known to us this day as we go about the business of the Commonwealth. Amen.

JOURNAL APPROVED

The PRESIDENT. A quorum of the Senate being present, the Clerk will read the Journal of the preceding Session of June 21, 1988.

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.

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.

COMMITTEE OF CONFERENCE APPOINTED ON SB 613

The PRESIDENT. The Chair announces, on behalf of the President pro tempore, the appointment of Senators MOORE, MADIGAN and ZEMPRELLI as a Committee of Conference on the part of the Senate to confer with a similar committee of the House (if the House shall appoint such committee) to consider the differences existing between the two houses in relation to Senate Bill No. 613.

Ordered, That the Secretary of the Senate inform the House of Representatives accordingly.

REPORTS FROM COMMITTEES

Senator CORMAN, from the Committee on Transportation, reported the following bills:

SB 1255 (Pr. No. 2236) (Amended)

An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, further providing for the offense of driving under foreign license during suspension or revocation.

SB 1425 (Pr. No. 2058)

An Act designating a certain bridge crossing the Susquehanna River in Columbia County as the Fort McClure Veterans Memorial Bridge.

HB 1744 (Pr. No. 3528) (Amended)

A Supplement to the act of July 3, 1987 (P. L. 190, No. 26), known as the "Highway Supplement to the Capital Budget Act of 1987-1988," itemizing public highway projects to be constructed by the Department of Transportation, together with the estimated financial costs; authorizing the incurring of debt without the approval of the electors for the purpose of financing the projects to be constructed by the Department of Transportation; stating the estimated useful life of the projects; and making appropriations.

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

SB 1050 (Pr. No. 2235) (Amended) (Rereported)

An Act establishing by law an administrative investigative office under the Governor known as the Office of Inspector General for the Commonwealth of Pennsylvania; imposing powers and duties on the Inspector General; and extending the jurisdiction of the Inspector General to the Pennsylvania Turnpike Commission, the Liquor Control Board and the Public Utility Commission.


A Supplement to the act of April 1, 1863 (P. L. 213, No. 227) entitled "An act to accept the grant of Public Lands, by the United States, to the several states, for the endowment of Agricultural Colleges," making appropriations for carrying the same into effect; providing for a basis for payments of such appropriations; and providing a method of accounting for the funds appropriated.


A Supplement to the act of July 28, 1966 (3rd Sp. Sess., P. L. 87, No. 3), entitled "University of Pittsburgh-Commonwealth

2402 LEGISLATIVE JOURNAL-SENATE JUNE 22,

Act," making appropriations for carrying the same into effect; providing for a basis for payments of such appropriations; and providing a method of accounting for the funds appropriated.


A Supplement to the act of November 30, 1965 (P. L. 843, No. 355), entitled "Temple University-Commonwealth Act," making appropriations for carrying the same into effect; providing for a basis for payments of such appropriations; and providing a method of accounting for the funds appropriated.


A Supplement to the act of July 7, 1972 (P. L. 743, No. 176), entitled ''Lincoln University-Commonwealth Act,'' making appropriations for carrying the same into effect; providing for a basis for payments of such appropriations; and providing a method of accounting for the funds appropriated.


An Act making appropriations to the Trustees of the University of Pennsylvania.

SB 1448 (Pr. No. 2102)

An Act making an appropriation to the Trustees of the University of Pennsylvania for cardiovascular studies.


An Act making an appropriation to the Trustees of Drexel University, Philadelphia.


An Act making appropriations to the Thomas Jefferson University, Philadelphia.

SB 1451 (Pr. No. 2105)

An Act making an appropriation to the Trustees of Jefferson Medical College and HospitaJ of Philadelphia for a comprehensive program relating to Tay-Sachs disease.

SB 1452 (Pr. No. 2106)

An Act making an appropriation to the Franklin Institute Science Museum.

SB 1453 (Pr. No. 2107)

An Act making appropriations to St. Christopher's Hospital, Philadelphia.

SB 1454 (Pr. No. 2108)

An Act making an appropriation to the Trustees of the University of Pennsylvania for the general maintenance and operation of the University of Pennsylvania Museum.


An Act making an appropriation to the Philadelphia University of the Arts, Philadelphia.


An Act making an appropriation to the Philadelphia College of Textiles and Science.


An Act making an appropriation to the Pennsylvania College of Podiatric Medicine, Philadelphia.


An Act making an appropriation to the Philadelphia College of Osteopathic Medicine, Philadelphia.


An Act making appropriations to the Trustees of the Berean Training and Industrial School at Philadelphia.

SB 1460 (Pr. No. 2114)

An Act making an appropriation to the Academy of Natural Sciences.


An Act making appropriations to the Hahnemann University, Philadelphia.

SB 1462 (Pr. No. 2116)

An Act making an appropriation to the Museum of the Philadelphia Civic Center for maintenance and the purchase of apparatus, supplies and equipment.

SB 1463 (Pr. No. 2117)

An Act making an appropriation to the Afro-American HistoricaJ and Cultural Museum for operating expenses.


An Act making appropriations to The Medical College of Pennsylvania, East Falls, Philadelphia.


An Act making an appropriation to the Pennsylvania College of Optometry, Philadelphia.


An Act making an appropriation to the Fox Chase Institute for Cancer Research, Philadelphia, for the operation and maintenance of the cancer research program.

SB 1467 (Pr. No. 2121)

An Act making appropriations to the Wistar InstituteResearch, Philadelphia.

SB 1468 (Pr. No. 2122)

An Act making an appropriation to the Home for Crippled Children, Pittsburgh.

SB 1469 (Pr. No. 2123)

An Act making an appropriation to the Trustees of the University of Pittsburgh for the Western Psychiatric Institute and Clinic.

SB 1470 (Pr. No. 2124)

An Act making an appropriation to the Trustees of the Buhl Science Center.

SB 1471 (Pr. No. 2125)

An Act making an appropriation to the Pittsburgh Cleft Palate.

SB 1472 (Pr. No. 2126)

An Act making an appropriation to the Carnegie Museum of Natural History for maintenance and the purchase of apparatus, supplies and equipment.

1988 LEGISLATIVE JOURNAL-SENATE 2403

SB 1473 (Pr. No. 2127)

An Act making an appropriation to St. Francis Hospital, Pittsburgh.


An Act making an appropriation to the Delaware Valley College of Science and Agriculture at Doylestown.


An Act making appropriations to the Downingtown Industrial and Agricultural School, Downingtown.

SB 1476 (Pr. No. 2130)

An Act making an appropriation to the Everhart Museum in Scranton.


An Act making an appropriation to the Johnson Technical Institute of Scranton.


An Act making an appropriation to the Burn Foundation of Greater Delaware Valley.


An Act making an appropriation to the Williamson Free School of Mechanical Trades in Delaware County.

SB 1480 (Pr. No. 2134)

An Act making an appropriation to the Central Penn Oncology Group.


An Act making an appropriation to the Arsenal Family and Children's Center.

SB 1482 (Pr. No. 2136)

An Act making an appropriation to the Lancaster Cleft Palate.

SB 1483 (Pr. No. 2137)

An Act making an appropriation to the Beacon Lodge Camp.

HB 2196 (Pr. No. 2865)

An Act making appropriations from a restricted revenue account within the General Fund and from Federal augmentation funds to the Pennsylvania Public Utility Commission.

HB 2197 (Pr. No. 2861)

An Act making an appropriation from a restricted revenue account within the General Fund to the Office of Consumer Advocate.

HB 2411 (Pr. No. 3457)

An Act making appropriations from the Professional Licensure Augmentation Account and from restricted revenue accounts within the General Fund to the Department of State for use by the Bureau of Professional and Occupational Affairs in support of the professional licensure boards assigned thereto.

HB 2412 (Pr. No. 3527) (Amended)

An Act making an appropriation from the State Employees' Retirement Fund to provide for expenses of the State Employees' Retirement Board for the fiscal year July 1, 1988, to June 30, 1989, and for the payment of bills incurred and remaining unpaid at the close of the fiscal year ending June 30, 1988.

HB 2413 (Pr. No. 3212)

An Act making an appropriation from the Public School Employees' Retirement Fund to provide for expenses of the Public School Employees' Retirement Board for the fiscal year July 1, 1988, to June 30, 1989, and for the payment of bills incurred and remaining unpaid at the close of the fiscal year ending June 30, 1988.

HB 2414 (Pr. No. 3213)

An Act making appropriations from the Workmen's Compensation Administration Fund to the Department of Labor and Industry to provide for the expenses of administering The Pennsylvania Workmen's Compensation Act and The Pennsylvania Occupational Disease Act for the fiscal year July 1, 1988, to June 30, 1989, and for the payment of bills incurred and remaining unpaid at the close of the fiscal year ending June 30, 1988.

HB 2415 (Pr. No. 3214)

An Act making appropriations to the Department of General Services out of various funds for payment of rental charges to the General State Authority.

LEGISLATIVE LEAVES

Senator LOEPER. Mr. President, I request legislative leave on behalf of Senator Greenwood and a temporary Capitol leave on behalf of Senator Peterson.

Senator LINCOLN. Mr. President, I would request temporary Capitol leaves for Senator Jones and Senator Williams and legislative leaves for the day for Senator Lynch and Senator Romanelli.

The PRESIDENT. Senator Loeper requests legislative leave for Senator Greenwood and temporary Capitol leave for Senator Peterson. Senator Lincoln requests temporary Capitol leaves for Senator Jones and Senator Williams and legislative leaves for Senator Lynch and Senator Romanelli. Are there objections to the leave requests? The Chair hears none. The leaves will be granted.

LEAVES OF ABSENCE

Senator LOEPER asked and obtained leave of absence for Senator STAUFFER, for today's Session, for personal reasons.

Senator LINCOLN asked and obtained leave of absence for Senator BODACK, for today's Session, for personal reasons.


CALENDAR

BILLS WHICH HOUSE HAS NONCONCURRED IN SENATE AMENDMENTS

BILL OVER IN ORDER

HB 212 - Without objection, the bill was passed over in its order at the request of Senator LOEPER.

BILL LAID ON THE TABLE

HB 854 (Pr. No. 3324) - The Senate proceeded to consideration of the bill, entitled:

An Act amending Title 7 5 (Vehicles) of the Pennsylvania Consolidated Statutes, placing certain limitations on insurance premium increases; further providing exemptions for the use of certain sun screening materials; providing for the imposition of surcharges on persons convicted of driving under influence of alcohol or controlled substance and for the deposit of the surcharges into the Catastrophic Loss Trust Fund; repealing certain provisions relating to the Catastrophic Loss Trust Fund; mandating the offering of certain insurance coverage; further regulating compulsory judicial arbitration; and making a repeal.

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

BILLS ON CONCURRENCE IN HOUSE AMENDMENTS

SENATE AMENDS HOUSE AMENDMENTS

SB 291 (Pr. No. 1025) - 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," further providing for the powers and duties of the State Board of Education; requiring certain public employees to pay a fair share fee; and providing for objections to payment of a fair share fee.

On the question, Will the Senate concur in House amendments to Senate Bill

No. 291?

Senator LOEPER. Mr. President, I request that Senate Bill No. 291 go over in its order.

Senator LINCOLN. Mr. President, I object to Senate Bill No. 291 going over.

Senator LOEPER. Mr. President, I move that Senate Bill No. 291 go over in its order.

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

Senator LINCOLN. Mr. President, I would ask for a "no" vote on the motion for Senate Bill No. 291 to go over in its order.

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

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

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

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

Armstrong Helfrick Brightbill Hess Corman Holl Fisher Hopper Greenleaf Jubelirer Greenwood Lemmond

Afflerbach Lewis Andrezeski Lincoln Bell Lynch Furno Mellow Hankins Musto Jones O'Pake Kelley Pecora

YEAS-22

Loeper Madigan Moore Peterson Rhoades

NAYS-26

Rego Ii Reibman Rocks Romanelli Ross Salvatore

Shaffer Shumaker Tilghman Wenger Wilt

Scanlon Stapleton Stewart Stout Williams Zemprelli

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

And the question recurring, Will the Senate concur in House amendments to Senate Bill

No. 291?

MOTION TO SUSPEND RULES

Senator LINCOLN. Mr. President, under Senate Rule XV, I would move that we do now suspend the Rules in order to offer amendments to Senate Bill No. 291.

The PRESIDENT. Senator Lincoln moves that we suspend Senate Rule XV for the purpose of amending House amendments.


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

Afflerbach Andrezeski Bell Furno Hankins Jones Kelley

Armstrong Brightbill Corman Fisher Greenleaf Greenwood

Lewis Lincoln Lynch Mellow Musto O'Pake Pecora

Helfrick Hess Holl Hopper Jubelirer Lemmond

YEAS-26

Regoli Scanlon Reibman Stapleton Rocks Stewart Romanelli Stout Ross Williams Salvatore Zemprelli

NAYS-22

Loeper Shaffer Madigan Shumaker Moore Tilghman Peterson Wenger Rhoades Wilt

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

KELLEY AMENDMENT TO HOUSE AMENDMENTS

Senator KELLEY, by unanimous consent, offered the following Senate amendments No. A4570 to House amendments:

Amend Title, page 1, line 23, by striking out "PUBLIC" and inserting: State and public school


Amend Sec. 2 (Sec. 2215), page 21, lines 10 through 14, by striking out all of said lines and inserting:

"Fair share fee" shall mean the regular membershi2 dues required of members of the exclusive representative less the cost for the previous fiscal year of its activities or undertakings which were not reasonably em2Ioyed to implement or effectuate the duties of the em2Ioye organization as exclusive representative.

Amend Sec. 2 (Sec. 2215), page 21, line 20, by striking out all of said line and inserting:

Pennsylvania or a school entity. "School entity" shall mean any school district, intermediate

unit or vocational-technical school.

Amend Sec. 2 (Sec. 2215), page 22, line 12, by striking out "OBJECTIONS" and inserting: challenges

Amend Sec. 2 (Sec. 2215), page 22, line 20, by striking out "OBJECT" and inserting: challenge

Amend Sec. 2 (Sec. 2215), page 22, lines 21 through 23, by striking out all of said lines and inserting:

(1) to the 2ro2riety of the fair share fee; or

Amend Sec. 2 (Sec. 2215), page 22, line 30; page 23, lines 1 through 6, by striking out all of said lines on said pages and inserting:

{~} When a challenge is made under subsection (e)(l), such challenge shall be resolved along with all similar challenges by an im2artial arbitrator, paid for b~ the exclusive representative, and selected by the American Arbitration Association, or the Federal Mediation and Conciliation Service, 2ursuant to the Rules for Im2artial Determination of Union Fees 2romulgated by the American Arbitration Association. The decision of the impartial arbitrator shall be final and binding.

Amend Sec. 2 (Sec. 2215), page 23, line 7, by striking out "AN OBJECTION" and inserting: a challenge

Amend Sec. 2 (Sec. 2215), page 23, line 9, by striking out "OBJECTION" and inserting: challenge

Amend Sec. 2 (Sec. 2215), page 23, line 11, by striking out "OBJECTING" and inserting: challenging

Amend Sec. 2 (Sec. 2215), page 23, line 15, by striking out "OBJECTING" and inserting: challenging

Amend Sec. 2 (Sec. 2215), page 23, lines 18 through 30; page 24, lines 1 through 4, by striking out all of said lines on said pages and inserting:

(i) When a challenge is made under subsection (e)(l), the xclusive representative shall 2Iace fifty percentum (500Jo) of each e

challenged fair share fee into an interest-bearin~ escrow account u ntil such time as the challen~e is resolved by an arbitrator. When a challenge is made under subsection (e)(2), the exclusive repre-entative shall 2Iace one hundred percentum (lOOOJo) of each cha!-s

I s en~ed fair share fee into an interest-bearing escrow account l:ntil uch time as the challen~e is resolved by an arbitrator.

Amend Sec. 2 (Sec. 2215), page 24, line 5, by striking out "@" and inserting: ill

Amend Sec. 2 (Sec. 2215), page 24, line 10, by striking out ".Qd" and inserting: ill

Amend Sec. 2 (Sec. 2215), page 24, line 15, by striking out '.{M)_" and inserting: ill

Amend Sec. 2 (Sec. 2215), page 24, line 19, by striking out '@"and inserting: (m)

On the question, Will the Senate agree to the Senate amendments to House

a mendments?

Senator KELLEY. Mr. President, very briefly, this amend-m ent adds in a new definition, a substantive definition for fair

share fee which is more consistent with the Hudson decision which is a Supreme Court decision of the United States, but essentially it does not say so specifically, but it amounts to approximately 85 percent of the average union dues. It restricts, really, the fair share fee to be only the cost of repre-sentation as opposed to any activities of the fees that union dues would represent beyond representation as a bargaining unit. I think it is much more fair that way, and I recognize it is something that would say that in the concept you are paying for what you are getting only and nothing more than that that we would be obligating. In addition, the amendment also includes, you might say, the educational arm of the public employee sector, the school districts' intermediate units. I would ask for an affirmative vote. I believe it is agreed to. It is the same amendment we wanted to discuss way back in November. There has been a lot of dialogue, and the amend-ment has been circulated over that course of time, Mr. Presi-dent.

Senator LOEPER. Mr. President, may we be at ease for a moment.

The PRESIDENT. The Senate will be at ease. (The Senate was at ease.)

And the question recurring, Will the Senate agree to the Senate amendments to House

amendments?

ROCKS AMENDMENT TO KELLEY AMENDMENT

Senator ROCKS, by unanimous consent, offered the fol-lowing amendment No. A3876 to amendment No. 4570:

Amend Amendments, page 1, by inserting between lines 16 and 17:

Amend Sec. 2 (Sec. 2215), page 21, line 25, by striking out "NOTWITHSTANDING ANY" and inserting: If the

Amend Sec. 2 (Sec. 2215), page 21, line 26, by striking out "TO THE CONTRARY" and inserting: so provide

Amend Sec. 2 (Sec. 2215), page 21, line 26, by inserting after "NONMEMBER": of a collective bargaining unit

Amend Sec. 2 (Sec. 2215), page 21, line 29, by striking out "THE" where it appears the first time and inserting: To im2Ie-ment fair share agreements in accordance with subsection (b), the

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

PERSONAL PRIVILEGE

Senator LINCOLN. Mr. President, I rise to a point of per-sonal privilege.

The PRESIDENT. The gentleman from Fayette, Senator Lincoln, will state it.

Senator LINCOLN. Mr. President, I, unfortunately, was called on the phone to talk to one of our Members, and I am not sure precisely at this point what happened. I am aware that the gentleman from Delaware, Senator Loeper, withdrew his amendment to the amendment. Do I understand the gen-tleman from Philadelphia, Senator Rocks, has now risen to offer an amendment to the amendment?

The PRESIDENT. The gentleman is correct.


Senator LINCOLN. Mr. President, would the maker of the amendment to the amendment, the gentleman from Philadelphia, Senator Rocks, stand for interrogation?

The PRESIDENT. Will the gentleman from Philadelphia, Senator Rocks, permit himself to be interrogated?

Senator ROCKS. I will, Mr. President. Senator LINCOLN. Mr. President, would the gentleman

please explain the amendment to the amendment? Senator ROCKS. Mr. President, that is exactly what I was

about to do. The amendment to the amendment that I offer takes what is the status of this legislation called "agency shop" currently in front of us as it would be mandatory and amends it to what has come to be called "the negotiated amendment." It would make the law, were this to pass, read that the agency shop would exist in statute as the ability to bargain or negotiate as opposed to the mandatory.

Senator KELLEY. Mr. President, would the gentleman from Philadelphia, Senator Rocks, consent to further interrogation?


Senator ROCKS. I will, Mr. President. Senator KELLEY. Mr. President, as a matter of clari

fication between the amendment to the amendment offered by the gentleman to my amendment to Senate Bill No. 291, essentially then the gentleman's amendment to the amendment does not alter my amendment as described but, rather, would be an enlargement of the concept to amend the bill as from mandatory to negotiable. Is that correct?

Senator ROCKS. Yes, Mr. President, and if I can bring this clarification: It would take the amendment of the gentleman from Westmoreland, Senator Kelley, which I now offer an amendment to, inclusive with his amendment to have the fair share fee at 85 percent and to include school employees or teachers, as this issue has been discussed. It would now take those two concepts and make them in statute negotiable as opposed to mandatory.

Senator KELLEY. I see, Mr. President. I understand. Senator AFFLERBACH. Mr. President, will the gentleman

from Philadelphia, Senator Rocks, submit to another brief interrogation, please?


Senator ROCKS. I will, Mr. President. Senator AFFLERBACH. Mr. President, one further point

of clarification, the gentleman has just indicated that his amendment to the amendment deals with schoolteachers in terms of making the provisions bargainable. Does his amendment to the amendment also apply to state employees in terms of shifting from a mandatory provision to a bargainable provision?

Senator ROCKS. Mr. President, in answer to the question, technically, my amendment to the amendment does not do that, but the amendment that was offered by the gentleman from Westmoreland, Senator Kelley, does, so it would be inclusive of both school employees and state employees.

Senator AFFLERBACH. Mr. President, I am having a little bit of difficulty understanding this. I understand that the amendment of the gentleman, Senator Kelley, would have the bill become applicable to both state employees, which it currently does, and to school employees. Do I also understand that the gentleman's additional amendment would shift the mandatory provision currently in the bill to a bargainable provision for both the state employees and the school employees?

Senator ROCKS. Yes, Mr. President.

LEGISLATIVE LEA YES

Senator LINCOLN. Mr. President, I would request a temporary Capitol leave for Senator Furno.

The PRESIDENT. Senator Lincoln requests a temporary Capitol leave for Senator Furno.

Senator LOEPER. Mr. President, I request a temporary Capitol leave for Senator Jubelirer who has been called from the floor.

The PRESIDENT. Senator Loeper requests temporary Capitol leave for Senator Jubelirer. The Chair hears no objection. Those leaves will be granted.

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

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

YEAS-18

Bell Lewis Rocks Scanlon Furno Lincoln Romanelli Stout Hankins Lynch Ross Williams Jones O'Pake Salvatore Zemprelli Kelley Pecora

NAYS-30

Afflerbach Helfrick Mellow Shaffer Andrezeski Hess Moore Shumaker Armstrong Holl Musto Stapleton Brightbill Hopper Peterson Stewart Corman Jubelirer Regoli Tilghman Fisher Lemmond Reibman Wenger Greenleaf Loeper Rhoades Wilt Greenwood Madigan


LEGISLATIVE LEAVES CANCELLED

The PRESIDENT. The Chair recognizes the presence on the floor of Senator Williams and Senator Jubelirer and their temporary Capitol leaves will be cancelled.


amendments?

RECESS

Senator LOEPER. Mr. President, I would ask for a brief recess of the Senate for the purpose of a Republican caucus to take place immediately in the Rules Committee room at the rear of the Chamber.


Senator LINCOLN. We have no purpose for caucusing, Mr. President, but we will be here waiting to return to the Calendar.

The PRESIDENT. For the purpose of a Republican caucus to begin immediately, the Senate will stand in recess.

AFTER RECESS

The PRESIDENT. The time of recess having elapsed, the Senate will be in order.


amendments?

LEGISLATIVE LEAVES

Senator LINCOLN. Mr. President, I would request temporary Capitol leaves for Senator Hankins and Senator Lewis.

The PRESIDENT. Senator Lincoln requests temporary Capitol leaves for Senator Hankins and Senator Lewis. The Chair hears no objection. The leaves will be granted.


amendments?

RHOADES AMENDMENT TO KELLEY AMENDMENT

Senator RHOADES, by unanimous consent, offered the following amendment No. A3837 to amendment No. 4570:


Amend Title, page 1, line 24, by inserting after "FEE;": placing limitations on labor representations;

Amend Sec. 2, page 20, line 15, by striking out "A SECTION" and inserting: sections .

Amend Amendments, page 3, by inserting after line 9: Amend Bill, page 24, by inserting between lines 26 and 27: Section 2216. Representation Limitations.-Notwithstand

ing any other provision of this act to the contrary, a designated labor organization, an employe organization or other designated representative shall owe no duty to and shall have no obligation to represent any public employe, including any policeman or fireman who is not a member in good standing of the designated labor organization, employe organization or other designated representative.


Senator RHOADES. Mr. President, very simply, what the amendment does is remove any labor organization, employee organization or designated representative to represent any public employee who is not a member in good standing of that designated labor organization.

Senator LINCOLN. Mr. President, this amendment is something that could be done on a voluntary basis as far as I can see right now. The real question is not that the law forces public employee union and teacher union members to support no.nmembers by supporting them in their grievance procedure or legal procedures. To be quite honest with you, the amend-

ment just makes no sense as far as the bill is concerned, and I would ask for a "no" vote.

Senator RHOADES. Mr. President, I wish I could agree with my colleague from Fayette County. Very much do I wish I could do that, but the problem is I think this is what has generated part of this. The reason I offer this and it has been rejected by others is the fact that the courts have ruled that you must represent an employee whether he is one in good standing or not. In my situation, what I am trying to say here is I am trying to 'put it into statute to say if you are not an employee in good standing, the union or the labor organization does not have to represent you because I think as part of a fair share, being honest about it, if I do not want to, then I should not get the benefits and the whole thing. The other thing it comes down to is they are going to say the courts have ruled this, and I will say this: Why am I offering it now? Number one, the courts can change their mind. The second thing is, whoever said the courts are right all the time?

Senator KELLEY. Mr. President, will the gentleman from Schuylkill, Senator Rhoades, consent to further interrogation, please?

The PRESIDENT. Will the gentleman from Schuylkill, Senator Rhoades, permit himself to be interrogated?

Senator RHOADES. I will, Mr. President. Senator KELLEY. Mr. President, do I understand the

purpose of this amendment is to no longer make it mandatory for representation unless someone chooses to be a union member?

Senator RHOADES. That is correct, Mr. President. Senator KELLEY. Mr. President, if this amendment is

adopted, does it not go to the very heart of the argument of justification of the agency shop itself, i.e., that the main argument to support agency shop is the fact that the union is mandated by law to represent all the employees, ergo, they benefit whether they are a union member or not from the negotiation for the contract as well as representation in grievances? Is that correct?

Senator RHOADES. Mr. President, I would agree with the Senator and go from the standpoint of saying "yes,'' but it goes one step beyond. There are those employees who do not want to be in good standing, and I guess I am saying we recognize their freedom of choice, but within the choice what I am saying is you will get no benefit from us and you will receive no service from us unless you participate with us.

Senator KELLEY. So, Mr. President, if the gentleman's amendment is adopted and based on the legislative history from his answer, any negotiations in contract by assuming the enactment of this amendment by the gentleman, any contract of negotiation would only be applicable to those who are union members in good standing. Is that correct?

Senator RHOADES. Mr. President, that would be my intention.

Senator KELLEY. Mr. President, so the effect would be if we adopted this amendment and it would become enacted into law, we would have the governments involved with the respective unions that would have to negotiate with the bargaining


unit and then separately with each individual nonmember employee. Is that correct?

Senator RHOADES. Mr. President, no. I believe there was only one exclusionary bargaining agent that would be recognized.

Senator KELLEY. Mr. President, then maybe I do not understand the gentleman's earlier answers.

Senator RHOADES. Mr. President, it is almost a Catch 22 situation, if I could bring it down to that particular point, because you are damned if you do and you are damned if you do not, so you better.

Senator KELLEY. Mr. President, the point would be that the individual employees would not benefit from the negotiated contracts at all. Is that correct? If they are not i.n the union, they would not benefit from the negotiated contract?

Senator RHOADES. Right, Mr. President. Senator KELLEY. And how does the gentleman anticipate,

Mr. President, the compensation and benefits that those employees would have? What relationship, if any, would they have in the negotiation'!

Senator RHOADES. Mr. President, I do not think they would have any entitlement to those if we hold to this point. This is a point that I brought up before and said no, they have to. I am saying in this particular case if they are not in good standing, they are then not entitled to the benefits or the representation of the employee organization.

Senator KELLEY. Mr. President, but you are saying in good standing of the labor organization, which means that they must be members of the union. You are essentially either saying that it is a closed shop or they are not going to be employees at all. The essential fact here is that I am not so sure what the gentleman means, because as I read the language of his amendment to the amendment, he is essentially saying that an employee who chooses not to be a member of the bargaining unit chooses to be a nonunion employee. That member is summarily going to be no longer an employee. Are they going to be fired, discharged for cause or without cause, or are they going to have the right and entitlements to be an employee of the Commonwealth or a municipality or a school district and negotiate separately for their benefits and their salaries?

Senator RHOADES. Mr. President, I would say they would be entitled to rights under the civil rights amendments or whatever labor laws would exist; but in terms of representation by the union, if they are not members, they are not entitled to that. . Mr. President, for example, if I as a nonunion member

want to file a grievance, right now the union representative, whether they want to or not, must represent me. What I am saying is if I am a nonunion member and I have a grievance, I should not be served.

Senator KELLEY. I suppose, Mr. President, the issue then is the gentleman distinguishing between representation in the grievance process as opposed to the representation in the bargaining process, because they are two distinct aspects of representation and the language of the amendment does not make

any distinction. It just talks about representation. So, if the representation in a grievance proceeding is one thing, representation in the bargaining is another, does the gentleman distinguish in his amendment the intention between the two?

Senator RHOADES. Mr. President, I do not think the amendment would say that. It just simply says, "owe no duty to and shall have no obligation to represent any public employee .... " How far you want to carry that would be within your-

Senator KELLEY. Precisely, Mr. President, the reason for my series of questions. The gentleman's amendment to the amendment is not distinguishing at all and, therefore, says, "no obligation to represent," which would mean there is no obligation to represent them in bargaining for contract or representation in grievances. Does the gentleman agree with that?

Senator RHOADES. Yes, Mr. President. Senator KELLEY. Therefore, Mr. President, I ask the gen

tleman if he could explain what the position would be of those people who would not be in good standing, so to speak, with the union, and that must be that they would choose not to be union members. What is this status? How would it be handled? What would be the compensation for them, the benefits, if any? What would be the process by which they, with the employer, the government agency or the school district, or what have you, and how would they come about to negotiate what their compensations would be?

Senator RHOADES. Mr. President, it is my understanding as it has been explained to me through numerous conversations, that they would have no standing per se as a part of the bargaining unit.

Senator KELLEY. I understand that, Mr. President, they have no standing as part of the bargaining unit, but they do have standing as an employee. They have rights as an employee. They have a duty, correspondingly, from the employer, the public employer, to negotiate directly as individuals with them for compensation and benefits. Does the gentleman agree to that?

Senator RHOADES. Not necessarily, Mr. President. That may hold true in some cases-and I am saying some outside cases--but as it was explained to me where the exclusive bargaining unit is recognized as the only bargaining unit, that would be the only one they would be able to negotiate through.

Senator KELLEY. Is the gentleman, Mr. President, saying that I, choosing to be not in good standing, not a member of the union, would benefit under the union negotiation contract?

Senator RHOADES. Mr. President, not with this, no. Senator KELLEY. I wish the gentleman, Mr. President,

could explain how a nonmember of the union, an employee, would establish his or her rights and compensation as an employee if this amendment to the amendment is adopted and enacted into law?

Senator RHOADES. Mr. President, I do not know specifically what rights they would have aside from the bargaining unit which would be there. I would assume that they may


not have any aside from the bargaining unit. I understand that may not ride or be acceptable, but what I am basically saying is if they are not in good standing they are not entitled to representation.

Senator KELLEY. I thank the gentleman, Mr. President, very much.

Mr. President, I would, on the question, have to say that I would respectfully encourage a negative vote on the amendment to the amendment on the basis that you are either creating by this amendment to the amendment a closed shop by economic compulsion because of the answers given by the gentleman saying essentially that they have no standing, or the contrary is the individual employees who are nonunion members would have standing on an individual basis and the public employer would have to negotiate with each one of those individually. I believe that is a burden which we should not be putting on the public employer. One of the benefits of the public employee union is that governments and the public employer can negotiate with one bargaining unit and have a more expeditious discharge of the public duty. I think this amendment would be putting a burdensome, onerous issue upon the public employer, and I would urge a negative vote.

Senator BELL. Mr. President, as the gentleman from Westmoreland, Senator Kelley, interrogated he was developing answers that sounded very much like when I studied labor law before most of the people in here were born. It was called a "yellow dog contract." It was one of the most despicable labor practices, and I believe that term came out of the coal mine areas. What would happen is there would be a union contract, and then because work was hard to get the employer would go to the guy and say, "I will not pay you union wages but if you want to stay here you will take a 50 percent cut. If you do not take it, there are hungry men out there who will come in and take your job." I think this was prohibited-and I think the lady from Northampton, Senator Reibman, concurs-by the NRA or sometime around that time by the federal government, and the "yellow dog contract" was something that to working people was a very offensive measure by which their necks were ground into the dirt.

LEGISLATIVE LEA VE

Senator LINCOLN. Mr. President, Senator Scanlon has been called to his office and I would request a temporary Capitol leave for Senator Scanlon.

The PRESIDENT. Senator Lincoln requests temporary Capitol leave for Senator Scanlon. The Chair hears no objection. The leave will be granted.


Senator AFFLERBACH. Mr. President, as I listened to the exchange between the gentleman from Schuylkill, Senator Rhoades, and the gentleman from Westmoreland, Senator Kelley, I am left with the impression that the net effect of the gentleman's amendment to the amendment would be to essentially compel individuals to become members of a union. Should that amendment be adopted, it would radically alter

the context of this bill that we have been dealing with now for some months. There was never any intention by anyone to compel membership in a union, but, rather, simply to be able to assess for services rendered. On that basis, I would urge a "no" vote on the amendment.


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

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

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

YEAS-20

Armstrong Helfrick Loeper Shaffer Brightbill Hess Madigan Shumaker Corman Hopper Moore Tilghman Fisher Jubelirer Peterson Wenger Greenwood Lemmond Rhoades Wilt

NAYS-28

Affler!Jach Jones O'Pake Salvatore Andrezeski Kelley Pecora Scanlon Bell Lewis Regoli Stapleton Furno Lincoln Reibman Stewart Greenleaf Lynch Rocks Stout Hankins Mellow Romanelli Williams Holl Musto Ross Zemprelli



amendments?

MOTION TO RECONSIDER

Senator PECORA. Mr. President, I wish to move that the vote by which Senator Rocks' amendment No. A3876, was defeated be reconsidered.

The PRESIDENT. Senator Pecora moves that the vote by which the Rocks amendment was defeated be reconsidered.

The motion was agreed to.


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

change my vote from "no" to "aye." The PRESIDENT. The gentleman will be so recorded. Senator ROSS. Mr. President, I would like to change my

vote from "no" to "aye." The PRESIDENT. The gentleman will be so recorded. Senator STEW ART. Mr. President, I would like to change

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

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


Bell Lincoln Furno Lynch Hankins Mellow Jones O'Pake Kelley Pecora Lewis

Afflerbach Greenwood Andrezeski Helfrick Armstrong Hess Brightbill Holl Corman Hopper Fisher Jubelirer Greenleaf Lemmond

YEAS-21

Rocks Romanelli Ross Salvatore Scanlon

NAYS-27

Loeper Madigan Moore Musto Peterson Rego Ii Reibman

Stewart Stout Tilghman Williams Zemprelli

Rhoades Shaffer Shumaker Stapleton Wenger Wilt


LEGISLATIVE LEAVES

Senator LINCOLN. Mr. President, I request temporary Capitol leaves for Senator Mellow and Senator Williams.

The PRESIDENT. Senator Lincoln requests temporary Capitol leaves for Senator Mellow and Senator Williams. The Chair hears no objection. The leaves will be granted.


amendments?

CORMAN AMENDMENT TO KELLEY hMENDMENT

Senator CORMAN, by unanimous consent, offered the following amendment No. A3861 to amendment No. 4570:

Amend Amendments, page 1, by inserting before line 1:

Amend Title, page 1, line 21, by inserting after ''Edueatioa.'': requiring the Auditor General to periodically audit the affairs of the Pennsylvania Turnpike Commission;


Section 1. Section 706 of the act of April 9, 1929 (P .L.177, No.175), known as The Administrative Code of 1929, is amended to read:

Section 706. Auditor General.-.@}_ The Auditor General shall exercise such powers and perform such duties as may now or hereafter be vested in and imposed upon him by the Constitution and the laws of this Commonwealth.

(b) In addition to any other duties imposed by law, the Auditor General shall, on a quadrennial basis, conduct a financial audit and a compliance audit of the affairs and activities of the Pennsylvania Turnpike Commission.

(c) The Auditor General shall submit to the chairpersons of the Senate Committee on Transportation and the House of Representatives Committee on Transportation copies of the completed quadrennial audits of the Pennsylvania Turnpike Commission. @) All cost incurred by the Auditor General in the performance of the quadrennial audits of the Pennsylvania Turnpike Commission shall be paid by the Pennsylvania Turnpike Commission.

Amend Sec. 1, page 16, line 7, by striking out "1" and inserting: 2

Amend Sec. 1, page 16, lines 7 and 8, by striking out "OF APRIL 9, 1929" in line 7 and all of line 8 and inserting a comma


Amend Amendments, page 3, by inserting after line 9: Amend Sec. 3, page 24, line 27, by striking out "3" and inserting: 4



On the qu~stion, Will the Senate agree to the amendment to the amendment?

Senator CORMAN. Mr. President, my amendment really has nothing to do with the main issue involved in this particular bill. It is merely looking for a vehicle to ride along. On November 16, 1987, we passed Senate Bill No. 105, Printer's No. 1490, and it has not received attention yet in the House. This amendment is an idea of the Legislative Budget and Finance Committee. When they audited the Turnpike, they suggested that the Auditor General should be auditing the Turnpike on some regular basis, and this particular amendment would say: "In addition to any other duties imposed by law, the Auditor General shall, on a quadrennial basis, conduct a financial audit and a compliance audit of the affairs and activities of the Pennsylvania Turnpike Commission."

Senator LINCOLN. Mr. President, by virtue of the maker of this amendment's admission it really has nothing to do with the bill, and this particular piece of legislation, being one that is at the very least somewhat controversial and, I think, one that is very difficult for each and every Member, no matter how they feel on this issue, to deal with, I think in light of that fact that voting on this bill in its final form, "yes" or "no" on the issue alone, is weight enough on each Member. I would ask for a negative vote.

Senator BELL. Mr. President, I sponsored a bill to this effect, and I was Chairman of the Legislative Budget and Finance Committee that made the recommendation. But, you know a farmer knows that a flower placed in the wrong place is a weed, and this flower is put in the wrong place.


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

YEAS-24

Armstrong Helfrick Loeper Salvatore Brightbill Hess Madigan Shaffer Corman Holl Moore Shumaker Fisher Hopper Peterson Tilghman Greenleaf Jubelirer Rhoades Wenger Greenwood Lemmond Rocks Wilt

NAYS-24

Afflerbach Kelley O'Pake Scanlon Andrezeski Lewis Pecora Stapleton Bell Lincoln Rego Ii Stewart Furno Lynch Reibman Stout Hankins Mellow Romanelli Williams Jones Musto Ross Zemprelli


1988 LEGISLATIVE .JOURNAL-SENATE 2411


amendments?

LOEPER AMENDMENT I TO KELLEY AMENDMENT

Senator LOEPER, by unanimous consent, offered the following amendment No. A3848 to amendment No. 4570:

Amend Amendments, page 1, by inserting before line 1:

Amend Title, page 1, line 21, by inserting after "Bdueatioa.": providing that bond counsel to perform legal services necessary with respect to the issuance of State general obligation bonds or notes or other bonds and notes shall be selected on a competitive bid basis;



Amend Sec. 1, page 16, line 7 by inserting a comma after "ACT"

Amend Sec. 1, page 16, lines 7 and 8, by striking out "OF APRIL 9, 1929" in line 7 and all of line 8


Amend Amendments, page 3, by inserting after line 9: Amend Sec. 3, page 24, line 27, by striking out "3" and

inserting: 4 Amend Sec. 4, page 25, line 9, by striking out "4" and insert

ing: 5 Amend Sec. 5, page 25, line 12, by striking out "5" and

inserting: 6


Senator LOEPER. Mr. President, this amendment essen-tially would amend the Administrative Code to deal with the selections of bond counsel for the Commonwealth in the Governor's Office as well as the State Treasurer and Auditor General. It would provide that bond counsel be put out on a competitive bidding contract, and the lowest responsible bidder would be awarded the work. In addition to that, it would also set criteria that would have to be evaluated for each bidder submitting a bid for the work.

Senator KELLEY. Mr. President, will the gentleman from Delaware, Senator Loeper, consent to interrogation, please?

The PRESIDENT. Will the gentleman from Delaware, Senator Loeper, permit himself to be interrogated?

Senator LOEPER. I will, Mr. President. Senator ~LLEY. Mr. President, I note that the language

as well as the description given by the gentleman for the amendment to the amendment only applies to the Commonwealth of Pennsylvania and the executive agencies defined in the Commonwealth Attorney's Act. Is there some reason why the gentleman does not include school districts and municipalities for the bond issuing authorities?

Senator LOEPER. Yes, Mr. President. Since we were dealing with the Administrative Code, we felt that in order to make the amendment germane we should only deal with state agencies.

Senator KELLEY. I thank the gentleman, Mr. President, and he makes a very strong point that if we are going to enunciate a public policy of this nature and of this magnitude and be concerned with thinking in terms of saving money of the. public purse, how does the gentleman, Mr. President, pose or defend the idea that we are only doing it with the Commonwealth and the agencies of the Commonwealth, while not doing it with all the other authorities and municipalities in the Commonwealth that have the authority to issue bonds? The reason I raise this, Mr. President, is-and I ask the gentleman to consider this in his response-immediate calculation would be that more dollar value of bonds are issued by the non-Commonwealth and agencies of the Commonwealth than by the other authorities in municipal governments and agencies in the Commonwealth. Would the gentleman please explain the justification therefor?

Senator LOEPER. Yes, Mr. President. Apparently those agencies that were outlined would have that option of doing that currently, and they have not chosen thus far to take that kind of an option. It is my view that we should start this program someplace, and we felt this could be a very appropriate place to begin with it.

Senator KELLEY. I thank the gentleman, Mr. President. Commenting on the amendment to the amendment, Mr.

President, it has been suggested that I paraphrase, if not precisely repeat the language of the gentleman from Delaware's colleague from the County of Delaware about a weed being a misplaced flower among others. In this particular case, the gentleman's next door neighbor, the Majority Leader of this Body, has time and time again on the presentation of amendments come before this Body and used the argument of the fact that this suggestion involves an issue of a magnitude that is independent and can stand alone, and where I agree with what the gentleman is trying to achieve, it would appear to me that the ideal way would be to go through the traditional process of committee hearings and try to incorporate this responsibility and this process and procedure with all levels dealing with the public purse where they are issuing bonds. Let us find out how much money is involved and what monies of the public purse at all levels would be saved by this policy.


I suggest, Mr. President, that this is a weed as far as the leg-islative process goes. While the merits of the issue may be noble, it is not a sufficient justification. I would urge the argument of the Majority Leader, the gentleman from Chester, Senator Stauffer, who so often has given us that this issue deserves its own process in the legislative procedures. For that reason, I would urge a negative vote.

Senator LINCOLN. Mr. President, I will repeat only what I said on the Corman amendment, that the issue we are dealing with in Senate Bill No. 291 is a very difficult issue, one that I know that of the fifty Members of this Senate, there are a number of different opinions, and to put them together in a particular piece of legislation is difficult enough as it is. I respect everyone's position on this piece of legislation. It is not an easy piece of legislation to deal with. For that reason, I would ask that whenever we do make a final vote on it, it be on that issue and nothing else, and I would urge a negative vote.

LEGISLATIVE LEA VE CANCELLED

The PRESIDENT. The Chair recognizes the presence on the floor of Senator Jones. Her temporary Capitol leave will be cancelled.


The yeas and nays were required by Senato~ LOEPER and were as follows, viz:


A A

fflerbach ndrezeski

Bell umo F

H an kins Jones


Kelley Lewis Lincoln Lynch Mellow Musto

YEAS-24

Loeper Salvatore Madigan Shaffer Moore Shumaker Peterson Tilghman Rhoades Wenger Rocks Wilt

NAYS-24

O'Pake Scanlon Pecora Stapleton Rego Ii Stewart Reibman Stout Romanelli Williams Ross Zemprelli

Less than a majority of the Senators having voted "aye,"

t he question was determined in the negative.

POINT OF PARLIAMENTARY PROCEDURE

Senator LOEPER. Mr. President, I rise to a question of p arliamentary procedure on the last vote.

The PRESIDENT. The gentleman from Delaware, Senator L oeper, will state it.

Senator LOEPER. Mr. President, is my understanding c orrect that the vote was 24-24?

The PRESIDENT. The gentleman is correct. Senator LOEPER. Does the Chair wish to exercise its privi-

ege in casting a vote on the amendment? The PRESIDENT. The Chair does not.

And the question recurring,

Will the Senate agree to the Senate amendments to House amendments?

LOEPER AMENDMENT II TO KELLEY AMENDMENT

Senator LOEPER, by unanimous consent, offered the fol-lowing amendment No. A3835 to amendment No. 4570:

Amend Amendments, page I, by inserting between lines 3 and 4:

Amend Title, page 1, line 25, by removing the period after "FEE" and inserting: establishing a temporary municipal finan-cial assistance program; imposing additional powers and duties on the Department of Community Affairs; making an allocation; and making a repeal.

Amend Amendments, page 3, by inserting after line 9:

Amend Bill, page 24, by inserting between lines 26 and 27: Section 3. The act is amended by adding an article to read:

ARTICLE XXV-D MUNICIPAL FINANCIAL ASSISTANCE PROGRAM Section 2501-D. Short Title.-This article shall be known

and may be cited as the "Pennsylvania Interim Municipal Aid Program Act."

Section 2502-D. Declaration of Policy.-The Federal revenue-sharing program has served to provide Pennsylvania munici2alities with a significant portion of their annual revenue since the program was established in 1972. The direct allocation of these Federal revenues enabled local governments to indepen-dently 2rovide vital public services to the citizens of their commu-nities. While high guality services are essential to local economic growth and development, the loss of Federal revenue-sharing funds, occurring as it has in a 2eriod of economic transition for Pennsylvania, has left munici2al corporations in a difficult 2osi-tion. In order to continue to 2rovide necessary services and enable municipal governments to remain or become economically com2etitive, local governments must seek alternative sources of funding to maintain or expand their present revenue base. A sig-nificant alternative would be the enactment of local tax reform which could maintain existing municiQal revenues while treating the local tax2ayer more fairly. However, there is a need to im2le-ment an interim munici2al aid program which would augment the flow of tax dollars to municipal corporations and serve as a bridge between Federal revenue sharing and local tax reform. This can be achieved through the one-time sharing of State tax revenues distributed on the basis of munici2aI need.

Section 2503-D. Definitions.-As used in this article: "De2artment" means the De2artment of Community Affairs

of the Commonwealth. "Market valuation" means the valuation Qiaced upon a

municipal corporation's taxable real pro2erty by the State Tax Equalization Board.

"Municipal cor2oration" means any city, borough, incor20-rated town, township or home rule munici2ality which is not a county. --.-.personal income valuation" means the valuation of a municipal corporation's total taxable income for the tax year pre-ceding the immediate prior year, determined under Article III of the act of March 4, 1971 (P.L.6, No.2), known as the "Tax Reform Code of 1971," for each municipal cor2oration each year by the Secretary of Revenue and certified to the Secretary of Community Affairs.

"Po2ulation" means the number of Qeople in each munici2aI cor2oration as finally determined by the Federal Census Bureau in the most recent intercensal 202ulation estimate report.

Section 2504-D. Pennsylvania Interim Municipal Aid Program.-(a) There is hereby established the Penns}'.lvania Interim Munici2al Aid Program, which shall provide a one-time


distribution of the interim aid to municipal corporations for any use authorized by the corporated powers of the municipal corporation. ---o;) The one-time distribution of interim aid shall be in the form of quarterly payments to each municipal corporation. The first payment shall be made within thirty (30) days of the effective date of this article and shall consist of twenty-five per centum (25o/o) of the total allocation. The remaining payments, each comprising twenty-five per centum 250/o of the total allocation, shall be made during the following three calendar quarters.

Section 2505-D. Calculation of One-Time Distribution.(a) For purposes of distribution to a municipal corporation under section 2504-D(b), the Commonwealth's method of determining the distribution of the interim aid to each municipal corporation shall be based on the combined market value and income wealth per capita for each municipal corporation, and shall be computed as follows:

(1) (i) Divide the per capita market value of the municipal corporation by the per capita market value of the Commonwealth. -m) Subtract the resultant amount in (l)(i) from 2.000. The resulting factor to be used for all calculations shall not be less than .667.

(iii) Multiply the factor in (l)(ii) by the population of the municipal corporation.

(iv) Multiply the result in {l){iii) by one-half of the Statewide per capita amount appropriated to determine the market value portion of the aid.

(2) (i) Divide the personal income of the municipal corporation by the average per capita personal income of the Commonw.ealth. -----cH) Subtract the resultant amount in (2)(i) from 2.000. The resulting factor to be used for all calculations shall not be less than .667.

(iii) Multiply the factor in (2)(ii) by the population of the municipal corporation.

(iv) Multiply the result in (2)(iii) by one-half of the Statewide per capita amount appropriated to determine the income portion of the aid.

(3) Add the market value portion of the aid to the income portion of the aid to determine the total amount of interim aid that shall be distributed to each municipal corporation.

(4) The per capita amount of interim aid distributed to any municipal corporation shall not be more than two times the Statewide per capita amount appropriated nor less than two-thirds of . he Statewide per capita amount appropriated.

(b) In addition to the distribution in subsection (a), an urban supplement shall be distributed as follows:

(1) Cities of the first class shall receive an additional $2 per capita.

(2) Cities of the second class shall receive an additional $1 per capita.

(3) Cities of the second class A and cities of the third class shall receive an additional 50¢ per capita.

(c) No municipal corporation shall receive aid under this article which exceeds one hundred per centum (lOOOJo) of funds received from Federal revenue sharing in Federal fiscal year 1985.

Section 2506-D. Administration.-(a) The department shall be responsible for administering the provisions of this article, including calculations, distributions, determinations and other factors provided for in this act.

(b) The Auditor General shall audit each municipal corporation receiving any distribution within two years of the effective date of this article.

Section 2507-D. Rules and Regulations.-The department shall promulgate appropriate rules and regulations necessary to carry out the provisions of this article.

Section 2508-D. Appeals.-Any municipal corporation aggrieved by a decision or determination of the department may appeal that decision or determination in accordance with Title 2. of the Pennsylvania Consolidated Statutes (relating to administrative law and procedure).

Section 2509-D. Allocation.-The sum of one hundred million dollars ($100,000,000) or as much thereof as may be necessary, from the funds appropriated to the Department of Community Affairs for State aid to municipalities in conjunction with local tax reform on section 210 of the act of July 3, 1987 (P .L.459, No.9A), known as the "General Appropriation Act of 1987."


Amend Sec. 4, page 25, line 9, by striking out "4" and inserting: 5 (a)

Amend Sec. 4, page 25, by inserting between lines 11 and 12:

(b) The prohibition on expenditure or disbursement of funds appropriated to the Department of Community Affairs for State aid to municipalities in conjunction with local tax reform until the General Assembly enacts enabling legislation during the special legislative session called for the purpose of reforming Pennsylvania's local tax structure contained in section 210 of the act of July 3, 1987 (P.L., No.9A), known as the "General Appropriation Act of 1987," is repealed insofar as it relates to the funds allocated in section 2510-D of this act.

Amend Sec. 5, page 25, line 12, by striking out all of said line and inserting:

Section 6. This act shall take effect as follows: (1) Sections 2501-D through 2509-D shall take effect

January 1, 1989. (2) The remainder of this act shall take effect immedi-

ately.


Senator LOEPER. Mr. President, this amendment once again would address the Administrative Code and would provide for a municipal financial assistance program in the amount of $100 million, a revenue-sharing program, back to our local municipalities which would provide a bridge for the lost monies that the municipalities have not been able to have.

Senator LINCOLN. Mr. President, I will repeat for the third time in the last five minutes that as in the Corman amendment and the previous Loeper amendment, the bill we have in front of us is one of extreme difficulty for a lot of Members in how they are going to vote. It is something we discussed for many, many months through several Sessions of this General Assembly. I would appreciate it if we would have an opportunity, if not today then on Monday or Tuesday of next week, to finally vote "yes" or "no" on whether we believe in agency shop or not, and to complicate that with any extraneous issues I think is more than we should ask of each individual Member, and I would urge a "no" vote.

Senator LOEPER. Mr. President, I would simply point out to the Members that this particular amendment is essentially the same amendment that was in the Special Session House Bill No. 9 with its distribution formula that we passed here in the Senate earlier this afternoon and that it was done in a bipartisan fashion in the earlier Special Session, and I would certainly hope we could see fit to support the same position this time and ask for an affirmative vote.


Senator LINCOLN. Mr. President, I thank the gentleman for further supporting the issue on my behalf in that this vote is not necessary at this time, because I am certain that the bill we passed with this particular amendment in it today will be given a fair and adequate hearing in the House of Representatives, and I really see no necessity whatsoever for including it in this piece of legislation.


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

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

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

YEAS-24

Armstrong Helfrick Loeper Salvatore Brightbill Hess Madigan Shaffer Corman Holl Moore Shumaker Fisher Hopper Peterson Tilghman Greenleaf Jilbelirer Rhoades Wenger Greenwood Lemmond Rocks Wilt

NAYS-24

Afflerbach Kelley O'Pake Scanlon Andrezeski Lewis Pecora Stapleton Bell Lincoln Rego Ii Stewart Furno Lynch Reibman Stout Hankins Mellow Romanelli Williams Jones Musto Ross Zemprelli



amendments?

QUESTION DIVIDED

Senator LOEPER. Mr. President, I would request to divide the question on the Kelley amendment.

The PRESIDENT. Would the gentleman suggest how he would like the issue divided?

The Senate will be at ease. (The Senate was at ease.) The PRESIDENT. Senator Loeper divides the Kelley

amendment and asks for a vote on the first and third amendment clauses only.

Senator KELLEY. Mr. President, for an explanation and clarification, we are voting on that part of the amendment which would embrace and include public school employees. Is that correct?

The PRESIDENT. The gentleman is correct.

On the question, Will the Senate agree to the first and third

clauses of the amendment? amendment

(During the calling of the roll, the following occurred:)

Senator FISHER. Mr. President, I would like to change my vote from "no" to "aye."

The PRESIDENT. The gentleman will be so recorded. Senator PECORA. Mr. President, I would like to change

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

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

Afflerbach Andrezeski Bell Fisher Furno Greenleaf Hankins Helfrick Jones

Armstrong Brightbill Corman Greenwood

Kelley Lemmond Lewis Lincoln Lynch Mellow Moore Musto O'Pake

Hess Holl Hopper

YEAS-35

Pecora Rego Ii Reibman Rhoades Rocks Romanelli Ross Salvatore Scanlon

NAYS-13

Jubelirer Loeper Madigan

Shaffer Shumaker Stapleton Stewart Stout Williams Wilt Zemprelli

Peterson Tilghman Wenger

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

On the question, Will the Senate agree to the remaining portion of the Kelley

amendment?

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

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

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

YEAS-24

Afflerbach Lewis Pecora Singe! Andrezeski Lincoln Rego Ii Stapleton Bell Lynch Reibman Stewart Furno Mellow Romanelli Stout Hankins Musto Ross Williams Jones O'Pake Scanlon Zemprelli Kelley

NAYS-24


The PRESIDENT. The Chair exercises its constitutional prerogative to vote and will vote "aye." Therefore, the official vote is as follows:

YEAS-25

Afflerbach Lewis Pecora Singe I Andrezeski Lincoln Rego Ii Stapleton Bell Lynch Reibman Stewart Furno Mellow Romanelli Stout Hankins Musto Ross Williams Jones O'Pake Scanlon Zemprelli


Kelley



NAYS-24

Loeper Madigan Moore Peterson Rhoades Rocks

The President

Salvatore Shaffer Shumaker Tilghman Wenger Wilt


The PRESIDENT. Senate Bill No. 291 will go over in its order, as amended.

SENATE CONCURS IN HOUSE AMENDMENTS

SB 1022 (Pr. No. 2160) -The Senate proceeded to consideration of the bill, entitled:

An Act amending Title 66 (Public Utilities) of the Pennsylvania Consolidated Statutes, providing for the price a public utility shall pay and the charges which may be imposed on ratepayers for electricity generated by a qualifying facility that burns coal mined in a foreign country; prohibiting public utilities that furnish water from imposing a certain charge; and providing for decision deadlines for rates.

Senator LOEPER. Mr. President, I move the Senate do concur in the amendments made by the House to Senate Bill No. 1022.


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

YEAS-48

Afflerbach Hess Mellow Salvatore Andrezeski Holl Moore Scanlon Armstrong Hopper Musto Shaffer Bell Jones O'Pake Shumaker Brightbill Jubelirer Pecora Stapleton Corman Kelley Peterson Stewart Fisher Lemmond Rego Ii Stout Furno Lewis Reibman Tilghman Greenleaf Lincoln Rhoades Wenger Greenwood Loeper Rocks Williams Hankins J..ynch Romanelli Wilt Helfrick Madigan Ross Zemprelli

NAYS-0


Ordered, That the Secretary of the Senate inform the House of Representatives accordingly.

BILL OVER IN ORDER

SB 1167 - Without objection, the bill was passed over in its order at the request of Senator LOEPER.

THIRD CONSIDERATION CALENDAR

BILLS OVER IN ORDER

HB 389 and SB 395 - Without objection, the bills were passed over in their order at the request of Senator LOEPER.

BILL ON THIRD CONSIDERATION AND FINAL PASSAGE

BB 423 (Pr. No. 3482) -The Senate proceeded to consideration of the bill, entitled:

An Act authorizing the Department of Transportation, with the approval of the Governor, to convey to the Borough of Shamokin Dam two parcels of land in the Borough of Shamokin Dam, Snyder County, Pennsylvania; and authorizing the Secretary of Environmental Resources to add certain parcels of land situate in Jefferson Township, Somerset County, to Forbes State Forest.

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?


YEAS-48

Afflerbach Hess Mellow Salvatore Andrezeski Holl Moore Scanlon Armstrong Hopper Musto Shaffer Bell Jones O'Pake Shumaker Brightbill Jubelirer Pecora Stapleton Corman Kelley Peterson Stewart Fisher Lemmond Regoli Stout Furno Lewis Reibman Tilghman Greenleaf Lincoln Rhoades Wenger Greenwood Loeper Rocks Williams Hankins Lynch Romanelli Wilt Helfrick Madigan Ross Zemprelli

NAYS-0


Ordered, That the Secretary of the Senate return said bill to the House of Representatives with information that the Senate has passed the same with amendments in which concurrence of the House is requested.

BILL ON THIRD CONSIDERATION AMENDED

HB 750 (Pr. No. 3112) -The Senate proceeded to consideration of the bill, entitled:

An Act providing for abandoned mine subsidence emergency assistance.

Considered the third time,

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

lowing amendment No. A3582:

Amend Bill, page 6, by inserting between lines 11and12: Section 8. Repeals.

The act of November 8, 1971 (P .L.532, No.136), entitled "An act providing assistance to persons suffering damage from mine subsidence, is repealed.



Amend Sec. 8, page 6, line 13, by striking out "within five years of'' and inserting: five years from

Amend Sec. 9, page 6, line 15, by striking out "9" and insert-ing: 10

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 FISHER.

BILLS ON THIRD CONSIDERATION AND FINAL PASSAGE

SB 1171 (Pr. No. 2170) -The Senate proceeded to consideration of the bill, entitled:

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





YEAS-48

Afflerbach Hess Mellow Salvatore Andrezeski Holl Moore Scanlon Armstrong Hopper Musto Shaffer Bell Jones O'Pake Shumaker Brightbill Jubelirer Pecora Stapleton Corman Kelley Peterson Stewart Fisher Lemmond Regoli Stout Furno Lewis Reibman Tilghman Greenleaf Lincoln Rhoades Wenger Greenwood Loeper Rocks Williams Hankins Lynch Romanelli Wilt Helfrick Madigan Ross Zemprelli

NAYS-0


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


An Act providing for the regulation of storage tanks and tank facilities; imposing additional powers and duties on the Department of Environmental Resources and the Environmental Quality Board; and making an appropriation.




Senator FISHER. Mr. President, Senate Bill No. 1328 which is presently before the Senate is a bill that has been brought here as a result of a lot of hard work by Members of the Committee on Environmental Resources and Energy and is as a result of a very unfortunate and a nearly disastrous event which occurred in Allegheny County in my Senatorial district on January 2nd of this year. Around 6:00 a.m. on January 2nd, we had an oil spill of over three million gallons

of fuel oil which leaked into the Monongahela River. Seven hundred and fifty thousand gallons of that fuel oil which got into the river polluted the water supply for not only the users in Allegheny County, but on downstream into Beaver County, into West Virginia and into Ohio. As a result of this oil spill, we were able to learn a number of facts which quite frankly to me, as a Senator from that area and as the chairman of this committee, were very shocking. One was that this

State has virtually no permit system for storage tanks. Two, the permit syst~m that was in place resulted in this storage tank, a three and a half million gallon tank, being built without a permit. People obviously knew it was there. You

could see it. There was a lot of construction that was done and steel was brought in from Cleveland, but there was no permit for it. Thirdly, when we began our investigation, we tried to ascertain how many other tanks there were in the Common

wealth. Until this day I have never received a satisfactory answer to that. I do not blame anybody for not being able to produce that answer. That fact is just not there. No one knows. There are no records of aboveground storage tanks, whether they be large or small. There are no records for underground storage tanks. Mr. President, I believe this entire situation, as regrettable as it was, at least brought us to the point where we have before us an opportunity to have leg

islation in this state which will provide us some information but, more important, some safety, some environmental safety, for the people of this Commonwealth. This bill which is before us will regulate and provide for permitting registra

tion of aboveground storage tanks, those over 21,000 gallons and those below, plus it will provide for the first time in this Commonwealth that we will have an underground storage tank program. Presently, Pennsylvania is one of only six states in the nation that does not have an underground storage tank program and, in fact, as a result of that, if this legislation were not passed and a program put in place, Pennsylvania would stand to lose a significant amount of money, over $1

million, from the leaking underground storage tank trust fund that is being set aside by the federal government. This legislation provides for that program. It provides, as I said, for the registration of a variety of tanks.

In addition to the public hearings that were held, owners and operators, principally service station dealers and others who own underground storage tanks, came before the committee and told us that there is no way they are going to be

able to meet a federal requirement that will require them to have $1 million worth of liability insurance or adequate bonding for each and every storage tank that they operate in the Commonwealth as of October of this year. As a result of


an amendment that was jointly sponsored by the gentleman from Luzerne, Senator Musto, and myself yesterday, we have established in this bill an underground storage tank fund, a fund that will be fueled by a $100 assessment against the owner of the underground storage tanks in Pennsylvania, and we will provide them with insurance up to $1 million. Unfortunately, this is a fund which we had to create, but it is a fund that I believe will be the salvation for many of our small businessmen and women across the Commonwealth who otherwise would have been forced out of business by what I believe is an arbitrary and unnecessary limit by the federal government. Nevertheless, this program, if this bill is passed and enacted into law, will enable the state to move forward to control leaks from underground storage tanks, to receive federal money to help protect against the contamination from those tanks and, hopefully, to allow the Commonwealth to avoid a disaster similar to the one with the Ashland tank. As I indicated, it was certainly a lot of hard work that went into this legislation, but I want to also thank and commend my colleague, the Democratic Chairman of the committee, Senator Musto, for his cooperation, for his participation in hearings and for his help in putting this bill together, together with the other Members of the committee. Mr. President, I would ask for unanimous support for Senate Bill No. 1328.

Senator STOUT. Mr. President, I rise to state the reasons why I will not be voting for the passage of Senate Bill No. 1328. It is not that I am against any of the statements made by the Majority Chairman, and I laud him and the gentleman from Luzerne, Senator Musto, for the outstanding work that their committee has done in addressing this environmental problem on oil tanks, both aboveground and underground storage tanks, and recognize the fact that had that tank been a couple hundred yards up the river, it would have been in my Senatorial district instead of in that of the gentleman from Allegheny, Senator Zemprelli. I guess it is right close to the Washington-Allegheny line. Basically, I will vote in the negative on this legislation and count it as a protest, because as you deal with the section on the underground storage tanks, the federal government has done what many of our constituents accuse us here in the state of doing, of mandating programs and things that counties, school districts and other municipal governments have to assume the responsibility for and not provide an adequate funding stream to pay for that administration, and by passing a liability requirement of $1 million, which if it is obtainable, it is only obtainable with a high cost to individuals, therefore necessitating the creation of the trust fund. I think that is, again, totally unfair for that to be thrust on the state. When you look at the cost that is proposed in Senate Bill No. 1328, the $100 annual fee, a tri-annual fee of $150 equating to $50 annually, so in many cases it will cost a lot of small operators $450 or $600 annually to pay for that. There is one provision in there that-I guess we do not seem to learn-is very similar. One of the speakers yesterday likened it to the CAT Fund. Maybe we can call this petroleum cat or polecat. We will be back here in a few years when this funding is not adequate enough, and this money will have to

go up from $100 to $200, and there will be a hue and cry from constituents. Again, I will be voting "no." I would not ask any other Member to oppose it, but maybe just to send a message and, hopefully, this will go over to the other Chamber and maybe come back to us in a Committee of Conference or something else, and we may be able to make some changes. Basically, I oppose this because of the mandates that the federal government voted upon the states in not providing the funding stream necessary to pay for it.

And the question recurring, Shall the bill pass finally?


YEAS-47

Afflerbach Hess Mellow Salvatore Andrezeski Holl Moore Scanlon Armstrong Hopper Musto Shaffer Bell Jones O'Pake Shumaker Brightbill Jubelirer Pecora Stapleton Corman Kelley Peterson Stewart Fisher Lemmond Regoli Tilghman Furno Lewis Reibman Wenger Greenleaf Lincoln Rhoades Williams Greenwood Loeper Rocks Wilt Hankins Lynch Romanelli Zemprelli Helfrick Madigan Ross

NAYS-I

Stout


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

BILL REREFERRED


An Act amending the act of May 31, 1945 (P. L. 1198, No. 418), entitled, as amended, "Surface Mining Conservation and Reclamation Act," extending the Emergency Bond Fund to anthracite surface mines; and increasing the appropriation.

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

HOUSE MESSAGES

HOUSE CONCURS IN SENATE AMENDMENTS TO HOUSE AMENDMENTS

The Clerk of the House of Representatives informed the Senate that the House has concurred in amendments made by the Senate to House amendments to SB 321.

HOUSE CONCURS IN SENATE AMENDMENTS TO HOUSE BILL

The Clerk of the House of Representatives informed the Senate that the House has concurred in amendments made by the Senate to HD 1786.

2418 LEGISLATIVE JOURNAl,...,.-SENATE JUNE 22,

BILLS SIGNED

The PRESIDENT (Lieutenant Governor Mark S. Singe!) in the presence of the Senate signed the following bills:

SB 321andBB1786.

PERMISSION TO ADDRESS SENATE

Senator LINCOLN asked and obtained unanimous consent to address the Senate.

Senator LINCOLN. Mr. President, at what point in the proceedings are we?

The PRESIDENT. We are now considering House Bil1 No. 1729, page 3 of the Calendar, and the Chair was just about to ask Senator Lewis if he had an amendment or if someone has an amendment on behalf of Senator Lewis.

ADJOURNMENT

Senator LINCOLN. Mr. President, I would like to make a motion. I move that the Senate do now adjourn until 1 :00 p.m. or immediately following the Special Session on Monday, June 27th.


Senator LOEPER. Mr. President, am I com: . .rt that the gentleman's motion was to adjourn to either 1:00 p.m. on Monday or immediately following the Special Session?

The PRESIDENT. The motion before the Body is to adjourn until immediately following the Special Session on June 27th.

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

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

YEAS-24

Afflerbach Lewis Pecora Sing el Andrezeski Lincoln Regoli Stapleton Bell Lynch Reibman Stewart Furno Mellow Romanelli Stout Hankins Musto Ross Williams Jones O'Pake Scanlon Zemprelli Kelley

NAYS-24


The PRESIDENT. The Chair exercises its constitutional prerogative to vote and will vote "aye." Therefore, the official vote is as follows:

Afflerbach Lewis Andrezeski Lincoln Bell Lynch Furno Mellow Hankins Musto Jones O'Pake Kelley

Armstrong Helfrick Brightbill Hess Corman Holl Fisher Hopper Greenleaf Jubelirer Greenwood Lemmond

YEAS-25

Pecora Rego Ii Reibman Romanelli Ross Scanlon

NAYS-24

Loeper Madigan Moore Peterson Rhoades Rocks

Sin gel Stapleton Stewart Stout Williams Zemprelli

The President

Salvatore Shaffer Shumaker Tilghman Wenger Wilt


The PRESIDENT. The Senate stands adjourned until Monday, June 27, 1988, immediately following adjournment of the First Special Session, unless sooner recalled by the President pro tempore.

The Senate adjourned at 5:42 p.m., Eastern Daylight Saving Time.

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