~gisla:tifr~~Jaurna:l1996/03/19 · COMMONWEALTH OF PENNSYLVANIA ~gisla:tifr~~Jaurna:l TUESDAY, MARCH 19, 1996 SESSION OF 1996 180TH OF THE GENERAL ASSEMBLY No. 16 SENATE 11JESDAY,

COMMONWEALTH OF PENNSYLVANIA

~gisla:tifr~ ~Jaurna:l

TUESDAY, MARCH 19, 1996

SESSION OF 1996 180TH OF THE GENERAL ASSEMBLY No. 16

SENATE11JESDAY, March 19, 1996

The Senate met at 1:48 p.Ol, Eastern Standard Time.

The PRESIDENT pro tempore (Robert C. Jubelirer) in theChair.

JOURNAL APPROVED

The PRESIDENT pro tempore. A quorum of the Senatebeing present, the Clerk will read the Journal of the precedingSession of March 18, 1996.

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

LEGISLATIVE LEAVES

The PRESIDENT pro tempore. The following leaves grant-ed in today's Special Session will also be granted in the Regu-lar Session:

Legislative leaves for Senator Stewart and Senator Bodack,and personal leave for Senator Tartaglione.

HOUSE MESSAGE

HOUSE CONCURS IN SENATECONCURRENT RESOLUTION

The Clerk of the House of Representatives infonned theSenate that the House has concurred in resolution from theSenate, entitled:

Weekly adjournment.

BILLS INTRODUCED AND REFERRED

The PRESIDENT pro tempore laid before the Senate thefollowing Senate Bills nwnbered, entitled, and referred as fol-lows, which were read by the Clerk:

March 14, 1996

Senators FISHER, SALVATORE, AFFLERBACH andLEMMOND presented to the Chair S8 1442, entitled:

An Act amending the act of April 9, 1929 (P. L. 177, No. 175),entitled "The Administrative Code of 1929," defming "cable opera-tor," "cable subscriber," and "local franchising authority"; furtherproviding for the jurisdiction of the Conswncr Advocate; and provid-ing for assessment upon cable operators and for notification of Con-swner Advocate.

Which was committed to the Committee on COMMUNICA-TIONS AND HIGH lECHNOLOGY, March 14, 1996.

Senators HELFRICK, O'PAKE, HECKLER, BELAN,HART, STAPLETON, JONES, SALVAlORE, BRIGH1BILLand KASUNIC presented to the Chair SB 1443, entitled:

An Act amending Title 23 (Domestic Relations) of the Pennsyl-vania Consolidated Statutes, providing for collection of support ar-rearages.

Which w~ committed to the Committee on JUDICIAR~March 14, 1996.

Senators POR1ERFIELD, HELFRICK and MUSropresented to the Chair SB 1444, entitled:

An Act IIDleDdiog Title 30 (Fish) of the Pamsylvania Consolidat-ed Statutes, further providing ·for opemting watacIaft under infIumceof alcohol or controlled substance.

Which was committed to the Committee on GAME ANDFISHERIES, March 14, 1996.

Senators DELP and HELFRICK presented to the ChairS8 1445, entitled:

An Act providing local school districts the power to adopt acharter providing for self-governance, subject to certain limitations.

Which was committed to the Committee on EDUCATION,March 14, 1996.

Senators GREENLEAF, O'PAKE, FISHER, AF-FLERBACH, GERLACH and HOLL presented to the Chairsa 1446, entitled:

An Act amending Title 23 (Domestic Relations) of the Pennsyl-vania Consolidated Statutes, fiuther providing for jurisdiction in pa-rental rights and adoption proceedings.

Which was committed to the Committee on JUDICIAR~March 14, 1996.

APPOINTMENT BY MINORITY LEADER

The PRESIDENT pro tempore. The Chair wishes to an-nounce the Minority Leader has made the following appoint-ment:

Mr. Arthur Coccodrilli to selVe on the Independent Regula-tol)' Review Commission.

SPECIAL ORDER OF BUSINESSANNOUNCEMENT BY THE SECRETARY

The SECRETARY: Consent has been given for the Com-mittee on Rules and Executive Nominations to meet during

1674 LEGISLATIVE JOURNAL - SENATE MARCH 19,

today's Session to consider Senate Bill No. 708. Senate Reso-lution No. 107, and certain nominations.

REPORTS FROM COMMITTEES

Senator ULIANA, from the Committee on Utban Affairsand Housing, reported the following bill:

BB 1757 (pr. No. 3284) (Amended)

An Act amending Title 68 (Real and Personal Property) of thePennsylvania Consolidated Statutes. adding provisions relating toplanned communities.

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

SB 208 (Pr. No. 1833) (Amended)

An Act providing for the transfer of certain roadways between theCounty of Lackawanna and the Department of Transportation.

BB'1897 (pr. No. 2336)

An Act designating a section of S.R.1018. York County, as theNonnandy Memorial Drive.

BB 2004 (Pr. No. 2485)

An Act designating a section of US Route 15. Tioga COWlty. asthe William B. Wilson Highway.

DB 2048 (pr. No. 2547)

An Act designating a section of SR 28 in Annsbong Coun1y andAllegheny County. Pennsylvania, as Alexander H. Lindsay Highway.

Senator LEMMOND, from the Committee on State Govern-ment, reported the Collowing bills:

5B 1314 (Pr. No. 1834) (Amended)

An Act authorizing the Department of General Services, with theapproval of the Governor, to sell and convey to the Owen J. RobertsSchool District certain land situate in East Vmcent Township, ChesterCoWlty. Pennsylvania.

BB 166 (Pr. No. 140)

An Act authorizing the Department of General Services, with theapproval of the Governor, to sell and convey to Robert Boguski andRita Boguski certain land situate in the Township of Canaan, WayneCoWlty.

Senator HELFRICK, from the Committee on Game andFisheries, reported the following bills:

SB 1294 (pr. No. 1835) (Amended)

An Act amending the act of JWle 2. 1988 (P. L. 452, No. 74),entitled "An act exempting owners of shooting ranges from any civilor criminal actions relating to noise pollution," further defining thegranted immunity from nuisance actions.

SB 1444 (Pr. No. 1827)

An Act amending TrtIe 30 (Fish) of the Permsylvania Consolidat-ed StIdutes, further providing for operating watercraft under influenceof alcohol or controlled substance.

DB 1711 (Pr. No. 3285) (Amended)

An Act amending Title 34 (Game) of the Pennsylvania Consoli-dated Statutes, requiring the Pennsylvania Game Commission to im-plement at least two junior hWlter projects to increase and sustaininterest in hWlting.

DB 1924 (Pr. No. 25(5)

An Act amending Title 34 (Game) of the Pennsylvania Co~lidated Statutes, providing for use of credit and debit cards.

BB 1944 (Pr. No. 25(6)

An Act amending Title 34 (Game) of the Pennsylvania Consoli-dated Statutes, further providing for pennits for disabled persons andCor a fee for a temporary pennit

DB 2022 (pr. No. 25tt)

An Act amending Trt1e 30 (Fish) of the Pamsylvania Consolidat-ed Statutes, providing for use of credit and debit cards.

Senator HOLL, from the Committee on Banking and Imur-ance, reported the following bills:

5B 1433 (pr. No. 1799)

An Act exempting the issuance by a qualified charity of a quali-fied charitable gift annuity from regulation under insmance laws.

DB 1100 (pr. No. 2628)

An Act amending the act of July 22, 1974 (p.L.589, No.205),known as the Unfair Insurance Practices Act, further providing fordefmitions and for unfair competition and practices.

DB 1468 (Pr. No. 2897)

An Act providing for the establisbment and regulation of individ-ual and employer-provided medical care savings accOWlts.

DB 2042 (pr. No. 2541)

An Act amending TrtIe 13 (Commercial Code) of the Pennsylva-nia Consolidated Statutes, revising the division on investment securi-ties and making conforming amendments to Divisions 1,4,5 and 9of Title 13; providing for subordinated ob1i8ations and for qualifiedfmancial contmcts; and further providing for negotiable instruments.

Senator GREENLEAF, from the Committee on Judiciary,reported the following bills:

SB 1323 (pr. No. 1607)

An Act amending Title 18 (Crimes and Offenses) of1he Pennsyl-vania Consolidated Statutes. further providing for regu1ations on dis-semination of criminal histoI}' record information.

SB 1339 (Pr. No. 1643)

An Act amending Title 42 (Judiciary and Judicial Procedme) ofthe Pennsylvania Consolidated Statutes, further providing for appealsfrom government agencies, for the selection of judicial officers andfor the discipline or removal of judges or district justices; and makinga n:peal.

DB 814 (pr. No. 3287) (Amended)

An Act amending Title 42 (Judiciary and Judicial Procedme) ofthe Pennsylvania Consolidated Statutes, fiuther providing for n:gistra-

1996 LEGISLATIVE JOURNAL - SENATE 1675

tion and assessment of sexual offenders. for certain notifications. forinununity for good faith conduct. for duties of the Permsylvania StatePolice. for duties of the Pennsylvania Board of Probation and Paroleand for the composition and compensation of the State Board to As-sess Sexually Violent Predators~ and providing for applicability.

HB 2118 (pr. No. 3053)

An Act amending TItle 18 (Crimes and Offenses) of the Permsyl-vania Consolidated Statutes. further providing for criminal mischief.

UB 1571 AND UB 1066 TAKEN FROMTUETABLE

Senator LOEPER. Mr. President, I move that House BillNo. 1571, Printer's No. 2820, and House Bill No. 2066,Printer's No. 2616, be taken from the table and placed on theCalendar.

The motion was agreed to.The PRESIDENf pro tempore. The bills will be placed on

the Calendar.

RECESS

The PRESIDENT pro tempore. The Chair recognizes thegentleman from Delaware, Senator Loeper.

Senator LOEPER. Mr. President, at this time I ask for arecess of the Senate for the purpose of a Republican caucus tobegin immediately in the first floor caucus room, with an ex-pectation of returning to the floor at approximately 3 p.m.

The PRESIDENT pro tempore. The Chair recognizes thegentleman from Philadelphia, Senator Fumo.

Senator FUMO. Mr. President, I also ask all DemocraticSenators to go to the Democratic caucus room for a caucus aswell. We do not expect our caucus will be as long, but wewould like to start immediately.

The PRESIDENf pro tempore. For purposes of Republicanand Democratic caucuses to be held in their respective caucusrooms, the Senate stands in recess.

AFTER RECESS

The PRESIDENT (Lieutenant Govemor Mark S.Scbweiker) in tbe Cbair.

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

CALENDAR

THIRD CONSIDERATION CALENDAR

BILLS OVER IN ORDER

HB 47 and S8 78 - Without objection, the bills werepassed over in their order at the request of Senator LOEPER.

BILL ON TIlIRD CONSIDERATIONAND FINAL PASSAGE

lIB 270 (Pr. No. 1951) - The Senate proceeded to consid-eration of the bill, entitled:

An Act amending Title 5I (Military Affairs) of the PennsylvaniaConsolidated Statutes. further providiDg for the Department ofHealthand for counties to furnish certified copies of documents withoutchatge.

Considered the third time and agreed to,

On the question,Shall the bill pass fmally?

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

YEAS-48

Afflerbach Greenleaf Madigm SchwartzAndrezeski Hart Mellow ShafferAnnatrong Heckler Mowery StapletonBelm Helftick MUlto StewartBell Holl 0'P1Ite StoutBodack Hughes Peter10n ThoDlplOllBrightbill Jones Piccol. TIlghmanConnm Jubelirer Porterfield ThmlinsonDelp Kuunic Punt UUm.Fisher laValle Rhoades WagnerFumo Lemmond Robbins WengerGerlach Loeper Salvatore Williams

NAYS-o

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

Ordered, That the SecretaJy of the Senate return. said bill tothe House of Representatives with infonnation that the Senatehas passed the same without amendments.

BILL ON TIURD CONSIDERATION AMENDED

lIB 294 (Pr. No. 287) - The Senate proceeded to camiOOr-ation of the bill, entitled:

An Act amending the act of July 28, 1953 (p.L.723. No.230),known as the Second Class County Code, further providing for ex-penses of county officers for attending certain meetings.

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

A0852:

Amend Trtle. page I, line 5. by removing the period after "meet-ings" and inserting: and for coroner's investigations.

Amend Bill. page 2, by inserting between lines 24 and 2SSection 2. Section 1236 of the act. amended December 22. 1993

(p.L.S29. No.77). is amended to read:Section 1236. Coroner's Investigations.-{a) The coroner having

a view of the body sbalI investigate the facts and circumstances c0n-cerning deaths which appear to have happened wi1hin the coun1y, [andin all cases where an individual sustains injuries in one comty and istransported for medical treatment to a medical facility in anothercomly where he dies or is pr0n01.1llCed dead, the coroner of the com-ty where the injuries were sustained shall view the body and investi-gate the facts and circwnstances concerning the death] regardlesswhere the cause thereof may have occmmd. for the pmpose of deter-mining whether or not an autopsy should be conducted or an inquestthereof shall be had. in the following cases:


(1) sudden deaths not caused by readily n:cognizable disease orwhen:in the case of death cannot be properly certified by a physicianon the besis of prior (recent) medical auendanc~

(2) deaths occuning Wlder suspicious circwnstances. includingthose where alcohol. drugs or other toxic substances may have had adin:ct bearing on the outcome;

(3) deaths occuning as a result of violence or trauma. whether~t1y homicidal. suicidal or accidental (including. but not 1imitalto, those due to 1l'ICX:hanical, thenna1. chc:mica1, electrical or JBdiation-al injury. drowning. cave-ins and subsidences>;

(4) any death in which trauma. chemical injury. drug overdoseor reaction to drugs or medication or medical treatment, was a prima-ry or secondary, direct or indirect, contributory, aggmvating or precip-itating cause of death~

(5) operative and peri-operative deaths in which the death is notreadily explainable on the basis of prior disease;

(6) any death wherein the body is Wlidentified or WlC1aimed~(1) deaths known or suspected as due to contagious disease and

constituting a public hazard~(8) deaths occurring in prison. a penal institution or while in the

custody of the police;(9) deaths of persons whose bodies are to be cremated. buried

at sea or otherwise disposed of so as to be thereafter unavailable forexamination~

(10) sudden infant death syndrome; and(II) stillbirths.(b) The purpose of the investigation shall be to detennine the

cause of any such death and to detennine whether or not there issuffICient reason for the coroner to believe that any such death mayhave resulted from criminal acts or criminal neglect of persons otherthan the deceased.

(c) As part of this investigation. the coroner shall detennine theidentity of the deceased and notify the next of kin of the deceased.

Amend Sec. 2. page 2. line 25. by sbiking out "2" and inserting:3

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

its order at the request of Senator LOEPER.

LEGISLATIVE LEAVES

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

Senator HUGHES. Mr. President. I lCQuesl temporary Capi-tol leaves for Senator Andre7.eski, Senator Jones, and SenatorSchwartz, and a legislative leave for Senator Williams.

The PRESIDENT. Without objection, those leaves will begranted.

THIRD CONSIDERATION CALENDAR RESUMED

BILL OVER IN ORDER

SB 831 - Without objection, the bill was passed over in itsorder at the request of Senator LOEPER.

BILLS ON lHIRD CONSIDERATIONAND FINAL PASSAGE

SB 1204 (pc No. 1401) - The Senate proceeded to consid-eration of the bill. entitled:

An Act amending Title 18 (Crimes and Offenses) of the Pennsyl-vania Consolidated Statutes, fiu1her providing for hindering apprehen-sion or prosecution.


On the question,Shall the bill pass finally?

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

YEAS--48

Afflerbach Greenleaf Madigan SchwartzAildrezeski Hart Mellow ShafferArmstrong Heckler Mowery StapletonBelan Helfrick Musto StewartBell Holl O'Pake StoutBodack Hughes Peterson ThompsonBrightbill Jones Piccola TdghmanConnan Jubelirer Porterfield TomlinsonDelp Kasunic Punt UlimaFisher laValle Rhoades WagnerFurno Lemmond Robbins WengerGerlach Loeper Salvatore Williams

NAYS-o

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

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

SB lZ19 (pr. No. 1414) - The Senate proceeded to consid-eration of the bill, entitled:

An Act authorizing the Pennsylvania Fish and Boat Commissionto convey a portion of a Project 70 tract of land in Porter Township,Clinton COWlty, WIder certain conditions to the Township of Porter.a mWlicipal corpomtion of the Commonwealth Pennsylvania.

Considered the third time and agreed to.


1be yeas and nays were taken agreeably to the provisionsof the Constitution and were as follows, viz:

YEAS-48

Afflerbach Greenleaf Madigan SchwartzAndrezeski Hart Mellow ShafferAnnstrong Heckler Mowery StapletonBelm Helfrick Musto StewartBell Holl O'Pake StoutBodack Hughes Peterson ThompsonBrightbill Jones Piccola TdgbmanConnan Jubelirer Porterfield TomlinsonDelp Kasunic Punt UlianaFisher laValle Rhoades WagnerFurno Lemmond Robbins WengerGerlach Loeper Salvatore Williams

NAYS-o

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




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


SB 1154 (pr. No. 1475) - The Senate proceeded to consid-eration of the bill, entitled:

An Act amending Title 18 (Crimes and Offenses) of the Pennsyl-vania Consolidated Statutes, further providing for the offense of pos-sessing instruments of crime.

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

required by the Constitution,


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

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


SB 1290 (pr. No. 1818) - The Senate proceeded to consid-eration of the bill, entitled:

An Act amending Title 18 (Crimes and Offenses) of the Pennsyl-vania Consolidated Statutes, providing for false identification to lawenforcement authorities.

WengerWilliams

RobbiDsSalvatoreSchwartz

NAYS-l

LemmondLoeperMadigan

Jones

FisherFumoGerlach

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


BnLS OVER IN ORDER

SB 1332, SB 1374 and HB 2033 - Without objection, thebills were passed over in their order at the request of SenatorLOEPER.

SECOND CONSIDERATION CALENDAR

BILLS OVER IN ORDER

HB 497, SB 1344, SB 1345, SB 1346, SB 1347, SB 1348,SB 1407, HB 1940 and HB 2339 - Without objection, thebills were passed over in their order at the request of SenatorLOEPER.

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

MEMBER OF mE BOARD OF GOVERNORS OFmE STATE SYSTEM OF HIGHER EDUCATION

December 21, 1995

To the Honomble. the Senate of the Commonwealth ofPennsylvania:

In confonnity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, Rocco Ortenzio, 3428 LisbumRoad, MecbanicsbuIg 17055, Cwnberland Cotmty. Thirty-first Senat0-rial District, for appointment as a member of the Board of GoVClllOIS

REPORT FROM COMMITTEE ONRULES AND EXECUTIVE NOMINATIONS

RECESS

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

Senator LOEPER. Mr. President, at this time I ask for avery brief recess of the Senate for the pmpose of a meeting ofthe Committee on Rules and Executive Nominations to be heldin the Rules room at the rear of the Senate Chamber.

'The PRESIDENT. For the purpose of a meeting of theCommittee on Rules and Executive Nominations to be held inthe Rules room at the rear of this Chamber, the Senate standsin recess.

AFTER RECESS

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

ShafTerStapletonStewartStoutThompsonTilghmanTomlinsonUlianaWagner

MellowMoweryMustoO'PakePetenonPiccolaPorterfieldPuntRhoades

YEAS--47

GreenleafHartHecklerHelfrick11011HughesJubelirerKasunicLaValle

AftlerbachAndrezeskiArmstrongBelanBellBodackBrightbillCormanDetp

YEAS--48

Aftlerbach Greenleaf Madigan SchwartzAndrezeski lIart Mellow ShafTerAnnstrong Heckler Mowery StapletonBelan Helfrick Musto StewartBell Holl O'Pake StoutBodack Hughes Peterson ThompsonBrightbill Jones Piccola TilghmanCorman Jubelirer Porterfield TomlinsonDelp Kasunic Punt UlianaFisher LaValle Rhoades . WagnerFumo Lemmond Robbins WengerGerlach Loeper Salvatore Williams

NAYS--o


of the State Systan of lligher Education. to serve until December 31,1996 ... until his sua:essor is appointed and qualified, vice RebeccaF. Gross, Lock Haven, resigned.

11IOMAS 1. RIDGEGovernor

COMMONWEALm TRUSTEE OF mEUNIVERSITY OF PfITSBURGH-

OF mE COMMONWEALTIl SYSlEMOF HIGHER EDUCATION

February S, 1996

To the HODOrable, the Senate of the Commonwealth ofPennsylvania:

In conformity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, Sam McCullough, 35 NorthSixth Street, Reading 19603, Berks County, Eleventh Senatorial Dis-trict, for appoinbnent as a Commonwealth Trustee of the Universityof PiUsburgh-of the Commonwealth System of Higher Education, toserve until October 5, 1999, and until his successor is appointed andqualified, vice Frank J. Lucchino, EsquUe, PiUsbUJBh, whose termexpired.

THOMAS J. RIDGEGovernor

MEMBER OF TIlE STATE BOARD OFVEHICLE MANUFAC11JRERS,

DEALERS AND SALESPERSONS

January 16, 1996

To the Honorable, the Senate of the Commonwealth ofPennsylvania:

In conformity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, Robert Pickerill, 6 AlexandriaPlace, Blakely 18441, Lackawmma County, Twenty-second SenatorialDistrict, for appointment as a member of the State Board of VehicleManufactuIm, Dealers and SaJcspersonc;, to serve for a term of threeyears and mtil his successor is appointed and qualified, but not longerthan six months beyond that period, vice William D. Williams, S0me-rset, whose term expiJed.

11lOMAS 1. RIDGEGovernor

MEMBER OF mE STATE BOARDOF VETERINARY MEDICINE

February 5, 1996


In conformity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, Paul 1. Suorsa, V.M.D., 133Branchton Road, Slippery Rock 16057, Butler County, Twenty-flJ'StSenatorial District, for appointment as a member of the State Boardof Veterinary Medicine, to serve for a term of four years or until hissuccessor is appointed and qualified, but not longer than six monthsbeyond that period, vice William L. Shepard, VM.D., Uniontown,whose term expiJed.

1110MAS J. RIDGEGovernor

MEMBER OF mE ARMSlRONG COUNTYBOARD OF ASSISTANCE

January 2, 1996


In conformity with Jaw, I have the honor hereby to nominate forthe advice and consent of the Senate, Mmy Ann Mcllwain (Republi-can), Box 91, Star Route, Spring Church 15686, Annstrong County,Forly-fm Senatorial District, for appointment as a member of theArmstrong County Board ofAssistance, to serve until December 31,1998, and until her successor is appointed and qualified, vice ShirleyD. Beer, Kittanning, whose term expiJed.

mOMAS J. RIOOEGovernor

MEMBER. OF mE LACKAWANNA COUNlYBOARD OF ASSISTANCE

January 2, 1996


In conformity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, Edwatd M Bush, Sf. (Republi-can), 102 \Osburg Lane, CImb Smmnit 18411, Lackawanna C01Dlty,Twenty-second Senatorial District, for appointment as a member ofthe Lackawarma Comly 80aJd of Assistance, to serve lDltil December31, 1998, and until his successor is appointed and qualified, vice 1.Wayne MOIgan, ClaIks Summit, whose term expiJed.


MEMBER. OF 1HE LACKAWANNA COUNlYBOARD OF ASSISTANCE

Febnwy 28, 1996


In conformity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, John Cerra, Esquire (Republi-can), 33 South Church Street, P. o. Box 513, Carbondale 18407,Lackawanna County, Twenty-second Senatorial District, for appoint-ment as a member of the Lackawanna County Board of Assistance,to serve mtil December 31, 1998, and lDltil his successor is appointedand qualified, vice Joseph G. Wargo, Olyphant, whose term expiJed.

mOMAS J. RIDGEGovernor

MEMBER OF 1HE LACKAWANNA COUNTIBOARD OF ASSISTANCE

December 11, 1995


In conformity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, Frank C. Grecco (Republican),59 Green Street, Carbondale 18407, Lackawanna County, Twenty-second Senatorial District, for appointment as a member of the Lack-awanna C01Ulty Board of Assistance, to serve until December 31,

file:///fosbuig


1997, and until his successor is appointed and qualified, vice AndrewJ. Cena, Carbondale, whose term expired.


NOMINATIONS LAID ON THE TABLE

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

The PRESIDENT. The nominations will be laid on thetable.

EXECUTIVE NOMINATIONS

EXECUTIVE SESSION

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

for the purpose of con;idering certain nomination; made by theGovernor.

Which was agreed to.

NOMINATIONS TAKEN FROM THE TABLE

Senator SALVATORE. Mr. President, I ask unanimousconsent to call from the table certain nominations and ask fortheir consideration.

The Clerk read the nominations as follows:

MEMBER OF THE PENNSYLVANIAENERGY DEVELOPMENT AUmORITY

December 4, 1995


In confonnity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, James Canova, 535 Fifth Ave-nue. East McKeesport 15035, Allegheny County, Forty-fifth Senat0ri-al District. for appointment as a member of the Pennsylvania EnergyDevelopment Authority, to serve for a term of four years and until hissuccessor is appointed and qualified, vice Lawrence B. Abrams, m,Esquire, Camp Hill, whose term expired.

1liOMAS J. RIDGEGovernor

MEMBER OF mE PENNSYLVANIAENERGY DEVELOPMENT AUTHORITY

December 4, 1995


In confonnity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, Jeny CotJov, 526 LaverockRoad, Glenside 19038, Montgomery County, Fourth Senatorial Dis-trict. for appointment as a member of the Permsylvania Energy Devel-opment Authority, to serve for a term of four years and until his suc-cessor is appointed and qualified, vice Anthony T. Sossong,Ebensburg, whose term expired.

1110MAS 1. RIDGEGovernor

MEMBER OF mE COUNCIL OF 1RUSTEES OFMILLERSVILLE UNIVERSITY OF PENNSYLVANIAOF mE STAlE SYS1EM OF HIGHER EDUCAnON

November IS, 1995

To the Honorable. the Senate of the Commonwealth ofPennsylvania:

In confonnity with law, I have the honor hereby to nominate forthe advice and consent of the SeDate, Gail D. EdwanIs, 2000 ChevyChase Drive, Harrisbmg 17110, DauPUn Co•• Fifteenth SaIatorialDistrict. for appointment as a member of the COlDlCil of Trustees ofMi11ersvi11e University of Pennsylvania of tie S1ate Systan of HighfzEducation, to serve until tie 1hird Tuesday of Janumy 2001, and untilher successor is appointed and qualified, vice Paul G. Wedel, Leola,confmned to another position.


MEMBER OF nm STAlE BOARDOF PSYCHOLOGY

January 4, 1996


In confonnity with law, I have the honor hereby to nominate forthe advice and consent of the SeDate, Elizabeth D. ADen (PublicMember), 2605 Fountain Hills Drive, Wexford 15090, AJ.IeshenyCounty, Fortieth Senatorial District. for appointment as a member ofthe State Boanl of Psychology, to serve tmtil June 15, 1998 or tmtilher successor is appointed and qualified, but not longer than sixmonths beyond that period, vice ThOm8Sc J. Rushton, Jr., Wilkes-Bane, tenninated.


MEMBER OF nm STAlE BOARDOF PSYCHOLOGY

Febrwuy 23, 1996


In conformity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, Marlene D. Mosco (PublicMember), 3806 Beech Avenue, Erie 16508, Erie Cotmty, Forty-ninthSenatorial District. for appointment as a member of the State Boan!of Psychology, to serve for a tam of fOlD' years or tmtil hec successoris appointed and quaHfied, but not longer tban six mon1hs beyond tbatperiod, vice John M Aichele, Hershey, n:signed.


MEMBER OF 1HE STATE BOARDOF SOCIAL WORK EXAMINERS

November IS, 1995


In conformity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, Dina M Lomas, 414 KevinDrive, Bethlehem 18017, Northampton COtmty, Sixteenth Senatorial


District. for appoinbnent as a member of the State BoanI of SocialWork Examiners, to serve for a term of four years and 1Ultil her suc-cessor is appointed and qualified, but not longer than six monthsbeyond that period, vice Mildred C. Joyner, West Chester, whosetenn expired.

TIIOMAS 1. RIDGEGovernor

MEMBER OF TIlE BOARD OF GOVERNORS OFTIlE STATE SYSTEM OF HIGHER EDUCATION

December 21, 1995

To the HODOmble, the Senate of the Commonwealth ofPennsylvania:

In conformity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, Rocco Ortenzio, 3428 LisburnR08d, Mechanicsbulg J7055, Cumberland County, Thirty-first Senato-rial DisCrict. for appointment as a member of the Boanl of Governorsof the State Systan of Higher Education, to serve until December 31,1996 and until his successor is appointed and qualified, vice RebeccaF. Gross, Lock Haven, resigned.

1110MAS 1. RIDGEGovernor

COMMONWEAL1lI TRUSTEE OF 1lIEUNIVERSITY OF PllTSBURGH-

OF 1lIE COMMONWEAL1lI SYSTEMOF HIGHER EDUCATION

February S, 1996

To the Honomble, the Senate of the Commonwealth ofPennsylvania:

In confonnity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, Sam McCullough, 35 NorthSixth Street. Reading 19603, Berks County, Eleventh Senatorial Dis-trict, for appointment as a Commonwealth Trustee of the Universityof PittsbuJBh-of the Commonwealth System of Higher Education, toserve 1Ultil October S, 1999. and until his successor is appointed andqualified, vice Frank J. Lucchino, Esquire, Pittsbwgh, whose termexpired.

1l10MAS 1. RIDGEGovernor

MEMBER OF lHE STATE BOARD OFVEHICLE MANUFACllJRERS,

DEALERS AND SALESPERSONS

January 16, 1996


In confonnity wi1h law, I have 1he honor hereby to nominate for1he advice and COD.llICIlt of 1he Senate, Robert PickeriU, 6 AlexandriaPlace, Blakely 18447, Lackawanna County, Twenty-second SenatorialDistrict. for appointment as a member of the State Board of VehicleManufacturers, Dea1cn; and Salesperson.IlI, to serve for a tmn of threeyears and until his successor is appointed and qualified. but not longerthan six months beyond that period, vice William D. Williams, S0me-rset. whose tennexpircd.

1110MAS J. RIDGEGovernor

MEMBER OF TIlE STATE BOARDOF VETERINARY MEDICINE

February S, 1996

To the Honomble, the Senate of 1he Commonwealth ofPennsylvania:

In conformity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, Paul J. Suorsa, 'lMD., 133Bmnchton Road, Slippery Rock 16057, Butler Co1Ulty, Twenty-firstSenatorial District. for appointment as a member of the State Boardof VeterinaJy Medicine, to serve for a term of four years or until hissuccessor is appointed and qualified, but not longer than six monthsbeyond that period, vice William L. Shepard, 'lMD., Uniontown,whose term expired.


MEMBER OF TIlE ARMSlRONG COUNTYBOARD OF ASSISTANCE

January 2, 1996


In confonnity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, Mary Ann McDwain (Republi-can), Box 91, Star Route, Spring Church 15686, Annstrong County,Forty-first Senatorial District. for appointment as a member of theAnnstrong County Board of Assistance, to serve until December 31,1998, and until her successor is appointed and qualified, vice ShirleyD. Beer, Kittanning, whose tenn expired.


MEMBER OF TIlE LACKAWANNA COUNTYBOARD OF ASSISTANCE

January 2, 1996


In conformity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, Edwald M Bush, Sr. (Republi-can), 102 \bsburg Lane, Clalks Summit 18411, Lackawanna County,Twenty-second Senatorial District. for appointment as a member ofthe Lackawanna County Board of AssisIBnce, to serve 1Ultil December31, 1998, and until his successor is appointed and qualified, vice J.Wayne Morgan, ClaIks Summit. whose term expired.


MEMBER OF TIlE LACKAWANNA COUNTYBOARD OF ASSISTANCE

February 28, 1996


In confonnity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, John Cerra, Esquire (Republi-can), 33 South Church Street. P. O. Box 513, Carbondale 18407,Lackawanna County, Twenty-second Senatorial District. for appoint-ment as a member of the Lackawanna C01Ulty Board of Assistance,


to serve lDltil December 31, 1998, and lDltil his successor is appointedand qualified, vice Joseph G. Wargo, Olyphant, whose term expired.

TlIOMAS J. RIDGEGovernor

MEMBER OF THE LACKAWANNA COUNTYBOARD OF ASSISTANCE

December 11, 1995


In conformity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, Frank C. Grecco (Republican),59 Green Street, Carbondale 18407, Lackawanna County, Twenty-second Senatorial District, for appoinlment as a member of the Lack-awanna County Board of Assistance, to serve until December 31,1997, and lDltil his successor is appointed and qualified. vice AndrewJ. Cerra, Carbondale, whose term expired.

TIIOMAS J. RIDGEGovernor

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

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

YEAS--48

Afllerbach Greenleaf Madigan SchwartzAndrezeski Hart Mellow ShafTerAnnstrong Heckler Mowery StapletonBelan Helfrick Musto StewartBell 11011 O'Pake StoutBodack lIughes Peterson ThompsonBrightbill Jones Piccola TIlghmanCorman Jubelirer Porterfield TomlinsonDelp Kasunic Punt UlianaFisher LaValle Rhoades WagnerFurno Lemmond Robbins WengerGerlach Loeper Salvatore Williams

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 SALVATORE. Mr. President. I move that the Exec-utive Session do now rise.

lbe motion was agreed to.

UNFINISHED BUSINESSREPORTS FROM COMMITTEE

Senator LOEPER. from the Committee on Rules and Execu-tive Nominations, reported the following bill:

SB 708 (pr. No. 1824) (Rereported) (Concurrence)

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

of tenure to professional employees, for causes for tennination ofprofessional contracts and for rating of professional employees.

RESOLUTION REPORTED FROM COMMITTEE

Senator LOEPER, from the Conunittee on Rules and Execu-tive Nominations, reported the following resolution:

SR 107 (pr. No. 1822)

A Resolution designating October 16, 1996, as "National D0mes-tic Abuse Counseling Day" in Pennsylvania.

The PRESIDENT. The resolution will be placed on theCalendar.

CONGRATULATORY RESOLUTIONS

The PRESIDENT laid before the Senate the following res0-lutions, which were read. considered and adopted:

Congratulations of the Senate were extended to Joseph Grie-co by Senator Belan.

Congratulations of the Senate were extended to John W.Taylor by Senator Bell.

Congratulations of the Senate were extended to Delaine AZimmer, Marsha Marie Everton and to Jody L. Keller by Sena-tor Delp.

Congratulations of the Senate were extended to Mr. andMrs. George Thimons by Senator Hart.

Congratulations of the Senate were extended to theSouthampton Free Libnuy by Senator Heckler.

Congratulations of the Senate were extended to A MichaelPratt by Senator Hughes.

Congratulations of the Senate were extended to Harvey D.Shaffer by Senator Mowery.

Congratulations of the Senate were extended to Mr. andMrs. Orlando Onofrietti by Senator Musto.

Congratulations of the Senate were extended to Mr. andMrs. Ernest Jack DeMonte, Sr., Mr. and Mrs. Patsy Galando,Domenico DeVmcentis and to Karl Knute Shellgren by SenatorPorterfield.

Congratulations of the Senate were extended to Mr. andMrs. Thomas L. Heffelfinger, Sr., and to Douglas Aron Buf-fington. by Senator Rhoades.

Congratulations of the Senate were extended to Mr. andMrs. Walter Boosel, Mr. and Mrs. Bob Heaton and to DanColeman by Senator Shaffer.

BILLS ON FIRST CONSIDERATION

Senator HECKLER. Mr. President, I move that the Senatedo now proceed to consideration of all bills reported fromcommittees for the first time at today's Session.

The motion was agreed to.The bills were as follows:

SB 208, SB 1294, SB 1314, SB 1323, SB 1339, SB 1433,SB 1444, DB 166, DB 814, DB 1100, DB 1468, DB 1711,HB 1757, HB 1897, DB 1924, DB 1944, DB 2004, DB 2022,DB 2042, DB 2048 and DB 2118.


And said bills having been considered for the first time.Ordcn:d, To be primed on the Calendar for second consider-

ation.

PETITIONS AND REMONSTRANCES

The PRESIDENT. The Chair recognizes the gentleman fromCentre. Senator Corman.

Senator CORMAN. Mr. President, we hear a lot of talkthese days about reinventing government, streamlining bureau-cracies, and providing individuals with more options and flexi-bility. and I believe that today when the Committee on Bank-ing and Insurance reported out House Bill No. 1468 dealingwith medical savings accounts. we are providing people withthat same opportunity to cut bureaucracy and provide peoplewith more options and with more flexibility.

The concept is simple. Mr. President. By encouraging pa-tiems to be more careful consumers, medical savings accountswould help to create a competitive marketplace that keepscosts down. Medical savings accounts would also allow indi-viduals rather than huge and personal bureaucracies to makedecisions about their health care needs. No additional bureau-cracy. no expensive mandates. no interfering with the doctor-patient relationship. Medical savings accounts would allowemploye~ self-employed individuals. and others to purchasea high deductible policy and put the premium savings into amedical savings account to· pay for routine medical care. Thatmoney would then go into a tax-deferred account to pay forroutine medical care.

The funds in the medical savings account belong to theworker. Mr. President, and if not spent will accumulate overtime. The money will be used for post-retirement medical careor can be used for long-teon care or when the individual isbetween jobs. With medical savings accounts, health insurancepolicies would be used to pay for the large medical bills thatoccur infrequently. ahd illfividuals could use their money thatthey have accumulated in the medical savings account forsmall medical bills covering routine services. This change isimportant to control the costs of insurance since processingsmall claims and routine services through an insurance mecha-nism is emrmously expensive. For example. it costs insurancecompanies an average of 550 to process a 525 claim.

Medical savings accounts have another cost advantage.When people spend their own money. Mr. President, ratherthan someone else's, they are far more careful consumers, amthat is what, in tum, creates a more competitive cost-


should be going to try to reduee costs of health care in Penn-sylvania and, in fact, in the nation.

I have also an article here from the Wall Street Journal,dated November 2, 1995, that talks about rescue medical sav-ings accounts, that points out how "Medical Saving Accountsare a revolutionary concept that would allow the elderly tochoose a plan that covers all catastrophic expenses but has ahigh deductible for more routine care. More than 1,000 compa-nies and unions, including Forbes magazine and the UnitedMine Workers, offer variants on MSAs and 15 states havepassed laws," and now, as I have reported earlier, 20 Stateshave now passed laws, "encouraging their usc." And the reportof the Wall Street Journal goes on with glowing renmks aboutit.

I have some information here, Mr. President, about a largecompany, the Golden Rule Insurance Company, and how theymade this plan available to their employees, and it is indicatedthat "Participation in the MSA program has increased to 91%of eligible employees, up from SOO,lo percent when the programbegan" 2 years previously. "Golden Rule, which has about1,300 employees, also offers a traditional indemnity plan" forinsurance but 91% of their people have opted for the medicalsavings account.

Now, so that we do not think that medical savings accountsare only for the very large companies like that one that has1,300 employees, I have an article here from The Detroit Newsdated Monday, July 17, 1995, which talks about "Medicalsavings accounts payoff for employers," and it states here that"Employees of Avenue Tire and Service in Ludington oncepaid so much for their employer-sponsored health insurance,they nearly gave up the benefit." They could not afford it.''Today the I0 employees have medical care savings accounts.They like it because they get good health care at a lower cost,"and the article goes on to speak of it.

I also have with me, Mr. President. some articles from theNational Center for Policy Analysis, again, as I said, it is lo-cated in Washington, D.C., and Dallas, and they go on atlength talking about answering the critics of medical savingsaccounts, and they raise the issue and call it a bogus mgument.It says, "Bogus Argument: .. .individuals cannot bargain withproviders as well as managed care plans can." And their re-sponse, after much research, is that "Individuals frequentlyoutperform third-party bureaucracies in deciding whether toobtain a service and in negotiating a price if they do obtain it.The tradition in medicine has been to undercharge individualsand overcharge bureaucracies, not the other way around. Fur-thennore, among different medical services, costs have beencontained largely in proportion to the percentage of paymentsmade out-of-pocket by patients." As he states here, "Over thepast 30 years, for example, drug costs (mainly paid by individ-uals) have increased modestly, while hospital costs (mainlypaid by third parties) have soared.

"Most patients already know that many physicians will givethem a better deal if they pay their own bills -- especially atthe time of treatment - rather than ask the physician to collectfrom a third-party payer. Increasingly. the same is true of hos-pitals. Although they rarely discuss it. many hospitals have

special package prices and discount rates for uninsured patientswho pay their own bills - usually lower than the fee chargedto insurance companies and large employers." 1bey go on tospeak about a bogus 3JgUIDCnt that medical savings accountsbenefit only the healthy. And they point. out that medical sav-ings accounts can further be of the greatest benefit for peoplewho are sick, especially the chronically ill.

Under the current system, people arc being priced out of themarket for fee-for-service inswance under which they canchoose their own doctor. The alternative for most people is ahealth maintenance organization or other managed care planunder which the choice for the doctor is limited. 1be doctor-patient relationship is disrupted and the bureaucracy dictates toits doctor how they will practice medicine. In this enviromnentit is all too easy for the bureaucracy to pursue a financialself-interest by skimping on the care of the chronically ill, andthat is why MSAs arc a lot more valuable to sick people thanto people who arc well. MSAs allow people to freely enter themedical marlcetplace, choose any doctor, and select any thera-py.

Well, there are a whole lot of other bogus 3JgUIDCnts thathave been proposed that they suggested. 1bey are wrong. Amedical savings account is the way we ought to be going inthe future and is certainly one of the options that ought to beoffered to the people of Pennsylvania.

Mr. President, in committee today, the gentleman fromLackawanna, Senator Mellow, quite appropriately raised aquestion. It was, will that money being placed in the medicalsavings account for people be deferred compensation or willpeople have to pay taxes on that money as it is placed in anaccount for them? It is my belief and the belief of others herethat it will be deferred comp as long as they arc only using itto pay medical bills, rather than using it to go on vacation orbuy tires, or whatever they may do, it would be deferred andthey would not pay taxes on it unless they converted it to theirown personal use. We have said that we will attempt, beforethere is any floor action on this particular bill, to get an answerfrom the Internal Reveme Service, as precisely as we can getanswers from them, about the taxability of this which we be-lieve to be deferred compensation.

Mr. President, I am very pleased that the chairman of thecommittee, the gentleman from Montgomery, Senator Holl,would bring this issue up for consideration, and I am verypleased we did report it out. I look forward to the time whenwe can have floor action and finally pass medical savings ac-counts as another option for the people of Pennsylvania topurchase insurance.

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

Philadelphia, Senator Hughes.Senator HUGHES. Mr. President, just briefly, with respect

to the presentation that was just made, I find it disappointinglyironic. Maybe it is poor timing, but clearly I think it is quiteinsensitive. We are having this discussion here about medicalsavings accounts, programs for people who have something,who have access to medical care, and last night, I guess atabout midnight or so, we, this Senate, just voted to eliminate


the medical coverage for 260,000 people in this Common-wealth.

You know, there just seems to be this continual path ofproviding programmatic innovation for those who have andjust a cof11)lete elimination of support or safety net, and in thiscase health care coverage, for those who are struggling, forthose who do not have. There are 260,000 people off MedicalAssistance, 24,000 people off the rolls completely, and in thecontext of a State economy that lost 19,000 jobs specificallyfrom corporations that this State provided with extremely largetax cuts last year and there is another proposal for this year forthat particular sector.

It would have been nice to have had this innovative ap-proach and other ilUlOVative concepts and ideas laid out beforeus prior to having voted on Senate Bill No. 1441 last night andin the two committees last week. But, unfortunately, that wasDOt the case. And in an even environment where there was 00deliberation, no discussion on the health care reality for thisparticular group 9f people, we were not able to bring togetherany iIUlOVation for that population, but now we can talk aboutmedical savings accounts. Although maybe an innovative idea,although maybe something that we need to move toward inthis Commonwealth, it is clearly insensitive and I think kindof inappropriate at this particular time, given the history andwhat occurred last night.

TIIank you, Mr. President.1be PRESIDENT. The Chair recognizes the gentlewoman

from Allegheny, Senator Hart.Senator HART. Mr. President, I rise on a completely differ-

ent issue. In fact, I rise to commend my colleagues for a billthat we passed here today in the Senate. Senate Bill No. 1290,of which I was the prime sponsor, passed today almost unani-mously, and I believe that this is going to provide a lot ofassistance, especially to our smaller communities, when it com-es to law enforcelllCnt. Mr. President, this bill will assistsmaller police departments in apprehending people who aremost likely drug dealers or other transient criminals who justbasically come to town for the day to do business and leave atnight. These people are oot necessarily known to law enforce-ment, and these people are likely to be able to use false identi-fication to delay any processing of their arrests and to alsoprevent being detained by the police when they are arrested.

Mr. President, this issue was brought to my attention byNew Kensington Police Sergeant Ron Zellers, as well as anumber of other law enforcement people in my district, whoexplained that they often have run across the problem that acriminal or someone who is arrested and is asked for theiridentification presents them with false identification. That is,they identify themselves as some other real person. That, ofcourse, allows them to be released and then later on when thepolice seek that individual again, they discover that personused a false ID. In this particular case, Mr. President, an inno-cent individual's ID was used here and that illtividual was laterpicked up by police.

Mr. President, what this bill would do is instead of havingthat presentation of false identification be a summary offense,it would strengthen that offense to be one degree less than the

offense for which they are charged. In that particular instanceit was possession with intent to distnbute naJCOtics. Mr. Presi-dent, I believe that this will assist the police to put habitualcriminals behind bars and keep them there longer. It will alsobe a deterrent to some who will think twice before they presentthe police with false identification This bill has been endorsedby a number of prosecutors and also by the Chief of Police ofNew Kensington, Frank Link, and especially District AttorneyJohn Peck of Westmoreland County. We also worked on thebill with some individuals and other DA offices across theCommonwealth.

Mr. President, this is a simple bill, a small change that Ibelieve will assist a number of police departments across theCommonwealth in the apprehension of people who come totheir towns to distribute narcotics and commit other crimessuch as this. Mr. President, I again commend my colleaguesfor moving this issue forward, to make it illegal, a furtheroffense, a more serious offense for someone to simply identifythemselves as someone else once they are arrested for anotheroffense.

Again, Mr. President, after our Special Session on crimeand the goal of this legislature to assist law enforcement, Ibelieve this is an appropriate step to take, and really not at anyadditional expense, to support law enforcement especially inour smaller cities that have habitual criminals from some of thelarger cities come by during the day, distribute narcotics, forexample, and move on Mr. President, again, I hope the Housewill consider this bill quickly and provide this additional toolfor law enforcement in the Commonwealth. Again, I thank mycolleagues.

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

Allegheny, Senator Belan.Senator BELAN. Mr. President, I promise you I will not be

long, because I know you were here a long time last night.But, Mr. President, today I want to speak to express my fms-trations about how we as policymakers have dealt with theflood of January 1996. And in doing so, I do not want myremalks in any way to appear to be critical of those who wereinvolved in trying to help the people whose lives were devas-tated.

Mr. President, you, along with many individuals who coor-dinated disaster relief on the Federal, State and local levels,have put an immense amount of time and effort into trying tocome to grips with this devastation You and all the others whopitched in should be congratulated for your efforts. And, Mr.President, my frustration is not centered on what has beendone~ it is more appropriately focused on how it was done andby whom.

Mr. President, I would like to talk about how by unitingtogether we can achieve even better results. As a life-longresident of the Mon ~lley, I have witnessed too many floods,too little governmental response, and many, many efforts torebuild. And one of the most important lessons which I havelearned during this time is that we need to work together. And,Mr. President, during the flood I visited many of the communi-ties in my district that were affected. I found good, hardwork-


ing people whose lives were tom apart and who now need ourhelp. They simply cannot do the rebuilding job by themselves.People who lost their homes, their businesses, their futures,they have seen their lives as they knew them washed away ordestroyed. My involvement in the flood and its aftermath hasled to one very troubling conclusion: that we have an inabilityto put aside petty politics, even in tbe most trying of times;that as policymakers we seem lost in identifying the flood forwhat it was, what it is, and what it will be.

It must seem to the people who were affected by the floodthat government at all levels is more concerned with arguingamong themselves and with each other, that it is more impor-tant as a part of some iII-contrived principle, all fronts ofgovernment could not join together to help. We seem lost,searching for answers, Mr. President. And while we aspolicymakers focus on political questions such as whetherindividuals should be reimbursed for all their losses or onlyjust a part, whether businesses should get this level of a loanor grant, whether the Federal government and the State govern-ment should get involved with individual cases and at whatlevel, whether local governments need the State's help in re-building their roads and bridges, and of all things, whether itis right for our representatives in Washington to ask the Feder-al government to allocate disaster funds for our own naturaldisasters.

There are more important questions, Mr. President; ques-tions that deserve solutions. But they are all of virtually noimportance right now to those who lost their homes, their busi-nesses, and their futures, because the homeowners in WestNewton, EIi7.abeth, Forward Township, West Elizabeth, Du-quesne, McKeesport, Delmont, and so on and so on and so on,whose basements were flooded and whose furnaces werewashed away and they cannot get heat with the amount ofreimbursement that the families arc due from the Feds, nor canthe business owner whose inventory was lost afford to stay inbusiness, nor can the widow who lives paycheck to paycheckwhose home was destroyed make do on the extent of relief thatis offered. These people are hurting and hurting badly. Theyneed government at all levels to work together to bring its besteffort forth, to stop the partisan bickering for one minute andforget about one-upping each other. Floods have no regard forpolitics. They are nonpartisan and care little for the polls andthe pollsters and the pundits. They do not care that a politicianis willing to sacrifice his own State to underscore a principlethat no one understands, let alone believes in. We are not inthis business, Mr. President, to simply get our picture takenwhile visiting devastation, to fly over people's homes that havebeen destroyed and act concerned while never intending tohelp, to play to the media and the folks back home that theywere there to help them when they, most indeed, have no in-tention to do so.

And, Mr. President, I am frustmted that government has notresponded on a unified front, that some have chosen to hidebehind a veil of coumge while watching other people sufferingand trying to recover from the devastation of the flood. Thatis not what I consider principle to be about, and it certainly isnot what humanity is as I know it. We need to solve the politi-

cal problems and be fair in responding to the floods. We mustremember that the working men and women, the old, theyoung, disabled, who were not able to live out of hann's way,need help. We must remember that these are the people whomade up the backbone of this country, who have stood behindit and have gone to war on its behalf, who now need just alittle help on their own.

Yes, Mr. President, I am frustrated, because I think we cando better. We can join together, regardless of political partylabel, to dd the right thing. And, Mr. President, by workingtogether we can coordinate our responses bette~ cut bureaucm-cy, and get help to those who need it. Let us put aside thepartisanship, streamline the process, and get the help to thepeople who saw their lives decimated. We siIqlly camot waitmonths upon months for relief. I have seen too many floods inthe Mon Valley during my lifetime to be satisfied that wecannot do better. Let us do better on responding to the floodand learn that not every crisis is so like the one before it, thatindividual problems need individual assistance, and that behiDIevery washed-out cellar, inoperable furnace, and broken wallis a person who now needs our help.

And as I said, Mr. President, I am not criticizing those indi-viduals like yourself who got involved, who worked throughproblems and who are involved in tlying to make a difference.I am simply saying that if you are not willing to support aunited effort to do what is right, please do not act like you do.Our junior United States Senator should not disgrace thoseindividuals who are working their way out of a flood by lettingon that he supports them and acts like be cares. Let us all whoare elected to help solve problems be there for our peoplewhen the chips are down. Our junior U.S. Senator should knowbetter. He should join those of us like you, Mr. President, whoare united in trying to help. By being unable to support thedisaster, our junior Senator has il\iected some partisanshipwhen it is least needed. And, Mr. President, as I indicated, Iwant to thank you for becoming involved and for helping tomanage a most dire situation.

And, Mr. President, yesterday for 6 1/2, 7, or 8 hours on thefloor of the Senate here we heard one term being said over andover and over again, and that is "human being." We in theMon Valley, Mr. President, are human beings. I think we de-serve to be treated like human beings. I think we have a rightto raise our families and to take care of our properties. Wehave that right. We are human beings. We are not animals tobe treated like animals. Not to have a whirlybinl over us whilewe are down there knee-high and hip-high in gook, and I willuse the word "gook" because I respect the Senate and theladies of the Senate. Some of the passengers in that whirlybintcould have come and helped us down in West Elizabeth tomove the property and to save some lives.

And as you said to me here just before, Mr. President, weare having a heavy, heavy rainstorm in Allegheny County.What is that going to do to our Mon Wley tonight? I hopeyou were wrong, and I hope the weather report was wrong, butwe are going to see, and I hope we can all join in saying aprayer that southwestern Pennsylvania, which I think was kindof wiped off the map and I think divided from the rest of the

file:///fclley


State of Penmylvania, that we are nobodies there now, but weare a somebody, Mr. President, in the Mon Valley, and wedeserve to be helped. Our seniors and our disabled deserve tobe helped. And, Mr. President, I am asking you and all thework you have done to keep up the good work, but, please, weneed help in the Mon Valley.

Thank you, Mr. President.

UNFINISHED BUSINESSSENATE RESOLUTION

DESIGNATING APRIL 15 THROUGH 19, 1996,AS "COMMUNITY BANKING WEEK"

IN PENNSYLVANIA

Senators HOLL, MUSTO, CORMAN, STOUT, ULIANA,PICCOLA, SALVATORE, SCHWARTZ, HART,BRIGHTBILL, ROBBINS, SHAFFER, WAGNER, AF-FLERBACH, LOEPER, O'PAKE, JUBELIRER, MOWER~GERLACH, BODACK, BELL, HELFRICK, WENGER,LEMMOND, GREENLEAF and TOMLINSON, by unanimousconsent, offered the following resolution (Senate ResolutionNo. 109), which was read, considered and adopted:

In the Senate. March 19, 1996

A RESOLlmON

Designating April IS through 19, 1996, as "Community BankingWeek" in Pennsylvania.

WHEREAS, For more than ISO years, Pennsylvania's communityfmancial institutions have provided the local support our communitiesneed to prosper and grow, and

WHEREAS, Today, more than 300 community banks in thisCommonwealth continue the tradition of giving back to their localcommunities through nearly 2,000 banking omces~ and

WHEREAS, With more than $81 billion in assets, communitybanks know that when money stays in town, it becomes a renewableresource, creating an economic cycle that constantly revitalizes andstimulates local communities~ and

WHEREAS, Community banks are working citizens in their com-munities in every sense of the word with more than 30,000 full-timeand part-time employees~ and

WHEREAS, These banks have made significant contributions tothe economic well-being of this Commonwealth through their fman-cial support, their dedication as good neighbors and, above all, theirservice as fmancially sound and reliable sources of economic life-blood in our communities; and

WlIERr~S, Pennsylvania's community banks focus on the pros-perity of individuals and small businesses in their hometowns; and

WHEREAS, Community banks have reinvested, on average, 95%of their loan portfolio in their own communities through residentialmortgages and commercial, agricultural and student loans; and

WHEREAS, Community banks play a significant role in localeconomic development efforts, stimulating the economy to producejobs and new opportunities and, as a group, they contribute an impor-tant and strong part of this Commonwealth's economic fabric~ and

WHEREAS, Community banks also enjoy the trust of their cus-tomcrs~ and

WlmREAS, Indeed, neighbors are helping neighbors build theirhomes, save for higher education, plan for retiremenl and fulfill otherdrcams~and

WHEREAS, Commmity banks have long helped in the develop-ment of our communities and this Commonwealth as a whole; there-fore be it

RESOLVED, That the Senate of Pennsylvania designate April 15through ]9, ]996, as "Community Banking Week" in Pennsylvaniawith heartfelt appreciation for the contributions of these helpful insti-tutions.

COMMUNICATIONS FROM THE GOVERNOR

NOMINATION REFERRED TO COMMITTEE

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

MEMBER OF THE STATE BOARDOF PODIATRY

March 19, 1996


In conformity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, Thomas J. Rittenhouse, D.PM,120 Nelson Street, Clalks Green 18411, Lackawanna Colmty, Twenty-second Senatorial District, for reappointment as a member of the StateBoard of Podiatry, to serve for a term of four years or until his suc-cessor is appointed and qualified, but not longer than six monthsbeyond that period.


CORRECTION TO NOMINATIONREFERRED TO COMMITTEE

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

MEMBER OF THE WORKMEN'S COMPENSATIONAPPEAL BOARD

March 19, 1996

To the Honomble, the Senate of the Commonwealth ofPennsyIvania:

Please note the nomination dated March 15, 1996 for the appoint-ment of Lita V Pittman, Esquire, 250 Alcoma Boulevard #605, Pitts-burgh 15235, Allegheny County, Forty-third Senatorial District, as amember of the Workmen's Compensation Appeal Bomd, to serve untilthe third Tuesday of January 1999, and until her successor is ap-pointed and qualified, vice J. Douglas Wolfe, Esquire, Johnstown,whose tenn expired, should be corrected to read:

Leta V. Pittman, Esquire, 250 Alcoma Boulevard #605, Pitts-burgh 15235, Allegheny County, Forty-third Sertatorial District, as amember of the Workmen's Compensation Appeal Board, to serve mtilthe third Tuesday of January 1999, and until her successor is ap-pointed and qualified, vice J. Douglas Wolfe, Esquire, Johnstown,whose tenn expired.

HOUSE MESSAGES

SENATE BILL RETURNED WITH AMENDMENTS

The Clerk of the House of Representatives returned to theSenate SO 808, with the infonnation the House has passed the

file:///fcllcy


same with amendments in which the concurrence of the Senateis requested.

The PRESIDENT. Pursuant to Senate Rule XI~ section 5,this bill will be referred to the Committee on Rules and Execu-tive Nominations.

HOUSE CONCURS IN SENATE AMENDMENTSTO HOUSE BILL

The Clerk of the House of Representatives informed theSenate that the House has concurred in amendments made bythe Senate to HB 1~78.

BILL SIGNED

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

DB 1~78.

ANNOUNCEMENTS BY THE SECRETARY

The following announcements were read by the Secretaty ofthe Senate:

SENATE OF PENNSYLVANIA

COMMITfEE MEETINGS

llJESDAY, MARCH 20, 1996

9:4~ A.M. APPROPRIATIONS (to consider Room 461Special Session Senate Bills No. 2 Main Capitoland ~; and Senate Bills No. 13~3and 1431)

POSTPONED TO TIfE CALL OF TIlE CHAIR10:4~ A.M. AGING AND YOUnt (to consider Room 461

Senate Bill No. 46S; House Bill No. Main Capitol2063; and any other business thatmay come before the Committee)

1O:4S A.M. ENVIRONMENTAL RESOURCES Rules CmteAND ENERGY (to consider proposed Conf. Rm.Regulation No. 11-129, fees of theUnderground Storage Tank Indemni-fication Fund)

1:00 P.M. ENVIRONMENTAL RESOURCES Room 8E-AAND ENERGY (public hearing East Wingregarding "ISO 14000" - standards forenvironmental management systemswhich are being developed by theInternational Standards Organization;focus on what ISO 14000 is. how itwill work, and what implications itmight hold for environmental regulation)

TIIURSDAY, APRIL 2S. 1996

9:30 A.M. CONSUMER PROTECTION AND Room 8E-BPROFESSIONAL LICENSURE East Wing(public hearing on telecommunicationsderegulation • a progress report onimplementation of Chapter 30 of thePublic Utility Code)

ADJOURNMENT

Senator LOEPER. Mr. President, I move that the Senate donow adjourn until Wednesday, March 20, 1996, immediatelyfollowing the adjournment of the Special Session.

The motion was agteed to.The Senate adjourned at 4:45 p.m, Eastern Standard TIme.

Documents

~gisla:tifr~~Jaurna:l1996/03/19 · COMMONWEALTH OF PENNSYLVANIA ~gisla:tifr~~Jaurna:l TUESDAY, MARCH 19, 1996 SESSION OF 1996 180TH OF THE GENERAL ASSEMBLY No. 16 SENATE 11JESDAY,