1fi.egislatifte 31llurnaljan 24, 2000 · ion university ofpennsylvania ofthe state system ofhigher...

COMMONWEALTH OF PENNSYLVANIA

1fi.egislatifte 31llurnalMONDAY, JANUARY 24, 2000

SESSION OF 2000 184TH OF THE GENERAL ASSEMBLY No.2

SENATEMONDAY, January 24, 2000

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

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

munication in writing from His Excellency, the Governor of theCommonwealth, which was read as follows:

COMMONWEALTH OF PENNSYLVANIAOffice of the Governor

Harrisburg

January 12, 2000

PRAYER

The Chaplain of the Senate, Reverend GRACE T. LAWRENCE, ofFirst Baptist Church, Lykens, offered the followingprayer:

To the Honorable, the Senate ofPennsylvania of theCommonwealth ofPennsylvania:

Ifit meets with the approval ofthe General Assembly, I would liketo address the members in Joint Session on Tuesday, February 8, 2000,at a time convenient to the General Assembly.

January 7, 2000

January 5, 2000

THOMAS 1. RIDGEGovernor


NOMINATIONS REFERRED TO COMMITTEE

MEMBER OF THE WORKMENS COMPENSATIONAPPEAL BOARD

MEMBER OF THE STATE BOARD OF EXAMINERSIN SPEECH-LANGUAGE AND HEARING

To the Honorable, the Senateof the Commonwealth ofPennsylvania:

In confonnity with law, I have the honor hereby to nominate forthe adyice and consent o~ the Senate, The Honorable Hany Schwartz,461 Pmewood Road, Philadelphia 19116, Philadelphia County, FifthSenatorial District, for appointment as a member of the Workmen'sCompensation Appeal Board, to serve until the third Tuesday of January 2003 and until his successor is appointed and qualified, add tocomplement.

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

To the Honorable, the Senate

The PRESIDENT laid before the Senate the following com- of the Commonwealth of Pennsylvania:

The PRESIDENT. The Chair thanks Reverend Lawrence,who is the guest today of Senator Piccola.

JOURNAL APPROVED

The PRESIDENT. A quonnn ofthe Senate being present, theClerk will read the Journal of the preceding Session of January4,2000.

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

COMMUNICATIONS FROM THE GOVERNOR

JOINT SESSION

Let us pray.Creator God, in this moment of prayer in this Senate Cham

ber, we need to hear Your voice, sense Your presence, receiveYour wisdom. Come nearer than ever before and guide theMembers ofthis Chamber through the deliberations of this day,lest they give way to selfishness, lest they yield to lower natures.

Create new warmth and appreciation among them. Grantthat in their disagreements they will not be disagreeable. Enablethem to differ without being difficult, to be honest without tension, and to be frank without offense. In Your spirit, may theirwork be done for the good of this great Commonwealth. Protectand keep them and their families.

And today especially we pray for our Governor and the Lieutenant Governor. Grant to the Governor healing and grant to theLieutenant Governor courage and stamina. Bestow Your mercies and receive our gratitude. This we pray in Your holy name.Amen.

1214 LEGISLATIVE JOURNAL - SENATE JANUARY 24,

In conformity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, Mary Sheila Coyne, 211 Mt.Alverno Road, Media 19063, Delaware COWlty, Ninth Senatorial District, for reappointment as a member of the State Board of Examinersin Speech-Language and Hearing, to serve for a term of three years andWltil her successor is appointed and qualified, but not longer than sixmonths beyond that period.

mOMAS J. RIDGEGovernor


January 7, 2000


In conformity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, F. Irene Graybill (Public Member), 48 Eisenhower Boulevard, Duncannon 17020, Perry COWlty,Thirty-first Senatorial District, for reappointment as a member of theState Board of Examiners in Speech-Language and Hearing, to servefor a tenD ofthreey~ and mtil her successor is appointed and qualified, but not longer than six months beyond that period.


MEMBER OF THE STATEA11D..ETIC COMMISSION

January 13, 2000


In conformity with law, I have the honor hereby to nominate forthe advice and consent ofthe Senate, Charles P. Bednarik, 6379 Winding Road, Coopersburg 18036, Lehigh COWlty, Sixteenth SenatorialDistrict, for reappointment as a member of the State Athletic Commission, to serve for a term of four years and Wltil his successor is appointed and qualified.


MEMBER OF THE STATEATHLETIC COMMISSION

January 13, 2000


In conformity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, Andrew A. DePaolo, 107 Evandale Drive, Pittsburgh 15220, Allegheny COWlty, Thirty-seventh Senatorial District, for reappointment as a member of the State AthleticCommission, to serve for a term of four years and Wltil his successoris appointed and qualified.

mOMAS 1. RIDGEGovernor

MEMBER OF THE COUNCIL OF TRUSTEES OFCLARION UNIVERSITY OF PENNSYLVANIA OFTHE STATE SYSTEM OF IDGHER EDUCATION

January 13,2000

To the Honorable, the Senateof the Commonwealth of Pennsylvania:

In conformity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, Richard R. Hilinski, 3830 LewisAvenue, Apt. 7, Erie 16504, Erie COWlty, Forty-ninth Senatorial District, for appointment as a member of the COlUlCil ofTrustees ofClarion University of Pennsylvania of the State System ofHigher Education, to serve until the third Tuesday of January 2005, and Wltil hissuccessor is appointed and qualified, vice Raymond A. Peltcs, Clarion,whose term expired.

THOMAS J. RIDGEGovernor

MEMBER OF THE STATE HORSERACING COMMISSION

January 13, 2000


In conformity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, Paul D. Mills, 275 South WilsonLane, York 17406, York COWlty, Twenty-eighth Senatorial District, forreappointment as a member of the State Horse Racing Commission, toserve for a tenn ofthree years and Wltil his successor is appointed andqualified, but not longer than six months beyond that period.


MEMBER OF THE MUNICIPAL POLICE OFFICERS'EDUCATION AND TRAINING COMMISSION

January 13,2000


In conformity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, John E. Shea, 700 Grant Street,P.O. Box 1315, Pittsburgh 15219, Allegheny COWlty, Thirty-eighthSenatorial District, for appointment as a member of the MunicipalPolice Officers' Education and Training Commission, to serve WltilFebruary 21, 2002 and Wltil his successor is appointed and qualified,vice Richard M. Mosquera, Sewickley, whose term expired.


MEMBER OF THE STATE BOARDOF BARBER EXAMINERS

January 18, 2000


2000 LEGISLATIVE JOURNAL - SENATE 1215

In confonnity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, Elisabeth Baker (Public Member), P.O. Box 59, Mt. View Drive, Lehman 18627, Luzerne County,Twentieth Senatorial District, for appointment as a member of theState Board ofBarber Examiners, to serve for a term of three years andmtil her successor is appointed and qualified, but not longer than sixmonths beyond that period, vice Lois K. Herr, Manheim, resigned.


MEMBER OF THE STATE BOARDOF BARBER EXAMINERS

January 18, 2000

To the Honorable, the Senateofthe Commonwealth ofPennsylvania:

In confonnity with law, I have the honor hereby to nominate forthe advice and consent ofthe Senate, Clara Sienkiewicz (Public Member), 27 Annette Drive, Enola 17025, Cwnberland County, Thirty-firstSenatorial District, for appointment as a member of the State Board ofBarberExaminers, to serve for a term of three years and Wltil her successor is appointed and qualified, but not longer than six months beyond that period, vice Nancy E. Anderson, Elizabethtown, resigned.

moMAS J. RIDGEGovernor

MEMBER OF THE BOARD OF TRUSTEES OFCENTRAL YOUTH DEVELOPMENT CENTER

January 18,2000

To the Honorable, the Senateofthe Commonwealth ofPennsylvania:

In confonnity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, Elisabeth Baker, P.O. Box 59,Mt. View Drive, Lehman 18627, Luzerne County, Twentieth Senatorial District, for appointment as a member of the Board of Trustees ofCentral Development Center [sic], to serve until the third Tuesday ofJanuary 2005, and until her successor is appointed and qualified, viceGloria J. McPherson, Esq., Landisburg, resigned.



January 18, 2000


In confonnity with law, I have the honor hereby to nominate forthe advice and consent ofthe Senate, Donna Kriner, 6320 DarlingtonDrive, Harrisburg 17112, Dauphin COWlty, Fifteenth Senatorial District, for appointment as a member of the Board ofTrustees ofCentralYouth Development Center, to serve until the third Tuesday ofJanuary2005, and until her successor is appointed and qualified, vice StephenJ. Suknaic, Camp Hill, resigned.



January 18, 2000


In conformity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, Clara Sienkiewicz, 27 AnnetteDrive, Enola 17025, Cwnberland County, Thirty-first Senatorial District, for appointment as a member of the Board of Trustees of CentralYouth Development Center, to serve mtil the third Tuesday of January2005, and until her successor is appointed and qualified, vice RichardM. Dracha, Elliottsburg, resigned.



January 18, 2000


In conformity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, Daron Smith, 319 MaywoodRoad, York 17402, York County, Twenty-eighth Senatorial District, forappointment as a member ofthe Board ofTrustees ofCentral Development Center [sic], to serve until the third Tuesday of January 2005,and until his successor is appointed and qualified, vice Martha L.Hurwitz, Harrisburg, resigned.

moMAS J. RIDGEGovernor

MEMBER OF THE BOARD OF TRUSTEES OFCEN1RAL YOUTH DEVELOPMENT CENTER

January 18,2000


In conformity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, Valerie Smith, 7723 FarmdaleAvenue, Harrisburg 17112, Dauphin COWlty, Fifteenth SenatorialDistrict, for appointment as a member of the Board of Trustees ofCentral Youth Development Center, to serve until the third Tuesday ofJanuary 2005, and until her successor is appointed and qualified, viceAllen E. Hench, Esquire, Newport, resigned.

THOMAS J. RIDGE"Governor


January 18, 2000


In conformity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, Annette Steele, 2029 Bonita


Court, Harrisburg 17110, Dauphin County, Fifteenth Senatorial District, for appointment as a member of the Board ofTrustees of CentralYouth Development Center, to serve until the third Tuesday of January2005, and until her successor is appointed and qualified, vice MacDonald Heebner, Jr., State College, resigned.

maMAS 1. RIDGEGovernor


January 18,2000


In conformity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, Paula Vitz, 265 BrookviewDrive, Red Lion 17356, York County, Twenty-eighth Senatorial District, for appointment as a member of the Board ofTrustees of CentralYouth Development Center, to serve until the third Tuesday of January2005, and until her successor is appointed and qualified, vice CalvinH. Robinson, Harrisburg, resigned.


MEMBER OF THE BOARD OF TRUSTEESOF EBENSBURG CENTER

January 18,2000


In conformity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, Valerie Smith, 7723 FarmdaleAvenue, Harrisburg 17112, Dauphin County, Fifteenth SenatorialDistrict, for appointment as a member of the Board of Trustees ofEbensburg Center, to serve mtil the third Tuesday of January 2005 anduntil her successor is appointed and qualified, vice Eileen Koegler,Altoona, deceased.

maMAS J. RIDGEGovernor

MEMBER OF THE BOARD OF TRUSTEESOF EBENSBURG CENTER

January 18,2000


In conformity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, Annette Steele, 2029 BonitaCourt, Harrisburg 17110, Dauphin County, Fifteenth Senatorial District, for appointment as a member of the Board of Trustees ofEbensburg Center, to serve until the third Tuesday of January 2005 anduntil her successor is appointed and qualified, vice Jean A. Damin,Ebensburg, resigned.


MEMBER OF THE PENNSYLVANIA ENERGYDEVELOPMENT AUTHORITY

Januat)' 18, 2000


In conformity with law, I have the honor hereby to nominate forthe advice and consent ofthe Senate, Michelle M. Grove, 220 UmbertoStreet, New Cwnberland 17070, Cwnberland County, Thirty-fIrstSenatorial District, for appointment as a member of the PennsylvaniaEnergy Development Authority, to serve until March 19, 2000 anduntil her successor is appointed and qualified, vice James J. Canova,East McKeesport, resigned.


MEMBER OF THE HEALTH POLICY BOARD

January 18, 2000


In conformity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, Mark Navarro, 4184 KittatinnyDrive, Mechanicsburg 17055, Cmnberland County, Thirty-first Senatorial District, for appointment as a member ofthe Health Policy Board,to serve for a term of three years and until his successor is appointedand qualified, vice Dr. William G. Berger, Grove City, resigned.


MEMBER OF THE BOARD OF TRUSTEES OFMAYVIEW STATE HOSPITAL

January 18, 2000


In conformity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, Mark Navarro, 4184 KittatinnyDrive, Mechanicsburg 17055, Cmnberland County, Thirty-fIrst Senatorial District, for appointment as a member of the Board of Trustees ofMayview State Hospital, to serve until the third Tuesday of January2001, and mtil his successor is appointed and qualified, vice Thomas1. Burke, Pittsburgh, resigned.


MEMBER OF THE STATE BOARD OF OCCUPATIONALTHERAPY EDUCATION AND LICENSURE

January 18,2000


In conformity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, Megan 1. Consedine, Esquire,1954 Daybreak Circle, Harrisburg 17110, Dauphin County, FifteenthSenatorial District, for appointment as a member of the State Board of


Occupational Therapy Education and Licensure, to serve until March24,2001 and lDltil her successor is appointed and qualified, vice Patricia Sharer Kilgannon, Doylestown, resigned.


MEMBER OF THE STATE PLANNING BOARD

January 18, 2000


In conformity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, Mark Navarro, 4184 KittatinnyDrive, Mechanicsburg 17055, Cumberland County, Thirty-first Senatorial District, for appointment as a member of the State Planning Board,to serve for a term of four years and Wltil his successor is appointedand qualified, pursuant to Act 58, approved June 27, 1996.


MEMBER OF THE STATE PLANNING BOARD

January 18, 2000


In conformity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, Valerie Smith, 7723 FarmdaleAvenue, Harrisburg 17112, Dauphin COWlty, Fifteenth SenatorialDistrict, for appointment as a member of the State Planning Board, toserve for a term of four years and lmtil her successor is appointed andqualified, vice Richard W. Hayden, Philadelphia, resigned.

maMAS J. RIDGEGovernor

MEMBER OF THE STATE BOARDOF PODIATRY

January 18,2000


In conformity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, Elisabeth Baker (Public Member), P.O. Box 59, Mt. View Drive, Lelunan 18627, Luzerne COlmty,Twentieth Senatorial District, for appointment as a member of theState Board ofPodiatry, to serve for a term of four years or Wltil hersuccessor is appointed and qualified, but not longer than six monthsbeyond that period, vice Marie S. Wynder, Wilkes-Barre, whose termexpired.


MEMBER OF THE STATE BOARDOF PSYCHOLOGY

January 18, 2000


In confonnity with law, I have the honor hereby to nominate forthe advice and consent ofthe Senate, Michelle M. Grove (Public Member), 220 Umberto Street, New Cumberland 17070, CumberlandCounty, Thirty-frrst Senatorial District, for appointment as a memberofthe State Board ofPsychology, to serve Wltil November 10, 2002 orWltil her successor is appointed and qualified, but not longer than sixmonths beyond that period, vice Anthony 1. Fubio, resigned.


MEMBER OF THE PENNSYLVANIA PUBLICTELEVISION NETWORK COMMISSION

January 18, 2000


In confonnity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, Paula Vitz, 265 BrookviewDrive, Red Lion 17356, York County, Twenty-eighth Senatorial District, for appointment as a member of the Pennsylvania Public Television Networlc Commission, to serve for a term ofsix years, or until hersuccessor is appointed and qualified, but not longer than six monthsbeyond that period, vice Rania 1. Harris, Pittsburgh, whose term expired.


MEMBER OF THE BOARD OF TRUSTEES OFSOUTH MOUNTAIN RESTORATION CENTER

January 18,2000


In conformity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, Paula Vitz, 265 BrookviewDrive, Red Lion 17356, York County, Twenty-eighth Senatorial District, for appointment as a member ofthe Board ofTrustees ofSouthMOlDltain Restomtion Center, to serve until the third Tuesday of January 2003, and lDltil her successor is appointed and qualified, vice Mildred Benner, deceased.


MEMBER OF THE BOARD OF TRUSTEES OFWERNERSVilLE STATE HOSPITAL

January 18, 2000


In conformity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, Paula Vitz, 265 BrookviewDrive, Red Lion 17356, York County, Twenty-eighth Senatorial District, for appointment as a member of the Board of Trustees ofWernersville State Hospital, to serve lmtil the third Tuesday ofJanuary2005, and lDltil her successor is appointed and qualified, vice John W.Murphy, Jr., Reading, resigned.



MEMBER OF THE BOARD OF TRUSTEES OFWESTERN YOUTH DEVELOPMENT CENTER

January 18, 2000


In confonnity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, Annette Steele, 2029 BonitaCourt, Harrisburg 17110, Dauphin County, Fifteenth Senatorial District, for appointment as a member of the Board ofTrustees ofWesternYouth Development Center, to serve until the third Tuesday of January2001, and until her successor is appointed and qualified, vice TheHonorable Cheryl Allen Craig, Pittsburgh, resigned.


MEMBER OF THE STATE BOARDOF CHIROPRACTIC

January 20, 2000


In conformity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, Dr. Jonathan W. McCullough,282 Holland Road, Holland 18966, Bucks County, Tenth SenatorialDistrict, for reappointment as a member of the State Board ofChiropractic, to serve for a term of four years or until his successor isappointed and qualified, but not longer than six months beyond thatperiod.


MEMBER OF THE PENNSYLVANIA HOUSINGFINANCE AGENCY

January 20, 2000


In conformity with law. I have the honor hereby to nominate forthe advice and consent ofthe Senate, Mark S. Schwartz, Esquire, 1044Claire Avenue, Huntingdon Valley 19006, Montgomery County,Twelfth Senatorial District, for reappointment as a member of thePennsylvania Housing Finance Agency, to serve until July 20,2004and until his successor is appointed and qualified.


MEMBER OF THE STATE BOARDOF PODIATRY

January 20, 2000


In conformity with law, I have the honor hereby to nominate forthe advice and consent of the Senate. S. Ronald Miller, D.P.M., 14Courtleigh Place, Reading 19606, Berks County. Eleventh SenatorialDistrict. for appointment as a member of the State Board of Podiatry,to serve for a term offour years or until his successor is appointed and

qualified, but not longer than six months beyond that period, vice Stanley E. Boc, D.P.M.• Philadelphia, whose term expired.


CORRECTIONS TO NOMINATIONSREFERRED TO COMMITTEE

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

MEMBER OF THE PENNSYLVANIA CANCERCONTROL, PREVENTION AND RESEARCH

ADVISORY BOARD

January 5, 2000


Please note the nomination dated November 29, 1999 for the appointment of Patricia Halpin Murphy. 311 Fox Ridge Court, Harrisburg 17102, Dauphin County, Fifteenth Senatorial District. for appointment as a member ofthe Pennsylvania Cancer Control, Prevention andResearch Advisory Board, to serve for a term of four years and untilher successor is appointed and qualified, vice Samuel S. Bruner,Swarthmore. whose term expired, should be corrected to read:

Patricia Halpin Murphy, 1019 Ingram Court. Ambler 19002,Montgomery County. Twelfth Senatorial District, for appointment asa member of the Pennsylvania Cancer Control. Prevention and Research Advisory Board. to serve for a term of four years and until hersuccessor is appointed and qualified. vice Samuel S. Bruner,Swarthmore, whose term expired.

MEMBER OF THE STATE BOARDOF PSYCHOLOGY

January 5, 2000


Please note the nomination dated December 22. 1999 for the appointment ofCatherine L. Maxener (Public Member). 114 Ryan Lane.Milford 18337, Bradford County, Twenty-third Senatorial District. forappointment as a member of the State Board of Psychology, to serveuntil March 19.2000 or until her successor is appointed and qualified,but not longer than six months beyond that period, vice Betty SawyerBrown. Hummelstown, resigned. should be corrected to read:

CatherineL. Maxener (Public Member). 114 Ryan Lane, Milford18337, Pike County, Twentieth Senatorial District, for appointment asa member of the State Board of Psychology. to serve lUltil March 19,2000 or until her successor is appointed and qualified, but not longerthan six months beyond that period, vice Betty Sawyer-Brown,Hummelstown, resigned.

MEMBER OF THE WORKMEN'S COMPENSATIONAPPEAL BOARD

January 7. 2000



Please note the nomination dated January 5, 2000 for the appointment ofThe Honorable HaIry Schwartz., 461 Pinewood Road, Philadelphia 19116, Philadelphia COWlty, Fifth Senatorial District, for appointment as a member ofthe Workmen's Compensation Appeal Board, toserve until the third Tuesday of January 2003 and until his successoris appointed and qualified, add to complement, should be corrected toread:

The Honorable Harry Schwartz, 461 Pinewood Road, Philadelphia19116, Philadelphia County, Fifth Senatorial District, for appointmentas a member of the Workers' Compensation Appeal Board, to serveuntil the third Tuesday ofJanuary 2003 and until his successor is appointed and qualified, add to complement.

MEMBER OF THE STATE HORSERACING COMMISSION

January 20, 2000


Please note the nomination dated January 13, 2000 for the appointment of Paul D. Mills, 275 South Wilson Lane, York 17406, YorkCounty, Twenty-eighth Senatorial District, for reappointment as amember ofthe State Horse Racing Commission, to serve for a tenn ofthree years and until his successor is appointed and qualified, but notlonger than six months beyond that period, should be corrected to read:

Paul D. Mills, 275 South Wilson Lane, York 17406, York County,Thirteenth Senatorial District, for reappointment as a member of theState Horse Racing Commission, to serve for a tenn ofthree years anduntil his successor is appointed and qualified, but not longer than sixmonths beyond that period.

BILLS INTRODUCED AND REFERRED

The PRESIDENf laid before the Senate the following SenateBills numbered, entitled, and referred as follows, which wereread by the Clerk:

January 6, 2000

Senators SLOCUM, EARLL, ROBBINS, WENGER,WAUGH, HART, COSTA, O'PAKE, THOMPSON andBOSCOLA presented to the Chair S8 1256, entitled:

An Act amending the act of March 4, 1971 (P.L.6, No.2), entitledTax Reform Code of 1971, further providing for exclusions from salesand use tax.

Which was committed to the Committee on FINANCE,January 6, 2000.

Senators MOWER~ WENGER, TARTAGLIONE,WOZNIAK, ROBBINS, WHITE, BELL, O'PAKE andLEMMOND presented to the Chair S8 1257, entitled:

An Act providing for viatica! settlements and for powers andduties of the Insurance Department.

Which was committed to the Committee on BANKING ANDINSURANCE, January 6, 2000.

Senators BELL, ROBBINS, KITCHEN, BELAN,BRIGlITBILL, DENT, WAUGH, WENGER, TILGHMAN,TOMLINSON, LEMMOND, HART, GERLACH,SCHWARTZ, THOMPSON, MOWERY, MUSTO,

STAPLETON, KUKOVICH, CONTI, LAVALLE, EARLL,COSTA, WHITE, RHOADES, GREENLEAF and MELLOWpresented to the Chair SB 1258, entitled:

An Act amending Title 75 (Vehicles) of the PennsylvaniaConsolidated Statutes, finther providing for veteran plates and placard.

Which was committed to the Committee onTRANSPORTATION, January 6, 2000.

January 19,2000

Senators PICCOLA, GERLACH, BELL, WENGER,KITCHEN, SALVATORE, SLOCUM, MOWERY, CORMAN,RHOADES and THOMPSON presented to the Chair SB 1259,entitled:

An Act amending Title 23 (Domestic Relations) of thePennsylvania Consolidated Statutes, further providing for the award ofcustody.

Which was committed to the Committee on JUDICIARY,January 19,2000.

Senators COSTA, BELAN, BOSCOLA, STOUT,TOMLINSON, BODACK, HUGHES, KASUNIC andMELLOW presented to the Chair SB 1260, entitled:

An Act amending the act ofMarch 4, 1971 (P.L.6, No.2), entitledTax Refonn Code of 1971, providing a tax credit for attendance atCommonwealth universities and colleges.

Which was committed to the Committee on FINANCE,January 19, 2000.

Senators TARTAGLIONE, KUKOVICH, COSTA,STAPLETON, KASUNIC, BODACK, BRIGHTBILL,TOMLINSON, WAGNER, BELAN, STOUT, SCHWARTZ,MELLOW and HAIU presented to the Chair S8 1261, entitled:

An Act amending the act of June 13, 1967 (P.L.31, No.21),entitled Public Welfare Code, providing for health and safety grants forlicensed child day-care providers~ and making an appropriation.

Which was committed to the Committee on AGING ANDYOUTH, January 19,2000.

GENERAL COMMUNICATIONS

ANNUAL REPORT OF THEMORRIS ARBORETUM

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

MORRIS ARBORETUM oftheUNIVERSITY OF PENNSYLVANIA

9414 Meadowbrook AvenuePhiladelphia, Pennsylvania 19118

January 7, 2000

Honorable Robert C. JubelirerSenate Post OfficeMain Capitol BuildingHarrisburg, PA 17202Dear Senator Jubelirer:


Enclosed is your copy of the Annual Report of the MorrisArboretum of the University of Pennsylvania for the fiscal year July,1998 to J\Ule, 1999.

What a year it was! In fiscal year 1998-99 the Morris Arboretumleapt into newfound prominence. The public garden has not lookedbetter since 1932, visitation levels soared off the charts, and educationand science at the Arboretum are thriving.

Please take a minute to review this annual report. It is a quicksnapshot of the major activities of the Arboretum over the past year. Ihope you share my pride in this institution that you support. Thisprogress portrayed simply would not be possible without the aid of ourlegislature.

Thank you for helping us serve the people of the Commonwealthby providing knowledge and recreational enjoyment.

Sincerely,

PAUL W. MEYERThe F. Otto Haas Director

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

ANNUAL REPORT OF THEPUBLIC UTILITY COMMISSION


LETTER TO THE GOVERNOR ANDMEMBERS OF THE GENERAL ASSEMBLY

The Honorable Thomas J. RidgeGovernor ofPennsylvania

The Honorable Mark S. SchweikerLt. Governor

Members of the General Assembly

I am honored to provide the 1998-99 Public Utility CommissionAnnual Report. This fiscal year marked dramatic progress inPennsylvania. The Commission successfully implemented the ElectricChoice Program, began the restructuring of the natural gas industryconsistent with the provisions of the recently enacted Natural GasChoice and Competition Act, and decisively moved to open the localtelephone markets to competition. As a result, the Commonwealth isviewed as a national leader in customer choice and utility deregulationefforts. Appropriately, we have titled this year's report, "GreaterChoices for Changing Times. "

Since the inception ofthe Electric Choice Program, approximately500,000 customers have selected an alternative electric supplier. Morethan 100 electric generation suppliers have been granted licenses toconduct business in the state. Our surveys indicate a majority ofPennsylvanians know about the program and how to participate. Theseoutstanding results give us confidence that electric customer choicewill continue to flourish.

Consumers who heat with natural gas will soon be able to followin the footsteps of Electric Choice Program participants, picking thecompany that supplies their natural gas. Several natural gas companiesalready have successful pilot programs in place and will expand themconsistent with the provisions of the Natural Gas Choice andCompetition Act. Other natural gas companies will implementcustomer choice programs within the next year. So far, nearly 40marketers and brokers have been approved for licenses to participatein this new competitive market.

Also this year, the Commission aggressively moved to jump-startlocal telephone competition and to fulfill the promise of networkmodernization under Chapter 30 of the Public Utility Code, and the

Telecommunications Act of 1996. We have laid the groundwork forhow local telephone companies will open their systems to greatercompetition. We hope to see both an increase in the number of localphone companies consumers can choose from and greater investmentin high-tech data and voice networks.

Our traditional role is to ensure that all Pennsylvanians haveaccess to safe, reliable and efficient"energy services. Our changing role,however, is to empower customers so they may take advantage of thebenefits of competition and exercise choice in changing times. Thefollowing report highlights our accomplishments toward meeting theseresponsibilities.

Respectfully,

JOHN M. QUAINChairmanPennsylvania Public UtilityCommission


ENTERPRISE DEVELOPMENTPROGRAM IMPACT REPORTS

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

SOUTHERN ALLEGHENIES'PLANNINGAND DEVELOPMENT COMMISSION

541 58TH StreetAltoona, Pennsylvania 16602

January 3, 2000

The Honorable Robert C. JubelirerPennsylvania State Senator292 Main CapitolPO Box 203030Harrisburg, PA 17120

Dear Senator Jubelirer:

I am pleased to provide for your review a copy of the enclosed FY1999 "Impact Report". This report details the accrued economicdevelopment benefits derived through the Commonwealth-supported"Enterprise Development" program administered by Pennsylvania'sseven Local Development Districts.

Each year, Southern Alleghenies Commission staff work withscores of business customers, providing low-interest business loans,technical assistance with foreign trade, el~tronic commerce and jobtraining. Ifyou so desire, I can provide a listing of companies that haverequested and received assistance through our Enterprise Developmentprogram underwritten, in part, through your support in thePennsylvania Senate.

Thank you for your continued support as we enter the newmillennium.

Sincerely,

EDWARD M. SILVErnExecutive Director

PUGLIESE ASSOCIATESPublic Affairs Consultants

500 North Third Street 9th FloorHarrisburg, Pennsylvania 17101

January 20, 2000


The Honorable Robert C. JubelirerPA Senate292 Main Capitol BuildingSenate Box 203030Harrisburg, PA 17120-3030


Enclosed for your review, please fmd a copy of the recentlypublished Enterprise Development Program Impact Report for fiscalyear 1998-99, as prepared by the Local Development DistrictAssociation ofPennsylvania (LDDAP). The report contains activitiesby the seven Local Development Districts that constitute the LDDAP.

The data is provided to specifically inform you of the ways inwhich state appropriated funds have been utilized to benefit businessattraction, expansion and retention efforts in the Commonwealth.

After you have had the opportunity to read this report, should youhave any questions, or desire any additional information, please do nothesitate to contact my office.

Sincerely,

ROCCO V. PUGLIESE

The PRESIDENT. These reports will be filed in the Library.

ANNUAL REPORT ON AUTO INSURANCESTATISTICS


COMMONWEALTII OF PENNSYLVANIAINSURANCE DEPARTMENT

1326 Strawberry SquareHarrisburg, PA 17120

January 11, 2000

Mr. Mark Corrigan, SecretarySenate ofPennsylvania462 Main CapitolHarrisburg, PA 17120

Dear Mr. Corrigan:

Act 6 of 1990 requires the Insurance Department to make anannual report to the General Assembly on various auto insurancestatistics. Specifically the Act states, "Beginning December 31, 1986,and each year thereafter, each insurance company writing automobileinsurance in this Commonwealth shall file with the InsuranceDepartment the number ofits insureds, the number of its insureds whohave purchased frrst party medical benefits in excess of the minimumrequired by §1711 (relating to required limits), and the number ofinsureds who have purchased first party medical benefits under§1715(aXI) and (1.1 ) (relating to availability ofadequate limits). TheInsurance Department shall furnish this infonnation to the GeneralAssembly annually. "

Accordingly, please fmd attached the following report that I amsubmitting to the General Assembly in compliance with this statutoryrequirement. The infonnation contained in the report is the most recentdata available.

Should any questions arise regarding the figures listed or theillustrative charts, members should feel free to contact me or ActingDeputy Commissioner Randy Rohrbaugh for more information.

As always, thank you for your assistance in distributing this report.

Sincerely,

M. DIANE KOKENInsurance Commissioner


COMPREHENSIVE ANNUAL FINANCIAL REPORT


COMMONWEALTII OF PENNSYLVANIAGOVERNOR'S OFFICE

Harrisburg

December 30, 1999

Honorable Robert C. JubelirerPresident Pro TemporeSenate ofPennsylvania292 Main Capitol BuildingHarrisburg, Pennsylvania 17120


I am pleased to provide you with a copy of the ComprehensiveAnnual Financial Report for the fiscal year ended June 30, 1999 for theCommonwealth of Pennsylvania. lhis report contains fmancialinformation covering all the activities and operations of stategovernment. It includes the general purpose fmancial statementsprepared by my office in accordance with generally acceptedaccounting principles (GAAP).

The Auditor General of the Commonwealth and the nationalaccounting finn ofEmst & Young I.LP have jointly audited our generalpurpose fInancial statements and have expressed their unqualifiedopinion on the fair presentation of the fmancial statements inconformity with GAAP.

Our 1999 report has been submitted to the Govenunent FinanceOfficers Association to be considered for the award ofour fourteenthconsecutive Certificate of Achievement for Excellence in FinancialReporting. Our publication of this report and the receipt of the awardare affirmations of Pennsylvania's continued commitment to financialaccountability and fiscal responsibility.

In addition, I am pleased to announce that you can also access our1999 Comprehensive Annual Financial Report on the Internet. Youwill fmd our horne page at: http://www.state.pa.uslPA_ExeclBudgetJ

We welcome your comments or questions on this report.

Sincerely,

ROBERT A. BfITENBENDERSecretary


ANNUAL REPORT OF THEPENNSYLVANIA CONSERVATION CORPS


COMMONWEALTII OF PENNSYLVANIADepartment ofLabor and Industry

Room 1700, Labor & Industry BuildingSeventh and Forster Streets

Harrisburg, PA 17120

December 31, 1999

Mark R. Corrigan, Secretary of the Senateand

Ted Mazia, Chief Clerk of the House ofRepresentatives

http://www.state.pa.us/PA__Exec/Budget/


Gentlemen:

I am pleased to submit the Pennsylvania Conservation Corps(PCC) annual report for fiscal year 1998-99, the Corps' fifteenth yearof operation.

Last year, 452 young men and women were given the opportunityto gain self-confidence and improve their employability as members ofthe PCC. Eighty-five corpsmembers completed courses at vocationaltechnical schools, community colleges and other educationalinstitutions; 42 were offered GED-preparation classes; and 26 took partin mentoring with local businesses and individuals. Nearly half of allcorpsmembers moved directly into jobs upon leaving the Corps.

During the fiscal year, the PCC completed 51 projects in 35counties. Corpsmembers constructed or renovated nearly 100buildings; improved or developed 344 miles of trails; helped preserve10 historic sites; and planted more than 44,000 seedlings and trees-toname just a few of their accomplishments.

In summary, FY 98-99 reflected a tradition of challenges,opportunities and accomplishments, all of which are docwnented in thepages that follow.

Sincerely,

JOHNNY J. BurLERSecretary


REPORT OF THE TREASUREROF TEMPLE UNIVERSITY


TEMPLE UNIVERSITYOffice ofFinancial Affairs

Philadelphia, Pennsylvania 19122

December 30, 1999

The Honorable Mark R. CorriganSenate Secretary/Parliamentarian462 Main Capitol BuildingHarrisburg, Pennsylvania 17120

Dear Senator Corrigan:

In compliance with Act 8A of July 6, 1996, I submit to youherewith the Report of the Treasurer of Temple University - Of TheCommonwealth System ofHigher Education for the fiscal year 199899.

Sincerely,

TIMOTHY C. O'ROURKEAssociate Vice Presidentand Controller


INSURANCE DEPARTMENTANNUAL STATISTICAL REPORT


COMMONWEALTII OF PENNSYLVANIAINSURANCE DEPARTMENT

1326 Strawberry SquareHarrisburg, PA 17120

December 21, 1999

To the General AssemblyCommonwealth of PennsylvaniaHarrisburg, Pennsylvania 17120

Re: Annual Statistical ReportJune 1, 1998 to June 30, 1999

Dear Members:

In accordance with Section 219 of The Insurance Department Actof May 17, 1921, P.L. 789, I am pleased to submit the AnnualStatistical Report of the Insurance Department of the Commonwealthof Pennsylvania for the fiscal year ending June 30, 1999.

This report shows the receipts and expenses of companies,associations, exchanges, societies and other doing business in thisCommonwealth. The statistics contained in the report were compiledfrom the December 31, 1998 Annual Statements filed with theDepartment by these entities.

As the fifth largest insurance marketplace in the nation, we areproud of Pennsylvania's record of expanding services to its citizenswhile providing a business friendly environment for insurancecompanies to flourish. During this reporting period, a net total of 38new companies obtained licenses to do insurance business in theCommonwealth. When compared to the prior period covering July 1,1998 through June 30, 1999, the total nwnber of companies licensedto do insurance business in the Commonwealth has increased from1,641 to 1,660.

The Insurance Department strives to make Governor Ridge's visionof Pennsylvania a reality by fostering an enlightened insurancemarketplace where fIre competition spurs better products and betterprices for the citizens of the Commonwealth .

Sincerely,

M. DIANE KOKENInsurance Commissioner


ANNUAL REPORT ON PENNSYLVANIA'SEARLY INTERVENTION ACTIVITIES


COMMONWEALTIl OF PENNSYLVANIAEarly Intervention Interagency Coordinating Council

Office ofMental RetardationP.O. Box 2675

Harrisburg, PA 17105

December 29, 1999

The Honorable Thomas J. RidgeRoom 225C, Main Capitol BuildingHarrisburg, Pennsylvania 17120

Dear Governor Ridge:

The annual report of Pennsylvania's Early Intervention activitiesis being submitted from the Departments of Health, Education and


Public Welfare, and the State Interagency Coordinating Council (ICC).The report highlights the major activities for Fiscal Year 1998-1999 incompliance with Pennsylvania Act 212-1990, the Early InterventionServices System Act and the Individuals with Disabilities EducationAct (IDEA). The Executive Swnmary representing the LD.E.A. Part Cactivities administered by the Department of Public Welfare andrequired by the U.S. Department ofEducation is also enclosed.

Pennsylvania is a leader in the development and implementationof the federal requirements under I.D.E.A. We offer these reports as acelebration oflife for families involved in early intervention activities.The Departments ofHea.lth, Education and Public Welfare have servednearly 43,000 children and families this fiscal year in the earlyintervention system. This report accounts for expenditures of state andfederal allocations and is a summation of special achievements.

The interagency collaboration with providers of early interventionservices and families on a state and local level has been facilitated bythe State ICC. The State ICC continues to assist and advise theDepartments ofHealth, Education and Public Welfare.

My daughter benefited tremendously from early intervention, soI am especially appreciative ofyour interest and support on behalf ofinitiatives for young children. Early intervention is of the utmostimportance to children and their families and our report reflectsstatewide accomplishments of which you can be very proud. TheCouncil continues to offer our assistance and support in promoting anearly intervention system that strengthens parents' abilities to raisetheir children with special needs in their homes.

Happy New Year!

Sincerely,

KATIIY BRILL, Chair


ANNUAL REPORT OF THE STATEFOOD PURCHASE PROGRAM


COMMONWEALTH OF PENNSYLVANIADepartment ofAgriculture2301 North Cameron St.

Harrisburg, PA 17110-9408

December 29, 1999

Mark CorriganSecretary of the Senate462 Main Capitol BuildingHarrisburg, Pennsylvania 17120

Dear Mr. Corrigan:

On behalf of the Department of Agriculture, I am pleased toprovide your office a report summarizing the activity under the StateFood Purchase Program for the year ended June 30, 1999. lbis reportis in accordance with Section 7(b) of the State Food Purchase ProgramAct (62 P.S. Section 4047(b», and its attendant regulations.

The program, which is administered by the Bureau of FoodDistribution, Department of Agriculture, provides cash grants to eachof the state's 67 counties for the purchase of food for distribution toneedy individuals based on the county's weighted percentage of thestate's total employment, Medical Assistance Eligibles, and Non-PublicAssistance Food Stamp Eligibles.

The report includes:- Exhibit "A" Allocation and Expenditure of Funds- Exhibit "B" Participation Report-- Exhibit "C" Variety, Pounds and Cost of Food Purchased

Also provided are the minutes of the March 10, 1999 andSeptember 21, 1999 meetings of the Emergency Food AssistanceAdvisory Committee.

Ifyou have any questions or require additional information, pleasedo not hesitate to contact me.

lt is hoped you are enjoying a happy holiday season.With warm personal regards, I remain

Sincerely,

SAMUEL E. HAYES, JRSecretary


APPOINTMENTS BYPRESIDENT PRO TEMPORE

The PRESIDENT. The Chair wishes to announce thePresident pro tempore has made the following appointments:

Dr. David Anthony Cronauer to the Board ofTrustees of thePennsylvania College of Optometry.

Mr. Vincent D. Rapp as a member of the Board of theInsurance Fraud Prevention Authority.

APPOINTMENT BY MAJORITY LEADER

The PRESIDENT. The Chair wishes to announce theMajority Leader has made the following appointment:

Mr. Richard G. Mingey as a member of the PennsylvaniaHousing Finance Agency.

APPOINTMENT BY MINORITY LEADER

The PRESIDENT. The Chair wishes to announce theMinority Leader has made the following appointment:

Mr. Joseph C. Scagliotti to serve as employer representativeon the Workers' Compensation Advisory Council.

LEGISLATIVE LEAVES

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

Senator MELLOW. Mr. President, I request legislative leavesfor Senator Belan and Senator Williams.

The PRESIDENT. Senator Mellow requests legislative leavesfor Senator Belan and Senator Williams. Without objection,those leaves are granted.

LEAVES OF ABSENCE

Senator LOEPER asked and obtained leaves of absence forSenator ARMSTRONG, Senator HELFRICK, and SenatorMOWERY, for loday's Session, for personal reasons.

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

SENATE CONCURRENT RESOLUTION

WEEKLY ADJOURNMENT

Senator LOEPER offered the following resolution, which wasread as follows:

1224 LEGISLATlVE JOURNAL - SENATE JANUARY 24,

In the Senate, January 24,2000

RESOLVED, (the House of Representatives concurring), Thatwhen the Senate adjourns this week it reconvene on Monday, January31,2000, Wlless sooner recalled by the President Pro Tempore of theSenate~ and be it further

RESOLVED, That when the House of Representatives adjournsthis week it reconvene on Monday, January 31, 2000, Wlless soonerrecalled by the Speaker of the House of Representatives.

On the question,Will the Senate adopt the resolution?

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

YEA-46

Belan Hart Murphy TartaglioneBell Holl Musto ThompsonBodack Hughes O'Pake TdglunanBoscola Jubelirer Piccola TomlinsonBrightbill Kasunic Punt WagnerConti Kitchen Rhoades WaughConnan Kukovich Robbins WengerCosta laValle Salvatore WhiteDent Lemmond Schwartz WilliamsEarll Loeper Slocum WomiakGerlach Madigan StapletonGreenleaf Mellow Stout

NAY-o

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

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

SPECIAL ORDER OF BUSINESSGUESTS OF SENATOR ROBERT J. THOMPSON

AND SENATOR JAMES W. GERLACHPRESENTED TO THE SENATE

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

Senator THOMPSON. Mr. President, Saturday, November20, was a momentous day for the Pennsylvania InterscholasticAthletic Association. On that day, three high school teams fromChester County came away from the tournament with Statechampionships in high school soccer. One of the three membersof that soccer dynasty is here in the Senate gallery thisafternoon. The second, the Octoraro High School Class AAState champions, were here earlier but had to leave to go backbefore they were able to be introduced on the floor, but we havein the gallery the members ofthe Downingtown Whippets Boys'Soccer Team, the Class AAA champions for 1999, and SenatorGerlach, who shares the district with me, will introduce them.

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

Senator GERLACH. Mr. President, in addition to thecomments by Senator Thompson, I, too, would like tocongratulate the Class AAA soccer champions for this year, the

Downingtown Whippets. This is the second year in a row thatthey are the State champions, the second time it has happenedin Pennsylvania history.

In addition to the coaches and team members, we also havethe principal of Downingtown High School, Walter Kottmeyer,as well as one ofour school district directors, Cynthia Hallman.I ask the Senate to please give the team, the coaches, and therepresentatives from the school district its heartiestcongratulations and acknowledgment at this time.

The PRESIDENT. Would our special guests please rise sothe Senate may welcome you.

(Applause.)The PRESIDENT. The Chair would say that we appreciate

your effort in being with us today.

GUESTS OF SENATOR NOAH W. WENGERPRESENTED TO THE SENATE

The PRESIDENT. The Chair recognizes the gentleman fromLancaster, Senator Wenger.

Senator WENGER Mr. President, I had some special guestsin the gallery, but I am not sure if they are still in the gallery ornot. They may have had to leave, but I would like to introducethem and have them stand if they are still here.

I would like to introduce a lovely young lady. She is a9-year-old third grader at New Holland Elementary School. Hername is Samantha Griffith and she lives in New Holland. Shelikes art and soccer and is visiting here in the Capitol today. Iwould like to welcome her and her grandfather, Mr. JimCockerham, who lives in Downingtown in Chester County. Ihope they are still here so we can welcome them to thePennsylvania Senate.

The PRESIDENT. Would our special guests please rise andgive us a wave so we know you are present.

(Applause.)The PRESIDENT. We are delighted that you are with us, and

thank you, Senator Wenger, for that acknowledgment.

SPECIAL ORDER OF BUSINESSANNOUNCEMENT BY THE SECRETARY

The SECRETARY. Consent has been given for theCommittee on Rules and Executive Nominations to meet off thefloor during the Session to consider Senate Bills No. 359, 805,818, 1109, 1184, House Bills No. 1970 and 1971, and certainnominations.

ANNOUNCEMENT BY MAJORITY LEADER

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

Senator LOEPER. Mr. President, I would like to take apersonal point to indicate that just last week two of the Membersofthis institution were awarded honorary doctorate degrees, andI think it is certainly appropriate at this time that we recognizeboth Senator Musto and Senator Lemmond, who were bestowedDoctor ofHumane Letters degrees by Wilkes University, for theoutstanding dedication and contributions that both gentlemenhave made to that institution. I ask the Members of the Senate


and the President ofthe Senate to recognize both Dr. Musto andDr. Lemmond and congratulate them on their awards.

(Applause.)The PRESIDENT. Thank you, Senator Loeper, for that

important reflection.

RECESS

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

Senator LOEPER Mr. President, at this time I request arecess of the Senate. However, prior to making that request, Iwill indicate to the Members that as soon as the meeting of theCommittee on Rules and Executive Nominations is completed,it is the intention to come back on the floor and complete thebusiness of our Session today before adjourning and going toour caucuses.

So if all Members will stay, I ask for a brief recess for thepurpose ofa meeting of the Committee on Rules and ExecutiveNominations to take place immediately in the Rules room at therear of the Senate Chamber.

The PRESIDENT. For the purpose of a meeting of theCommittee on Rules and Executive Nominations to beginimmediately, this Senate stands in recess.

AFTER RECESS

The PRESIDENT pro tempore (Robert C. Jubelirer) inthe Chair.

The PRESIDENT pro tempore. The time of recess havingexpired, the Senate will come to order.

REPORT FROM COMMITTEE ONRULES AND EXECUTIVE NOMINATIONS

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

MEMBER OF THE ANIMAL HEALTH ANDDIAGNOSTIC COMMISSION

November 23, 1999


In confonnity with law. I have the honor hereby to nominate forthe advice and consent of the Senate, Jack C. Post, R.D. 4, Box 18.Centerville 16404, Crawford County, Fiftieth Senatorial District, forreappointment as a member of the Animal Health and DiagnosticCommission, to serve for a term of four years and until his successoris appointed and qualified. but not longer than six months beyond thatperiod.


MEMBER OF THE ANIMAL HEALTH ANDDIAGNOSTIC COMMISSION

November 23, 1999

To the Honorable. the Senateof the Commonwealth ofPennsylvania:

In conformity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, John C. Simms. VM.D.• 15154Bwnt Mill Road. Shippensburg 17257. Franklin County. Thirty-thirdSenatorial District. for reappointment as a member of the AnimalHealth and Diagnostic Commission, to serve for a term of four yearsand until his successor is appointed and qualified, but not longer thansix months beyond that period.


MEMBER OF THE PENNSYLVANIA CANCERCONTROL, PREVENTION AND RESEARCH

ADVISORY BOARD

November 29, 1999

To the Honorable. the Senateof the Commonwealth ofPennsylvania:

In conformity with law. I have the honor hereby to nominate forthe advice and consent of the Senate. Patricia Halpin Murphy. 1019Ingram Court, Ambler 19002. Montgomery County. Twelfth SenatorialDistrict. for appointment as a member of the Pennsylvania CancerControl, Prevention and Research Advisory Board. to serve for a termof four years and until her successor is appointed and qualified. viceSamuel S. Bruner, Swarthmore, whose term expired.


MEMBER OF THE STATE BOARDOF CHIROPRACTIC

November 22, 1999

To the Honorable. the Senateof the Commonwealth of Pennsylvania:

In confonnity with law. I have the honor hereby to nominate forthe advice and consent of the Senate. Samuel A. Barvinchack. D.C.•11142 WtlliamsportPike. Greencastle 17225. Franklin County. Thirtythird Senatorial District. for appointment as a member of the StateBoard of Chiropractic. to serve for a term of four years or until hissuccessor is appointed and qualified, but not longer than six monthsbeyond that period, vice Donald J. Maher. D.C.• Ronks, whose termexpired.


MEMBER OF THE BOARD OF TRUSTEESOF CLARKS SUMMIT STATE HOSPITAL

December 15, 1999

To the Honorable. the Senateof the Commonwealth of Pennsylvania:


In conformity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, James A. Mancuso, Jr., 479Route 106, Greenfield Township 18407, Lackawanna County, Twentysecond Senatorial District, for appointment as a member of the Boardof Trustees of Clarks Summit State Hospital, to serve until the thirdTuesday of January 2001, and until his successor is appointed andqualified, vice James A. Mancuso, Sr., deceased.



December 20, 1999


In conformity with law, I have the honor hereby to nominate forthe advice and consent ofthe Senate, Stephen L. Margeson, 199A AcreDrive, Carlisle 17013, Cwnberland County, Thirty-first SenatorialDistrict, for appointment as a member of the Municipal Police Officers'Education and Training Commission, to serve until February 21, 2002and until his successor is appointed and qualified, vice Dennis W.McMaster, Shippensburg, resigned.



December 15, 1999


In conformity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, Thomas Frederick Rockenbach,Jr., 4708 Woodlake Drive. Allison Park 15101, Allegheny County.Fortieth Senatorial District. for appointment as a member of theMunicipal Police Officers' Education and Training Commission, toserve WItil February 21, 2002 and WItil his successor is appointed andqualified, vice Maribeth J.R. Bucher, Mechanicsburg, whose tennexpired.


MEMBER OF THE BOARD OF TRUSTEESOF NORRISTOWN STATE HOSPITAL

December 22, 1999


In conformity with law, I have the honor hereby to nominate forthe advice and consent of the Senate. Raymond M. Catton, M.D., 45Ridge Road, Phoenixville 19460, Chester COWIty, Forty-fourthSenatorial District. for appointment as a member of the Board ofTrustees ofNorristown State Hospital,. to serve mtil the third Tuesdayof January 2005, and until his successor is appointed and qualified,vice Patricia 1. Baldwin, York, resigned.


MEMBER OF THE BOARD OF TRUSTEESOF NORRISTOWN STATE HOSPITAL

December 22, 1999


In conformity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, Charles C. Rocco, 2877 WoodView Drive, Hatfield 19440, Montgomery County. Twenty-fourthSenatorial District, for appointment as a member of the Board ofTrustees ofNorristown State Hospital, to serve until the third Tuesdayof January 2005, and until his successor is appointed and qualified,vice Sally S. Thomas. Telford, whose term expired.


MEMBER OF THE STATE BOARD OF EXAMINERSOF NURSING HOME ADMINISTRATORS

December 10, 1999


In conformity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, Barry S. Ramper, n, 300 I RoseHill Road, Harrisburg 17110, Dauphin County, Fifteenth SenatorialDistrict, for reappointment as a member of the State Board ofExaminers ofNursing Home Administrators, to serve for a term of fouryears or until his successor is appointed and qualified, but not longerthan six months beyond that period.


MEMBER OF THE STATE BOARDOF OPTOMETRY

NoveDlber29, 1999


In conformity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, Quentin R. Orlando. O.D.• 1024W. 22nd Street, Erie 16502, Erie County, Forty-ninth SenatorialDistrict, for reappointment as a member of the State Board ofOptometry. to serve for a term of four years and until his successor isappointed and qualified. but not longer than six months beyond thatperiod.


COMMONWEALTH TRUSTEE OF THE UNIVERSITYOF PITISBURGH-·OF THE COMMONWEALTH

SYSTEM OF HIGHER EDUCATION

November 23, 1999



In confonnity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, The Honorable Samuel A.McCullough, Old Lauer's Lane, Wyomissing 19610, Berks County,Forty-eighth Senatorial District, for reappointment as a CommonwealthTrustee ofthe University ofPittsburgh-of the Commonwealth Systemof Higher Education, to serve until October 5, 2003, and until hissuccessor is appointed and qualified.



December 22, 1999


In confonnity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, Linda G. Trabucco (PublicMember), 3 Douglass Lane, Chester Springs 19425, Chester County,Forty-fourth Senatorial District, for reappointment as a member of theState Board of Examiners in Speech-Language and Hearing, to servefor a tenn of three years and until her successor is appointed andqualified, but not longer than six months beyond that period.


MEMBER OF THE BOARD OF TRUSTEES OFTHADDEUS STEVENS COLLEGE OF TECHNOLOGY

July 23, 1999


In conformity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, Stephen L. Ralston, 2240 BobWhite Lane, Lancaster 17601, Lancaster County, Thirteenth SenatorialDistrict, for reappointment as a member of the Board of Trustees ofThaddeus Stevens College of Technology, to serve until the thirdTuesday of January 2005, and until his successor is appointed andqualified.


MEMBER OF THE LACKAWANNA COUNTYBOARD OF ASSISTANCE

December 15, 1999


In conformity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, Josephine B. Mazza(Republican), 120 E. Garfield Avenue, Carbondale 18407,Lackawanna County, Twenty-second Senatorial District, forappointment as a member of the Lackawanna County Board ofAssistance, to serve until December 31, 2001, and until her successoris appointed and qualified, vice David Z. Smith, resigned.


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 pro tempore. The nominations will be laid

on the table.

REPORTS FROM COMMITTEE

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

SB 359 (pr. No. 1561) (Rereported)

An Act establishing liens and ownership rights in dies, molds andforms used in fabrication ofplastic parts under certain conditions.


An Act amending Title 13 (Commercial Code) of the PennsylvaniaConsolidated Statutes, revising the division on letters of credit andmaking conforming amendments to Divisions 1, 2 and 9 of Title 13.

SB 818 (Pr. No. 1611) (Amended) (Rereported)(Concurrence)

An Act regulating certain transfers of structured settlementpayments.

SB 1109 (pr:. No. 1367) (Amended) (Rereported)

An Act amending Title 18 (Crimes and Offenses) of thePennsylvania Consolidated Statutes, fwther providing fordiscrimination on account of guide dog.


An Act amending Title 51 (Military Affairs) of the PennsylvaniaConsolidated Statutes, further defining "qualified resident"; and furtherproviding for eligibility for educational assistance and for amount ofeducational assistance grants.

DB 1970 (pr. No. 2457) (Rereported)

An Act amending the act of February 14, 1990 (p.L.62, No. 11),known as the Noncontrolled Substances Reporting and RegistrationAct, further providing for chemicals subject to registration and forpenalties.

DB 1971 (pr:. No. 2458) (Rereported)

An Act amending the act of April 14, 1972 (P.L.233, No.64),known as The Controlled Substance, Drug, Device and Cosmetic Act,further defining "designer drug"; further providing for prohibited acts;and making an editorial change.

UNFINISHED BUSINESSDISCHARGE PETITIONS

The PRESIDENT pro tempore laid before the Senate thefollowing communications, which were read by the Clerk asfollows:


January 24, 2000

APEITTION

To place before the Senate the nomination ofJoseph H. Tucker, Jr.,Esq., as a member of the Board of Trustees of Lincoln University.

TO: The President Officer of the Senate:

WE, The undersigned members of the Senate, pursuant to section8 (b) of Article IV of the Constitution of Pennsylvania, do herebyrequest that you place the nomination of Joseph H. Tucker, Jr., Esq.,as a member ofthe Board ofTrustees ofLincoln University, before theentire Senate body for a vote, the nomination not having been votedupon within 15 legislative days:

Raphael J. MustoRobert 1. MellowLeonard J. BodackRichard A. KasunicJ.Barry Stout

January 24, 2000

APEITTION

To place before the Senate the nomination of Stephen L. Ralston, as amember ofthe Board ofTrustees ofthe Thaddeus Stevens CollegeofTechnology.

TO: The President Officer of the Senate:

WE, The tmdersigned members of the Senate, pursuant to section8 (b) of Article IV of the Constitution of Pennsylvania, do herebyrequest that you place the nomination of Stephen L. Ralston, as amember of the Board of Trustees of the Thaddeus Stevens College ofTechnology, before the entire Senate body for a vote, the nominationnot having been voted upon within 15 legislative days:

Raphael J. MustoRobert J. MellowLeonard J. BodackRichard A. KasunicJ. Barry Stout

The PRESIDENT pro tempore. The communications will belaid on the table.

CONGRATULATORY RESOLUTIONS

The PRESIDENT pro tempore laid before the Senate thefollowing resolutions, which were read, considered and adopted:

January 4, 2000

Congratulations ofthe Senate were extended to Mr. and Mrs.Louis MatToni, Mr. and Mrs. Chester Schoenberger, Mr. andMrs. Walter Reynolds, Mr. and Mrs. Earl Huber, WilliamAnthony McGinley and to Clarence E. Darcus by SenatorArmstrong.

Congratulations of the Senate were extended to William A.Linn Sr., and to Craig Thompson by Senator Belan.

Congratulations of the Senate were extended to Sister MaryLigorius by Senators Belan and Costa.

Congratulations of the Senate were extended to Mr. and Mrs.Frank Pettomto, Mr. and Mrs. Thomas J. Glessner and to theRotary Club of Chester Pike by Senator Bell.

Congratulations of the Senate were extended to WalburgaEmily Mae Boyer Boemio by Senators Boscola and Dent.

Congratulations of the Senate were extended to SamuelRotella and to the Pennsylvania Association of StudentAssistance Professionals by Senator Conti.

Congratulations of the Senate were extended to 1. ElroseGlick, Bonnie C. Bremner, Lauren Cacciarnani, Carrie M.Schonveld, Russ Rose, Paul Swanson, Nonna Fye, Daniel L.Smith and to The Pennsylvania State University Women'sVolleyball Team by Senator Corman.

Congratulations of the Senate were extended to Robert B.Epps by Senator Costa.

Congratulations of the Senate were extended to Luis A.Ramos and to Junior Achievement of Lehigh Valley, Inc., bySenator Dent.

Congratulations of the Senate were extended to Just Born,Inc., ofBethlehem by Senators Dent and Boscola.

Congratulations of the Senate were extended to James L.Davis by Senators Dent and Brightbill.

Congratulations of the Senate were extended to Elmer D.Gates by Senator Dent and others. .

Congratulations of the Senate were extended to the CathedralPreparatory High School Football Team of Erie by SenatorEarll.

Congratulations of the Senate were extended to Michael J.Voll by Senator Furno.

Congratulations of the Senate were extended to DustinSmith, Thomas Brennan Aitken and to Brian A. Mason bySenators Furno and Williams.

Congratulations of the Senate were extended to RobertMadiford, Robert W. Saylor, Frank P. Lalley, James W. Rossonand to Marie E. Martella by Senator Greenleaf.

Congratulations of the Senate were extended to Dr. LawrenceWechsler, Louis D. Astorino, Thomas W. Golonski, MartinBernstein, Basil M. Cox, Kevin McClatchy, Bill Hillgrove,Marcus Ruscitto, Jay Apt, Rabbi Stephen E. Steindel, PatriceKing Brown, Sister Patricia Cairns, Bob O'Connor and to Dr.Helen S. Faison by Senator Hart.

Congratulations ofthe Senate were extended to Mr. and Mrs.Robert 1. Kimbel, Sr., Mr. and Mrs. Doyle L. Kishbaugh, Mr.and Mrs. Carl A. Whalen, Mr. and Mrs. Marlin G. Reidinger,Joseph John D'Amico, Salinda Erdman, Mary Mowery, BrianRobert Leach, Joshua Nathaniel Manning and to Trevorton FireCompany No. I by Senator Helfrick.

Congratulations of the Senate were extended to David AlexMastro II, Elford McEwon Stephens II, Hatfield Quality Meats,Incorporated and to the Souderton Braves PeeWee FootballTeam by Senator Holl.

Congratulations of the Senate were extended to Mr. and Mrs.Albert Geck1e, Mr. and Mrs. Fred Harris, Mr. and Mrs. DennisWhalen, Mr. and Mrs. Albert Felton, Mr. and Mrs. WilsonHancock, Mr. and Mrs. Harold Hartley, John H. Holbert and tothe Tyrone Area High School Football Team by SenatorJubelirer.


Congratulations of the Senate were extended to Mr. and Mrs.Les Philbum, Joshua Speshock and to Elizabeth Steindel bySenator Kasunic. .

Congratulations ofthe Senate were extended to Sandra Zelnoby Senator Kukovich.

Congratulations ofthe Senate were extended to Rose Pacellaby Senator LaValle.

Congratulations of the Senate were extended to Mr. and Mrs.Irwin Messick, Mr. and Mrs. Robert Knorr, Joseph McHugh,Jr., Thomas A. Dougal, Jimmy R. Eason, Bernard Kostick,Frances Yatsko, John E. Murphy and to Isabelle Brady bySenator Lemmond.

Congratulations ofthe Senate were extended to Scott P. Reedby Senator Loeper.

Congratulations ofthe Senate were extended to Mr. and Mrs.Edward Cmttenden, Mr. and Mrs. Melvin G. Myers, Mr. andMrs. R. David Frey, Lois Crandell, Kathryn G. Layman,Charles R. Gillette and to Mary Louise Taylor by SenatorMadigan.

Congratulations of the Senate were extended to MichaelJames Colangelo and to Marlene Kanavy by Senator Mellow.

Congratulations of the Senate were extended to Robert M.Eppley, Brandon M. Beam and to the citizens of CumberlandCounty by Senator Mowery.

Congratulations of the Senate were extended to Andrew D.Zrust by Senator Murphy.

Congratulations of the Senate were extended to Thomas 1.Geffert, Michael A. Lombardo and to John Kresge by SenatorMusto.

Congratulations of the Senate were extended to the SeventhDistrict of Lithuania Alliance of America by Senators Musto,Mellow, and Lemmond.

Congratulations of the Senate were extended to theHonorable Frederick Edenharter, the Honorable W. RichardEshelman, Joan V. Motkowski, Sandra R. Palmer, WagnerLighting Division Boyertown Plant of Federal-Mogel,Incorporated and to Martin Luther King Day in Reading andBerks County by Senator O'Pake.

Congratulations ofthe Senate were extended to Mr. and Mrs.William Stoner, Gerald R. Yocum and to the HonorableClarence C. Morrison by Senator Piccola.

Congratulations of the Senate were extended to Gerald W.Kapp and to Juanita Ausherman by Senator Punt.

Congratulations of the Senate were extended to Mr. and Mrs.Daniel Whitenight, Rosemary Czulada, Joshua Smellowsky,Richard A. Schmauch, Rottet Motors of Tamaqua and toLithuanian Independence Day by Senator Rhoades.

Congratulations of the Senate were extended to Joel C.Bmdowsky and to Cory D. Highfield by Senator Robbins.

Congratulations of the Senate were extended to HarryMalitas by Senator Salvatore.

Congratulations of the Senate were extended to DoriaMitchell by Senator Schwartz.

Congratulations of the Senate were extended to Richard andJane Burlingame, Andrew Lucks, Penny Jobe, Frank Varischettiand to the citizens of Eldred Township by Senator Slocum.

Congratulations ofthe Senate were extended to Bradley ScottBehr and to Joshua Widdowson by Senator Stapleton.

Congratulations of the Senate were extended to Mr. and Mrs.Robert Pitzer, Mr. and Mrs. James Bauer, Mr. and Mrs. JamesE. McCorkle, Mr. and Mrs. Albert Bettinazzi, Mr. and Mrs.Victor Mazza, Mr. and Mrs. Paul Crayne and to Michael 1.Schultz, Sr., by Senator Stout.

Congratulations ofthe Senate were extended to James Loane,Thomas Richard Shay, George Adam D'Antonio and toJonathan Carl Rothberg by Senator Thompson.

Congratulations ofthe Senate were extended to Peter 1. Hartby Senators Thompson, Gerlach, and Bell.

Congratulations of the Senate were extended to Richard D.A. Morris by Senators Thompson and Wagner.

Congratulations of the Senate were extended to Janet T.Skiba and to the Levittown-Fairless Hills Rescue Squad bySenator Tomlinson.

Congratulations of the Senate were extended to MatthewThomas Jones by Senator Waugh.

Congratulations of the Senate. were extended to the SalemUnited Church of Christ, Hellers, of Lancaster by SenatorWenger.

Congratulations of the Senate were extended to Joseph N.Webb and to Jumnein Hagan by Senator White.

Congratulations ofthe Senate were extended to Mr. and Mrs.Harold R Thomas, Mr. and Mrs. Wtllis D. Krape, Mr. and Mrs.Dillon Wilson, Mr. and Mrs. Robert R. Laird, Mr. and Mrs.Charles Bartholomew, Mr. and Mrs. Louis R. Leventry, JamieBeveridge and to Nancy Ann Gobert by Senator Wozniak.

January 24, 2000

Congratulations of the Senate were extended to Mr. and Mrs.Bert Bauro by Senator Armstrong.

Congratulations of the Senate were extended to OdessaJackson by Senator Belan.

Congratulations of the Senate were extended to Robert WWeber and to Edgar S. Haldeman by Senator Gerlach.

Congratulations of the.Senate were extended to Jim Eads bySenator Greenleaf.

Congratulations of the Senate were extended to JessicaChambers and to Heaven Cafasso by Senator Kasunic.

Congratulations of the Senate were extended to Karen Reedby Senator Kukovich.

Congratulations ofthe Senate were extended to Mr. and Mrs.Albert T. Williams by Senator Lemmond.

Congratulations of the Senate were extended to Robert E.Berkheimer and to Jennifer Wambold by Senator Mowery.

Congratulations ofthe Senate were extended to Tammi Lordby Senator Musto.

Congratulations of the Senate were extended to BmbakerTool Corporation ofMillersburg by Senator Piccola.

Congratulations of the Senate were extended to JeanetteChristine Fidler, Eric B. Cowden and to Jodie Lynn Chapmanby Senator Stout.

Congratulations of the Senate were extended to Billie LeeBurns and to Ethel A. Donnelly by Senator Thompson.


Congratulations of the Senate were extended to AlexanderDewsnap and to John Doster by Senator Tomlinson.

CONDOLENCE RESOLUTIONS

The PRESIDENT pro tempore laid before the Senate thefollowing resolutions, which were read, considered and adopted:

January 4. 2000

Condolences ofthe Senate were extended to the family of thelate Dr. George D. Charles by Senator Brightbill.

Condolences ofthe Senate were extended to the family of thelate Osborne Hillard Wright III by Senator Hughes.

Condolences ofthe Senate were extended to the family of thelate Thomas F. Fendell by Senator Piccola.

Condolences ofthe Senate were extended to the family of thelate John B. Harhai by Senator Stout.

Condolences ofthe Senate were extended to the family of thelate Fred P. McLuckie Sr., by Senators Stout and Kasunic.

POSTHUMOUS CITATION

The PRESIDENT pro tempore laid before the Senate thefollowing citation, which was read, considered and adopted:

January 4. 2000

A posthumous citation honoring the late Gene Frazer wasextended to the family by Senator Tomlinson.

PETITIONS AND REMONSTRANCES

The PRESIDENT pro tempore. The Chair recognizes thegentleman from Allegheny, Senator Costa.

Senator COSTA. Mr. President, I rise briefly this afternoonto talk a little bit about an issue on which the Senate Democratscontinue to march forward this week. That issue is property taxrelief for the 12 million Commonwealth residents. Mr.President, we talked this week about our Home-STAR program,a program we introduced back in July of this past year toaddress property taxes in Pennsylvania, particularly schooldistrict taxes. The very basis of our discussion that we have hadthroughout the Commonwealth since July has been that whenPennsylvania taxpayers pay too much money, we believe thatthey should be getting some of that money back in the form ofa tax rebate, particularly with respect to school district taxes.

Mr. President, as you well know and the Members of thisGeneral Assembly know, Pennsylvania has enjoyed very goodyears the past 5 or 6 years, and just last year we had a budgetsurplus of approximately some $770 million. This year we areon target for another budget surplus at a minimum of $400million, and more likely in the $600- or $700-million mark.

Mr. President, the Home-STAR program has a very basicpremise. It states that if we collect more money than weanticipate we are going to take in, we should give at least halfof that money back, and the way we give half of that moneyback is by saying if the surplus exceeds I percent of the Statebudget, then we will invoke the Home-STAR program, take halfof that amount of money and rebate it to the Commonwealth's

homeowners. It is a very responsible program, Mr. President. Itis a better program, it is an ongoing program that is triggeredon the surplus, year in and year out.

Mr. President, I just briefly want to conclude my statementby saying that in Pennsylvania the taxpayers, particularly thoseschool district taxpayers who over the past 5 or 6 years havepaid about $452 million more in real property taxes, are lookingfor us to give them the money back. Not in a one-year deal,one-time shot, we need to do it on an ongoing basis. WhenPennsylvania does well, the homeowners of Pennsylvaniadeserve to receive their money back, and that is what HomeSTAR is about, and I would encourage my colleagues to sitdown and work with Senate Democrats and Senate Republicansto make certain that we enact tme tax reform legislation similarto this.

Thank you, Mr. President, for your patience.The PRESIDENT pro tempore. The Chair recognizes the

gentleman from Allegheny, Senator Wagner.Senator WAGNER. Mr. President, I rise to talk about the

same issue as my colleague, Senator Costa, in hopes ofbuildingmomentum with regard to this issue on our first day back in thenew year, knowing that in several weeks the Governor willmake his budget presentation, knowing that in several weeks wewill hear very positive news about Pennsylvania, our economy,the fact that we will have another surplus this year. For the sixthconsecutive year we will have a surplus in State government,which reflects very positively, I believe, on this GeneralAssembly and the administration. And, Mr. President, there isa great need, we believe, to consider this new program calledHome-STAR, because it could give back moneys to the averageperson, the average taxpayer through a property tax rebate, asmy colleague just indicated here.

Mr. President, with these surpluses, Pennsylvanians arepaying too much in taxes. Basically, the simple way to explainthat is ifa gallon of milk costs $2.98, Pennsylvanians are paying$3.25 for a gallon of milk in terms of paying taxes to Stategovernment. And because they are paying too much, that is thereason why we have a surplus.

We have been able to do many good things over the last 5 or6 years, one ofwhich has been business tax cuts in at least 5 ofthose 6 years, and I suspect the Governor will proposeadditional business tax cuts in this coming budget proposal.And I, Mr. President, along with I am sure all Members of thisSenate, will support those business tax cuts. But we feel it isextremely important for the average taxpayer to get a tax breakas part ofthis coming budget proposal, and the proposal that weare putting forth is to give moneys back to property taxpayers,people who own property, approximately 3 million of them inthe Commonwealth of Pennsylvania. And just as an example,Mr. President, last year if the program would have been inplace, each property taxpayer would have receivedapproximately a $125 tax rebate. We think this is a solidprogram, it only works if there is a surplus in the budget.Therefore, we think it deserves conSIderation.

I am here today to talk about it also hopefully to buildbipartisan support, not just in the Senate but also in the Houseof Representatives and possibly even in the Governor's Office.


So, we think this is a solid program, we think it is in the bestinterest ofthe citizens ofPennsylvania, and hopefully there willbe additional discussion in regard to it in the coming weeks andmonths.

Thank you, Mr. President.The PRESIDENT pro tempore. The Chair recognizes the

gentleman from Lackawanna, Senator Mellow.Senator MELLOW. Mr. President, I would just like to, for a

moment, amplify on what was said by our two previousspeakers. The Home-STAR proposal that many of us on thisside ofthe aisle, including our staff people, have worked on fora number of months is something that is extremely important.And it is important, Mr. President, because property taxpayersin Pennsylvania are asking us why have they not had areduction of $1 in their property taxes for the purpose offunding education over the last several years when the State hasbeen running such tremendous surpluses? And they have askedthe question over and over: what happened to property taxreform? Mr. President, we tried to tell them that Act 50, whichwas known as property tax reform, would not work. EveryMember on this side of the aisle at that time voted against Act50 and against property tax reform legislation because, as it wasstated then, it did not work then and it will not work today.

Now, basically what Home-STAR will do, once the surplusexceeds 1 percent of the State budget, and if we can talkhypothetically, Mr. President, the State budget for this particularfiscal year is approximately $20 billion, so that means once thesurplus exceeds $200 million and the 15 percent is paid into theRainy Day Fund offthe top, then 50 percent of that surplus mustbe given to the individual property taxpayer for a rebate on theamount of school tax that they paid for that particular year.

Mr. President, I have read some criticism that has come frommy colleagues on the other side of the aisle, and that criticismhas stated that we have not given Act 50 enough time to work.Well, Act 50 has been given 2 years to work and it in fact is notworking. And furthermore, Mr. President, some of myRepublican colleagues have stated that this is nothing more thangiving more money back to school districts to pay for theireducation. Once again, nothing could be further from the truth.This particular proposal does not give one dime back to theschool districts. It gives money back to the taxpayer who haspaid for the education of their children through a property tax.

Mr. President, property taxes have dramatically increasedthroughout the State over the last half-dozen years, especiallysince this administration has been here in Harrisburg. Last year,Mr. President, we were told after the 6-month budgetpresentation that our surplus would have been in the vicinity of$180 million. The true surplus last year exceeded $700 million,so if this proposal had been in place last year, the taxpayer ofPennsylvania who pays the individual property tax would havebenefitted from that surplus to the tune of one-half of thatamount. Approximately $350 million would have gone back tothe individual taxpayer in the form of a credit towards theirpayment ofproperty taxes next year.

This particular year, Mr. President, the Governor has alreadyacknowledged that he expects the surplus to be somewhere inthe vicinity of $340 million. That was said to the leadership ofthe General Assembly back in December at the Governor'sMansion when he gave us his mandated information that hemust give us on fiscal year 1999-2000. Mr. President, thebudget surplus the way we see it on this side of the aisle couldexceed the one last year of $750 million. All we are asking onHome-STAR is to give the people of Pennsylvania theopportunity to participate in some type of a credit against theirproperty taxes. We are not paying for public education today inPennsylvania the way we should be. A disproportionate share ofthe responsibility has been put back on the individual propertyowner. Their property taxes have increased dramatically overthe last 6 years. All we are saying is that when we have a periodoftime when the budget surplus exceeds 1 percent of the Statebudget, such as will happen this year, that we want to give 50percent of that money back to the individual property taxpayerin the form of a rebate.

We have been asking for it because the property tax reformlegislation that the people ofPennsylvania were guaranteed inthe campaign of 1997 has never materialized. It was great onlyfor a 30-second sound bite. In reality, Mr. President, it has notworked. The 12 million people of Pennsylvania, and moreappropriately the 3-plus million property taxpayers ofPennsylvania, deserve the same right to benefit from the surplusthat big business has in Pennsylvania. Through Home-STAR,done on a bipartisan basis, we can guarantee the Pennsylvaniaproperty taxpayer in this particular fiscal year, after our newbudget has been passed and we know exactly what our surplusis, that they can benefit from some type of a tax reduction.

Mr. President, last year's tax reduction would have beensomewhere in the vicinity of $130 for every individualhomeowner who pays property tax in Pennsylvania, based onthat surplus. This year, Mr. President, based on the projectedsurpluses that we know will take place here in Harrisburg comeJune 30,2000, that particular savings and that reduction to theproperty taxpayer for school taxes will be greater than $130. Itis a program whose time has come. Let us give the individualtaxpayer the same opportunity to receive a reduction in theirtaxes that we give to the largest of large corporations. The timehas come to recognize the individual taxpayer in Pennsylvaniais paying too much money, and Home-STAR is the way we canbring about that reduction.

Mr. President, once again I implore the Members of thisSenate, the Members of the General Assembly, to give this typeof property tax relief legislation strong consideration.

Thank you very much.

SB 380 TAKEN FROM THE TABLE

Senator LOEPER Mr. President, I move that Senate Bill No.380, Printer's No. 1440, be taken from the table and placed onthe Calendar.

The motion was agreed to.The PRESIDENT pro tempore. The bill will be placed on the

Calendar.


PETITIONS AND REMONSTRANCES(Continued)

The PRESIDENT pro tempore. The Chair recognizes thegentleman from Berks, Senator O'Pake.

Senator O'PAKE. Mr. President, I was pleasantly surprisedto read over the weekend that Republicans, at least in the HouseofRepresentatives and maybe in the Governor's Mansion, havefinally realized that property tax relief should be a priority in aState with a huge and growing budget surplus. We welcome thisbelated endorsement of the fairness we suggested in our HomeSTAR plan. Unfortunately, the solution proposed byRepresentative Barley and some Republican colleagues is toolittle and too limited. Their plan, Home-STAR Lite, does notguarantee any property tax relief after the 2000-0I fiscal year.Even for our neighbor to the east, New Jersey, it is a 5-yearguaranteed property tax reduction when they have surpluses.Our original Home-STAR plan would create a continuingschool tax relief program tied to future State budget surplusesevery year. Again, as has been said, if the State budget surplusexceeded I percent, half of that total surplus would be used forproperty tax relief. Home-STAR, as we propose, wouldguarantee individual taxpayers some property tax relief everyyear that Pennsylvania has a budget surplus. Home-STAR Lite,as we read about it, guarantees nothing. Representative Barleydescribed this as a work in progress, and if that is correct, wewere happy to be part of the creators of that work in progress.

And finally, Mr. President, I only have to say that if this is agood idea in an election year, it is a good idea every year, andthat is what the Senate Democratic Home-STAR proposal is allabout. When the State surplus is huge and we have taken farmore money than is needed to pay for State government, half ofthat should go back to the property taxpayer in Pennsylvania. Heneeds a break.

Thank you, Mr. President.

ANNOUNCEMENTS BY THE SECRETARY

The following announcements were read by the Secretary ofthe Senate:

SENATE OF PENNSYLVANIA

1:00 P.M.

1:00 P.M.

3:00 P.M.

3:30P.M.

9:30AM.

10:30 AM.

1:00 P.M.

3:00P.M.

9:00AM.

10:30 AM.

1:00 P.M.

2:30 P.M.

9:00AM.

10:30 AM.

1:00 P.M.

WEDNESDAY, FEBRUARY 2. 2000

TRANSPORTATION (public hearing Majorityon driver distraction to the safe operation Caucus Rm.of a motor vehicle on PA's roadways)

WEDNESDAY. FEBRUARY 9. 2000

APPROPRIATIONS (Budget Hearing - MajorityPublic Utility Commission) Caucus Rm.

APPROPRIATIONS (Budget Hearing - MajorityOffice ofConsumer Advocate) Caucus Rm.

APPROPRIATIONS (Budget Hearing - MajorityOffice ofSmall Business Advocate) Caucus Rm.

MONDAY. FEBRUARY 14, 2000

APPROPRIATIONS (Budget Hearing - MajorityDepartment ofGeneral Services) Caucus Rm.

APPROPRIATIONS (Budget Hearing· MajorityLincoln University) Caucus Rm.

APPROPRIATIONS (Budget Hearing - MajorityState System ofHigher Education) Caucus Rm.

APPROPRIATIONS (Budget Hearing - MajorityPenn State University) Caucus Rm.

TUESDAY, FEBRUARY 15,2000

APPROPRIATIONS (Budget Hearing • MajorityTemple University) Caucus Rm.

APPROPRIATIONS (Budget Hearing· MajorityUniversity of Pittsburgh) Caucus Rm.

APPROPRIATIONS (Budget Hearing - MajorityState Police) Caucus Rm.

APPROPRIATIONS (Budget Hearing. MajorityDepartment ofRevenue) Caucus Rm.

WEDNESDAY. FEBRUARY 16.2000

APPROPRIATIONS (Budget Hearing - MajorityAuditor General) Caucus Rm.

APPROPRIATIONS (Budget Hearing - MajorityDepartment ofState) Caucus Rm.

APPROPRIATIONS (Budget Hearing - MajorityDepartment ofCorrections) Caucus Rm.

COMMITTEE MEETINGS

TUESDAY JANUARY 25. 2000

3:00P.M. APPROPRIATIONS (Budget Hearing Governor's Office, Executive Offices,Overall Economic Outlook)

MajorityCaucusRm.

10:30 AM.

11:00 AM.

12:30 P.M.

LOCAL GOVERNMENT (to consider Room 8E-ASenate Bill No. 712; and House Bills East WingNo. 182, 1423, 1424 and 1635)

ENVIRONMENTAL RESOURCES Room 8E-AAND ENERGY (to consider Senate East WingBills No. 664 and 1088; House BillsNo. 393 and 2057; and informationaldiscussion of PennVest Growing GreenerFunding Criteria)

APPROPRIATIONS (to consider Senate Rules Cmte.Bills No. 705, 707, 709, 710 and 711) Conf Rm.

9:00AM.

10:30 AM.

1:00 P.M.

2:30 P.M.

THURSDAY, FEBRUARY 17.2000

APPROPRIATIONS (Budget Hearing Attorney General)

APPROPRIATIONS (Budget Hearing •Insurance Department)

APPROPRIATIONS (Budget Hearing.Department ofMilitary and VeteransAffairs)

APPROPRIATIONS (Budget Hearing Department ofConservation andNatural Resources)

MajorityCaucusRm.

MajorityCaucusRm.

MajorityCaucusRm.

MajorityCaucusRm.


JUDICIARY (public hearing on Senate Room 8E-ABill No. 952, which provides a two-year and 8E·B

moratorium on executions and establishes East Winga commission to study the death penalty)

9:30AM.

9:30AM.

'}o:30AM.

1:00 P.M.

9:00AM.

1:00 P.M.

TUESDAY, FEBRUARY 22. 2000

MONDAY. FEBRUARY 28, 2000

APPROPRIATIONS (Budget Hearing·Treasury)

APPROPRIATIONS (Budget Hearing Department ofAging)

APPROPRIATIONS (Budget Hearing Department ofPublic Welfare)

11JESDAY, FEBRUARY 29, 2000

APPROPRIATIONS (Budget Hearing Department ofTransportation)

APPROPRIATIONS (Budget Hearing·Department ofEducation)

MajorityCaucusRm.

MajorityCaucusRm.

MajorityCaucusRm.

MajorityCaucusRm.

MajorityCaucusRm.

ADJOURNMENT

Senator LOEPER. Mr. President, I move that the Senate donow adjourn until Tuesday, January 25, 2000, at 1 p,m., EasternStandard Time.

The motion was agreed to.The Senate adjourned at 3:46 p.m., Eastern Standard Time.

9:00AM.

IO:30AM.

1:00 P.M.

2:30P.M.

WEDNESDAY, MARCH 1. 2000

APPROPRIATIONS (Budget Hearing - MajorityDepartment ofAgriculture) Caucus Rm.

APPROPRIATIONS (Budget Hearing - MajorityDepartment ofLabor and Industry) Caucus Rm.

APPROPRIATIONS (Budget Hearing· MajorityDepartment ofCommunity and Economic Caucus Rm.Development)

APPROPRIATIONS (Budget Hearing - MajorityDepartment ofEnvironmental Protection) Caucus Rm.

9:00AM.

10:00 AM.

11:15 AM.

THURSDAY, MARCH 2, 2000

APPROPRIATIONS (Budget Hearing Historical and Museum Commission)

APPROPRIATIONS (Budget Hearing PA Emergency Management Agency)

APPROPRIATIONS (Budget Hearing Department ofHealth)

CALL TO CAUCUS

MajorityCaucusRm.

MajorityCaucusRm.

MajorityCaucusRm.

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

Senator LOEPER. Mr. President, immediately uponadjournment of our Session today, I request all RepublicanMembers to report to the first floor caucus room for a veryimportant and hopefully brief caucus.

The PRESIDENT pro tempore. The Chair recognizes thegentleman from Berks, Senator O'Pake.

Senator O'PAKE. Mr, President, likewise, I ask that theDemocrats meet in our caucus room upon the adjournment.

The PRESIDENT pro tempore. At the request of SenatorLoeper and Senator O'Pake regarding Republican andDemocratic caucuses in their respective caucus rooms, allMembers should report to those rooms upon adjournment.

1fi.egislatifte 31llurnaljan 24, 2000 · ion university ofpennsylvania ofthe state system ofhigher...

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