COMMONWEALTH OF PENNSYLVANIA WEDNESDAY, MAY 1, …May 01, 2002 · COMMONWEALTH OF PENNSYLVANIA...

COMMONWEALTH OF PENNSYLVANIA

WEDNESDAY, MAY 1, 2002

SESSION OF 2002 186TH OF THE GENERAL ASSEMBLY No. 33

SENATE WEDNESDAY, May 1, 2002

The Senate met at 11:30 a.m., Eastern Daylight Saving Time.

The PRESIDENT (Lieutenant Governor Robert C. Jubelirer) in the Chair.

PRAYER

The Chaplain, Reverend CARL VINING, of House of Judah, Montgomery, offered the following prayer:

Preceding the prayer, I would like to say thank you to the President for allowing me to be here, and to the fine Senate of Pennsylvania to offer this prayer for the Senate and for our State.

O kind Heavenly Father God, we come to You this day, this first day of May 2002. We seek Your divine nature, Father God, that Thou would reach down upon us with such a wisdom, even as the wisdom that Thou has given to Solomon. Father, that Thou would give us an understanding of Thy divine nature, that we would be able to lead this State of Pennsylvania, the Keystone State.

Father, for these men who serve this State, that You would give them the insight of the forefathers, that we would have a transformation from the old paths of moral turpitude. Father God, that the laws that are set for this State would bring about such a character of this nation, Father God, that it would be noticed abroad and people would marvel at the Senate of Pennsylvania and the work that is being done here.

Father, we know that without You we cannot stand. So through Thee, Father God, we cannot fail. Now, Father, we ask even for the Senate this day the budget that is at hand and the many controversies and the many things contained in this but, Father, we ask for Your divine nature to come down with Your wisdom and to touch the hearts of these men today, Father God, that it be resolved peacefully and that this State will prosper, and we thank You in Your Son's name. In Jesus Christ we pray. Amen.

The PRESIDENT. The Chair thanks Reverend Vining, who is the guest today of Senator Greenleaf and Senator Madigan.

JOURNAL APPROVED

The PRESIDENT. A quorum of the Senate being present, the Clerk will read the Journal of the preceding Session of April 30, 2002.

The Clerk proceeded to read the Journal of the preceding Session, when, on motion of Senator BRIGHTBILL, and agreed to by voice vote, further reading was dispensed with and the Journal was approved.

HOUSE MESSAGES

HOUSE BILLS FOR CONCURRENCE

The Clerk of the House of Representatives presented to the Senate the following bills for concurrence, which were referred to the committee indicated:

May L 2002

HB 2525, 2526, 2528, 2531 and 2532 -- Committee on Appropriations.

DISCHARGE PETITIONS

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

May 1,2002

A PETITION

To place before the Senate the nomination of Robert Barkanic, as a member of the Appalachian States Low-Level Radioactive Waste Commission.

TO: The President Officer of the Senate:

WE, The undersigned members of the Senate, pursuant to section 8 (b) of Article IV of the Constitution of Pennsylvania, do hereby request that you place the nomination of Robert Barkanic, as a member of the Appalachian States Low-Level Radioactive Waste Commission, before the entire Senate body for a vote, the nomination not having been voted upon within 15 legislative days:

Raphael J. Musto Robert J. Mellow Michael A. OTake Jack Wagner Richard A. Kasunic J. Barry Stout Vincent J. Fumo

May 1,2002

A PETITION

To place before the Senate the nomination of Jennifer Hoover, as a member of the State Board of Barber Examiners.

1758 LEGISLATIVE JOURNAL — SENATE MAY1,


WE, The undersigned members of the Senate, pursuant to section 8 (b) of Article IV of the Constitution of Pennsylvania, do hereby request that you place the nomination of Jennifer Hoover, as a member of the State Board of Barber Examiners, before the entire Senate body for a vote, the nomination not having been voted upon within 15 legislative days:

Raphael J. Musto Robert J. Mellow Michael A. O'Pake Jack Wagner Richard A. Kasunic J. Barry Stout Vincent J. Fumo

May 1, 2002

A PETITION

To place before the Senate the nomination of Robert A. Ball, as a member of the Board of Trustees of California University.


WE, The undersigned members of the Senate, pursuant to section 8 (b) of Article IV of the Constitution of Pennsylvania, do hereby request that you place the nomination of Robert A. Ball, as a member of the Board of Trustees of California University, before the entire Senate body for a vote, the nomination not having been voted upon within 15 legislative days:

Raphael J. Musto Robert J. Mellow Michael A OTake Jack Wagner Richard A. Kasunic J. Barry Stout Vincent J. Fumo

May 1,2002

A PETITION

To place before the Senate the nomination of Cheri B. Bomar, as a member of the Board of Trustees of California University.


WE, The undersigned members of the Senate, pursuant to section 8 (b) of Article IV of the Constitution of Pennsylvania, do hereby request that you place the nomination of Cheri B. Bomar, as a member of the Board of Trustees of California University, before the entire Senate body for a vote, the nomination not having been voted upon within 15 legislative days:


May 1,2002

A PETITION

To place before the Senate the nomination of Thomas J. Uram, as a member of the Board of Trustees of California University.


WE, The undersigned members of the Senate, pursuant to section 8 (b) of Article IV of the Constitution of Pennsylvania, do hereby request that you place the nomination of Thomas J. Uram, as a member of the Board of Trustees of California University, before the entire Senate body for a vote, the nomination not having been voted upon within 15 legislative days:


May 1,2002

A PETITION

To place before the Senate the nomination of Aaron A. Walton, as a member of the Board of Trustees of California University.


WE, The undersigned members of the Senate, pursuant to section 8 (b) of Article IV of the Constitution of Pennsylvania, do hereby request that you place the nomination of Aaron A. Walton, as a member of the Board of Trustees of California University, before the entire Senate body for a vote, the nomination not having been voted upon within 15 legislative days:


May 1,2002

A PETITION

To place before the Senate the nomination of Samuel Cohn, as a member of the State Civil Service Commission.


WE, The undersigned members of the Senate, pursuant to section 8 (b) of Article IV of the Constitution of Pennsylvania, do hereby request that you place the nomination of Samuel Cohn, as a member of the State Civil Service Commission, before the entire Senate body for a vote, the nomination not having been voted upon within 15 legislative days:

Raphael J. Musto Robert J. Mellow Michael A OTake Jack Wagner Richard A. Kasunic J. Barry Stout Vincent J. Fumo

May 1,2002

A PETITION

To place before the Senate the nomination of Barbara Kauffinan, as a member of the State Board of Cosmetology.

2002 LEGISLATIVE JOURNAL — SENATE 1759


WE, The undersigned members of the Senate, pursuant to section 8 (b) of Article IV of the Constitution of Pennsylvania, do hereby request that you place the nomination of Barbara Kauffinan, as a member of the State Board of Cosmetology, before the entire Senate body for a vote, the nomination not having been voted upon within 15 legislative days:


May 1,2002

A PETITION

To place before the Senate the nomination of Jennifer Hoover, as a member of the Energy Development Authority of Pennsylvania.


WE, The undersigned members of the Senate, pursuant to section 8 (b) of Article IV of the Constitution of Pennsylvania, do hereby request that you place the nomination of Jennifer Hoover, as a member of the Energy Development Authority of Pennsylvania, before the entire Senate body for a vote, the nomination not having been voted upon within 15 legislative days:

Raphael J. Musto Robert J. Mellow Michael A. OTake Jack Wagner Richard A Kasunic J. Barry Stout Vincent J. Fumo

May 1,2002

A PETITION

To place before the Senate the nomination of Robert A. Graci, Esq., as Judge, Superior Court of Pennsylvania.


WE, The undersigned members of the Senate, pursuant to section 8 (b) of Article IV of the Constitution of Pennsylvania, do hereby request that you place the nomination of Robert A. Graci, Esq., as Judge, Superior Court of Pennsylvania, before the entire Senate body for a vote, the nomination not having been voted upon within 15 legislative days:


May 1,2002

A PETITION

To place before the Senate the nomination of Michelle Grove Bonsick, as a member of the State Board of Podiatry.


WE, The undersigned members of the Senate, pursuant to section 8 (b) of Article IV of the Constitution of Pennsylvania, do hereby request that you place the nomination of Michelle Grove Bonsick, as a member of the State Board of Podiatry, before the entire Senate body for a vote, the nomination not having been voted upon within 15 legislative days:


May 1,2002

A PETITION

To place before the Senate the nomination of Barbara Kauffinan, as a member of the Board of Trustees of Polk Center.


WE, The undersigned members of the Senate, pursuant to section 8 (b) of Article IV of the Constitution of Pennsylvania, do hereby request that you place the nomination of Barbara Kauffinan, as a member of the Board of Trustees of Polk Center, before the entire Senate body for a vote, the nomination not having been voted upon within 15 legislative days:


May 1,2002

A PETITION

To place before the Senate the nomination of Norah Griffiths, as a member of the Professional Standards and Practices Commission.


WE, The undersigned members of the Senate, pursuant to section 8 (b) of Article IV of the Constitution of Pennsylvania, do hereby request that you place the nomination of Norah Griffiths, as a member of the Professional Standards and Practices Commission, before the entire Senate body for a vote, the nomination not having been voted upon within 15 legislative days:


May 1,2002

A PETITION

To place before the Senate the nomination of Stephanie Moore, as a member of the State Board of Psychology.



WE, The undersigned members of the Senate, pursuant to section 8 (b) of Article IV of the Constitution of Pennsylvania, do hereby request that you place the nomination of Stephanie Moore, as a member of the State Board of Psychology, before the entire Senate body for a vote, the nomination not having been voted upon within 15 legislative days:


May 1,2002

A PETITION

To place before the Senate the nomination of Wha Lee, as a member of the State Board of Social Workers, Marriage and Family Therapists and Professional Counselors.


WE, The undersigned members of the Senate, pursuant to section 8 (b) of Article IV of the Constitution of Pennsylvania, do hereby request that you place the nomination of Wha Lee, as a member of the State Board of Social Workers, Marriage and Family Therapists and Professional Counselors, before the entire Senate body for a vote, the nomination not having been voted upon within 15 legislative days:


May 1,2002

A PETITION

To place before the Senate the nomination of Jennifer Hoover, as a member of the Board of Trustees of Torrance State Hospital.


WE, The undersigned members of the Senate, pursuant to section 8 (b) of Article IV of the Constitution of Pennsylvania, do hereby request that you place the nomination of Jennifer Hoover, as a member of the Board of Trustees of Torrance State Hospital, before the entire Senate body for a vote, the nomination not having been voted upon within 15 legislative days:


May 1,2002

A PETITION

To place before the Senate the nomination of Kathie Smith, as a member of the Pennsylvania Turnpike Commission.


WE, The undersigned members of the Senate, pursuant to section 8 (b) of Article IV of the Constitution of Pennsylvania, do hereby request that you place the nomination of Kathie Smith, as a member of the Pennsylvania Turnpike Commission, before the entire Senate body for a vote, the nomination not having been voted upon within 15 legislative days:


May 1,2002

A PETITION

To place before the Senate the nomination of Elisabeth Baker, as a member of the Board of Trustees of Wemersville State Hospital.


WE, The undersigned members of the Senate, pursuant to section 8 (b) of Article IV of the Constitution of Pennsylvania, do hereby request that you place the nomination of Elisabeth Baker, as a member of the Board of Trustees of Wemersville State Hospital, before the entire Senate body for a vote, the nomination not having been voted upon within 15 legislative days:


May 1,2002

A PETITION

To place before the Senate the nomination of Elizabeth Schehr, as a member of the Board of Trustees of Wemersville State Hospital.


WE, The undersigned members of the Senate, pursuant to section 8 (b) of Article IV of the Constitution of Pennsylvania, do hereby request that you place the nomination of Elizabeth Schehr, as a member of the Board of Trustees of Wemersville State Hospital, before the entire Senate body for a vote, the nomination not having been voted upon within 15 legislative days:


May 1,2002

A PETITION

To place before the Senate the nomination of Maggie Baker, as a member of the Snyder County Board of Assistance.



WE, The undersigned members of the Senate, pursuant to section 8 (b) of Article IV of the Constitution of Pennsylvania, do hereby request that you place the nomination of Maggie Baker, as a member of the Snyder County Board of Assistance, before the entire Senate body for a vote, the nomination not having been voted upon within 15 legislative days:


May 1,2002

A PETITION

To place before the Senate the nomination of Elizabeth Schehr, as a member of the Warren County Board of Assistance.


WE, The undersigned members of the Senate, pursuant to section 8 (b) of Article IV of the Constitution of Pennsylvania, do hereby request that you place the nomination of Elizabeth Schehr, as a member of the Warren County Board of Assistance, before the entire Senate body for a vote, the nomination not having been voted upon within 15 legislative days:


May 1,2002

A PETITION

To place before the Senate the nomination of Norah Griffiths, as a member of the Venango County Board of Assistance.


WE, The undersigned members of the Senate, pursuant to section 8 (b) of Article IV of the Constitution of Pennsylvania, do hereby request that you place the nomination of Norah Griffiths, as a member of the Venango County Board of Assistance, before the entire Senate body for a vote, the nomination not having been voted upon within 15 legislative days:


The PRESIDENT. The communications will be laid on the table.

LEGISLATIVE LEAVES

The PRESIDENT. The Chair recognizes the gentleman from Lebanon, Senator Brightbill.

Senator BRIGHTBILL. Mr. President, I ask for a legislative leave for Senator Bell, and a temporary Capitol leave for Senator Gerlach.

The PRESIDENT. Senator Brightbill asks for a legislative leave for Senator Bell, and a temporary Capitol leave for Senator Gerlach. Without objection, those leaves will be granted.

The Chair recognizes the gentleman from Lackawanna, Senator Mellow.

Senator MELLOW. Mr. President, I request a temporary Capitol leave for Senator Wagner.

The PRESIDENT. Senator Mellow requests a temporary Capitol leave for Senator Wagner. Without objection, that leave will be granted.

CALENDAR

SENATE RESOLUTION No. 178 CALLED UP OUT OF ORDER, ADOPTED

Senator BRIGHTBILL, without objection, called up from page 5 of the Calendar, as a Special Order of Business, Senate Resolution No. 178, entitled:

A Resolution congratulating the Marine Corps League on its 65th anniversary.

On the question, Will the Senate adopt the resolution?

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

YEA-50

Armstrong Bell Bodack Boscola Brightbill Conti Corman Costa Dent Earll Erickson Fumo Gerlach

Greenleaf Helfrick Holl Hughes Jubelirer Kasunic Kitchen Kukovich LaValle Lemmond Logan Madigan Mellow

Mowery Murphy Musto OTake Orie Piccola Punt Rhoades Robbins Scamati Schwartz Stack Stout

Tartaglione Thompson Tomlinson Wagner Waugh Wenger White, Donald White, Mary Jo Williams, Anthony H. Williams, Constance Wozniak

NAY-0

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

SPECIAL ORDER OF BUSINESS GUESTS O F SENATOR JEFFREY E.

PICCOLA PRESENTED TO THE SENATE

The PRESIDENT. The Chair recognizes the gentleman from Dauphin, Senator Piccola.

Senator PICCOLA. Mr. President, I am pleased to welcome to the Senate gallery today a group of students from a number of organizations and schools in Dauphin and Lebanon Counties who are here today to celebrate Watershed Awareness Month. They


are here to participate in a press conference which will announce the beginning of Watershed Awareness Month, and these students hail from the Upper Dauphin Middle School in Dauphin County, the Harrisburg Boys' and Girls' Club from Harrisburg, the Lower Dauphin High School, and also some of Senator Brightbill's constituents from the Northern Lebanon Middle School and High School.

I would appreciate it, Mr. President, if the Senate would give a warm welcome to these students who are here to celebrate Watershed Awareness Month.

GUESTS O F SENATOR JAMES J . RHOADES PRESENTED T O THE SENATE

The PRESIDENT. The Chair recognizes the gentleman from Schuylkill, Senator Rhoades.

Senator RHOADES. Mr. President, I want to join with Senator Piccola to recognize the guests who are here and just say that I was at the press conference and presented our Senate citation to the group. They, in turn, presented me with a walking stick, and I have to tell you, it is too bad I did not have this last night, but I want to thank them for this presentation. I also want to thank them for the tremendous work that they do.

As soon as I came in, there was one fellow I saw there, Ed Wytovich. I know who he is and everybody in our area also knows who he is. I appreciate everything he has done. And I will heed, as Teddy Roosevelt said, "Speak softly and carry a big stick." I would really like to welcome our guests here today.

Thank you. The PRESIDENT. Would the guests of Senator Rhoades and

Senator Piccola stand so we may welcome all of you to the Senate of Pennsylvania.

(Applause.)

GUESTS O F SENATOR JANE M. EARLL PRESENTED T O THE SENATE

The PRESIDENT. The Chair recognizes the gentlewoman from Erie, Senator Earll.

Senator EARLL. Mr. President, I, too, today am very privileged to be able to have as my guests groups of students from a variety of different schools throughout Erie County visiting us. These students are involved in the Lake Erie-Allegheny Earth Force Program. Earth Force engages thousands of middle school youth in discovering and implementing lasting solutions to environmental problems in their communities. The Erie-based Earth Force Program is coordinated by the Glinodo Center, a nature and educational center owned and operated by the Benedictine Sisters of Erie, who have been providing environmental education to the Erie community for over 30 years. The Lake Erie-Allegheny Earth Force Program is supported by Growing Greener and the Pennsylvania Sea Grant funds.

It is a great pleasure to see all of these young people who are so devoted to environmental stewardship, and I would appreciate it if we would give them our warm welcome.

The PRESIDENT. Would the guests of Senator Earll please rise so we may welcome you to the Senate of Pennsylvania.

(Applause.)

GUESTS O F SENATOR MICHAEL J. STACK PRESENTED TO THE SENATE

The PRESIDENT. The Chair recognizes the gentleman from Philadelphia, Senator Stack.

Senator STACK. Mr. President, I would like to introduce some students from my district who are seated in the gallery today. Their group consists of approximately 65 eighth grade students from the Philadelphia Academy Charter School, which is one of my favorite schools. Most of them are visiting the Capitol for the first time, and they have been very excited about being able to come and visit us here in the State Senate.

So I ask the Senate to extend its warmest welcome to these fine young men and women.

The PRESIDENT. Would the guests of Senator Stack please rise so we may welcome you to the Senate of Pennsylvania.

(Applause.)

GUEST O F SENATOR STEWART J. GREENLEAF PRESENTED TO THE SENATE

The PRESIDENT. The Chair recognizes the gentleman from Montgomery, Senator Greenleaf.

Senator GREENLEAF. Mr. President, I rise to introduce to the Senate a spring semester intern from the University of Pennsylvania Law School. Her name is Molly Selzer, and she is in her second year at law school and has been very, very effective in helping the Senate Committee on Judiciary in drafting legislation and doing legal research. She is a resident of Montgomery County, and we have been very much helped by her assistance and her legal skills as a law student, and I would like to take this opportunity to introduce her to the Senate.

The PRESIDENT. Would the guest of Senator Greenleaf please rise so we may welcome you to the Senate.

(Applause.) The PRESIDENT. We are always delighted to have guests

visit our wonderful Chamber here.

CONSIDERATION O F CALENDAR RESUMED

THIRD CONSIDERATION CALENDAR

PREFERRED APPROPRIATION BILL ON THIRD CONSIDERATION AND FINAL PASSAGE

SB 5 (Pr. No. 1969) - The Senate proceeded to consideration of the bill, entitled:

An Act to provide from the General Fund for the expenses of the Executive, Legislative and Judicial Departments of the Commonwealth, the public debt and for the public schools for the fiscal year July 1, 2002, to June 30, 2003, for certain institutions and organizations, and for the payment of bills incurred and remaining unpaid at the close of the fiscal year ending June 30,2002; to provide appropriations from the State Lottery Fund, the Energy Conservation and Assistance Fund, the Hazardous Material Response Fund, The State Stores Fund, the Milk Marketing Fund, the Home Investment Trust Fund, the Emergency Medical Services Operating Fund, the Tuition Payment Fund, the Banking Department Fund, the Firearm Records Check Fund and the Ben Franklin Technology Development Authority Fund to the Executive Department; to provide appropriations from the Judicial Computer System Augmentation Account to the Judicial Department for the fiscal


year July 1,2002, to June 30, 2003; to provide appropriations from the Motor License Fund for the fiscal year July 1, 2002, to June 30, 2003, for the proper operation of the several departments of the Commonwealth and the Pennsylvania State Police authorized to spend Motor License Fund Moneys; to provide for the appropriation of Federal funds to the Executive Department of the Commonwealth and for the establishment of restricted receipt accounts for the fiscal year July 1, 2002, to June 30, 2003, and for the payment of bills remaining unpaid at the close of the fiscal year ending June 30, 2002; and to provide for the additional appropriation of Federal and State funds for the Executive Department of the Commonwealth for the fiscal year July 1, 2001, to June 30, 2002, and for the payment of bills incurred and remaining unpaid at the close of the fiscal year ending June 30, 2001.

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

required by the Constitution,

On the question, Shall the bill pass finally?

LEGISLATIVE LEAVE CANCELLED

The PRESIDENT. The Chair notes the presence on the floor of Senator Wagner, and his temporary Capitol leave is cancelled.

And the question recurring, Shall the bill pass finally?

The PRESIDENT. The Chair recognizes the gentleman from Chester, Senator Thompson.

Senator THOMPSON. Mr. President, today as we consider final passage of Senate Bill No. 5, we are taking another step in the process that will ultimately lead to a State budget for fiscal year 2002-03. Today's vote obviously will not be the final roll call on this spending package. In fact, some of the media have labeled this a feel-good budget, but it is important that we today reafBrm our commitment to the Commonwealth of Pennsylvania and its people. Certainly, no one in this Chamber is completely satisfied with what we are doing today. We take this action as a benchmark in the evolutionary process that will develop a spending package that meets the Commonwealth's needs without increasing taxes or mortgaging our future.

The debate of Senate Bill No. 5 provided a forum where Members were able to present their views and thoughts on what Pennsylvania's priorities should be for fiscal year 2002-03 and into the future. The priorities discussed over the past day or so are all areas of concern for all 50 Members of this body. We recognize the need to support education, both basic and higher education. We know children are our future and that all of our school districts need help. We also recognize the importance of issues like health care, the environment, prescription drug assistance for our senior citizens, child care, culture and the arts, restructuring of Pennsylvania's school tax system, and helping volunteer first responders. Each of these issues deserves our attention. No one in this Chamber can argue against that. These are all areas that are meritorious and they deserve State support.

However, as guardians of the public trust and the Commonwealth's resources, we must always be pragmatic and face the reality of Pennsylvania's economic situation. In this stark daylight

of reality, we must realize that the budget presented by Governor Schweiker in February was based on a projected revenue shortfall of $677 million for the current fiscal year. As of today, our revenue shortfall stands at $773 million, and we have 2 months remaining in this fiscal year. We are certainly not alone in this economic situation. Many States are facing severe budget problems and are already considering serious actions to forestall financial disaster. In higher education funding, reductions are under consideration in 29 States, and 22 States are looking at reducing Medicaid costs. Basic education funding may be slashed in 17 of our 50 States, and more than half are going to their Rainy Day Funds to help balance their budgets.

It is important not to lose sight of the fact that the passage of Senate Bill No. 5 is only another step in a continuing process. When the camera lights go down, the microphones fall silent, and the newsprint is bundled on the curb waiting for recycling, the negotiations and deliberations will be continuing. The harsh reality we must face is that we cannot spend more money than is there. We must cut at least $96 million before we can add a penny of new expenditures, and that means we have some tough choices ahead of us. I am sure we are all committed to this process and that we have a balanced and fiscally responsible budget by July 1. The road to that goal continues today.

Mr. President, I ask the Senate to give an affirmative vote for Senate Bill No. 5.

The PRESIDENT. The Chair recognizes the gentleman from Philadelphia, Senator Fumo.

Senator FUMO. Mr. President, I think last night was one of those exercises that I guess we have to go through every decade or so, and I hope we do not do it for another decade. But I think it was a good process. I think it showed the people of Pennsylvania that there is a lot of common ground on the things that we want to do for our constituents. I was amazed today to find out that my office was besieged with phone calls. Apparently, there are a lot of people out there who need a life who did watch PCN quite late. I even got an e-mail from Representative Lederer who was watching it at 3:00 a.m. and told me she did not have a life because she was watching.

But in any event, this budget, while not perfect in a year when we are looking at a downturn in the economy, is not really a bad budget as amended. I cannot vote for it only because of one thing, and that was the Dent amendment that went in last night for Philadelphia. But I know that money is coming back when this bill comes back, so I am not worried about that. But the thing I am worried about, and the charge that I give to the Republican Majority in the Senate, is that when we go into these negotiations, and they more so than us, that they protect the good things that we did in here last night, that they protect our school districts and our children, that they protect our property taxpayers, that they continue to protect our senior citizens and all those other groups whom we took care of with cancer research and everything else, and I commend you for voting for them last night, overwhelmingly. And in contrast to Senator Piccola's characterizations, I do not think one vote that was made on that side of the aisle or this side of the aisle was irresponsible. I think they were important votes. I think they expressed the sentiment of the Senate, that we want to take care of these people. I was always taught that government was designed to take care of those who cannot


help themselves. This budget does that. It protects taxpayers, who are really powerless to stop increases in their school taxes; it protects students, who are the least powerful of all; it protects our senior citizens.

So I urge you that during negotiations you protect the things we put in here. What we did last night stayed within the confines of the budget resolution, and, yes, Corrections did get hit, but there are other pots of money that when the process starts can be used to protect even that. And, yes, maybe there should be a hit here and there. I have been here 24 years and I have watched those bureaucracies grow year after year after year after year. I have been through lean times and fat times, and it is interesting to note that the bureaucracy still goes on. When we have good times they want 3- and 5-percent increases in their general government lines, and in the lean years, they will take 1 or 2. They will take what they can get. Maybe this is a year in which we cut some of those bureaucracies across the board. We get the fat out. You know, we are, in a sense, a nonprofit agency. And I want to tell you an interesting story that I saw happen in Philadelphia. We had Allegheny Health System go down, as you well know, and in came two for-profit health care organizations, and ultimately Tenet Health Care took over the system, paid money for it. I remember speaking to those people and I said, how are you going to possibly make money as a for-profit corporation when these hospitals are losing a fortune? How are you going to do that and maintain the standards of care and everything else? They said, Senator, do not worry about it, we know what we are doing. Well, sure enough, they did. They made a profit and they paid taxes on it. Nonprofit agencies, government bureaucracies, every once in a while have to be kicked in the rear end. You have to go outside the box, you have to find a way to do things differently. But inside of that box, the goal is to protect the people we protected last night, and if that means that some bureaucrats have to tighten up, fine.

I remember PennDOT coming in at the budget hearings showing us their new logo. I think Senator Thompson remembers this. I think it cost something like a million bucks to send a copy of their new logo to all their employees. Now, do not tell me that was necessary when we have kids without books. There are tons of those things over there. And in tough times you have to inflict pain, but in tough times you have to protect those who need protection. We all know the sad state of affairs in education, and I am not going to beat up anybody here as to how it happened, but it happened, and it is where it is. But we cannot exist as a Commonwealth if we allow it to continue. It is our most important priority. Our children are going to make this State survive. We look at the statistics every year and see our young people leaving, see factories and employers not coming here because our kids do not have the education to be able to work in their facilities. It is because they are not getting the education, and not just in Philadelphia, throughout Pennsylvania.

So I urge you as we go forward to protect the things that you put in here. They were our suggestions, and we recognize that. I know when we were in the Majority and we had a little more control we told our Members they could not put amendments in either, but they are in now. Do not let them come out. The amendments that we put in are amendments that even the House can live with. Do not let the bureaucracy come over and take that

money back. Yes, there is fine tuning to be done, and if they ask us to help, we will be glad to help in the process. And this is actually a budget for which we can even probably spring the votes necessary to go into the Rainy Day Fund to protect this kind of funding. But we will see. It is a long road. I know we will be done before June 30, because this is an election year, this is not going to be an August year, but I urge you, please, please, please, for all those people whom we helped last night, protect them and make sure the things we put in here stay in here.

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

Lebanon, Senator Brightbill. Senator BRIGHTBILL. Mr. President, I will be brief. The one

item that the Senator from Philadelphia mentioned was that he is not concerned about the $75 million that Governor Schweiker has called for the city of Philadelphia as an additional sum of money to begin the process of rebuilding that school district. I, of course, have said in the past that I would like to support the Governor's effort. But what I saw last night was, Mr. President, that a substantial majority of Members of both parties have put up votes to not do that. And while the gentleman says that he is not worried, I am not quite as comfortable today, and am comfortable in saying that I believe it is at risk. I know that commitments have been made by the Governor, but as the gentleman notes, we are moving ahead, we are moving forward, we are moving toward June 30, and if there are not 26 votes here and 102 votes in the House to get that done, Mr. President, this Commonwealth will have to move forward.

The money that we spent last night, and we did spend money last night by the millions, and on projects that are good projects. There was not one amendment that was offered that was not a good amendment. There was not one dollar that was voted to be spent that was not voted to be spent on something worthwhile. But the main concern was where the money came from. And in a year like this, with an almost $800 million deficit, it is very challenging to know that we are going to be moving ahead. But we are. I intend to cast an "aye" vote. We intend to move forward. We intend to move this process. But in this year, in this budget, Mr. President, nothing is a done deal until we finally get to cast votes on a conference report.

The PRESIDENT. The Chair recognizes the gentlewoman from Philadelphia, Senator Schwartz.

Senator SCHWARTZ. Mr. President, I just rise to make a couple of comments following on last night and this early morning's work on the budget. I want to first say that I do appreciate both the opportunity to offer amendments and the support from the other side of the aisle in a number of our amendments. Most of our amendments last night, in spite of some of the negative comments, it was really very clear that both sides of the aisle, Republicans and Democrats, are deeply concerned about several aspects of this budget and about some of the cuts that were made and some of the priorities that were spelled out in the budget. Certainly, on the amendments, I do hope that that was more than just an exercise, that the negotiators ultimately on the conference committee will take seriously the concerns that were expressed by our votes last night. Some of those appropriations, most of them were really fairly modest. They were really calling for attention to some of the commitments we have made in the past


that we want to continue to meet, such as Growing Greener. Some of the concerns, of course, about medically fragile children, and those issues are really the ones that I hope we will keep up. The one I put in about child care loan forgiveness, an initiative we have been moving on for a number of years, and higher education, those issues are serious issues, and I hope and call on the conference committee to make those a priority.

This is a tough year. There is no question that it is. But it is a year when what we believe in, what we care about, what we are willing to consider our priorities for the citizens of Pennsylvania, both for now and into the future, is extremely important. It is far more challenging, of course, when there are fewer dollars, and when there are quite a few more dollars, you can be very magnanimous and spread it around to everyone, if you will. The fact is that we always have a responsibility to be accountable to the taxpayers of Pennsylvania, to be smart about how we spend our dollars.

There were many criticisms last night about targeting the Department of Corrections and whether that puts citizens of Pennsylvania at great risk. Of course, I, and I would assume any of my colleagues who voted last night, have no intention of putting the citizens of Pennsylvania at risk in depleting the Department of Corrections. The message here, though, is that, one, our priority has to be education, investing in our public schools. We do need to continue to look at that now and into the future. We cannot wait another year, 2 years, 3 years, have our children wait until we have a world-class education system in Pennsylvania. Of course, the Philadelphia children cannot wait, and this budget does not have that $75 million in, and the previous speaker was absolutely right. Until it is there, it is not there, and that is a deep concern, I think, I hope, to all of us that that money be there for Philadelphia. There is a rally going on downstairs about some of the cuts in medical assistance, in health care to working adults, to respite care we talked about last night. These are really important, important issues, particularly when there is a downturn in the economy, that we need to do to take care of.

Certainly, the whole issue again is whether we are investing our dollars in a right way to pay off in the fiiture, whether we are calling on State government to be smarter and to be more efficient. That was not even talked about last night in terms of the Department of Corrections. We have got to call on all of our departments to be more cost-efficient, to do what is right. We rarely ask the Department of Corrections are they doing things in the most cost-effective way? We are calling on the health care system to be more cost-effective. We are calling on education to be more cost-effective. Last night Senator Piccola said that cutting jobs in the Philadelphia schools is an important step. Well, maybe there are ways that we could incarcerate those who are found guilty of crimes in more cost-effective ways. Maybe there are ways that we can make sure that when those people go back on the street, they do not commit crimes again. Have we ever looked at the cost efficiency of our Department of Corrections? Have we demanded from them what we are now demanding from our health care system and our educational system and all of our other departments, the same level of efficiency and accountability that we ought to? I do not believe we have. So we have to look with a very critical eye at all the departments.

The previous speaker talked about the possibility of waste and dollars that are spent, whether it is on public relations campaigns, as you suggested, or I remember a couple of years ago the Governor's initiative was to give us all new license plates for $3.2 million. I was critical then that that money would be better spent on educating our children than giving us all new license plates in a year or two, which was a priority of his. So it is a question, Mr. President, of our priorities, and I call on the conference committee to take what is right now a fairly imperfect document and make it far better, to act responsibly, to call for more efficiency in government, to make the right investments in our children and in our future, and to do right by the taxpayers and the citizens of Pennsylvania. They have a right to demand and expect that accountability and efficiency and investment in what we know will make a difference for our families, for our citizens, and for our children.

So I will vote "no" because of those imperfections and encourage the conference committee and all of us in the General Assembly to continue to demand what we should from our government in terms of our investments, in terms of our priorities, and hope that we can do a bit better than we even did last night on this budget.


Philadelphia, Senator A.H. Williams. Senator A.H. WILLIAMS. Mr. President, I will be brief and

hopefully concise. Last night I was presented with the option of supporting half of my district versus the other half. Philadelphia County got nothing on education, Delaware County got a boondoggle. And frankly, people scratched their heads to figure out why I was voting the way I was voting. I do not believe any child in Pennsylvania should be deprived the quality of education that many of us here have supported for the past several months. I hope that upon final passage I will not be presented with a budget that leaves half of the work that we, that we collectively, in a bipartisan manner, started.

I stood before this body last week when I asked to allow Philadelphia County to support its own issuance of bonds to relieve itself of a responsibility. Some people voted against that; some people voted for that. Last night some people voted in the total opposite way when it came to what has been described as Senator Dent's amendment and wondered why I positioned myself the way I did. We are approaching this process towards our children in a totally schizophrenic manner. We cannot have it both ways. We cannot come to this mike and talk about politics and position ourselves politically for the next Governor, the next budget, the next conversation. These children cannot wait. Philadelphia County, as I said a week ago, when I had so much support from the other side of the aisle, that these are Pennsylvanians. These are not simply Philadelphians, these are Pennsylvanians, just as the children in Delaware County whom I represent are Pennsylvanians. This process of change, dramatic change in the Philadelphia school system, requires our support. We voted for it. We voted for it, and we can no longer run from that responsibility, regardless of how people want to make the conversation ugly. The children should not be stigmatized and the parents within that community should not be stigmatized because they geo-


graphically reside in a part of Pennsylvania for which some people do not care.

I hope, Mr. President, that by the time this bill reaches final passage, that Delaware County will have its due portion with regard to our contribution in terms of education, and Philadelphia County will have its due contribution. Without it, we are leaving children, literally the future of Pennsylvania, out of this budget.

There are a lot of things that we could talk about that are shortcomings in this budget, but for me, for me personally, I am going to look very close at what we do with what we have already started, which the nation, by the way, is looking at, and that is how we help the least of us in times of need. I cannot support this version because it leaves so much undone when it comes to providing for those children in that district. I will wait for a final recommendation, which I am sure is literally weeks away, and with that I hope and I pray that in someone's heart as well as their mind that this activity of politics will be secondary and the children will be primary.

Thank you, Mr. President. The PRESIDENT. The Chair recognizes the gentlewoman

from Philadelphia, Senator Kitchen. Senator KITCHEN. Mr. President, last night we participated

in democracy, and I am glad that I was here to be part of such a process that we can get up from all over the State to fight for our constituents and what we believe is right for them. But, Mr. President, there was a lot of talk about the Corrections budget. Mr. President, if it were a 10- or 12-percent increase, I think that it should be doubled. Mr. President, before the current Secretary, Secretary Beard, took over Corrections, a person whom I highly respect and who is doing wonderful work, we were doing no more than warehousing people and maybe taking people with a first-time involvement in the penal system and making them into real criminals. Mr. President, just on correctional officers alone, there is over $500 million in that budget, and if that is not economic development, I do not know what is. Also, some new institutions have been constructed to replace industries that have left particular counties, and the fact now that attention is being paid and is being looked upon that some type of rehabilitation or training should take place. Mr. President, I think that we would all encourage that. Of course, we want to put more money in education. I will always continue to fight for that. We should be pushing children into college and then we would not have so many people in our State institutions here in Pennsylvania.

But make no mistake about it, every dollar that goes into Corrections comes out into the economy, the State economy here. The correctional officer's family, when they go shopping, when they go to the supermarket, they are paying with some of those same dollars. The vendors who sell different wares in the prisons, such as personal items, those are the same dollars. It is about time we start looking at the correctional system. A lot of those folks will be out in society again without any real rehabilitation or training. Mr. President, I do fight for more money for the Philadelphia School District and for the other school districts in this State, but I also say it is time to start looking at over 37,000 people who are incarcerated in the State correctional institutions.


Cumberland, Senator Mowery.

Senator MOWERY. Mr. President, it has been a long day at this point, so I will not extend it, but I think that my observation of last night was very simply that both sides really are working pretty much with the same thoughts in mind, the same concerns. I do not think that there were too many of the amendments that were brought up last night that were not ones that we on this side have been working on probably just as much as and are just as concerned as they are on the other side. I had the feeling that we know we have a lot of problems to solve. I think the question is how are we going to pay for them? And I hope that both sides can work down the road to try to come up with ways in which we can properly work together to try to bring this budget to closure in a very businesslike but very sympathetic way, to help education, to help Growing Greener, to help all the things that were brought up last evening that we over here also feel very strongly about.

So I just ask for cooperation. It is too bad that we cannot all vote this through today, both sides of the aisle, but maybe down the road they will decide that we can work together and therefore come up with a good budget for all of Pennsylvania.

Thank you very much, Mr. President.

LEGISLATIVE LEAVE CANCELLED

The PRESIDENT. The Chair recognizes the presence on the floor of Senator Gerlach, and his temporary Capitol leave is cancelled.

And the question recurring, Shall the bill pass finally?

The PRESIDENT. The Chair recognizes the gentleman from York, Senator Waugh.

Senator WAUGH. Mr. President, I rise today to support the bill before us. All the speakers have mentioned last night and the exercise that we went through, and certainly I guess it was one of the more interesting evenings since I have been here in the Senate. It presented all of us with an opportunity to support programs that we have probably long been waiting to support, and I am hopeful we will be able to maintain some of the priorities that were established: funding for basic education, especially in areas like my home area of York where 1 percent just does not cut it; the ability to maybe, maybe reduce some property taxes for folks; new money to support environmental programs, and of course our senior citizens, all were brought to light last night.

There is one additional program that we dealt with last night that I would like to just talk a little bit more about here this morning, because I think it is important that we do not send the wrong message to our fire service and emergency service providers. We had the opportunity this morning, everybody supported it, it is an easy one to support, especially since 9/11, an additional $45 million to be provided to our emergency service people across the State. I am happy to support that proposal. It certainly was laudable, but I would like to just toss out here for the record a word of caution. The last time we provided funding for emergency services, we did it as a lump-sum payout. Every fire department, every volunteer fire department across the State, some 2,600 or so of them, were provided with a check, which hap-


pened to be in the amount of about $9,900. And I guess it went rather well. I mean, I had a chance to talk to a lot of the different companies around and some said, gee, it helped pay our insurance, and of course some said it was not even enough to pay our fuel bill, and some said it helped put a new roof on their fire station, which they had been waiting so long to get.

I think we all realize we have such a diverse mix of organizations that provide fire services across our State that sometimes it is difficult when you are just taking a lump sum of money and writing a check to really address the needs and the concerns of each and every one. So this open-ended, sort of give-them-all-a-check-and-make-them-happy program, I am not really sure if it was the right way. In fact, since that time, I had an opportunity to talk extensively with the Fire Commissioner here in Pennsylvania and with fire service leaders across the State and people in the fire stations, fire chiefs, and various officers, and there are a couple of things that I hear consistently over and over again from those folks, and that is that, and probably even more important now since September 11, there are haves and have-nots in this diverse mix of providers across our State, very much like our school districts, very much like the folks who live in the communities across our State, depending on whether they live in the rural lands or the urban areas, or whatever, there is this mix of needs and required services for each and every community.

And it is my opinion, Mr. President, that if we are able to keep the $45 million in this budget, and I hope we can, I really hope we can, I believe the presenter of the amendment last night should take it a step further and try to craft a program this time that has some structure.

Senator LOGAN. Mr. President. The PRESIDENT. For what purpose does the gentleman rise? Senator LOGAN. Mr. President, can we just quiet the Cham

ber down? I am having a hard time hearing the Senator. The PRESIDENT. There are not many people here, but I ask

that the Members who are here please respect their colleagues who are discussing an extraordinarily important issue.

Thank you, Senator Logan. Senator WAUGH. Thank you, Mr. President. Try to craft a program, as I said, this time that has some struc

ture to it. I believe we will find that there is support for that in the Fire Commissioner's office. Frankly, I believe we will find if we work together that we will be able to get support from the fire service leaders across this State, because there have been many meetings held since that time where they have expressed those types of views. And I am talking about things like maybe something needs-based incorporated in it so that those fire departments, many of them in the hinterlands, many of them in the higher service areas with high responses and some dilapidated equipment, have an opportunity to compete on a needs basis for some of the moneys that are being made available.

Additionally, I think there is an awful lot to be said for a program that would incorporate a matching grant type system like we so often use in government funding at all levels because, quite frankly, I think a lot of our local municipalities are not stepping up to the plate when it comes to funding departments. I can tell you that in York County there is a mix. We have some townships and boroughs that heavily fimd the local fire departments and help them in every way, including career people or paid people

to put in their stations. And we have some that just kind of, well, send a check, whatever it takes to make them happy, and do not fund enough. So if we were to develop a program where, let us say, if a fire department got a grant of $10,000, they would be urged to go to the local municipality and say, look, if you can provide us with $10,000, we can get $10,000 from the State. A matching grant system, I do not know if that is fair or not. I mean, some people say that could be a burden on our local municipalities, but I think there are times when we need to encourage our local municipalities a little bit, and without really mandating anything, I think this would be an inspirational type program to help support an increased level of funding at the local level.

Also, I believe there is a lot to be said today for specialization and cooperative training in our local departments. We see some of it. Some of the areas are better than others, but September 11 I think was a really good example of how specialized services like urban search and rescue or high-angle rescue and those types of specialized units are really needed, probably today more than ever before. And what we found in the past is that companies tend to want to do it all and do everything, and each department will have a ladder truck and each department will have a tanker and each department will have a rescue squad and an ambulance and an engine. I have been there, I have been through it. There has always been this sort of competitive mode with departments that may only be 5 or 6 miles away from each other, and I think it is extremely important that at the State level here, and again, especially in light of what happened on 9/11, that we take an opportunity, if we are going to provide funding, we take an opportunity to help encourage, not mandate, but encourage cooperative training, cooperative purchasing, and cooperative efforts to really make these services or help make these services more effective in terms of their training and their skills and the types of equipment that they offer.

So I am not here in any way suggesting that what we did this morning in terms of the $45 million was the wrong thing. In fact, I supported it. I think it was the right thing to do. But I do believe we have an obligation to work with our fire services, our fire service leaders, our Fire Commissioner, and PEMA here at the State level and, quite frankly, across the aisles of the Senate and hopefully over in the House they will do the same thing, to help provide a program this time, this time that is not just a check-writing and check-sending exercise. I believe that we can do much better, providing higher levels of quality service, professional service across our State if we do that.

So I would just like to toss out to Senator Logan, and the Representatives over in the House if they happen to be listening, and I will certainly communicate with them that we as really the leadership of the fire services caucus here have to come together and work on this thing, I believe, to help create a program that is truly effective in the long run. And I would like to just state for the record, Mr. President, that should be our goal in this.

Now, I have one last thing I would like to say that was mentioned this morning. I did not speak this morning because my notes got messed up or something. I am not sure exactly what happened, but there was some discussion as the amendment was presented about the Federal funding that has been made available, and I think the presenter of the amendment actually started


to sort of build a defense that really never came up in the long run, but he was talking about the fact that he thought maybe what he would hear is that there is really no reason for the State to fund because there is a lot of money coming from the Federal government. I think it is about $200 million at this point, maybe more, maybe a little less, and he is right. I think it would be fan-to try to make an argument that with that type of money potentially flowing into the State, maybe we need to look at the total amount that we are setting aside here in this budget for emergency services. I do not believe it is fair to characterize that money as something that we should just blow off and say, well, maybe it will and maybe it will not. Here again, I believe as leaders of the fire caucus we have an obligation and we have the opportunity right now to encourage our Federal leaders, and frankly the President of the United States, to make sure that the money that they have set aside in the wake of September 11 gets into the appropriate areas of this country where it is needed. And I think we can make a pretty dam good case that in Pennsylvania we should be a high-priority area for this money. Anyone who has been watching and listening to what is coming out of Washington on this knows that if there is one thing in this tight budget year that seems to be easy to make a case for, it is emergency services and emergency planning and emergency management, and it is because of September 11, quite frankly. We identified several needs. Even though we did a pretty decent job of it in the long run, we identified several areas and several needs for money to flow, and I believe the Federal government is going to step up and make that money flow.

In Pennsylvania, if you think about it, we are probably the only State in the country that was intimately involved in each and every one of the three tragedies that occurred on that day. Senator Logan last night mentioned Shanksville. It did not turn out to be much in terms of a rescue, but certainly it was a chaotic scene, and it required a lot of resources. It happened right within the bounds of our Commonwealth. We had the first non-New York based urban search and rescue, specialized rescue team operating at Ground Zero in New York City the day after the event occurred. In addition, we had several units and several specialized folks from within our community who responded to the Pentagon situation in Washington. So I believe that we as leaders, supposed leaders of the fire services here in Pennsylvania, have an obligation based on the fact that we are, on a national level, in a strategic location, and also, quite frankly, given the fact that the leader of homeland security at the Federal level has a previous relationship with us here in Pennsylvania. I think if we not just sort of brush it off but really get out in front of this thing and work on this Federal funding, not only will we be able to make money available at the State level, but potentially be able to bring in several hundreds of millions of dollars in addition to help put into emergency service and emergency management planning here in Pennsylvania.

So I guess what I am saying, Mr. President, is that we have some real opportunities, and I hate to sort of make everything tie into September 11, but you know, sometimes we look for good on such bad occasions, and I think one of the good things we can say about that day is that in the emergency services of our nation and of our Commonwealth, we learned an awful lot. We saw that we were prepared, for the most part, but that we have to really

plan and be prepared in the future for different types of events, things that we have never had to face before in our nation or in this State, and I believe we have some real opportunities here to do that, and I would encourage each and every Member of this Senate, but especially those, many of those who are Members of the fire services caucus, to work together and work cooperatively on not only providing in this budget State funds, but also getting out ahead of the curve when it comes to these Federal moneys and trying to make sure that they are put in place in such a way that they benefit each and every one of our departments - ambulance, rescue, fire, you name it - in the most appropriate way.

Thank you very much, Mr. President.

The PRESIDING OFFICER (Senator M.J. White in the Chair.)

The PRESIDING OFFICER. The Chair recognizes the gentleman from Allegheny, Senator Logan.

Senator LOGAN. Madam President, I also want to thank Senator Waugh and my co-chairperson in the fire and emergency services caucus, and we do want to work cooperatively to help the fire departments across the State. As I said last night and Senator Waugh said this afternoon, we do not want to send the wrong message to our fire services, and I could not agree more, and that is why last night, and I certainly will not get into it today, that time line of those commitments and the promises that have been made to our fire services, the EMTs, the ambulance and the volunteer fire companies, the municipal departments, the combo departments, all that I explained this morning, that we certainly do not want to send those people the wrong message, and I think since I have been here the last 16 or 17 months, we have at State government, and I went through item by item. I did not show them, but I have a letter and faxes and press releases from folks saying we are going to help. And then when I turn to that line item in the budget and see a big zero, that is not helping. And I do not want to, I do not think we should mislead the folks watching.

Again, we keep saying there are billions and billions of dollars that are going to come from the Federal government and drop into the laps of the State government, and that is not true, Madam President. Right now the only money that is appropriated, and I went through it last night and I am certainly going to go through it again, is the $360 million that is allocated for the FEMA grants. Let us look at 2001, and those FEMA moneys were available. There were over 19,000 applications that totalled almost $3 billion in requests, and there was only $100 million allocated. Now, you do the math and find out what departments were left out. I know what departments were left out. In 2002, we have again over 20,000 applications again, almost $3 billion in requests, and now they have allocated only $360 million. You do the math, you do the applications and find out who is going to be left out. I agree, if we took Act 66, which we did 2 years ago, and we cut everybody a $9,900 check, is that the best thing? No, but it is fair. It is equal. And that is what we did with the funding for the school districts last night, or this morning. We made things equal, and being equal is not bad, because I know that when you get into these fancy formulas and you work these numbers through, somebody gets the short end of the stick. And when you


are talking about fire companies and you are talking about volunteers, nobody should get the short end of the stick. I do want to work with Senator Waugh, I do want to work with the folks in the House, but I want to make sure that everybody gets their fair share.

Certainly, we cannot pinpoint this money and point to this money at the Federal government and say it is going to drop into the laps of every volunteer fire company and every fire company and every ambulance company in the State of Pennsylvania. That is just not going to happen. The mathematics are just not there, and you cannot tell me, Madam President, after we talk of a $20 billion budget, that there is not $25 million, $30 million, $45 million in it for those people who respond to us every single day. Needs basis, matching grant, I heard that. And I said it last night, I heard it in August of 2001 by Ed Mann down in the Southwest-em Pennsylvania Firemen's convention in Glassport. I will quote again, you are going to love what you see coming out of the Governor's Office. Maybe there needs to be a local match. We have heard those things. He made that promise. Where are the results? We point to the budget again and there are zero dollars.

So I do not want to belabor the point. I know on behalf of the Democratic Caucus here in the Senate we are willing to work, we are willing to come up with a program that is fair. That is why when you look at my program that I outlined last night, it is like Ragu spaghetti sauce, everybody is in there, it is equal, it is fair. We have die volunteer fire companies that are going to get a little piece of the pie, we have the municipal and combo departments that will get a little piece of the pie. Philly is not left out, Erie is not left out, and Pittsburgh is not left out. And then we have the volunteer and nonprofit ambulance companies that will get a little piece of the pie. It is equal.

Again, Madam President, I want to extend my thanks to Senator Waugh and my offer of help from the Senate Democratic Caucus, that if we do, if we are fortunate enough to keep that money in this year's budget, that we will sit down and come up with a program that is fair to all of our first responders and EMTs across the Commonwealth.

Thank you, Madam President.

And the question recurring. Shall the bill pass finally?

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

YEA-43

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

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

PERMISSION TO ADDRESS

The PRESIDING OFFICER. For what purpose does the gentleman from Allegheny, Senator Logan, rise?

Senator LOGAN. Madam President, point of information. The PRESIDING OFFICER. The gentleman will state it. Senator LOGAN. Madam President, my colleagues had a

good time with me when I outlined my program and said it was equal and then talked about it being all-encompassing. I said it was like tomato sauce, it was Ragu, everything is in there. They said if I am going to do a commercial, I should know about the tomato sauce, so I want to correct the record and say it is like Prego, it is all in there.

The PRESIDING OFFICER. The Chair thanks the gentleman, but I think commercials of all varieties are prohibited on the floor.

THIRD CONSIDERATION CALENDAR RESUMED

BILL OVER IN ORDER

SB 1319 ~ Without objection, the bill was passed over in its order at the request of Senator PICCOLA.

BILL ON THIRD CONSIDERATION AND FINAL PASSAGE


An Act amending the act of May 17, 1921 (P.L.682, No.284), known as The Insurance Company Law of 1921, further providing for mastectomy and breast cancer reconstruction.

Considered the third time and agreed to.

On the question, Shall the bill pass finally?

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

Armstrong Bell Bodack Boscola Brightbill Conti Corman Costa Dent Earll Erickson

Fumo Hughes

Gerlach Greenleaf Helfrick Holl Jubelirer Kasunic Kukovich LaValle Lemmond Logan Madigan

Kitchen Schwartz

Mellow Mowery Murphy Musto OTake Orie Piccola Punt Rhoades Robbins Scamati

NAY-7

Stack Tartaglione

Stout Thompson Tomlinson Wagner Waugh Wenger White, Donald White, Mary Jo Williams, Constance Wozniak

Williams, Anthony H.

Armstrong Bell Bodack Boscola Brightbill Conti Corman Costa Dent Earll Erickson

Greenleaf Helfrick Holl Hughes Jubelirer Kasunic Kitchen Kukovich LaValle Lemmond Logan

YEA-50

Mowery Murphy Musto O'Pake Orie Piccola Punt Rhoades Robbins Scamati Schwartz

Tartaglione Thompson Tomlinson Wagner Waugh Wenger White, Donald White, Mary Jo Williams, Anthony H. Williams, Constance Wozniak


Fumo Gerlach

Madigan Mellow

Stack Stout

NAY-0

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

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

LEGISLATIVE LEAVE

The PRESIDING OFFICER. The Chair recognizes the gentleman from Dauphin, Senator Piccola.

Senator PICCOLA. Madam President, I request a legislative leave for Senator Holl.

The PRESIDING OFFICER. Senator Piccola requests a legislative leave for Senator Holl. Without objection, that leave will be granted.

THIRD CONSIDERATION CALENDAR RESUMED

BILLS OVER IN ORDER

HB 1458 and HB 1459 - Without objection, the bills were passed over in their order at the request of Senator PICCOLA.

SECOND CONSIDERATION CALENDAR

BILLS OVER IN ORDER

HB 330, HB 402, HB 641, SB 763, SB 1060, SB 1118, SB 1158 and SB 1164 - Without objection, the bills were passed over in their order at the request of Senator PICCOLA.

BILL ON SECOND CONSIDERATION


An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, further providing for definitions, for vehicles not requiring certificate of title and for vehicles exempt from registration; providing for electric personal assistive mobility devices; and further providing for driving upon sidewalk.

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

ation.

BILLS OVER IN ORDER

HB 1237, HB 1326, HB 1327, HB 1328, HB 1933, HB 2005, HB 2125, HB 2213 and HB 2223 - Without objection, the bills were passed over in their order at the request of Senator PICCOLA.

SENATE RESOLUTION No. 200, LAID ON THE TABLE

Senator PICCOLA, without objection, called up from page 5 of the Calendar, Senate Resolution No. 200, entitled:

A Resolution amending section 7 of Senate Rule XV.


Senator PICCOLA. Madam President, I move that Senate Resolution No. 200 be laid upon the table.

On the question, Will the Senate agree to the motion? A voice vote having been taken, the question was determined

in the affirmative.

UNFINISHED BUSINESS SENATE RESOLUTIONS ADOPTED

Senators MURPHY, STOUT, ERICKSON, WAGNER, MOWERY, KUKOVICH, LOGAN, COSTA, KITCHEN, M. WHITE, HUGHES, EARLL, MUSTO, DENT, ORIE, WENGER, OTAKE, TOMLINSON, SCHWARTZ, D. WHITE, BRIGHTBILL, MELLOW, KASUNIC, THOMPSON, ROBBINS, GREENLEAF, CONTI, PICCOLA, WAUGH, LEMMOND and SCARNATI, by unanimous consent, offered Senate Resolution No. 225, entitled:

A Resolution designating the month of May 2002 as "Stroke Prevention Month" in Pennsylvania.


The PRESIDING OFFICER The Chair recognizes the gentleman from Allegheny, Senator Murphy.

Senator MURPHY. Madam President, this resolution declares the month of May as Stroke Prevention Month. Although many times we are engaged in several issues that affect the Commonwealth, this is one where it is extremely important we recognize the importance of people taking steps to protect themselves and their families. Every 3.3 minutes in America someone dies from the effects of a stroke. It accounts for one of every 14.3 deaths, and someone suffers a new or recurrent stroke every 53 seconds. This, of course, may come from a blockage of an artery or perhaps a narrowing of arteries, or ruptured blood vessels. It is important to know that strokes can be avoided by minimizing risk factors, which include smoking, diabetes, and stress. And during this time, I also suggest that people be aware to recognize the warning signs of stroke, which can be a sudden numbness or weakness of the face, arms, or legs, especially on one side of the body, a sudden confusion, trouble speaking or understanding, sudden trouble seeing in one or both eyes, sudden trouble walking and dizziness, the loss of balance or coordination, and sudden severe headaches with no known cause.

The reason I take this time just to bring those points before people is because so often people may have symptoms of stroke and may not be aware of it and may not seek the immediate attention they need. So during this time of May, my hope is that people will pay closer attention to some of those symptoms and make sure they get immediate care, because it can really be a matter of life and death, and in many cases getting immediate


care through a hospital can also be the difference between continuing on with a normal, healthy life and one that is marred by some disabilities.


And the question recurring. Will the Senate adopt the resolution? A voice vote having been taken, the question was determined

in the affirmative.

Senators STACK, MELLOW, WENGER, LOGAN, WAGNER, TARTAGLIONE, KUKOVICH, KITCHEN, COSTA, TOMLINSON, A. WILLIAMS, BODACK, EARLL, MUSTO, BOSCOLA, C. WILLIAMS, ERICKSON, DENT, M.J. WHITE, CONTI, THOMPSON, RHOADES, WAUGH, SCHWARTZ, MURPHY, MOWERY, GREENLEAF, and LEMMOND, by unanimous consent, offered Senate Resolution No. 226, entitled:

A Resolution designating the week of May 4 through 11, 2002, as "SAFE KIDS Week" in Pennsylvania.


The PRESIDING OFFICER. The Chair recognizes the gentleman from Philadelphia, Senator Stack.

Senator STACK. Madam President, I rise to offer a resolution designating May 4 through 11, 2002, as SAFE KIDS Week in Pennsylvania. The statewide SAFE KIDS Coalition in 37 local chapters and coalitions are working in communities to make people more aware of injury risks, including head injuries, and ways to eliminate them. The work of SAFE KIDS Coalition is critically important to the health of children because of unintentional injury. It is one of the number one killers of children 14 years of age and under. One particular area of safety that SAFE KIDS addresses is bicycle safety. In 1999, 566 children were treated in hospitals for bicycle-related injuries. During a 4-year period, from 1995 to 1999, 1,161 Pennsylvania children suflfered traumatic brain injuries from pedicycle crashes. While these statistics indicate the seriousness of child injuries, it should be noted that pedicycle injuries can be reduced through the use of helmets. Currently, only 15 to 25 percent of children use bicycle helmets. The SAFE KIDS Coalition is committed to educating the public on the need and health benefits for children to wear helmets. By passing this resolution, we can do our part to increase public awareness about child safety and traumatic brain injury. Therefore, I ask my colleagues for their support of this very important resolution.


And the question recurring, Will the Senate adopt the resolution? A voice vote having been taken, the question was determined

in the affirmative.

Senators STACK, MELLOW, WENGER, LOGAN, WAGNER, TARTAGLIONE, KUKOVICH, KITCHEN, COSTA, TOMLINSON, A. WILLIAMS, BODACK, EARLL, MUSTO, BOSCOLA, C. WILLIAMS, ERICKSON, M. WHITE, CONTI,

LEMMOND, THOMPSON, RHOADES, KASUNIC, SCHWARTZ, MURPHY, MOWERY, and GREENLEAF, by unanimous consent, offered Senate Resolution No. 227, entitled:

A Resolution designating May 3, 2002, as "Civil Engineers Day" in Pennsylvania.


The PRESIDING OFFICER The Chair recognizes the gentleman from Philadelphia, Senator Stack.

Senator STACK. Madam President, I offer a resolution designating May 3, 2002, as Civil Engineers Day in Pennsylvania. Civil engineers actively engage in maintaining and sustaining the vital infrastructure of our civilized and natural environments. The engineers design our roads, water systems, and help us to achieve smart growth. The efforts and education of civil engineers have been enhanced by the American Society of Civil Engineers. This society celebrates its 150th anniversary this year. The society and its many sections, such as the one located in Philadelphia, significantly contribute to the professional developments and advancements of its members through educational mentoring programs. The outstanding work of civil engineer societies benefits every Pennsylvanian. It is with great thanks for the work they do that I offer this resolution and urge my colleagues to vote for its passage.


And the question recurring, Will the Senate adopt the resolution? A voice vote having been taken, the question was determined

in the affirmative.

BILLS INTRODUCED AND REFERRED

The PRESIDING OFFICER laid before the Senate the following Senate Bills numbered, entitled, and referred as follows, which were read by the Clerk:

May L 2002

Senators CONTI, TOMLINSON, BELL, BODACK, BOSCOLA, COSTA, KITCHEN, KUKOVICH, LEMMOND, LOGAN, MELLOW, MUSTO, SCHWARTZ and TARTAGLIONE presented to the Chair SB 1426, entitled:

An Act amending the act of June 13, 1967 (P.L.31, No.21), known as the Public Welfare Code, providing for reimbursement for certain medical assistance items and services.

Which was committed to the Committee on PUBLIC HEALTH AND WELFARE, May 1, 2002.

Senators LOGAN and KASUNIC presented to the Chair SB 1427, entitled:

An Act establishing and funding a grant program for volunteer fire companies, volunteer ambulance services, water and vehicle rescue squads and municipal fire departments; and making appropriations.


Which was committed to the Committee on STATE GOVERNMENT, May 1, 2002.

CONGRATULATORY RESOLUTIONS

The PRESIDING OFFICER laid before the Senate the following resolutions, which were read, considered, and adopted by voice vote:

Congratulations of the Senate were extended to John Howland Faber, Stephen C. Robbins and to the Kennett High School Boys' Basketball Team by Senator Bell.

Congratulations of the Senate were extended to the Sacred Heart Junior Tamburitzans by Senator Bodack.

Congratulations of the Senate were extended to Dr. William E. Haberl, George H. Treisner, Jr., John Reinhart, Margaret O. Magee, Alicia Alcamo and to the United Way of the Greater Lehigh Valley by Senator Boscola.

Congratulations of the Senate were extended to Ralph Brown, Jr., by Senator Brightbill.

Congratulations of the Senate were extended to Kristen Michelle Spinner, Rebecca Spaeth, Victoria Marie Oliver, Jennie Elizabeth Hoose, Jessica Hill, Lauren Abigail Forry, Megan Lynn Crouthamel, Sara E. Ashnoff and to Lisa Eileen Buroojy by Senator Conti.

Congratulations of the Senate were extended to Brandon Pontius and to Jane E. Benner by Senator Corman.

Congratulations of the Senate were extended to Rawland D. Cogan by Senators Corman and Scamati.

Congratulations of the Senate were extended to Carmen Gravante Mannella, Michael E. Urban and to the Ninety-Plus celebration members of the Penn Hills Senior Services Center by Senator Costa.

Congratulations of the Senate were extended to L. Kathryn Fogel and to the Allentown Central Catholic High School Girls' Basketball Team by Senator Dent.

Congratulations of the Senate were extended to Stephen Louis Benko by Senator Earll.

Congratulations of the Senate were extended to Carmen Febo-San Miguel and to Welker Real Estate, Inc., by Senator Fumo.

Congratulations of the Senate were extended to Mr. and Mrs. Ira Griffith and to Thomas Frazer by Senator Gerlach.

Congratulations of the Senate were extended to Mr. and Mrs. Ralph Smith, Carl C. Bonnell and to Gloria J. Gross by Senator Helfrick.

Congratulations of the Senate were extended to Nicholas T. Brown, James R. Scanlon and to Mark Adam Gamble Henne by Senator Holl.

Congratulations of the Senate were extended to Christopher Evans and to Bernard L. Knowles by Senator Hughes.

Congratulations of the Senate were extended to Mr. and Mrs. James Wyland, Wolf Furniture Company and to the Huntingdon Area Middle School Environmental Youth Team by Senator Jubelirer.

Congratulations of the Senate were extended to Bishop K. C. Lyons, Wetherill Associates, Inc., of Royersford, L. F. Driscoll Company of Bala Cynwyd, Comcast Cable Communications, Inc., of Philadelphia, ICT Group, Inc., of Langhome, Ben Franklin Technology Partners of Philadelphia, United States

Liability Insurance Group of Wayne, Independence Blue Cross of Philadelphia, Wyeth-Ayerst Pharmaceuticals of Mount Laurel, TEVA Pharmaceuticals USA of North Wales, AAMCO Transmissions, Inc., of Bala Cynwyd, Tasty Baking Company of Philadelphia, WTXF-FOX Philadelphia, AmeriChoice of Pennsylvania, IKEA Property, Inc., of Plymouth Meeting and to Special Olympics Philadelphia by Senator Kitchen.

Congratulations of the Senate were extended to Dr. Domonique Detrick and to Dr. Patrick Kelly by Senator Kukovich.

Congratulations of the Senate were extended to Allan M. Kluger, Sue Kline Kluger, Ronald H. Ulitchney, Jr., Steven James Osterhout and to the Montrose Chapter of the Daughters of the American Revolution by Senator Lemmond.

Congratulations of the Senate were extended to Jim Fox by Senator Logan.

Congratulations of the Senate were extended to Mr. and Mrs. Elwell Kingsley, Mr. and Mrs. Richard Wertz, Mr. and Mrs. Patrick Beime and to Thomas Fairchild, Sr., by Senator Madigan.

Congratulations of the Senate were extended to Joseph Robert Lendvay by Senator Mowery.

Congratulations of the Senate were extended to Nicholas John Smoley, Muriel R. Moreland and to Brian N. Miller by Senator Murphy.

Congratulations of the Senate were extended to Jessica Mary Niemiec, Rebecca French, Nicole Waxmonsky, Emily Currie, Joseph J. Trella, Melissa Kalinowski, Laura Simon and to Kyle R. Drake by Senator Musto.

Congratulations of the Senate were extended to St. Peter the Apostle Catholic Church of Reading by Senator O'Pake.

Congratulations of the Senate were extended to Dr. David E. McFarland by Senator O'Pake and others.

Congratulations of the Senate were extended to Dr. Bridget M. Chufo, Tiffany J. Pan, Robert J. Miller, Jamie Swet, Brad Rea, Ray White, Carol Nee, Marie Milie Jones, Tim Karrs, Health Pyramid Wellness and Vitality Center of Natrona Heights, Together for Retarded Youth, Inc., of Wexford, Fibercon International, Inc., of Evans City, and to the Spina Bifida Association of Western Pennsylvania by Senator Orie.

Congratulations of the Senate were extended to Meghan Haas, Amanda Hahn and to Christina Jones by Senator Rhoades.

Congratulations of the Senate were extended to Jason Scriven by Senator Robbins.

Congratulations of the Senate were extended to Carolyn Boser Newhouse by Senator Scamati.

Congratulations of the Senate were extended to Mr. and Mrs. Charles L. Phillips, Mr. and Mrs. Raymond S. Miller, Mr. and Mrs. George Hadanich and to Lois Huffinan Lindley by Senator Stout.

Congratulations of the Senate were extended to Kristin Ann Comolli, Diane Elizabeth Durante, Megan L. Reber and to Joseph M. Keefer by Senator Thompson.

Congratulations of the Senate were extended to Andrew Fitzpatrick by Senators Tomlinson and Conti.

Congratulations of the Senate were extended to Matthew Ryan McClarigan by Senator Wenger.


Congratulations of the Senate were extended to the Honorable Richard A. and Mrs. Diana Tilghman and to Ora Pierce by Senator C. Williams.

Congratulations of the Senate were extended to Mr. and Mrs. Thomas J. Leslie and to Mr. and Mrs. Raymond L. Grove by Senator Wozniak.

PETITIONS AND REMONSTRANCES

The PRESIDING OFFICER. The Chair recognizes the gentleman from York, Senator Waugh.

Senator WAUGH. Madam President, I rise today to alert the Senators to a resolution that I have recently introduced. I talked just a bit ago on emergency services and about how strongly I feel that we have an obligation to communicate with our Federal leaders. I think so many times our responsibilities at home in our district not only include interacting with State agencies and doing things of a State nature, and of course legislation and all, but also we are a link to our Federal leaders for our constituents.

So today I would like to rise to alert Senators to the fact that last Thursday I sent each of you a cosponsorship memorandum for a resolution. The resolution relates to veterans medical services across our State. Now, of course, this is pretty much a Federal-related issue, but it is an issue that was brought to my attention by several veterans in York County. In response to that, I talked with the director of York County Veterans Affairs about it, and have come to find out, here is the situation in York. The York community-based outpatient clinic is a facility that was located on the campus of Memorial Hospital in York, actually just last year, 2001. It was really a great step forward for York County. We have a pretty large veteran population there, and we were all quite pleased that we were finally not going to have to see our veterans commuting to Lebanon and some of the other areas, that we had services right in our back yard. They have plenty of office space there in which to work, and actually we have about 38,000 veterans in York County who need these services. The problem is they are short on staff at the facility, with plenty of room and space and physical plant, but they are unable to meet the needs of York County veterans simply because they do not have the doctors or nurses or other staff necessary to provide these services. In fact, as of April 15, there were 1,286 veterans on a waiting list for services at the York outpatient clinic.

One of the York County veterans I talked to was really unable to travel great distances for service and he told me he might have to wait up to 18 months, which is really unbelievable, to be seen at the York outpatient clinic. Without a Veterans Administration consultation at the facility, or any other facility for that matter, he cannot participate in some of the important Veterans Health Administration medical programs, including the pharmaceutical benefits program that is offered. I checked with Veterans Administration sources around the State, a little bit of background to this resolution, and actually I found out it is not just a problem in York County. In fact, there are other areas of the State where we are faced with the same type of problem, and I guess it has to do with the fact that many of our veterans, as they get a little older or retire from work where they had medical coverages previously, are now looking to be enrolled in these programs that are offered through the Veterans Administration.

So, as I said, it is not just a York County problem, it is a problem that has cropped up, not in all areas, but in many other areas of the State.

In the year 2000, Federal funding for medical services for veterans programs increased by about 12 percent, and in 2001 it fortunately increased by about 14 percent. But even with these increases, the increased number of potential enrollees really has the need outpacing the services that are available. The truth is, the simple truth is that Pennsylvania really has a total veteran population of about 1.2 million people, and about half of those folks are over 65 years of age.

So in response, what I am doing is introducing a resolution. These folks have served their country. I think they at least deserve our voice with our Federal leaders. They provided our nation security when they were called upon, and I think now we need to respond for them. Without adequate funding for VA medical services, however, we sort of let diem down when then-needs really are the greatest.

So this resolution would memorialize the President and the Congress of the United States to take a hard look and reexamine the level of Federal funding for veterans medical services to ensure there is enough funding to provide timely, quality service to the veterans who have served this country so well. Now as of this morning, I think I had about 20, 22 Senators who have signed on. I really think it is an easy one. I would like to encourage everyone to sign on by contacting my office, and hopefully by next year diis time we will be able to say that we are seeing more of a response out of our Federal folks.


ADJOURNMENT

The PRESIDING OFFICER. The Chair recognizes the gentleman from Dauphin, Senator Piccola.

Senator PICCOLA. Madam President, I move that the Senate do now adjourn until Monday, May 6, 2002, at 2 p.m., Eastern Daylight Saving Time.

The motion was agreed to by voice vote. The Senate adjourned at 1:15 p.m., Eastern Daylight Saving

Time.

COMMONWEALTH OF PENNSYLVANIA WEDNESDAY, MAY 1, …May 01, 2002 · COMMONWEALTH OF PENNSYLVANIA...

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