1fiegislatibe ~journal · 1999. 5. 4. · s8928(pr. no. 992) an act amending the act ofmarch 10,...

COMMONWEALTH OF PENNSYLVANIA

1fiegislatibe ~Journal

TUESDAY, MAY 4, 1999

SESSION OF 1999 183RD OF THE GENERAL ASSEMBLY No. 27

SENATETUESDAY, May 4, 1999

The Senate met at I p.m., Eastern Daylight Saving Time.

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

PRAYER

The Chaplain, Pastor DONN MIDDLETON, of LimestoneBaptist Church, Limestone, offered the following prayer:

Let us bow together in prayer.Our gracious God and Heavenly Father, as we come into

Your presence this afternoon, we recognize that You are thegreat Creator of the universe. You have created us, You understand everything about us because You have made us. You havecreated us that we might have fellowship with You.

We thank You for Your greatness and for all of the wordsthat describe Your character, Your love, Your grace, Yourmercy, Your long suffering on our behalf, Your love that wasexpressed to us in the person of Your dear Son who went toCalvary's cross, who died for us, where Your word tells us thatYou loved us so much that You gave Your only begotten Son,that whosoever believeth in him shall not perish but have everlasting life.

We pray Your blessing upon our time here as we thank Youfor Your goodness. You promised wisdom and guidance to thosewho ask, and so we bow before You asking for that guidance.We thank You for a State and for a nation that has been foundedupon biblical principles. We need to acknowledge You in ourlives.

We thank You that in a couple of days our nation will behaving a National Day of Prayer. It is a time when we as individuals and as a nation confess our sin before You and acknowledge our need ofYou, and truly our nation needs to find its wayback to God. As William Penn said many years ago, man willeither be mled by God or by tyrant.

We thank You for the historical significance that allows usto open in prayer and the freedoms that we have to do that. Weare reminded that Ben Franklin called the Constitutional Convention to prayer when they were debating over the forming ofthis nation. They were having a difficult time making decisions,and he encouraged those delegates who were there to begin theirsession with prayer, and we thank You that we can pray.

We ask, Lord, that You would be with these who are Yourministers and our Senators who are gathered here this afternoon. We pray for them, for their families, that You would blessthem with good health and strength. We pray especially for allof the business that is before them today, that You would impartunto them wisdom and divine guidance and instruction. Wethank You that You have promised to give it to us ifwe asked,and so we acknowledge our need for Your guidance in our lives.

Bless us and use us for Your glory, we pray in the name ofChrist our Lord. Amen.

The PRESIDENT pro tempore. The Chair thanks ReverendMiddleton, who is the guest today of Senator White.

JOURNAL APPROVED

The PRESIDENT pro tempore. A quorum of the Senatebeing present, the Clerk will read the Journal ofthe precedingSession of May 3, 1999.

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.

HOUSE MESSAGES

DOUSE NONCONCURS IN SENATEAMENDMENTS TO HOUSE BILL

The Clerk ofthe House ofRepresentatives informed the Senate that the House has nonconcurred in amendments made bythe Senate to DB 980.

The PRESIDENf pro tempore. The bill will be placed on theCalendar.

DOUSE CONCURS IN SENATECONCURRENT RESOLUTION

The Clerk ofthe House ofRepresentatives informed the Senate that the House has concurred in resolution from the Senate,entitled:

Weekly adjournment.

BILLS SIGNED

The PRESIDENT pro tempore (Robert C. Jubelirer) in thepresence ofthe Senate signed the following bills:

HB 1011, DB 1010 and DB 1011.

466 LEGISLATIVE JOURNAL - SENATE MAY 4,

REPORTS FROM COMMITTEES

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

SB 717 (pr. No. 782)

An Act amending the act ofMay 28, 1995 (lst Sp.Sess., P.L.I009,No. 14), entitled DNA Detection ofSexual and Violent Offenders Act,further providing for the defmition of "other specified offense" to include the offense ofburglary.

SB 846 (pr. No. 949)

An Act amending Title 42 (Judiciary and Judicial Procedure) ofthe Permsylvania Consolidated Statutes, further providing for aggravating circmnstances in the sentencing procedure for murder of the firstdegree.

Senator BELL, from the Committee on Consumer Protectionand Professional Licensure, reported the following bill:

S8 669 (pr. No. 1035) (Amended)

An Act amending Title 66 (Public Utilities) of the PennsylvaniaConsolidated Statutes, further providing for alternative fonn of regulation of telecommunications services.

Senator LEMMOND, from the Committee on State Government, reported the following bill:

S8 812 (pr. No. 1031) (Amended)

An Act authorizing and directing the State Annmy Board of theDepartment of Military and Veterans Affairs and the Department ofGeneral Services, with the approval of the Governor, to convey to theHistorical and Genealogical Society of Indiana C01mty a tract of landsituated in the Borough of Indiana, County ofIndiana, Pennsylvania.

Senator HAlU, from the Committee on Finance, reported thefollowing bills:

S8 648 (pr. No. 705)

An Act amending the act of December 19, 1988 (P.L.1262,No.1S6), entitled, as amended, Local Option Small Games of ChanceAct, further providing for prize limits.

S8 767 (pr. No. 832)

An Act amending the act of February I, 1974 (P.L.34, No. IS),entitled Permsylvania Municipal Retirement Law, further providing forthe allocation ofexcess interest by successor municipalities in the caseof certain authorities that have their operating functions transferredback or dissolved.

Senator RHOADES, from the Committee on Education, reported the following bills:

S8 332 (pr. No. 1034) (Amended)

An Act amending the act of March 10, 1949 (P.L.30, No. 14), entitled Public School Code of 1949, providing for good Samaritan immunity for school employees; further providing for authority of teachers,vice principals and principals over pupils; providing for school policiesfor drug or alcohol violations, for conflict resolution training and for~ requirements for governing adjudicated delinquents; further providmg for the suspension and expulsion of pupils, for exceptional chil-

dren, their education and training, for reporting of incidents ofschoolviolence and for transfer of records; providing for school violence reporting requirements for school employees, for school safety committees and for notification to parents and guardians ofvictims of schoolviolence; and further defining "school."

S8 925 (pr. No. 989)

An Act amending the act ofMarch 10, 1949 (p.L.30, No.l4), entitled Public School Code of 1949, providing for the definition of "codeof student conduct"; and requiring the adoption of a code of studentconduct.

S8 926 (pr. No. 990)

An Act amending the act ofMarch 10, 1949 (p.L.30, No.14), entitled Public School Code of 1949, requiring the adoption ofparent involvement policies by school entities.

S8 927 (pr. No. 991)

An Act amending the act ofMarch 10, 1949 (P.L.30, No.14). entitled Public School Code of 1949, requiring continuing professionaldevelopment programs to include prevention of school violence.

S8 928 (pr. No. 992)

An Act amending the act ofMarch 10, 1949 (p.L.30, No.14), entitled Public School Code of 1949, requiring reports of incidents ofschool violence to local law enforcement agencies.

S8 929 (pr. No. 993)

An Act amend.ing the act ofMarch 10,1949 (p.L.30, No.14), entitled Public School Code of 1949, requiring the establishment, implementation and administration of school safety committees and schoolsafety plans.

S8 931 (pr. No. 995)

An Act amending the act ofMarch 10, 1949 (P.L.30, No. 14), entitled Public School Code of 1949, further providing for grants by theOffice ofSafe Schools.

S8 932 (pr. No. 1033) (Amended)

An Act making appropriations to the Department ofEducation foralternative education programs and safe school programs.

S8 933 (pr. No. 997)

An Act amending the act ofMarch 10, 1949 (P.L.30, No.14), entitled Public School Code of 1949, further defining "applicant" for purposes of grants for alternative education; and further providing foralternative education grants.

S8 934 (pr. No. 998)

An Act amending the act ofMarch 10,1949 (P.L.30, No.14), entitled Public School Code of 1949, providing for terroristic threats inschools.

1999 LEGISLATIVE JOURNAL - SENATE 467

sa 943 (pr. No. 1028)

An Act requiring the Department ofEducation to provide technicalassistance and to report to the General Assembly and school districtson alternative education programs.

sa 945 (pr. No. 1019)

An Act amending the act ofMarch 10, 1949 (P.L.30, No.14), entitled Public School Code of 1949, providing for instruction relating tononviolent behavior and conflict resolution.

sa 948 (pr. No. 1030)

An Act establishing the Violence Prevention Grant Program; pr0viding for the duties ofthe Department ofEducation, for confidentialityofstudent records and for audits ofprogram; and making an appropriation.

HB 456 (pr. No. 1534)

An Act establishing the Safe and Secure Schools Program to assistschool districts and area vocational-technical schools in the purchaseofequipment, provision of special services and in the development ofprograms to enhance school safety; and providing for duties of theDepartment ofEducation.

RESOLUTION REPORTED FROM COMMITTEE

Senator LEMMOND, from the Committee on State Government, reported the following resolution:

SR 8 (pr. No. 1031) (Amended)

A Concurrent Resolution directing the Joint State GovernmentConnnission to create a bipartisan task force to study the feasibility ofchanging the date of general primary elections and municipal primaryelections to September.

The PRESIDENT pro tempore. The resolution will be placedon the Calendar.

LEGISLATIVE LEAVES

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

Senator LOEPER. Mr. President, I request a legislative leaveon behalfof Senator Robbins.

The PRESIDENT pro tempore. Senator Loeper requests alegislative leave for Senator Robbins. Without objection, thatleave will be granted.

The Chair recognizes the gentleman from Allegheny, Senator Bodack.

Senator BODACK.. Mr. President, at this time I ask for atemporary Capitol leave for Senator Stout.

The PRESIDENT pro·tempore. Senator Bodack requests atemporary Capitol leave for Senator Stout. Without objection,that leave is granted.

LEAVES OF ABSENCE

Senator LOEPER asked and obtained leaves of absence forSenator SALVATORE and Senator WENGER, for today's Session, for personal reasons.

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

CALENDAR

SENATE RESOLUTION No. 63CALLED UP OUT OF ORDER, ADOPTED

Senator LOEPER, without objection, called up from page 5ofthe Calendar, as a Special Order ofBusiness, Senate Resolution No. 63, entitled:

A Resolution honoring York COtmty on the occasion of the 2SOthanniversary of its fotmding.

On the question,Will the Senate adopt the resolution?

SPECIAL ORDER OF BUSINESSGUESTS OF SENAlUR MIKE WAUGH

PRESENTED TO THE SENATE

The PRESIDENT pro tempore. The Chair recognizes thegentleman from York, Senator Waugh.

Senator WAUGH. Mr. President, on August 19 of this yearYork County will celebrate its 250th birthday. This resolution,Senate Resolution No. 63, sponsored by the Members of theSenate who serve York County, including myself, SenatorAnnstrong, Senator Mowery, and Senator Punt, recognizes andcelebrates this momentous occasion. You know, York Countywas the first county in the Commonwealth west of theSusquehanna River. Senator Bell reminded me earlier at lunchtoday that it was actually carved out of his home county, so thatis notable also for the history books. But since 1749, for 250years, York County has been a leader.

Mr. President, as we enter the next centUIy we will continueto be a leader in this Commonwealth with the help of leaderslike the ones we have here today as our guests. Seated in thebalcony, and I would like to recognize just a few, we have ahuge delegation from Yolk County, actually the 250th Commission delegation, the folks responsible for making this year agR3t success. Notably, we have our three county commissioners,and I would like to ask them if they could please rise. We havePresident Commissioner Bob Minnich, Commissioner ChrisReilly, and Commissioner Shirley Glass, along with the rest ofthe delegation. Ifwe could give them a warm welcome, I wouldappreciate it.

The PRESIDENT pro tempore. Would all the guests of Senator Waugh please rise.

(Applause.)The PRESIDENT pro tempore. We are delighted to have you

here.

And the question recurring,Will the Senate adopt the resolution?

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


YEA-47

Armstrong Greenleaf Madigan StapletonBelan Hart Mellow StoutBell Helfii<:k Mowery TartaglioneBodack Holl Murphy ThompsonBoscoIa Hughes Musto TilglunanBrightbill Jubelirer O'Pake TomlinsonConti Kasunic Piccola WagnerCorman Kitchen Punt WaughCosta Kukovich Rhoades WhiteDent LaValle Robbins WilliamsEarll Lemmond Schwartz WomiakGerlach Loeper Slocum

NAY-o

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

GUESTS OF SENATOR ROBERT J. THOMPSONPRESENTED TO THE SENATE

The PRESIDENT pro tempore. The Chair recognizes thegentleman from Chester, Senator Thompson.

Senator THOMPSON. Mr. President, it is my pleasure tointroduce members of the senior class from the West ChesterChristian School who are visiting the Senate and the Capitoltoday. They are with their teacher, Mr. John Brady. These students are constituents of the 19th and 44th districts of ChesterCounty, and we would like the Senate to give them its usualwarm welcome.

The PRESIDENT pro tempore. Would the guests of SenatorThompson please rise so we may welcome you properly to theSenate ofPennsylvania.

(Applause.)

GUESTS OF SENATOR MICHAEL A. O'PAKEPRESENTED TO THE SENATE

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

Senator O'PAKE. Mr. President, in the gallery are two pe0

ple who have been shadowing me today. As a result of theAlvernia College scholarship ball, they are spending the day inthe State Capitol. One is a junior at Boyertown Area HighSchool, Mr. David Reinersmann, who is interested in a careerin political science, or at least he was until today, and he is herewith his mother, Rosie Blackledge, and I would ask the Senateto greet these two guests in the gallery.

The PRESIDENT pro tempore. Would Senator O'Pake'sguests please rise so that we may welcome you to the Senate ofPennsylvania.

(Applause.)

GUESTS OF SENATOR ALLYSON Y.SCHWARTZ PRESENTED TO THE SENATE

The PRESIDENT pro tempore. The Chair recognizes thegentlewoman from Philadelphia, Senator Schwartz.

Senator SCHWARTZ. Mr. President, I, too, would like torecognize a guest. I have a senior from Simmons College in

Boston who is visiting with us today. I went to Simmons College, and they encourage alumnae to have a student visit themevery year. This is the third year I have participated in this program. Kate Allen is from New Hampshire, a State that gets paida little bit of attention politically, so she is very interested inpolitics. She is a communications major and is very active incommunity service in the Boston area. This is her first visit toHarrisburg, and she has already been introduced to Hershey'schocolates. So in addition to some of the politics of today, wehad a long session in the Committee on Education talking aboutschool violence. I hope that you will give a wann welcome to anon-Pennsylvanian, a visitor from New Hampshire, Kate Allen.

The PRESIDENT pro tempore. Would our visitor from NewHampshire please rise. Welcome to the Senate ofPennsylvania.

(Applause.)

GUESTS OF SENATOR ROGER A. MADIGANPRESENTED TO THE SENATE

The PRESIDENT pro tempore. The Chair recognizes thegentleman from Bradford, Senator Madigan.

Senator MADIGAN. Mr. President, I have two introductions.The first is a group of nine young men and women from theTioga County Christian Academy, who are in the gallery withtheir chaperones and headmaster, Glenn Hill, and I would askthe Senate to give them its usual wann welcome.

The PRESIDENT pro tempore. Would the guests of SenatorMadigan in the gallery please rise, and we would like to welcome you to the Senate of Pennsylvania.

(Applause.)The PRESIDENT pro tempore. The Chair recognizes the

gentleman from Bradford, Senator Madigan.Senator MADIGAN. Mr. President, it is a real privilege to

have again this year a young man from my district who is serving as a guest Page, Mr. Jonathan Schaeffer. He is a freshman,he is home-schooled, and he is interested in pursuing a careerin law. I would like to have the Senate give him its usual wannwelcome.

The PRESIDENT pro tempore. Would the guest Page ofSenator Madigan please rise. Welcome.

(Applause.)

GUESTS OF SENATOR ROBERT C. JUBELIRERPRESENTED TO THE SENATE

The PRESIDENT pro tempore. And lastly, the Chair hasguests today. I am deeply privileged to introduce the junior andsenior classes from the Calvary Christian Academy ofHuntingdon County who are visiting the Capitol today as partof civics day, sponsored by the Keystone Christian EducationAssociation. This group consists of nine students and twoadults, and I would ask if they would stand. It is a pleasure andhonor for me to welcome all ofyou to the Senate ofPennsylvania.

(Applause.)


CONSIDERATION OF CALENDAR RESUMED

SENATE RESOLUTION No. 68CALLED UP OUT OF ORDER, ADOPTED

Senator LOEPER, without objection, called up from page 5oftile Calendar, as a Special Order of Business, Senate Resolution No. 68, entitled:

A Resolution recognizing the week of May 2 through 8, 1999, as"Tourism Week" in Pennsylvania.

On the question,Will the Senate adopt the resolution?A voice vote having been taken, the question was detennined

in the affirmative.

SB 504 CALLED UP OUT OF ORDER

SB 504 (pr. No. 1019) - Without objection, the bill wascalled up out of order, from page 3 of the Third ConsiderationCalendar, by Senator LOEPER, as a Special Order ofBusiness.

BILL ON THIRD CONSIDERATIONAND FINAL PASSAGE

SB 504 (Pro No. 1019) -- The Senate proceeded to consideration of the bill, entitled:

A Supplement to the act ofDecember 8, 1982 (P.L.848, No.235),entitled Highway-Railroad and Highway Bridge Capital Budget Supplemental Act for 1999-2000, itemizing additional local and Statebridge projects.

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?

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

YEA-47

Armstrong Greenleaf Madigan StapletonBelan Hart Mellow StoutBelt Heunck Mowery TartaglioneBodack Holl Murphy ThompsonBoscola Hughes Musto TilglunanBrightbill Jubelirer O'Pake TomlinsonConti Kasunic Piccola WagnerCorman Kitchen Punt WaughCosta Kukovich Rhoades WhiteDent laValle Robbins WilliamsEarll Lemmond Schwartz WomiakGerladl Loeper Slocum

NAY-o

A constitutional majority of all the Senators having votedaye,"the question was detennined in the affirmative.

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

RECESS

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

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

The PRESIDENT pro tempore. Senator Loeper requests arecess of the Senate for the purpose of a Republican caucus tobegin immediately in the caucus room on the first floor.


Senator BODACK. Mr. President, at this time I ask all Democratic Members to report to Room 461 immediately for a Democratic caucus.

The PRESIDENT pro tempore. Senator Bodack has requested the Democrats in the Senate to report to Room 461 forthe purpose of a Democratic caucus.

For purposes of Republican and Democratic caucuses, theSenate stands in recess.

AFTER RECESS

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

LEGISLATIVE LEAVES

The PRESIDENT pro tempore. The Chair recognizes thegentleman from Lebanon, Senator Brightbill.

Senator BRIGHTBILL. Mr. President, I ask for temporaryCapitol leaves for Senator Loeper, who has been called to hisoffice, and Senator Hart.

The PRESIDENT pro tempore. Senator Brightbill asks fortempormy Capitol leaves for Senator Loeper and Senator Hart.Without objection, those leaves will be granted.


Senator BODACK. Mr. President, I request temporaryCapitol leaves for Senator Hughes and Senator Williams, andlegislative leaves for Senator Mellow and Senator Tartaglione.

The PRESIDENT pro tempore. Senator Bodack requeststemporary Capitol leaves for Senator Hughes and Senator Williams, and legislative leaves for Senator Mellow and SenatorTartaglione. Without objection, those leaves will be granted.

CONSIDERATION OF CALENDAR RESUMED

FINAL PASSAGE CALENDAR

NONPREFERRED APPROPRIATION BILLOVER IN ORDER

SB 731 -- Without objection, the bill was passed over in itsorder at the request of Senator BODACK.


LEGISLATIVE LEAVE CANCELLED

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

Ordered, That the Secretary of the Senate present said bill tothe House ofRepresentatives for concurrence.

mIRD CONSIDERATION CALENDAR

5B 732 CALLED UP OUT OF ORDER

SB 731 (pr. No. 795) - Without objection, the bill wascalled up out of order, from page 2 of the Third ConsiderationCalendar, by Senator BODACK, as a Special Order ofBusiness.

NONPREFERRED APPROPRIATION BILLOVER IN ORDER

5B 731 -- Without objection, the bill was passed over in itsorder at the request of Senator BODACK.

CormanCostaDentEarllGerlach

KitchenKukovichLaValleLenunondLoeper

PuntRhoadesRobbinsSchwartzSlocum

NAY-o

WaughWhiteWilliamsWomiak

58 18 CALLED UP OUT OF ORDER

5B 18 (pr. No. 13) - Without objection, the bill was calledup out oforder, from page 2 of the Third Consideration Calendar, by Senator BRIGHTBILL, as a Special Order of Business.

BILL ON THIRD CONSIDERATIONAND FINAL PASSAGE

5B 18 (Pr. No. 13) - The Senate proceeded to considerationof the bill, entitled:

An Act amending the act of December 15, 1986 (P.L.1585,No.174), entitled Private Licensed Schools Act, further providing forthe defmition of "private licensed schoolh~ and defming "seminar."

Considered the third time and agreed to,


LEGISLATIVE LEAVE CANCELLED

The PRESIDENT pro tempore. The Chair recognizes Senator Stout as being on the floor, and his temporary Capitol leaveis hereby cancelled.

LEGISLATIVE LEAVE

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

Senator BODACK. Mr. President, I ask that SenatorSchwartz be granted a temporary Capitol leave.

The PRESIDENT pro tempore. Senator Bodack requests atemporary Capitol leave for Senator Schwartz. Without objection, that leave will be granted.

And the question recurring,Shall the bill pass finally?


YEA-47

Armstrong Greenleaf Madigan StapletonBelan Hart Mellow StoutBell HeUiick Mowery TartaglioneBodack Holl Murphy ThompsonBoscola Hughes Musto TilglunanBrightbill Jubelirer O'Pake TomlinsonConti Kasunic Piccola Wagner

The PRESIDENT pro tempore. The Chair recognizes thegentleman from Mercer, Senator Robbins, and his legislativeleave is hereby cancelled.

SPECIAL ORDER OF BUSINESSGUESTS OF SENATOR ROBERT D. ROBBINS

PRESENTED TO THE SENATE

The PRESIDENT pro tempore. The Chair recognizes thegentleman from Mercer, Senator Robbins.

Senator ROBBINS. Mr. President, I am pleased to introduceguests from Mercer County who are visiting in the Capitol thisweek. Seated in the gallel}' are Mrs. Patricia Steckler and herdaughter, Casey, and Mrs. Barb Elder and her daughter, Emily.Both Casey and Emily served as guest Pages in the House yesterday. Casey is a tenth grader at Lakeview High School and isa member of the softball team, Student Council, InternationalClub, and Bible Club.

Emily is an eighth grader at Lakeview Middle School. She isa member of the school band, eighth grade ensemble, and chorus. Please join me in welcoming my guests to the Senate ofPennsylvania.

The PRESIDENT pro tempore. Would Senator Robbins'guests please rise so that we may welcome you appropriately tothe Senate ofPennsylvania.

(Applause.)

SPECIAL ORDER OF BUSINESSSUPPLEMENTAL CALENDAR No.1

SENATE INSISTS UPON ITS AMENDMENTSNONCONCURRED IN BY THE HOUSE TO HB 980

DB 980 (Pr. No. 15(1) - The Senate proceeded to consideration of the bill, entitled:

An Act to provide from the General Fund for the expenses oftheExecutive, Legislative and Judicial Departments of the Commonwealth, the public debt and for the public schools for the fiscal yearJuly I, 1999, to June 30, 2000, for certain institutions and organizations, and for the payment ofbills incurred and remaining unpaid at theclose ofthe fiscal year ending June 30, 1999~ to provide appropriationsfrom the State Lottery Fund, the Energy Conservation and AssistanceF\Dld, the Ha:zaIdous Material Response Fund, The State Stores Fund,the Milk MaIketing Fund, the Home Investment Trust Fund, the Emergency Medical Services Operating Fund, the Ben FranklinlIRC Partnership Fund, the Tuition Payment Fund, the Banking DepartmentFund and the Firearm Records Check Fund to the Executive Depart-


men~ and to provide appropriations from the Judicial Computer System Augmentation Account to the Judicial Department for the fiscalyear July I, 1999, to June 30, 2000~ and to provide appropriations fromthe Motor License FWld for the fiscal year July 1, 1999, to JWle 30,2000, for the proper operation of the several departments of the Commonwealth and the Pennsylvania State Police authorized to spendMotor License FWld moneys~ and to provide for the appropriation ofFederal fimds to the Executive and Judicial Departments of the Commonwealth and for the establishment of restricted receipt accounts forthe fiscal year July I, 1999, to JWle 30, 2000, and for the payment ofbills remaining Wlpaid at the close of the fiscal year ending JWle 30,1999~ and to provide for the additional appropriation of Federal andState funds for the Executive Department of the Commonwealth for thefiscal year July I, 1998, to JlDle 30, 1999, and for the payment ofbillsincurred and remaining Wlpaid at the close of the fiscal year endingJWle 30, 1998.

Senator BRIGHrBllL. Mr. President, I move that the Senatedo insist upon its amendments to House Bill No. 980, and thatthe President pro tempore appoint a Committee ofConferenceon the part of the Senate.

On the question,Will the Senate agree to the motion?It was agreed to.Ordered, That the Secretary of the Senate infonn the House

ofRepresentatives accordingly.

Tbe PRESIDING OFFICER (Jeffrey E. Piccola) in tbeCbair.

THIRD CONSIDERATION CALENDAR RESUMED

BILL REREPORTED FROM COMMITIEEAS AMENDED, AMENDED

DB 10 (Pr. No. 1609) - The Senate proceeded to consideration of the bill, entitled:

An Act amending TItle 75 (Vehicles) of the Pennsylvania Consolidated Statutes. further providing for licensing eligibility and licensingofminors, for leamer's permits and for school, examination or hearingon accmnulation ofpoints or excessive speeding~ providing for additional annual fees for certain registrations~ further providing for restraint systems~ and making editorial changes.

On the question,Wtll the Senate agree to the bill on third consideration?

CORMAN AMENDMENT Al801

Senator CORMAN offered the following amendment No.A1801:

Amend Title, page I, line 3, by striking out AND and inserting acomma

Amend Title, page I, line 5, by inserting after speeding: and forrequirements for driving lDlder influence offenders

Amend Title, page I, line 6, by inserting after for: annual haulingpermits, for

Amend Title, page I, line 7, by inserting after systems: establishing a task force on driver's education programs~ and for conditions ofpermits and security for damages~ providing for permits for movementof float glass or flat glass~ further providing for permit for movementduring the course of manufacture and for permit for movement ofwooden structures~ providing for security wall pilot project

Amend Sec. I (Sec. 1503), page 3, line 7, by inserting after accident reportable Wlder section 3746<a) (relating to immediate notice ofaccident to police department>

Amend Sec. I (Sec. 1503), page 4, line 17, by inserting after accidentreoortable lDlder section 3746(a)

Amend Sec. 3 (Sec. 1505), page 6, line 29, by striking out who isat least and inserting: who~

ill is at leastAmend Sec. 3 (Sec. 1505), page 6, line 30, by inserting brackets

before and after and who: and inserting immediately thereafter: or. ifthe SPOuse ofthe learner's permit holder. is at least 18 years of age: or.ifa parent. guardian or person in loco parentis of the learner's permitholder. is at least 18 years ofage:

Amend Sec. 3 (Sec. 1505), page 7, line 1, by inserting bracketsbefore and after (1) and inserting immediately thereafter: ill

Amend Sec. 3 (Sec. 1505), page 7, line 4, by inserting bracketsbefore and after (2) and inserting immediately thereafter: ill

Amend Sec. 3 (Sec. 1505), page 7, line 21, by inserting after~tification: fonn

Amend Sec. 3 (Sec. 1505), page 7, lines 18 through 27, by strikingout all of said lines and inserting: examination for a junior driver'slicense the minor must:

(I) have held a learner's permit for that class ofvehicle for aperiod of six months: and

(2) present to the department a certification signed by thefather. mother. guardian. person in loco parentis or SPOuse of amarried minor stating that the minor applicant has completed 50hoW'S of practical driving experience accompanied as requiredunder subsection (b). Submission ofa certification shall not subject the parent. guardian. person in loco parentis or spouse of amarried minor to any liability based upon the certification.

(3) Have the certification form completed when the minor isready for the licensing examination. The certification form shallbe developed by the department and will be provided by the department when the original application for a learner's permit isprocessed. The department will make this fonn readily availablethrough the mail or Internet.CO Filing a false certification.-Any person who flies a false certifi

cation violates the provisions of this title and shall be subject to thepenalties authorized in section 6502 (relating to summary offenses).

Amend Sec. 5 (Sec. 1538), page 8, line 20, by striking out 25 andinserting: 26

Amend Sec. 6, page 9, lines 6 and 7, by striking out all of saidlines and inserting:

Section 6. Sections 1548(c) and (d) and 155O(bX1 Xii) ofTitle 75are amended to read:§ 1548. Requirements for driving under influence offenders.

•••(c) Results ofevaluation.-Based on the results ofevaluation and

any additional information and evidence, the court may in addition toany other requirements ofthe court or this title determine and require,as part of sentencing or condition ofparole, probation or AcceleratedRehabilitative Disposition or other preliminary disposition, that theperson successfully complete a prescribed program of individual orgroup intervention or supervised inpatient or outpatient treatment orany combination of these programs or treatments for a period ofup totwo years in dmation. Any program of individual or group interventionor supervised inpatient or outpatient treatment shall be ofa type approved by the Department of Health or operated by a facility or hospital that is under the authority of the United States Armed Forces or theDepartment of Veterans Affairs. Based on periodic reviews of theperson's progress, the court may alter, modify or shorten or extend theduration of the requirements.

(d) Order for alcohol or drug commitment.-Ifafter evaluation andfurther examination and hearing it is determined that a defendant is analleged chronic abuser ofalcohol or controlled substances or that theperson is a severely debilitated controlled substance or alcohol abuserwho represents a demonstrated and serious threat, the court may orderthe person committed for treatment at a facility or institution approvedby the Department of Health or operated by a facility or hospital thatis under the authority ofthe United States Armed Forces or the Depart-


ment of Veterans Affairs. If the defendant has been convicted of aprevious violation of section 3731. the court shall order the personcommitted to a drug and alcohol treatment program licensed by theOffice ofDrug and Alcohol Programs ofthe Department ofHealth oroperated by a facilitv or hospital that is under the authority of theUnited States Anned Forces or the Department of Veterans Affairs:

(I) Any person subject to this subsection may be examinedby an appropriate physician of the person's choosing and the resultofthe examination shall be considered by the court.

(2) Upon motion duly made by the committed person. anattorney or an attending physician. the court at any time after anorder ofconunitment may review the order. After determining theprogress of treatment, the court may order its continuation. theperson's release or supervised treatment on an outpatient basis.

(3) Any penon ordered by the court to receive treatment aftera first offense. and any person required to receive treatment aftera second offense under section 3731 must demonstrate to the courtthat the defendant has successfully completed treatment accordingto all guidelines required by the program before the person's operating privilege may be restored.•••Amend Bill. page 10. by inserting between lines 21 and 22:Section 8. Section 1943 ofTitle 75 is amended by adding a sub

section to read:§ 1943. Annual hauling permits.

•••(0) Float glass or flat 2188s.-The annual fee for the movement of

float glass or flat glass. as provided for in section 4979.3 (relating topermit for movement of float glass or flat glass for use in constructionand other end uses), shall be $800.

Amend Sec. 8. page 10. line 22. by striking out 8 and inserting: 9Amend Bill. page II. by inserting between lines 16 and 17:Section 10. Section 4962(f) ofTitle 75 is amended to read:

§ 4962. Conditions ofpermits and security for damages.•••(f) When loads permitted.-Qnly vehicles and combinations per

mitted under the following provisions shall be authorized to carry orhaul loads while operating under the permit:

Section 4961(aX2). (3) and (6) (relating to authority to issuepermits).

Section 4965 (relating to single permits for multiple highwaycrossings).

Section 4968 (relating to permit for movement during courseofmanufacture).

Section 4974 (relating to permit for movement ofcontainerized cargo).

Section 4975 (relating to permit for movement of special mobile equipment).

Section 4976 (relating to permit for movement of domesticanimal feed).

Section 4976.1 (relating to permit for movement of live d0mestic animals).

Section 4977 (relating to permit for movement of woodenstructures).

Section 4978 (relating to permit for movement of buildingstructW"a1 components).

Section 4979 (relating to permit for movement ofparticleboard or fiberboard used in the manufacture of ready-toassemble furniture).

Section 4979.1 (relating to permit for movement ofbulk. refmedoil).

Section 4979.2 (relating to pennit for movement ofwaste coaland beneficial combustion ash).

Section 4979.3 (relating to pennit for movement of float glassor flat glass for use in construction and other end uses).•••Section II. Sections 4968 and 4977 ofTitle 75. amended Decem

ber 21. 1998 (P.L.1126. No.151). are amended to read:§ 4968. Permit for movement during course ofmanufacture.

(a) Annual permit.-An annual permit may be issued authorizingmovement on specified highways of boats. trailers. mobile homes.

modular housing units and undercarriages. helicopters. hot ingots. rawcoal. basic oxygen furnace lances. railway equipment and rails or otherarticles. vehicles or combinations which exceed the maximum height,width or length specified in Subchapter B (relating to width, heightand length) or self-propelled cranes or combinations carrying raw milkor flat-rolled steel coils [orh hot ingots or raw water which exceed themaximum weight specified in Subchapter C (relating to maximwnweights of vehicles) while they are in the course of manufacture andunder contract with or under the direct control of the manufacturer.subject to the following provisions:

(I) Except for articles and vehicles not exceeding 102 inchesin width, no permit shall be issued under this section for movement ofarticles or vehicles while they are in transit from the manufacturer to a purchaser or dealer or for the movement ofarticlesor vehicles upon a freeway.

(2) Articles and vehicles not wider than 102 inches may bemoved any distance on a permit. Articles and vehicles wider than102 inches but not in excess of ten feet in width may be moved upto 50 miles on a pennit. Wider articles and vehicles may be movedno farther than ten miles on a permit.

(3) A combination of vehicles which is hauling flat-rolledsteel coils may be permitted by the department and local authorities to move upon highways within their respective jurisdiction adistance not exceeding 50 miles if the gross weight does not exceed 100,000 pounds and the weight ofany nonsteering axle doesnot exceed 21.000 pounds. No permit may be issued for this typeofmovement upon an interstate highway.

(3.1) A combination ofvehicles which is hauling raw milk toor from a manufacturer may be permitted by the department andlocal authorities to move upon highways within their respectivejurisdiction 24 hours a day. seven days a week, except duringinclement weather as defined in department regulations. if thegross weight does not exceed 95.000 pounds and if the weight ofany nonsteering axle does not exceed 21,000 pounds. No permitmay be issued for this type ofmovement upon an interstate highway.

(3.2) A combination of vehicles which is hauling a hot ingotmay be permitted by the department and local authorities to move

I upon highways within their respective jurisdiction a distance notexceeding 25 miles if the gross weight does not exceed 150.000pounds and the weight of any nonsteering axle does not exceed21.000 pounds.

(3.3) A combination of vehicles which is hauling basic oxygen furnace lances may be permitted by the department and localauthorities to move upon highways within their respective jurisdictions ifthe overall length does not exceed 90 feet. A vehicle operating under a permit authorized under this section may be driven24 hours a day. seven days a week, if the vehicle or combinationis operated at prevailing speeds. Movement under this paragraphis not authorized during any ofthe following:

(i) A holiday period specified in department regulationsor in the permit.

(ii) Inclement weather. as defmed in department regulations.(3.4) A self-propelled crane which is being road tested may

be permitted by the department and local authorities to move uponhighways within their respective jurisdictions a distance not exceeding 15 miles if the gross weight does not exceed 150.000pounds and the weight on any axle does not exceed 27.000pounds.

(3.5) A combination of vehicles which is hauling raw coalfrom a mine to a processing or preparation facility may be permitted by the department and local authorities to move upon highwayswithin their respective jurisdictions a distance not exceeding 30miles ifthe gross weight does not exceed 95,000 pounds and if theweight ofany nonsteering axle does not exceed 21.000 pounds. Nopermit may be issued for this type ofmovement upon an interstatehighway.

(3.6) A combination of vehicles which is ha111ing raw waterfrom a spring to a bottling facility may be permitted by the department and local authorities to move upon specified highways within


their respective jurisdictions subject to the following conditions: (4) The spacing between tandem axles must be a minimum(i) The vehicle must be a six axle combination - three of four feel four inches.

axle truck tractor. (c) Operation limitations.-(ii) Gross vehicular weight must not exceed 96 900 (I) Except as provided in paragraph (2), a vehicle operating

pounds. under a pennit authorized under this section may be driven 24(iii) Maximum weight on steering axles shall be 11,000 hours a day, seven days a week.

pounds. (2) Movement under this paragraph is not authorized during(iv) Maximwn weight on the truck-tractor tandem (axles 8Ily of the following:

two 8Ild three) shall be 38,000 poWlds, with a maximum of (i) A holiday period specified in department regulations19.500 poWlds on either axle in the group. or in the pennit.

(v) Maximum weight on the semitrailer tridem (axles (til Inclement weather. as defined in department regula-four. five 8Ild six) shall be 47.700 poWlds. with a maximum tions.of 16,400 pounds on any axle in the group. (d) htterstate highways.-No permit may be issued for this type of

(vi> Minimum spacing between axle one 8Ild axle two movement upon 8Il interstate highway.shall be 12 feet. 11 inches. Section 13. Section 6114 ofTitle 75 is amended by adding a sub-

(vii) The center to center distance between the last drive section to read:axle of the truck tractor. axle three 8Ild the first axle of § 6114. Limitation on sale, publication 8Ild disclosure of records.semitrailer. axle 4, must be a minimum of 26 feel seven •••inches. (d) Additional reauiremcnt.-Notwithstanding any other provision-evtiil Minimum spacing between tandem and tridem ofthis section. in the case ofa driver Wlder 18 years of age. the depart-axles shall be four feel one inch. ment shall notify the parent or guardi8Il of the minor licensee. at the

No pennit may be issued for this type of movement upon an inter- address ofrecord of the minor. of8Ily convictions recorded against thestate highway. minor's recon:I. or any action to suspend or revoke the minor's operating(4) A permit may be denied or revoked in order to preserve the privilege. Failure of the person to receive the notice shall not preventsafety of highway users or to protect the structural integrity of the action taken by the department.highways or bridges or as otherwise authorized by department Amend Sec. 9, page 11, line 17, by striking out 9 and inserting: 14regulations. Amend Sec. 10, page 11, line 29, by striking out 10 and inserting:(b) Defmition.-As used in this section, the term raw milk shall 15

have the meaning given to it in the act of July 2, 1935 (P.L.589, Amend Bill, page 12, by inserting between lines 1 and 2:No.210), referred to as the Milk Sanitation Law. Section 16. (a) There is hereby established a task force on§ 4977. Permit for movement ofwooden structures. driver's education programs.

An amtual permit may be issued for the movement on highways of (b) The task force shall be comprised of 17 members as follows:certain wooden structures which exceed the maximum length, width (1) Four members comprised of the chairman and minorityand height specified in Subchapter B (relating to width, height and chairman of the Committee on Transportation of the Senate andlength), subject to the following conditions: the chairm8I18Ild minority chairman ofthe Committee on Trans-

(1) The overall width, including all appurtenances and over- portation of the House of Representatives or their designees.hangs, may not exceed 13 feet. (2) The Secretary of Transportation or his designee.

(2) The overall length may not exceed 90 feet. (3) The Secretary ofEducation or his designee.(2.1) The overall height may not exceed 13 feet 10 inches. (4) Four persons to be appointed one each by the President(3) The wooden structure or structures must be transported pro tempore ofthe Senate, the Speaker of the House ofRepresen-

on a tJailer designed solely for the transportation of such structures tatives, the Minority Leader ofthe Senate and the Minority Leaderand not used for the transportation of any other type of load. of the House ofRepresentatives.

(4) Movement under this section is limited to roof trusses. (5) The Department of Transportation shall appoint sevenwooden utility sheds, gazebos, garages and play equipment. individuals who represent diverse groups or organizations thatSection 12. Title 75 is amended by adding a section to read: have a direct interest in driver's education programs.

§ 4979.3. Permit for movement of float glass or flat glass for use in (c) The task force shall assess driver's education programs inconstruction and other end uses. order to meet the following objectives:

(a) General rule.-An 8IUlual permit may be issued authorizing the (l) Analyze professional licensing standards and continuingmovement on specified highways of float glass or flat glass for use in education requirements for driver's education instructors.cmstruction and other end uses which exceeds the maximum vehicle (2) Review the dri\Ws education curriculum and on-the-roadgross weight soecified in Subchapter C (relating to maximum weights experience, including residential, city, rural, open road, express-ofvehicles). way, night 8Ild inclement weather driving.

(b) Specifications.- (3) Examine the administration of the driver's education pro-(ll The weight of any vehicle pennitted under this section gram by the Department ofEducation and consider the advantages

may not exceed 99,500 pounds overall gross weighl shall be a five or disadvantages of transferring responsibility to the Departmentaxle combination - three axle truck tractor and shall have the fol- ofTr8Ilsportation.lowing maximum axle weight limits for all axles: (4) Conduct a cost-benefit analysis of establishing mandatory

Steering axles 9.000 poWlds driver's education requirements.Truck tractor tandem axles 44.000 poWlds (5) Analyze options for generating a dedicated source offund-

with a maximum of ing for the per-student fee for driver's education classes, including22.500 pounds on either 8Il increase in the current fee for a learner's permit.axle in the group (6) Consider any other issue raised in relation to the improve-

Semitrailer tandem axles 46.500 pounds ment ofdriver's education in public schools.with a maximum of (d) The expenses and costs associated with the task force shall be23,750 pounds on either the responsibility of the Department ofTransportation.axle in the group (e) The task force shall prepare a report with fmdings and recom-

(2) The spacing between axle 1 and axle 2 must be a mini- mendations to the Transportation Committee of the Senate and themum of 14 feet. Transportation Committee of the House ofRepresentatives to be sub-

(3) The center to center distance between the last drive axle mitted within 18 months of the effective date of this section.of the truck tractor. axle 3. and the first axle of the semitrailer. Amend Sec. 11, page 12, line 2, by striking out 11 and inserting:axle 4. must be a minimum of 31 feet. six inches. 17


Amend Sec. II, page 12, lines 3 through 5, by striking out all oflines 3 and 4 and (2) in line 5 and inserting: (I)

Amend Sec. II, page 12, by inserting between lines 7 and 8:(2) The amendment or addition of75 Pa.C.S. §§ 1503(c)(l) and

(2), 1943, 4581(a)(3), 4962,4968,4977 and 4979.3 shall take effectin 60 days.

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

The PRESIDING OFFICER The Chair recognizes the gentleman from Centre, Senator Corman.

Senator CORMAN. Mr. President, I rise to offer the amendment and move for its immediate adoption. The amendment isan agIeed-to amendment. I worked together with Senator Stout,the Democratic chainnan of the Committee on Transportation.

And the question recurring,Will the Senate agree to the amendment?It was agreed to.

On the question,Will the Senate agree to the bill on third consideration, as

amended?

JUBELIRER AMENDMENT Al799

Senator JUBELIRER offered the following amendment No.A1799:

Amend Sec. 3(Sec. 1505), page 7, line 20, by striking out six andinserting: four

Amend Sec. 3 (Sec. 1505), page 7, line 25, by striking out 50 andinserting: 40


The PRESIDING OFFICER The Chair recognizes the gentleman from Blair, Senator Jubelirer.

The PRESIDENT pro tempore. Mr. President, I would liketo explain the amendment.

Mr. President, it is not a complicated amendment. Theamendment changes the time from a 6-month waiting periodfrom the time a youthful driver gets a permit until that personcan take his or her driving test, and 40 hours of supervised instruction from a parent, guardian, or somebody over the age of18, instead of 50 hours.

Mr. President, I think it is frankly a matter of how this Senate wants to deal with this amendment. I think SenatorCorman's amendment made this a better bill. Now I think themost significant issue regarding juvenile driving is whether 6months is too long a period of time and whether 50 hours ofinstroction is more than should be required.

This frankly is patterned after the State of Maryland, whichhas 4 months and 40 hours of instroction. I know that peopleare split on what they really feel should be the adequate hoursof instruction and the number of months one has to wait. Mr.President, I believe this is a more realistic and fairer time period, particularly in, first ofall, the most rural State in the nation, Pennsylvania, where it is imperative that folks in the. rural

area, the young people, certainly should have adequate instruction time, but whether 6 months is too long, whether 50 hoursis too much, or whether the 6-month period is the right amountoftime. I am not going to sit here and pretend to tell you whatis right and what is wrong. I do know as I look over the otherStates, they are somewhat allover the lot. I know that manyStates do have the 6-month period, but those same States do nothave 50 hours of instruction. They do not have any instructionin many of those States.

I think you have to look at this as a package. I believe whenyoung people have jobs to get to to help support the family,when they are transporting their siblings to various activities,that 4 months is a significant change. That is four times asmuch as is required now with the 30-day period. And when youtake that four times as much to 4 months, and then add into thatthe 40 hours ofinstruction, which is not required today, frankly,Mr. President, I think that is reasonable and I think it is fair. Ithink it is a compromise from the 6 months and 50 hours, andI would hope that Pennsylvania would join in that regard andpattern itselfafter its sister State of Maryland.

I think it is a reasonable compromise and one that we havehad many discussions on, and it certainly is an issue that peopleare talking about. I frankly believe that if we pass the longerperiod of time I think it is going to bring us a harsher result andI do not believe that it is going to provide any safer driving forour young people, but rather just extend a period that I thinkcalls out for refonn.

I think this is a wonderful piece of legislation. I think weneed to deal with the issue, but I think we went too far, and Ithink this is somewhat of a compromise in that entire situation.

Thank you, Mr. President.The PRESIDING OFFICER The Chair recognizes the gen

tleman from Centre, Senator Corman.Senator CORMAN. Mr. President, I rise in opposition to the

amendment. Although I certainly understand why some Senators may be supportive of this to reduce it to 40 hours and 4months to be maybe what some people would call less punitive,I do not think this bill is punitive. And to be honest with you,the 6 months and 50 hours was not an arbitrary number that thedepartment and this legislation that was started over in theHouse ofRepresentatives came up with. These figures, 6 monthsand 50 hours, came from a year-long study commissioned by theGovernor and perfonned by PennDOT. Hearings were held inthe House of Representatives on this issue and the experts whocame and testified, and other States have gone into this graduated license, said that 6 months and 50 hours was the coursethat was needed to go to achieve the objective which we aretIying to achieve here, which is to get more experienced driverson the road. It was not an arbitrary figure. It was a figure thatafter a year's worth of study they felt would achieve a 25- percent reduction in these accidents that we are finding with ourteenage drivers. Today currently one out ofevery six teenagersis going to be involved in either a tragic accident or a majortraffic violation. And so after a year's worth of studies they cameto this 6 months and 50 hours' worth of training.

Let me give you some examples of some other States thathave followed this. OCtile 26 States that have adopted graduated


WHITE AMENDMENT AI771


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

And the question recurring,Will the Senate agree to the bill on third consideration, as

amended?

StoutTartaglioneThompsonTomlinsonWagnerWhiteWilliams

RobbinsTilghmanWaughWomiak

The PRESIDING OFFICER. The Chair recognizes the gentlewoman from Venango, Senator White.

Senator WHITE. Mr. President, I do not want to detract fromthe basic subject matter and seriousness of House Bill No. 10,which is to reduce young driver crashes and hopefully fatalities,but in committee this bill was amended to include a provisionthat says if a person has one of the half-dozen or so speciallicense plates, there would be an additional $10 per year fee tokeep that plate. I am not a fan ofspecial license plates, I will notvote to add any more, but after that amendment was passed, anumber of the Members received calls from constituents complaining that at the time they purchased a special license plate,they were informed that it was a one-time upfront fee to have

Senator WHITE offered the following amendment No.A177I:

Amend Sec. 7 (Sec. 1926.3), page 9, line 29, by striking out REGISTRATION PLATE and inserting: new registration plate issued afterOctober 1 1999

Amend Sec. 7 (Sec. 1926.3), page 10, lines 7 through 21, by striking out FOR in line 7 and all oflines 8 through 21

YEA-I9

Armstrong Hart LennnondBell Holl LoeperBoscol. Jubelirer MoweryEarll Kukovich O'PakeGreenleaf LaValle Punt

NAY-28

Delao Gerlach MurphyBodack Helfiick MustoBrightbill Hughes PiccolaConti Kasunic RhoadesConnan Kitchen SchwartzCosta Madigan SlocumDent Mellow Stapleton

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

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

year-old driver fatalities increased 12.8 percent in that sametimeframe. I think the availability of increased experience indriving for our young people will definitely reduce the loss ofyoung lives in Pennsylvania.

driver's licenses, 17 of them have gone to the 6-month waitingperiod, States such as California, Florida, Michigan, our neighboring States such as New Jersey, Ohio, and Virginia.

Now, ifyou look at these 6 months, it also provides anotherthing. Ifthey wait the 6 months, it provides the new driver withdriving in all sorts ofconditions, including winter, spring, probably fall, all different types, possibly in snow and rain. It givesthem an opportunity to experience different types of conditionson the road before actually getting that driver's license and being turned loose. Under present-day law, just I month. Youcould be driving in the summer, tum 16 in June, and in July youcould have your license and never have really experienced anytype ofwinter driving. You can be out by yourself in the winterand then experience something that you are not prepared for.

So, Mr. President, I again say I rise to oppose this amendment. Again, it was the experts who came up with thistimeframe of6 months and 50 hours. I think it is a good pieceofwork done by PennDOT and also by the House ofRepresentatives in the hearings which they held, and I urge a "no" vote onthis amendment.

Thank you.The PRESIDING OFFICER. The Chair recognizes the gen

tleman from Washington, Senator Stout.Senator STOUT. Mr. President, I rise to join Senator

Corman in opposing the amendment offered by SenatorJubelirer. There has been considerable work on this legislationand we do not want to forget the purpose. The purpose of thislegislation is to protect the lives ofyoung drivers in this Commonwealth from the tragic injuries and accidents that have happened because drivers do not have the proper experience in operating a vehicle. So the whole thrust ofthis legislation, whichwe have to keep in mind, is to protect the young drivers. And Ithink the 6-month period and 50 hours is the period oftime weneed, because drivers have to be able to be trained in all types ofdriving conditions, not only in daylight and perfect weather butduring night-time driving and periods of rain or inclementweather.

So I think we should oppose this amendment and get on withthe purpose ofthis legislation, which is to save lives and preventaa:idents and injuries in this Commonwealth and provide themwith an adequate period of time for their learning process andgetting the necessary experience to operate a vehicle safely onthe roads of this Commonwealth. I urge a "no" vote on thisamendment.

Thank you, Mr. President.The PRESIDING OFFICER. The Chair recognizes the gen

tleman from Bradford, Senator Madigan.Senator MADIGAN. Mr. President, I rise to oppose the

Jubelirer amendment. I think the thrust of our young driverlegislation is to increase the experience of our young drivers.They are driving more high-powered cars today and there is alot more traffic on our highways, and I believe the experiencethat a young person can achieve in that 6-month period and themandatory 50 hours ofdriving with an experienced driver willfeduce those accidents.

All we have to do is look at the statistics. In 1998 our highway fatalities decreased 5 percent from 1997. Our 16- and 17-


WAGNER AMENDMENT A1825

Senator WAGNER offered the following amendment No.A1825:

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


amended?

that plate. To alleviate those concerns, the proposed amendment would apply the new $10 fee only to plates issued afterOctober 1, 1999. In other words, any person electing to have aspeciallic:ense plate that benefits one of the charitable causes forwhich those plates are issued, such as the Flagship Niagara, orthe zoo, or the Wildlife Conservation Fund, in addition to theirfee for the plate upfront will have a $10 annual fee for renewal.That is the amendment, and I ask for its approval.

Thank you.The PRESIDING OFFICER The Chair recognizes the gen

tleman from Washington, Senator Stout.Senator STOUT. Mr. President, I rise to support the White

amendment. I think it is the right thing to do. When thatamendment was inserted in the bill several weeks ago, I predicted it would cause problems because when people originallysigned up for the special plates, it was a fixed fee of $35, ofwhich $20 went to the department and $15 went to the specialfund. Now with this amendment, those people will begrandf8thered in and they will not have the increase. Only thosepeople who request a special plate after October I of this yearwill have the additional $10 fee to it, so that is a fair way forprotecting previous special license plate holders and at the sametime in the future be able to raise additional funding for thespecial funds. So I wge the Senate to support the White amendment.

Thank you. Mr. President.


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

Amend Sec. 8. page 10. lines 22 and 23, by striking out all of saidlines and inserting

Section 8. Section 4581(a) and (b) of Title 75 are amended toread:

Amend Sec. 8 (Sec. 4581), page 10. line 26. by striking out all ofsaid line and inserting:

( I ) Any person who is operating a passenger car, Class Itruck, Class II truck, classic motor vehicle, antique motor vehicleor motor home and who transports a child \U1der four years ofageanywhere in the motor vehicle, including the cargo area, shallfasten such child securely in a child passenger restraint system, asdefmed in subsection (d). This subsection shall apply to all persons while they are operators ofmotor vehicles where a seatingposition is available which is equipped with a seat safety belt orother means to secure the systems or where the seating positionwas originally equipped with seat safety belts.

( I. I ) Except as provided in paragraph (I), each occupant\U1der 18 years of age in a passenger car. Class I truck. Class IItruck or motor home operated in this Commonwealth shall weara prooerly adjusted and fastened safety seat belt system. A conviction under this paragraph by State or local law enforcement agencies shall occur only as a secondary action when a driver ofa motor vehicle has been convicted ofany other provision of this title.

(2) Except for children \U1der four years ofage and except asprovided in paragraph (I ). each driver and front seat occupant ofa passenger car. Class I truck, Class II truck or motor home operated in this Commonwealth shall wear a properly adjusted andfastened safely seat belt system. A conviction Wider this paragraphby State or local law enforcement agencies shall occur only as asecondary action when a driver ofa motor vehicle has been convicted ofany other provision ofthis title. The driver ofa passengerautomobile shall secure or cause to be secured in a properly adjusted and fastened safety seat belt system any occupant in the[front seat] vehicle who is four years ofage or older and less than18 years ofage. This paragraph shall not apply to:

(i) A driver or [ftunt seat] occupant ofany vehicle manufactured before July I, 1966.

(ii) A driver or [front seat] occupant ofany vehicle whopossesses a written verification from a physician that he isunable to wear a safety seat belt system for physical or medical reasons, or from a psychiatrist or other specialist qualifiedto make an informed judgment that he is unable to wear asafety seat belt system for psychological reasons.

(iii) A rural letter carrier while operating any motor vehicle during the performance of his duties as a United Statespostal service rural letter carrier only between the first andlast delivery points.

(iv) A driver who makes frequent stops and is travelingless than 15 miles per hour for the pmpose of deliveringgoods or services while in the performance ofhis duties andonly between the first and last delivery points.

A violation ofthis paragraph shall not be subject to the assessmentofany points \U1der section 1535 (relating to schedule ofconvictions and points).Amend Sec. 8 (Sec. 4581). page II. lines I through IS, by striking

out all of said lines and inserting:(b) Offense.-

ill Anyone who fails to comply with the provisions of subsection (aXI) shall be guilty of a summary offense with a maximum fine of [525] ~. The court imposing and collecting anysuch fines shall transfer the fmes thus collected to the State Treasurer for deposit in the Child Passenger Restraint F\U1d, pursuantto section 4582 (relating to Child Passenger Restraint F\U1d).

(2) Anyone who violates subsection (aX..}) commits a summary offense and shan upon conviction. be sentenced to pay a fmeof 550. Anyone who violates subsection (aX2) or (3) commits asmnInaIY offense and shall, upon conviction. be sentenced to paya fme of[510] m.

m No [persons] pg§Qll shall be convicted of a violation ofsubsection (aXlJ.1 (2) or (3) unless the person is also convictedofanother violation of this title which occurred at the same time.

SchwartzStapletonStoutThompsonTilglunanTomlinsonWagnerWaughWhiteWilliamsWozniak

NAY-3

YEA-44

LoeperMadiganMellowMoweryMurphyMustoO'PakePiccolaPuntRhoadesRobbins

TartaglioneSlocum

GreenleafHartHelfrickHollHughesJubelirerKamnicKitchenKukovichlaValleLermnond

Belan

ArmstrongBellBodackBoscolaBrightbillContiConnanCostaDentEarllGcrladt

http://dialluponconviction.be


No costs as described in 42 Pa.C.S. § 1725.1 (relating to costs) shallbe imposed for summary conviction of subsection (aX2).

~ Conviction 1Ulder this subsection shall not constitute amoving violation.


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

Senator WAGNER. Mr. President, in the package ofamendments that the Senators have here today, I have two amendments. Amendment A1825 is the lesser of the two as it relatesto seatbelt use in automobiles. Mr. President, what this amendment suggests to do is to make it a secondary violation.

Mr. President, what this amendment does, it does a numberofvery basic things, one ofwhich was originally intended underthe seatbelt legislation or shortly thereafter when an amendmentwas made to the original legislation passed by the General Assembly in the mid-1980s. This amendment does two things. Itincreases the fine if a child from birth up until the age of 4 isnot in a child safety restraint seat in an automobile from $25 to$50. And second, and probably the more important piece of thisamendment, Mr. President, is that each occupant under 18 yearsold must have a seathelt on or the driver can he fined for a secondary, and I repeat, a secondary offense of $50, not a primaryoffense. In other words, it is consistent with existing law that inorder to be fined for not wearing a seathelt, other than the childsafety restraint, which is a primary offense, in order to be finedfor not wearing a seathelt under the age of 18, a driver wouldhave to be pulled over for another offense. This would be a secondary offense.

Mr. President, I think the question asked by my colleagues iswhy is this amendment necessary? Well, presently, Mr. President, if a police officer pulls over a driver for speeding, andthere is a child of the age of 4, older than the child safety resttaint mandate on the books today, sitting in the back seat without a safety belt on from the age of 4 through 17, as this amendment would propose, if they do not have a safety restraint belton, they oould be fined. And the reason why this is so importantis that police officers have told me repeatedly that children areriding in cars at the ages of 4, 5, 6 and 7 who are not usingseatbelts, and the drivers of those cars are not mandating the useof those seatbelts. And, Mr. President, quite frankly, it is one ofthe reasons why the fatalities and the serious injuries withyoung people in automobiles are increasing and have increasedfor the last 5 years in the Commonwealth of Pennsylvania. Thiswas missed in the original legislation, and I ask my colleaguesto please consider it.

I would summarize by saying again, we are not creating aprimaJy offense. This is a secondary oft'ense, and it pertains onlyto those under the age of 18.


tleman from Westmoreland, Senator Kukovich.Senator KUKOVICH. Mr. President, I believe that the maker

of the amendment has some merit, but I am concerned about the

final tally on this vote. I would like to ask one question andwould request that Senator Brightbill stand for interrogation.

The PRESIDING OFFICER Will Senator Brightbill consentto interrogation?

Senator BRIGHTBILL. I will, Mr. President.The PRESIDING OFFICER. Senator Kukovich, you may

proceed.Senator KUKOVICH. Mr. President, for the record, what is

the likelihood of another opportunity for Senator Wagner tohave this language, maybe with some modifications to it, offeredat a later date? In essence, will there be some other Title 75 billsthat would be germane to his amendment in the near future ofthis Session?

Senator BRIGHTBILL. Mr. President, I think a fair answerto the gentleman's question is that it is very unlikely that wewould not have a Title 75 bill during the remainder of the Session, and I have talked to Senator Madigan, who is chairman ofthe committee, and he feels that it very appropriately would beconsidered in that committee. I expect that there will be othervehicles that come along, and that that would be the appropriateroute to take.

Senator KUKOVICH. Thank you, Mr. President.I am wondering if the maker of the amendment, based on

that colloquy, is willing to withdraw the amendment, or does hestill want to offer it?

The PRESIDING OFFICER. Senator Kukovich, are you requesting interrogation of Senator Wagner?

Senator KUKOVICH. Yes, I am, Mr. President.The PRESIDING OFFICER. Will the gentleman consent to

interrogation?Senator WAGNER. Yes, Mr. President.The PRESIDING OFFICER. The gentleman agrees to inter

rogation. Senator Kukovich, you may proceed.Senator KUKOVICH. Mr. President, I will restate the ques

tion. From the discussion we had, it seems to me that there is acommitment to another vehicle, and it might be easier underthose circumstances and maybe with some change in the language, especially on mitigation language, that this amendmentcould pass at a future time. I am asking the maker ofthe amendment ifhe wants to risk offering it later and withdraw it today.

Senator WAGNER. Mr. President, first off, I feel very passionately about this issue, and I know some people have a concern about the issue as it relates to the legality and the mitigating issue that the Senator mentions. I do not think that pertainshere. However, my intent is to get this into a bill, a VehicleCode bill, sometime soon. And if there is some kind ofcommitment that this could be done with another piece of legislation,I would certainly withdraw the amendment.

The PRESIDING OFFICER. The Chair recognizes the gentleman from Westmoreland, Senator Kukovich.

Senator KUKOVICH. Mr. President, now I feel like an intermediary.

Perhaps another question to Senator Brightbill. Based on themaker ofthe amendment's statement, is there a commitment towork with him to try to get this language with some possiblechanges into a future bill?


11

Senator BRIGHfBRL. Mr. President, the response would bethat we do believe there will be opportunities for this discussion.

Senator KUKOVICH. Mr. President, I am assuming that thatis in consultation with Senator Madigan, the chainnan of theCommittee on Transportation?

Senator BRIGHTBILL. Mr. President, that is correct.Senator KUKOVICH. Mr. President, thank you.The PRESIDING OFFICER. Has Senator Kukovich con

cluded his interrogation?Senator KUKOVICH. Yes, Mr. President. I have.

AMENDMENT WITHDRAWN

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

Senator WAGNER. Mr. President, based on the comments,and knowing that there is a genuine intent to get this amendment into another bill, I withdraw my amendment.

The PRESIDING OFFICER. The Chair thanks the gentleman. The amendment offered by Senator Wagner is withdrawn.


amended?

O'PAKE AMENDMENT Al751

Senate O'PAKE offered the following amendment No.A1751:

Amend Title, page 1. line 6. by inserting after PROVIDING: forperiods for requiring lighted lamps and

Amend Bill, page 10, by inserting between lines 21 and 22:Section 8. Section 4302 ofTitle 7S is amended to read:

§ 4302. Periods for requiring lighted lamps.(a) General rule.-The operator ofa vehicle upon a highway shall

display the lighted head lamps and other lamps and illuminating devices required under this chapter for different classes of vehicles, subject to exceptions with respect to parked vehicles, at the followingtimes:

(1) Between SlUlSet and sunrise.(2) Any time when, due to insufficient light or unfavorable

atmospheric conditions, including rain, snow, sleet, hail, fog,smoke or smog, persons and. vehicles on the highway are notclearly discernible to the operator for a distance of 1,000 feetahead.

(3) Whenever the windshield wipers are being operated.(b) Signallights.-Stop lights, tum signals and other signaling

devices shall be lighted as prescribed in this title.Amend Sec. 8, page 10, line 22, by striking out 8 and inserting: 9Amend Sec. 9, page 11, line 17, by striking out 9 and inserting: 10Amend Sec. 10, page 11, line 29, by striking out 10 and inserting:

Amend Sec. 11, page 12, line 2, by striking out II and inserting:12


The PRESIDING OFFICER. The Chair recognizes the gentleman from Lebanon, Senator Brightbill.

Senator BRIGHTBILL. Mr. President, would the gentlemanexplain the amendment.

Senator O'PAKE. Mr. President, very briefly, all the amendment does is say that you would have to have your automobilelights on when the windshield wipers are operating. It is verysimple. We have gotten a lot of complaints in the district,mostly from those who are concerned about insurance~ that thelaw is simply too confusing as to when you have to have lightson. It talks about clear vision ahead and how many feet. All thissays is that if the weather is bad enough that you have to haveyour windshield wipers operating, you should also have to haveyour automobile front lights on.

Senator BRIGHTBILL. Mr. President, I look at this amendment and we really did not have a chance to discuss it in caucus.The only observation I have is that it has an impact both interms ofcitations that can be given to the motorist by the policeofficer but also in terms of potential civil liability and recoveryofdamages, and I was wondering whether the gentleman wouldbe kind enough to withdraw his amendment so that we couldlook further into those issues.

Senator O'PAKE. Mr. President, what is the issue that thegentleman wants to look into?

Senator BRIGHTBILL. Mr. President, when we reference therequirement that you have your lights on in a rainstorm, whatthat then does is it begins to shift the rules and responsibilitiesin a civil action as a result of an automobile accident. Andwhenever we get into this area, this becomes a matter that theMembers like to take a close look at, and I respectfully ask thegentleman whether he would consider withdrawing this amendment so that we would have a chance to look at this and see howthis impacts upon those rules.

Senator O'PAKE. Mr. President, I am not so sure that thereis anything we can put in the statutes that will speak to admissibility in evidence. That is something that courts have to decide,as they have decided all along, so I really do not know what, Iknow the gentleman is acting in good faith, but I do not knowhow we could clarify the implications of this in litigation.

Senator BRIGHTBILL. Mr. President, I note for the Members that there is language in the current scatbelt law that makesit very clear that whether or not one has a scatbelt on does notchange those rights and responsibilities. And so what legalcounsel is telling me here is that there is a real possibility, morethan a possibility, a likelihood that this will change the rules,and I suggest again and respectfully ask that we withdraw thisamendment until we study what the outcome will be in terms ofcivil liability.

Senator O'PAKE. Mr. President, is the requester saying thatwe will deal with this in another Title 75 bill and consider it atthat point?

Senator BRIGHTBll..L. Mr. President, Senator Madigan,chairman of the committee, has indicated that he would behappy to take a look at this and study it, along with the otherissues that have been raised.

Senator O'PAKE. Well, Mr. President, I do not think thatsounds very much like a commitment. I would prefer to run theamendment and let people vote it up or down. All this does,under the present Vehicle Code, it says that the operator of thevehicle shall display the lighted headlamps and other lamps at


the following times: "(1) Between sunset and sunrise. (2) Anytime when, due to insufficient light or unfavorable atmosphericconditions, including rain, snow, sleet, hail, fog, smoke orsmog, persons and vehicles on the highway are not clearly discermble to the opemtor for a distance of 1,000 feet ahead." Andnow we propose to add "(3) Whenever the windshield wipers arebeing operated." And I do not know, whatever applies with rolesof evidence with regard to (I) and (2) would also apply to (3),and I think we ought to give the motorists ofPennsylvania a fairshot at whether this is voted up or down.

The PRESIDING OFFICER. The Chair recognizes the gentleman from Cambria, Senator Wozniak.

Senator WOZNIAK. Mr. President, I am very familiar withthis issue because that was my language which the gentlemanjust read, and I am supportive of this. We are worried about thepolice and the heavy-handedness and that they are going to pullsomebody over for having their windshield wipers on withouttheir lights on, but I think probably the truth of the matter is weare trying to be pragmatic here and practical. We are trying toget people to put their headlights on when visibility is poor. Notso much that they can see, but so somebody can see them. Ithink since we have enacted the original legislation dealing withthe fog, smog, precipitation, snow, et cetera, there is probablynot. one person in Pennsylvania who has been fined because theydid not have their lights on in inclement weather.

We are not here to by to punish people for not putting headlights on. We are tJying to enooura.ge. And the windshield wiperconcept is a trigger mechanism that they know that when thewindshield wipers are on, you know what? I am supposed to putmy headlights on, too. I am not so much worried that the policeare going to fine people, I am not so much worried that somehow we are going to invade the privacy of an individual. Byhaving this particular amendment passed, we are creating almost a trigger mechanism, when it is foggy because you get miston the windshield, and other times when you would not otherwise think ofputting the lights on when they should be on. Thisis an appropriate situation, and I think we should put this intothe language.

Thank you very much.The PRESIDING OFFICER. The Chair recognizes the gen

tleman from Centre, Senator Corman.Senator CORMAN. Mr. President, I rise in opposition to the

amendment. Although the amendment as it appears by itself isnot. overly controversial, our goal is to keep this very importantlegislation of graduated driver's license as clean as possible sowe can get this very important legislation through and get aboutthe business of saving some lives of our young drivers. Andalthough this is not overly controversial, we do have some questions about it and we do not want to put something on this billthat could cause trouble down the line, so I urge a "no" vote ofmy colleagues.

Thank you.The PRESIDING OFFICER The Chair recognizes the gen

tleman from Schuylkill, Senator Rhoades.Senator RHOADES. Mr. President, will the maker of the

amendment submit to brief interrogation.

The PRESIDING OFFICER. Will Senator O'Pake consent tointerrogation?

Senator O'PAKE. Mr. President, I will.The PRESIDING OFFICER. The gentleman indicates he will

submit to interrogation. Senator Rhoades, you may proceed.Senator RHOADES. Mr. President, reading the amendment

it says, "Whenever the windshield wipers are being operated."Are there are any exceptions to this that I do not see that areinherent in this statement? I mean it simply says, "Wheneverthe windshield wipers are being operated."

Senator O'PAKE. Well, Mr. President, the language speaksfor itself, but of course anybody would apply it with commonsense. It would have to be out on the highway, not somethingwhere you are cleaning your windshield in the safety of yourgarage.

Senator RHOADES. Mr. President, okay, if I am on thehighway and I am washing my windows, do the lights have tobe on? I mean, by this I would say in a direct statement, yes.

Senator O'PAKE. Mr. President, when the gentleman is driving?

Senator RHOADES. Yes, Mr. President.Senator O'PAKE. Mr. President, if the gentleman is driving

and his windshield wipers are being operated, his lights wouldhave to be on.

Senator RHOADES. Mr. President, if I have my wipers onvariable speed, how do I put them on? Do I wait until it turns toput them on, or do I put them on all the time?

Senator O'PAKE. Mr. President, however the gentleman putsthem on.

Senator RHOADES. Mr. President, does the gentleman meanI wait for the variable to turn them on and then when it stops Ican turn them oft? I mean, we are getting a little bit to the pointofbeyond I understand the intent, but I think somewhere alongthe line it needs some development here to be understood fromthe standpoint ofbeing operated. Whenever I clean them I haveto put them on when I am on the road, whenever it is drizzlingI have to put them on. IfI put them on variable, whatever speedI would have them on, I have to put the lights on, and it couldbe a bright sunny day with a sunshower, and I still have to putthem on.

So I am trying to make some sense out of this so I can knowexactly when and where I would be held liable for a violation ofthe law with those exceptions. My question is, are there exceptions in here, or am I going to be held to the letter of the lawthat says they have to be on whenever my wipers are on?

Senator O'PAKE. Mr. President, the law is the law, and ofcourse the application would depend on the circumstances ofthelaw enforcement official. I should point out, Mr. President, aswe are all aware, most new vehicles now have the lights on allthe time, in daylight, whether the windshield wipers are operating or not. This bas been urged by people in my district as alifesaving device. There are people in the field who from experience say that ifwe are talking about saving lives and ifwe areinterested in highway safety, the least we can do is make it verysimple: When it is bad enough that you need windshield wipersto be operated, it is bad enough to put those car beams on.


LEGISLATIVE LEAVE

O'PAKE AMENDMENT A1809

Senator O'PAKE offered the following amendment No.A1809:

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

TartaglioneTilghmanWagnerWilIilUJlSWomiak

RobbinsSlocumThompsonTomlinsonWaughWhite

MadiganMoweJ'YMurphyPiccolaPuntRhoades

MellowMustoO'PakeSchwartzStapletonStout

NAY-24

YEA-23

HelfrickHughesKasunicKitchenKukovichlaValle

GreenleafHartHollJubelirerLenunondLoeper

ArmstrongBrightbillContiConnanEarllGerlach

BelanBellBodackBoscolacostaDent

The PRESIDING OFFICER The Chair recognizes the gentleman from Lebanon, Senator Brightbill.

SenatorBRIGHfBll..L. Mr. President, I ask for a temporaryCapitol leave for Senator Jubelirer.

The PRESIDING OFFICER Senator Brightbill requests atemporary Capitol leave for Senator Jubelirer. Without objection, those leaves are granted.


The yeas and nays were required by Senator O'PAKE andwere as follows, viz:

Amend Title, page I, line 3, by inserting after permits: , for suspension of operating privilege

Amend Sec. 4, page 7, line 28, by striking out all of said line andinserting:

Section 4. Sections I532(c) and I533(e) ofTitle 75 are amendedto read:§ 1532. Suspension of operating privilege.

•••


amended?

(c) Suspension.-The department sbal1 suspend the operating privilege of any person upon receiving a certified record of the person'sconviction ofany offense involving the possession, sale, delivery, offering for sale, holding for sale or giving away ofany controlled substanceunder the laws ofthe United States, this Commonwealth or any otherstate. or Wider 18 fa.C.s. § 2706 (relating to terroristic threats>.

(I) The period of suspension shall be as follows:

lights should be on. I do not know what is so hard to understandabout that, and I would respectfully ask for an affirmative votefor the safety ofthe motoring public in Pennsylvania If it savesone life, it is worth it.


Senator BRlGHIBllL. Mr. President, I understand the gentleman's intent, and perhaps with what he is tJying to accomplish it should read simply that the operator of a vehicle upon ahighway shall display the lighted headlamps and other lampswhenever, and then it would be on day or night, all the time,just like modem vehicles and then we do not have to worryabout discretion.

My concern here is, and Senator Rhoades raises an excellentpoint, that paragraph two, existing law says, "Any time when,due to imufticient light or unfavorable atmospheric conditions,including rain, snow, sleet, hail, fog, smoke or smog, personsand vehicles on the highway are not clearly discernible to theoperator for a distance of 1,000 feet ahead." Now that is atwo-way rule. If they are not discernible to you for 1,000 feet,they are not discernible to the other person for 1,000 feet, andthen we have tried to adopt what really is a commonsense ruleof tum on your headlights. Ifwe are going to take the next step,let us do it with deliberation and simply say whenever. But allthis does is actually make what is current law a little less clearbecause it sounds, when you read this, like exactly as SenatorRhoades says, you ought to hook your windshield wipers andyour lights together so when you tum on the windshield wipers,your lights go on. It really does not accomplish anything, and Iurge a negative vote.

The PRESIDING OFFICER The Chair recognizes the gentleman from Bradford, Senator Madigan.

Senator MADIGAN. Mr. President, as chairman of the Committee on Transportation, we had one meeting in which webrought out about eight bills. We have a lot of legislation to lookat. There will be plenty of opportunities I would assumethroughout the remainder of this Session, or early in the first ofthe 2-year Session. I certainly will look at this and the otherproposed amendments in concert with other legislation thatcomes before our committee.

I think the questions raised on a number of these demandsthat the committee process work, that we take a look at it, address some ofthe legal problems, and make it legislation that ismeaningful. I concur with the concept, but 1 think we need to doit in the realm of our committee, and I ask for a negative votebased on that position.


tleman from Berks, Senator O'Pake.Senator O'PAKE. Mr. President, I appreciate the chairman's

comments. They would also be equally relevant to all of theother amendments that we have put in here today, but I havebeen here long enough and I understand that when there is avehicle available and if there is a bill that you have not beenable to get out ofcommittee, this is the time for dialogue. Thisis a very simple safety measure. There is certainly no harm. Itis not very complicated. You do not have to get into whether ornot something was clearly discernible for a distance of 1,000feet. That can be very subjective. All we are saying is, let usmake it simple, let us try to save lives, add a very simple provision that whenever windshield wipers are being operated, the


(i) For a rust offense, a period of six months from thedate ofthe suspension.

(ii) For a second offense, a period of one year from thedate of the suspension.

(iii) For a third and any subsequent offense thereafter, aperiod of two years from the date of the suspension. . .(2) For the purposes of this subsection, the tenn conVIction

shall include any conviction or adjudication of delinquency for anyof the offenses listed in paragraph (I), whether in this Commonwealth or any other Federal or state court.•••


The PRESIDING OFFICER. The Chair recognizes the gentleman from Berks, Senator O'Pake.

Senator O'PAKE. Mr. President, one of the reasons we areconsidering House Bill No. lOis the fact that the teen years area time when emotional and physical maturity are often at different and conflicting levels. Our young people often need to bereminded of their limits. They need clear signs of what is acceptable and safe behavior and what is beyond the pale. This isthe role of the adults in their lives, whether it is their parents athome or the leaders in their community, and it is our role in theGeneral Assembly as well.

This amendment addresses the unfortunately recently fashionable offering of terroristic threats or bomb scares by schoolchildren, juveniles, throughout Pennsylvania. To date, I knowthat in my district there have been 12 youngsters already arrested for reckless, terroristic bomb threats that have closedschools and caused evacuations in numerous school districts inBerks County since the tragedy in Colorado. These numbersprobably reflect what has gone on in other nearby counties andin communities across the State during the past week and a half.These are not pranks. Pranks do not cause children to be afraidto go to school, and that is what is happening to many childrenin Pennsylvania. Pranks do not cause communities to spendthousands and thousands of dollars to assure that their childrenare safe and secure in school, and that is what has been happening in Pennsylvania. Pranks do not divert police and emergencypersonnel from their duties and jobs and cost hundreds of thousands ofdollars to the taxpayers, and that is what is happeningin Pennsylvania.

No doubt, Mr. President, thoughtlessness was somewhatinvolved and as much involved as a more malicious intent insome cases, but such dismptions, turmoil, and anxiety cannot beexaJSed with a slap on the wrist in a juvenile court proceeding.We must make sure that our children understand that. Thisamendment offers a very clear and not permanently scarringsanction. It simply states that ifsomeone is adjudicated, and thatincludes juvenile court proceedings, ofhaving committed the actofa terroristic threat forcing the evacuation of a school building,his or her driver's license will be suspended for 6 months, andfor subsequent acts, a year. This is a deterrent that young peoplecan understand. They know that if they are hauled into juvenilecourt on the first offense, they are going to be reprimanded andadmonished not to do it again. If they think they are going tolose that precious privilege to drive, they may think twice before

caIling in that bomb threat. I think it is a reasonable step. It isunfortunately a necessary one at this time, and I hope that mycolleagues on both sides of the aisle would support it.

The PRESIDING OFFICER. The Chair recognizes the gentleman from Schuylkill, Senator Rhoades.

Senator RHOADES. Mr. President, I am at the point whereI do not really want to rise to oppose because I think there issome sense and some merit in what Senator O'Pake has recommended, but I am at the point where I am not ready to fullyadopt his recommendation.

Today out of the Committee on Education we unanimouslyapproved senate Bill No. 934, which deals with terroristic threatpolicy, requiring every school district to develop a policy and togo through the explanation of behaviors that constituteterroristic threats, the evacuation procedures in the event ofterroristic threats, the disciplinary procedures for students whoengage in terroristic threats, and the means to anonymouslyreport terroristic threats. We also lock into that policy penaltiesfor terroristic threats, which says that all school entities will berequired to expel, suspend, or place students who engage interroristic threats in alternative education programs. Also werequire this as a mandatory reporting to law enforcement andgive a definition of terroristic threats as one who terrorizes another person or with the intent to cause the evacuation of aschool building.

Now that said, I could say that for someone who is under 18,what Senator O'Pake is recommending has merit in it. But I amalso to the point of, shall we say, looking at degrees of terrorism. An example is, and this appeared in one ofour local newspapers, "Schuylkill County makes statement on school madness." What it came down to is we had someone who called ina bomb scare to a junior high school and said there was a bombin one of the schools in our county that would go off at 9o'clock. The entire county had to react to that. Three schoolswere closed for the day and the other 9 schools, actually withthe private schools it was 12 schools, went on a long fire drill,as far as it goes. Now, they did end up catching that person andone other person, and I think that the essence ofwhat I am trying to say is when our judiciary or, shall we say, our lawenforcement came down and our magistrate took the case, here iswhat the paper said: "The police filed a bevy of charges againstthe suspects. One faces 198 counts, which could lead to 1,782years in jail and fines of $2.64 million. He is being held on$250,000 cash bail. The other suspect also faces a bevy ofchaIges and was sent to prison as well in lieu of$125,000 bail."

Now the diJference in age, this is for 18-year-olds. For someone under 18 we begin to say we will take their license away for6 or 12 months. I have a tendency to think that we need at thistime to let this bill begin to take force, that we begin to talk tojuvenile courts, law enforcement, educators, and begin to seewhat types of penalties we should build in to discipline thosewho cannot discipline themselves.

I hesitantly must ask that at this particular point we defeatthis amendment so that we have ample time to be able to lookat what I consider to be the proper penalty for the proper offenseso the message gets across. I think if I were to say to someone16 years old, you saw what happened to these 18-year-olds, we


are now going to drop it down and treat you as adults and havethis apply to you, that may also get the message across, whichis what is all-important in this particular case.

Thank you, Mr. President.The PRESIDING OFFICER The Chair recognizes the gen

tleman from Lebanon, Senator Brightbill.Senator BRIGHTBILL. Would the gentleman from Berks

who offered the amendment stand for interrogation?The PRESIDING OFFICER Will the gentleman from Berks,

Senator O'Pake, stand for interrogation?The gentleman indicates that he will stand for interrogation.

The gentleman, Senator Brightbill, is in order and may proceed.Senator BRIGHTBILL. Mr. President, does the gentleman

have before him a copy ofamendment AI 809?Senator O'PAKE. Mr. President, yes.Senator BRIGHIBn.L. Mr. President, to give the gentleman

a hypothetical question, if two young people make a terroristicthreat together, one of whom is 17 years of age and one ofwhom is 18 years ofage, what will be the punishment under thisamendment for each of those two individuals?

Senator O'PAKE. Mr. President, the person who is 17, whois not subject to the Crimes Code, would lose his driver's privileges for 6 months. The person who is 18, in addition to thesanctions existing under present law under the Crimes Code,would also lose his license for 6 months on the first offense.

Senator BRIGHTBILL. Mr. President, so the gentlemanwould indicate that the young person who is 17 years of agewould lose his license for 6 months, but the young person whois 18 years ofage would not lose his license?

Senator O'PAKE. Mr. President, that is not what I said.Senator BRIGHIBILL. Mr. President, well, perhaps the gen

tleman could read the language and give us another answer.Senator O'PAKE. Mr. President, there is no other answer. In

addition to whatever Crimes Code sentencing would be imposedupon the adult offender, he would also lose his license for 6months. This is in addition to any other punishment that couldbe meted out under existing law, or whatever proposals thatSenator Rhoades has released from his committee today, forwhich I commend him, and I am a cosponsor of most of those.

The time is now to deal with this. We have waited formonths and months. Last year the Senate of Pennsylvania received a package from the House ofRepresentatives that wouldhave dealt with safer schools. It never got considered in theSenate ofPennsylvania, and now we are in a very, very unfortunate situation where we cannot keep saying we will dialogue onthis at another time. Now is the time. And to the juvenile offender, and some of these are 15-, 16-, 17-year-olds, he understands if he is not going to be able to drive for 6 months. Hemay not care about being suspended from school. That could bea vacation. He may not care about going to an alternative schoolwhere he gets more specialized treatment. You tell him you aregoing to take away his driver's license, and he may think twiceabout calling in a bomb scare. That is all we are talking about.It is very simple.

Senator BRIGHTBILL. Mr. President, I thought I heard thegentleman indicate that anyone under the age of 18 would notbe subject to the Crimes Code.

Senator O'PAKE. Mr. President, I think I understand thegentleman's misconception. Under 18 is referring to Pennsylvania Code, section 2706 of Title 18.

Senator BRIGHTBILL. Mr. President, I understand that.Senator O'PAKE. Mr. President, it has nothing to do with the

chronological age of 18.Senator BRiGHIBn.L. Mr. President, I understand that, but

the question is, the individual who is under the age of 18, as Iunderstood the gentleman, is not subject to the Crimes Code.

Senator O'PAKE. Mr. President, it depends upon the offensefor which he is being tried. But whatever that is, in addition towhatever sanctions the law now imposes, which apparently arenot working, bomb threats are going on, schools are being evacuated, hundreds of thousands of dollars are being spent by thetaxpayers that should be spent for education, they are still doingit, no matter what the law is. Let us try another approach. Let ushit them where it hurts, and that is their ability to drive a vehicle for 6 months. Maybe they will listen to that.

Senator BRIGHTBILL. Mr. President, may we be at ease?The PRESIDING OFFICER The Senate will be at ease.(The Senate was at ease.)

And the question recurring,Will the Senate agree to the amendment?It was agreed to.


amended?

RECONSIDERATION OF AMENDMENT AI77I


Senator BRIGHTBILL. Mr. President, I move that the voteby which the Senate adopted amendment AI771 offered by Senator White be reconsidered.

The motion was agreed to.


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

YEA-45

Armstrong Hart Mellow StoutBell Helfiick Mowery ThompsonBodack Holl Murphy TilglunanBoscola Hughes Musto TomlinsonBrightbill Jubelirer O'Pake WagnerConti Kasunic Piccola WaughCorman Kitchen Punt WhiteCosta Kukovich Rhoades WilliamsDent laValle Robbins WomiakEarll Lenunond SchwartzGerlach Loeper SlocumGreenleaf Madigan Stapleton

1999

Belin Tartaglione

NAY-2

LEGISLATIVE JOURNAL - SENATE


483

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

Without objection, the bill, as amended, was passed over inits order at the request of Senator BRIGHTBILL.

BILLS LAID ON THE TABLE

HB 1008 (pr. No. 1116) -- The Senate proceeded to consideration of the bill, entitled:

An Act making an appropriation from the State Employees' Retirement Fund to provide for expenses of the State Employees' RetirementBoard for the fiscal year July I, 1999, to JWle 30, 2000, and for thepayment of bills incurred and remaining Wlpaid at the close of thefiscal year ending JWle 30, 1999.

Upon motion of Senator BRIGHTBILL, and agreed to, thebill was laid on the table.

HB 1009 (pr. No. 1117) - The Senate proceeded to consideration ofthe bill, entitled:

An Act making an appropriation from the Public School Employees' Retirement FWld to provide for expenses of the Public SchoolEmployees' Retirement Board for the fiscal year July I, 1999, to JWle30,2000, and for the payment ofbills incurred and remaining Wlpaidat the close of the fiscal year ending JWle 30, 1999.


HB 1010 (Pre No. 1371) - The Senate proceeded to consideration of the bill, entitled:

An Act making appropriations from the Professional LicensureAugmentation Account and from restricted revenue 8CCOWlts within theGeneral Food to the Department of State for use by the Bureau ofProfessional and Occupational Affairs in support of the professionallicensure boards assigned thereto.


BILL ON 1lIIRD CONSIDERATIONAND FINAL PASSAGE

SB 194 (pr. No. 818) -- The Senate proceeded to consideration of the bill, entitled:

An Act amending the act of JWle 26, 1931 (P.L. 1379, No.348),entitled, as amended, Third Class COWlty Assessment Board Law,providing for applicability ofexemptions upon certain interim assessments.

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

required by the Constitution,


YEA-47

Annstroog Greenleaf Madigan StapletonBelin Hart Mellow StoutBell Helfiick Mowery TartaglioneBodack Hall Murphy ThompsonBoscola Hughes Musto TilghmanBrightbill Jubelirer O'Pake TomlinsonConti Kasunic PiCQOla WagnerCorman Kitchen Punt WaughCosta Kukovich Rhoades WhiteDent LaValle Robbins WilliamsEarll Lenunond Schwartz WomiakGerlach Loeper Slocum

NAY-o

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

Ordered, That the Secretary of the Senate present said bill tothe House ofRepresentatives for concurrence.

BILLS OVER IN ORDER

SB 360 and SB 798 - Without objection, the bills werepassed over in their order at the request of SenatorBRIGHTBILL.

BILL LAID ON THE TABLE

DB 1023 (Pre No. 1131) - The Senate proceeded to consideration of the bill, entitled:

An Act providing for the capital budget for the fiscal year 19992000.

Upon motion of Senator BRIGHlBILL, and agreed to, thebill was laid on the table.

SECOND CONSIDERATION CALENDAR

BILLS ON SECOND CONSIDERATION

DB ~8 (pr. No. 1447) -- The Senate proceeded to consideration of the bill, entitled:

An Act amending Title 42 (Judiciary and Judicial Procedure) ofthe Pennsylvania Consolidated Statutes, further providing for otheroffenses.

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

ation.

DB 102 (pr. No. 84) - The Senate proceeded to consideration of the bill, entitled:


An Act amending the act ofJune 9, 1997 (P.L.169, No. 14), knownas the Nurse Aide Resident Abuse Prevention Training Act, furtherproviding for infonnation relating to applicants for enrollment inState-approved nurse aide training programs.


ation.

BILL OVER IN ORDER

HB 124 - Without objection, the bill was passed over in itsorder at the request of Senator BRIGHTBILL.

BILLS ON SECOND CONSIDERATION

SB 456 (pr. No. 467) - The Senate proceeded to consideration of the bill, entitled:

An Act amending TItle 30 (Fish) ofthe Pennsylvania ConsolidatedStatutes, further providing for the qualifications and appointment ofdeputy waterways conservation officers; authorizing certain cooperativeagreements~ further providing for changes in grading of certain offenses, for increased fines for certain convictions, for violations ofregulations and permits, for acknowledgment of guilt, for dispositionof nonresident offenders and for issuing agents~ prohibiting the salesofcertain fish, reptiles and amphibians~ and further providing for thegrading ofand penalties for violations relating to boating registration,identification, issuing agents and accident reports.


ation.


An Act amending Title 34 (Game) of the Pennsylvania Consolidated Statutes, further providing for controlled goose hunting areas.


ation.

BILL OVER IN ORDER

SB 813 - Without objection, the bill was passed over in itsorder at the request of Senator BRIGHTBILL.

BILL ON SECOND CONSIDERATION


An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, further providing for purchase, conswnption, possession or transportation ofliquor or malt or brewed beveragesby minors.

Considered the second time and agreed to,

Ordered, To be printed on the Calendar for third consideration.

EXECUTIVE NOMINATIONS

EXECUTIVE SESSION

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

for the pwpose ofconsidering certain nominations made by theGovernor.


NOMINATIONS TAKEN FROM TABLE

Senator BRIGlITBnL. Mr. President, I ask unanimous consent to call from the table certain nominations and ask for theirconsideration.

The Clerk read the nominations as follows:

MEMBER OF THE STATE BOARDOF BARBER EXAMINERS

March 8, 1999

To the Honorable, the Senate ofthe Commonwealth ofPennsylvania:

In confonnity with law, I have the honor hereby to nominate forthe advice and consent ofthe Senate, Marilyn L. Painter (Public Member), 30 Love Place, Pittsburgh 15218, Allegheny County, Thirtyeighth Senatorial District, for reappointment as a member of the StateBoard ofBarber' Examiners, to serve for a term of three years and untilher successor is appointed and qualified, but not longer than sixmonths beyond that period.

THOMAS J. RIDGEGovernor

MEMBER OF THE PENNSYLVANIAHUMAN RELATIONS COMMISSION

April I, 1999

To the Honorable, the Senate of the Commonwealth ofPennsylvania:

In conformity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, Theotis W. Braddy, 2600 Greenwood Street, Harrisburg 17111, Dauphin County, Fifteenth SenatorialDistrict, for appointment as a member of the Pennsylvania HumanRelations Commission, to serve for a term of five years or until hissuccessor is appointed and qualified, vice Wilbert D. Chrisner, ill,Pittsburgh, whose term expired.

THOMAS 1. RIDGEGovernor

MEMBER OF TIlE PENNSYLVANIAHUMAN RELATIONS COMMISSION

April I, 1999


In conformity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, Raquel Otero de Yiengst, Ph.D.,


21 Sunset Court, Sinking Spring 19608, Berks COWlty, Forty-eighthSenatorial District., forreappoin1ment as a member of the PennsylvaniaHmnan Relations Conunissi~ to serve for a tenn of five years or Wltilher successor is appointed and qualified.

mOMAS J. RIDGEGovernor

MEMBER OF THE PENNSYLVANIAHUMAN RELATIONS COMMISSION

April I, 1999


In confonnity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, Daniel D. YWl, M.D., Ph.D.,3903 Somers Drive, HWltingdon Valley 19006, Montgomery COWlty,Twelfth Senatorial District, for reappointment as a member of thePermsylvania Human Relations Connnission, to serve for a term of fiveyears or Wltil his successor is appointed and qualified.

mOMAS 1. RIDGEGovernor

MEMBER OF THE COUNCIL OF TRUSTEES OFKUTZTOWN UNIVERSITY OF PENNSYLVANIA

OF THE STATE SYSTEM OF HIGHER EDUCATION

January 22, 1999


In conformity with law, I have the honor hereby to nominate forthe advice and consent ofthe Senate, Roger J. Schmidt, 121 BrossmanCourt, Leesport 19533, Berks COWlty, Eleventh Senatorial District, forappointment as a member ofthe Council ofTrustees of Kutztown University of Pennsylvania of the State System of Higher Education, toserve Wltil the third Tuesday ofJanuary 2005, and until his successoris appointed and qualified, vice The Honorable James E. Mullen,Pennsburg, deceased.


MEMBER OF THE STATE BOARDOF LANDSCAPE ARCHITECTS

January 26, 1999


In conformity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, Lawrence 1. Walko, Box 4004,R.R 4, Dnuns 18222, Luzerne County, Fourteenth Senatorial District,for reappointment as a member of the State Board of Landscape Architects, to serve for a tenn of three years and until his successor is appointed and qualified, but not longer than six months beyond that period.


MEMBER OF THE MUNICIPAL POLICE OFFICERS'EDUCATION AND TRAINING COMMISSION

April I, 1999


In conformity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, Frederick D. Engle, Jr., 3200Crest Road, Harrisburg 17109, Dauphin County, Fifteenth SenatorialDistrict., for reappointment as a member of the Municipal Police Officers' Education and Training Commission, to serve for a term of threeyears and until·his successor is appointed and qualified.



April 1, 1999


In conformity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, Lieutenant Colonel John J.McGeehan, 375 13th Avenue, Bethlehem 18018, Lehigh County, Sixteenth Senatorial District, for reappointment as a member of the Municipal Police Officers' Education and Training Commission, to servefor a term ofthree years and until his successor is appointed and qualified.

mOMASJ. RIDGEGovernor


April I, 1999


In conformity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, Dennis W. McMaster, 300 S.Queen Street, Shippensburg 17257, Cumberland County, Thirty-firstSenatorial District, for reappointment as a member of the MmricipalPolice Officers' Education and Training Commission, to serve for aterm ofthree years and Wltil his successor is appointed and qualified.



April I, 1999


In conformity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, Gerald M. Monahan, Jr., 1937 L


Pinehurst Court, Allentown 18103, Lehigh County, Sixteenth Senatorial District, for reappointment as a member of the Mmricipal PoliceOfficers' Education and Training Commission, to serve for a tenD ofthree years and Wltil his successor is appointed and qualified.

rnOMAS J. RIDGEGovernor


April I, 1999


In confonnity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, Gary M. Welsh, 120 SandroStreet, Indiana 15701, Indiana County, Forty-fmt Senatorial District,for reappointment as a member of the MWlicipal Police Officers' Education and Training Commission, to serve for a term of three years andWltil his successor is appointed and qualified.

rnoMAS J. RIDGEGovernor

MEMBER OF THE PROFESSIONAL STANDARDSAND PRAC11CES COMMISSION

Febrwuy I, 1999


In confonnity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, Franklin R. Herron, Jr., Ed.D.,71 Leader Drive, Jacobus 17407, York County, Twenty-eighth Senatorial District, for reappointment as a member of the Professional Standards and Practices Commission, to serve until the third Tuesday ofJanuary 2002 and until his successor is appointed and qualified.


MEMBER OF THE BOARD OF TRUSTEES OFSELINSGROVE CENTER

April 1, 1999


In confonnity with law, I have the honor hereby to nominate forthe advice and consent of the.Senate, Nancy H. Leach, 27 SycamoreDrive, Miffiintown 17059, Juniata County, Thirty-fourth SenatorialDistrict, for appointment as a member of the Board of Trustees ofSelinsgrove Center, to serve until the third Tuesday of January 2005and 1Dltil her successor is appointed and qualified, vice Frank 1. Fendt,Sunbury, whose term expired.


In conformity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, Louise A. Powell, 1508 ClayAvenue, Dunmore 18509, Lackawanna County, Twenty-second Senatorial District, for appointment as a member ofthe Board ofTrustees ofWhite Haven Center, to serve until the third Tuesday of January 2005,and until her successor is appointed and qualified, vice Louis J. Rossi,Hazleton, whose term expired.


MEMBER OF THE WARREN COUNTYBOARD OF ASSISTANCE

March 8, 1999


In conformity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, Larry E. Kopko (Republican),407 Market S1reet, Warren 16365, Warren County, Twenty-fifth Senatorial District, for appointment as a member of the Warren CountyBoard of Assistance, to serve until December 31, 2000, and until hissuccessor is appointed and qualified, vice Teny J. Chiaravalloti, whoseterm expired.


MEMBER OF THE TIOGA COUNTYBOARD OF ASSISTANCE

April I, 1999


In conformity with law, I have the honor hereby to nominate forthe advice and consent of the Senate, John E. Backman (Republican),140 North Williamson Road, Blossburg 16912, Tioga County, 1\ventythird Senatorial District, for appointment as a member of the TiogaCounty Board of Assistance, to serve until December 31, 2000, anduntil his successor is appointed and qualified, vice Angelo Serva,Wellsboro, resigned.


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

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

rnOMAS 1. RIDGEGovernor

MEMBER OF THE BOARD OF TRUSTEES OFWHITE HAVEN CENTER

March 19, 1999

ArmstrongBelanBellBodackBoscotaBrightbillConti

GreenleafHartHelfrickHollHughesJubetirerKasunic

YEA-47

MadiganMellowMoweryMurphyMustoO'PakePiccola

StapletonStoutTartaglioneThompsonTilghmanTomlinsonWagner


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

Ordered, That the Governor be informed accordingly.

EXECUTIVE SESSION RISES

CormanCostaDentEarllGerlach

KitchenKukovichlaValleLenanondLoeper

PuntRhoadesRobbinsSchwartzSlocum

NAY-o

WaughWhiteWilliamsWozniak

SENATE RESOLUTION ADOPTED

Senators MOWERY, ARMSTRONG, HUGHES,MADIGAN, KITCHEN, TOMLINSON, HELFRICK,SCHWARTZ, WENGER, THOMPSON, LAVALLE, DENT,COSTA, WAGNER, TILGHMAN, GREENLEAF, PUNT,EARLL, MURPHY, O'PAKE, BELAN, WIDTE, ROBBINS,RHOADES, HOLL, SLOCUM, MUSTO, GERLACH,LEMMOND, BODACK, BRIGHI'BILL, CORMAN and HART,by unanimous consent, offered Senate Resolution No. 73, entitled:

Senator BRIGHIBILL. Mr. President, I move that the Executive Session do now rise.


UNFINISHED BUSINESSSENATE RESOLUTION ADOPTED

Senators GREENLEAF, SCHWARTZ, TOMLINSON,BRIGH1BILL, MURPIn: O'PAKE, BOSCOLA, TILGHMAN,THOMPSON, COSTA, SLOCUM, MUSTO, HELFRICK,HUGHES, LAVALLE, KUKOVICH, MOWERY and MELLOW, by unanimous consent, offered Senate Resolution No.71, entitled:

A Resolution designating May 12, 1999, as "Fibromyalgia Awareness Day" in Pennsylvania.

On the question,Will the Senate adopt the resolution?

The PRESIDING OFFICER. The Chair recognizes the gentleman from Montgomety, Senator Greenleaf.

Senator GREENLEAF. Mr. President, I rise to offer a resolution to designate May 12 of this year as Fibromyalgia Day. It isa disorder manifested by widespread muscular pain, fatigue, andinsomnia, and approximately 3.7 million people in the UnitedStates suffer from it, so at this time I would like to offer theresolution and request the Senate adopt it.

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

in the affirmative.

PERMISSION TO ADDRESS

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

Senator BODACK. Mr. President, I must be missing out onsomething here. Earlier in the day we called up SupplementalCalendar No.1. I do not remember what action was taken on it.Is that still before us?

The PRESIDING OFFICER. Senate Supplemental CalendarNo. 1was handled immediately upon returning to the floor aftercaucus. The Senate insisted on its amendments, and a conference committee will be appointed by the President pro tempore.

Senator BODACK. Thank you, Mr. President.

A Resolution designating the week ofMay 9 through 15, 1999, as"Pennsylvania MADD Dnmk Driving Awareness Week."

Which was read, considered and adopted.

DISCHARGE PETITIONS

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

In the Senate, May 4, 1999

A PETITION

To place before the Senate the nomination ofJames H. Shacklett,as a member of the Board ofTrustees ofTemple 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 ofPermsylvania, do hereby request that you place the nomination ofJames H. Shacklett, as a member of the Board of Trustees of Temple University, before the entireSenate body for a vote, the nomination not having been voted uponwithin 15 legislative days:

Raphael J. MustoRobert J. MellowLeonard J. BodackMichael A. O'PakeRichard A. KasunicJ. Bmy StoutVmcent J. Fwno


APE1TI10N

To place before the Senate the nomination ofJohn K. Sweeney,Esq., for Judge, Court ofCommon Pleas, Westmoreland County.


WE, The undersigned members ofthe Senate, pursuant to section8 (b) of Article IV of the Constitution ofPermsylvania, do hereby request that you place the nomination of John K. Sweeney, Esq., forJudge, Court of Common Pleas, Westmoreland County, before theentire Senate body for a vote, the nomination not having been votedupon within 15 legislative days:

Raphael J. MustoRobert J. MellowLeonard J. BodackMichael A. O'PakeRichard A. KasunicJ. Barry StoutVmcent J. FlUDo



A PETITION

To place before the Senate the nomination of Calina R. Odom,as a member ofthe Erie COWlty Board ofAssistance.

TO: The President Officer ofthe Senate:

WE, The undersigned members of the Senate, pursuant to section8 (b) ofArticle IV of the Constitution of Pennsylvania, do hereby request that you place the nomination ofCatina R. Odom, as a memberofthe Erie COWlty Board ofAssistance, before the entire Senate bodyfor a vote, the nomination not having been voted upon within 15 legislative days:

Raphael 1. MustoRobert 1. MellowLeonard J. BodackMichael A. O'PakeRichard A. KasunicJ. Bany StoutVmcent J. Furno


APElTIlON

To place before the Senate the nomination ofAndrew A. DePaula,as a member of the State Athletic Commission.


WE, The undersigned members of the Senate, pursuant to section8 (b) ofArticle IV of the Constitution of Pennsylvania, do hereby request that you place the nomination ofAndrew A. DePaula, as a memlu oftbe State Athletic Conunission, before the entire Senate body fora vote, the nomination not having been voted upon within 15 legislativedays:

Raphael J. MustoRobert J. MellowLeonard J. BodackMichael A. O'PakeRichard A. KasunicJ. Bany StoutVmcent J. Furno


APElTIlON

To place before the Senate the nomination of Charles P. Bednarik,as a member ofthe State Athletic Commission.


WE, The undersigned members of the Senate, pursuant to section8 (b) ofArticle IV of the Constitution ofPennsylvania, do hereby request that you place the nomination ofCharles P. Bednarik, as a memluofthe State Athletic Conunission, before the entire Senate body fora vote, the nomination not having been voted upon within 15 legislative days:

Raphael J. MustoRobert J. MellowLeonard J. BodackMichael A. O'PakeRichard A. KasunicJ. Barry StoutVmcent J. Furno

The PRESIDING OFFICER These communications will belaid on the table.

CONGRATULATORY RESOLUTIONS

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

Congratulations ofthe Senate were extended to Carl Stapleyby Senator Costa.

Congratulations of the Senate were extended to Marvin E.Waxham, Sr., by Senator Earll.

Congratulations of the Senate were extended to 84 LumberofPittsburgh by Senator Hart.

Congratulations of the Senate were extended to the VdlleyChemical Fire Company ofNumidia by Senator Helfrick.

Congratulations of the Senate were extended to Kurt E.Scherzberg, David J. Shaner, James T. Murphy and to John M.Johnston by Senator Holl.

Congratulations of the Senate were extended to the LincolnHigh School Reunion Committee by Senator Hughes.

Congratulations of the Senate were extended to John D.McGarvey by Senator Kasunic.

CongmtuIations of the Senate were extended to the ReverendAnthony Floyd by Senator Kitchen.

Congratulations of the Senate were extended to theWilliamsport High School Boys' Basketball Team by SenatorMadigan.

Congratulations of the Senate were extended to Corey Christopher Wowk and to Daniel Kosar by Senator Mellow.

Congratulations of the Senate were extended to MichelleHershey, Molly Kelly, Jennifer O'Hara, Stephanie Scheibley andto Jessica Hurley by Senator Mowery.

Congratulations ofthe Senate were extended to Jack Quinter,John Mobley and to the Thomas Ford ElementaIy School ofReading by Senator O'Pake.

Congratulations of the Senate were extended to David M.Minarik, Ralph A. Lettieri, John N. Lechner, Peggy Whitbeck,Liz Barna, Michael Andrew Coblentz, Joshua Michael Burtonand to the Meadville Lions Club by Senator Robbins.

Congratulations ofthe Senate were extended to Ida A. Nix bySenator Schwartz.

Congratulations of the Senate were extended to Patrick J.McGuigan by Senator Thompson.

Congratulations of the Senate were extended to FranklinHaas by Senator Wenger.

BILLS ON FIRST CONSIDERATION

Senator BRIGHI'BllL. Mr. President, I move that the Senatedo now proceed to consideration ofall bills reported from committees for the first time at today's Session.

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

SB 332, SB 648, SB 669, SB 717, SB 767, SB 812, SB 846,SB 925, SB 926, SB 927, SB 928, SB 929, SB 931, SB 932, SB933, SB 934, SB 943, SB 945, SB 948 and DB 456.


And said bills having been considered for the first time.Ordered, To be printed on the Calendar for second consider

ation.

HOUSE MESSAGES

DOUSE INSISTS ON ITS NONCONCURRENCE INAMENDMENTS MADE BY THE SENATE TO DB 980,

AND APPOINTS COMMITTEE OF CONFERENCE

The Clerk ofthe House ofRepresentatives informed the Senate that the House insists on its nonconcurrence in amendmentsmade by the Senate to DB 980, and has appointed Messrs.BARLEY, RYAN, and DeWEESE as a Committee of Conference to confer with a similar committee of the Senate, if theSenate shall appoint such mmmittee, to consider the differencesexisting between the two houses in relation to said bill.

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 4. 1999

Senators GREENLEAF, KUKOVICH, EARLL, HART andWAUGH presented to the Chair sa 913, entitled:

An Act amending the act of JWle 3, 1937 (P.L.1333, No.320),entitled Pennsylvania Election Code, providing for arrangement ofnames on ballots.

Which was committed to the Committee on STATE GOVERNMENT, May 4, 1999.

Senators GREENLEAF, KUKOVICH and BOSCOLApresented to the Chair sa 914, entitled:

An Act amending the act of JWle 3, 1937 (P.L.1333, No.320),entitled Pennsylvania Election Code, further providing for the fonn ofthe primary ballot.


Senators GREENLEAF, LEMMOND, THOMPSON,DENT, BOSCOLA, COSTA, HART and WOZNIAK presentedto the Chair SB 91S, entitled:

An Act amending the act of JWle 3, 1937 (P.L.1333, No.320),entitled Pennsylvania Election Code, further providing for the appointment ofelection watchers.


Senators GREENLEAF, COSTA, HELFRICK, O'PAKE andWOZNIAK presented to the Chair sa 916, entitled:

An Act amending Title 65 (Public Officers) of the PennsylvaniaConsolidated Statutes, further providing for statement of fmancialinterests.


Senators GREENLEAF, COSTA, FUMO and LEMMONDpresented to the Chair SB 918, entitled:

An Act requiring that certain electric signs be approved by Underwriters Laboratory; and providing a penalty.

Which was mmmitted to the Committee on TRANSPORTATION, May 4, 1999.

Senators GREENLEAF, COSTA and FUMO presented tothe Chair sa 919, entitled:

An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, further providing for funeral processions and followingtoo closely.


Senators GREENLEAF, STOUT, HOLL, TOMLINSON andHART presented to the Chair SB 920, entitled:

An Act amending Title 75 (Vehicles) ofthe Pennsylvania Consolidated Statutes, further establishing a duty to stop vehicles at accidentscenes; and providing an exception from the duty for emergency vehicles.


Senators GREENLEAF, BOSCOLA and HART presentedto the Chair SB 921, entitled:

An Act amending Title 75 (Vehicles) ofthe Pennsylvania Consolidated Statutes, authorizing certain charitable organizations to solicitfimds on highways.


Senators GREENLEAF, EARLL, KASUNIC, BOSCOLA,COSTA, HART, MURPHY and TILGHMAN presented to theChair SB 922, entitled:

An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, further providing for requirement for periodic inspection of vehicles.


Senator SALVATORE presented to the Chair SB 923,entitled:

An Act authorizing cities of the first class to impose propertymaintenance ordinances.

Which was committed to the Committee on URBAN AFFAIRS AND HOUSING, May 4, 1999.

490 LEGISLATIVE JOURNAL - SENATE

ANNOUNCEMENT BY THE SECRETARY

MAY 4,

The following announcement was read by. the Secretary ofthe Senate:

SENATE OF PENNSYLVANIA

COMMrrrEE MEETING

10:00 AM.

WEDNESDAY, MAY S, 1999

PUBUC HEALTH AND WELFARE(to consider Senate BiUs No. 172, 405and 602; and House Bill No. 132)CANCELLED

Room 461Main Capitol

ADJOURNMENTThe PRESIDING OFFICER. The Chair recognizes the gen

tleman from Lebanon, Senator Brightbill.Senator BRIGHTBll..L. Mr. President, I move the Senate do

now adjourn until Wednesday, May 5, 1999, at II a.m., EasternDaylight Savings Time.

The motion was agreed to.The Senate adjourned at 5:23 p.m., Eastern Daylight Saving

Time.

1fiegislatibe ~journal · 1999. 5. 4. · s8928(pr. no. 992) an act amending the act ofmarch 10,...

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