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COMMONWEALTH OF

TUESDAY, JANUARY 16, 2007

SESSION OF 2007 191 ST OF THE GENERAL ASSEMBLY No. 2

serve until the third Tuesday of January 2007, and until her successor SENATE is appointed and qualified, vice James Schwoyer, Kutztown, deceased. TUESDAY, January 16, 2007 EDWARD G. RENDELL The Senate met at 10 a.m., Eastern Standard Time. Governor

The PRESIDENT pro tempore (Senator Joseph B. Scamati MEMBER OF THE STATE BOARD OF NURSING III) in the Chair. January 8, 2007 PRAYER To the Honorable, the Senate The Chaplain, Rabbi JOSEPH MENDELSOHN, of Temple Israel of Scranton, offered the following prayer: of the Commonwealth of Pennsylvania: In conformity with law, I have the honor hereby to nominate for the Dear God, we thank You for Your presence here today, advice and consent of the Senate, Nina Tinari, (Public Member), 6401 Church Road, 19151, Philadelphia County, Seventh Sena­ watching over us as we enact important business affecting the torial District, for appointment as a member of the State Board of Nurs­ citizens of all Pennsylvania. We ask for Your guidance, we ask ing, to serve for a term of six years or until her successor is appointed for strength, and we ask for Your values as we attempt to care for and qualified, but not longer than six months beyond that period, vice all under our service. In Your name we pray. Amen. Dennis McManus, , whose term expired. EDWARD G. RENDELL The PRESIDENT pro tempore. The Chair thanks Rabbi Governor Mendelsohn, who is the guest today of Lieutenant Governor-elect Knoll. MEMBER OF THE STATE BOARD OF ACCOUNTANCY PLEDGE OF ALLEGIANCE (The Pledge of Allegiance was recited by those assembled.) January 10, 2007

COMMUNICATIONS FROM THE GOVERNOR To the Honorable, the Senate of the Commonwealth of Pennsylvania: NOMINATIONS REFERRED TO COMMITTEE In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Giorgio E. Fieo, 220 Leon Avenue, The PRESIDENT pro tempore laid before the Senate the fol­ Norwood 19074, Delaware County, Eighth Senatorial District, for reap­ lowing communications in writing from His Excellency, the Gov­ pointment as a member fo the State Board of Accountancy, to serve for ernor of the Commonwealth, which were read as follows and a term of four years and until his successor is appointed and qualified, referred to the Committee on Rules and Executive Nominations: but not longer than six months beyond that period. EDWARD G. RENDELL MEMBER OF THE COUNCIL OF TRUSTEES OF Governor KUTZTOWN UNIVERSITY OF PENNSYLVANIA OF THE STATE SYSTEM OF HIGHER EDUCATION MEMBER OF THE ARCHITECTS LICENSURE BOARD

January 8, 2007 January 10, 2007

To the Honorable, the Senate To the Honorable, the Senate of the Commonwealth of Pennsylvania: of the Commonwealth of Pennsylvania: In conformity with law, I have the honor hereby to nominate for the In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Stephanie Moore, 40 Red Barberry advice and consent of the Senate, Harry Rutledge, FAIA, RIB A, 1633 Drive, Etters 17319, York County, Fifteenth Senatorial District, for Rainbow Circle, York 17408, York County, Twenty-eighth Senatorial appointment as a member of the Council of Trustees of Kutztown Uni­ District, for appointment as a member of the Architects Licensure versity of Pennsylvania of the State System of Higher Education, to Board, to serve until September 30, 2007, or until his successor is ap 38 LEGISLATIVE JOURNAL — SENATE JANUARY 16, pointed and qualified, but not longer than six months beyond that pe­ In conformity with law, I have the honor hereby to nominate for the riod, vice Fredrick Harle, Mechanicsburg, resigned. advice and consent of the Senate, D. Joanne Reckley, 2403 Elizabeth Avenue, Temple 19560, Berks County, Eleventh Senatorial District, for EDWARD G. RENDELL appointment as a member of the Board of Trustees of Hamburg Center, Governor to serve until the third Tuesday of January 2009, and until her successor is appointed and qualified, vice Annabelle Good, Allentown, resigned. MEMBER OF THE STATE BOARD OF EDWARD G. RENDELL BARBER EXAMINERS Governor

January 10, 2007 MEMBER OF THE MUNICIPAL POLICE OFFICERS' EDUCATION AND TRAINING COMMISSION To the Honorable, the Senate of the Commonwealth of Pennsylvania: January 10, 2007 In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Michael J. DeRiggi, 106 Robinhood To the Honorable, the Senate Drive, Cranberry Township 16066, Butler County, Fortieth Senatorial of the Commonwealth of Pennsylvania: District, for appointment as a member of the State Board of Barber Examiners, to serve for a term of three years and until his successor is In conformity with law, I have the honor hereby to nominate for the appointed and qualified, but not longer than six months beyond that advice and consent of the Senate, Ray A. Morrow, 3111 East Carson period, vice Carl Stillo, Kulpmont, whose term expired. Street, Pittsburgh 15203, Allegheny County, Forty-third Senatorial District, for appointment as a member of the Municipal Police Officers' EDWARD G RENDELL Education and Training Commission, to serve until November 20, 2007, Governor and until his successor is appointed and qualified, vice John C. Eckenrode, Philadelphia, resigned. MEMBER OF THE CORONERS' EDUCATION BOARD EDWARD G. RENDELL Governor January 10, 2007 MEMBER OF THE STATE BOARD OF PSYCHOLOGY To the Honorable, the Senate of the Commonwealth of Pennsylvania: January 10, 2007 In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Dr. James Wilson, 30 Morris Lane, To the Honorable, the Senate Wellsboro 16901, Tioga County, Twenty-fifth Senatorial District, for of the Commonwealth of Pennsylvania: reappointment as a member of the Coroners' Education Board, to serve for a term of four years and until his successor is appointed and quali­ In conformity with law, I have the honor hereby to nominate for the fied. advice and consent of the Senate, Alex M. Siegel, J.D., Ph.D., 746 Righters Mill Road, Penn Valley 19072, Montgomery County, Seven­ EDWARD G RENDELL teenth Senatorial District, for appointment as a member of the State Governor Board of Psychology, to serve for a term of four years or until his suc­ cessor is appointed and qualified, but not longer than six months be­ MEMBER OF THE STATE BOARD OF COSMETOLOGY yond that period. EDWARD G RENDELL January 10, 2007 Governor

To the Honorable, the Senate MEMBER OF THE PENNSYLVANIA of the Commonwealth of Pennsylvania: PUBLIC TELEVISION NETWORK COMMISSION In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Debra Jean Jablonski, 4 White Drive, January 10, 2007 Honey Brook 19344, Chester County, Thirty-sixth Senatorial District, for appointment as a member of the State Board of Cosmetology, to To the Honorable, the Senate serve for a term of three years and until her successor is appointed and of the Commonwealth of Pennsylvania: qualified, but not longer than six months beyond that period, vice Aginah Shabazz, Wynnewood, resigned. In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Susan M. Dillon, 219 South Allen EDWARD G. RENDELL Avenue, Donora 15033, Washington County, Forty-sixth Senatorial Governor District, for appointment as a member of the Pennsylvania Public Tele­ vision Network Commission, to serve for a term of six years or until her MEMBER OF THE BOARD OF successor is appointed and qualified, but not longer than six months beyond that period, vice David Atkinson, Harrisburg, whose term ex­ TRUSTEES OF HAMBURG CENTER pired. January 10,2007 EDWARD G. RENDELL Governor To the Honorable, the Senate of the Commonwealth of Pennsylvania: 2007 LEGISLATIVE JOURNAL — SENATE 39

MEMBER OF THE PENNSYLVANIA Valley View Drive, Shrine Acres, Dallas 18612, Luzerne County, PUBLIC TELEVISION NETWORK COMMISSION Twentieth Senatorial District, for reappointment as a member of the Board of Trustees of Scranton State School for the Deaf, to serve until the third Tuesday of January 2011, and until his successor is appointed January 10, 2007 and qualified.

To the Honorable, the Senate EDWARD G RENDELL of the Commonwealth of Pennsylvania: Governor

In conformity with law, I have the honor hereby to nominate for the MEMBER OF THE STATE BOARD OF advice and consent of the Senate, Christine Mueseler, 304 Casa Vita SOCIAL WORKERS, MARRIAGE AND FAMILY Drive, Greensburg 15601, Westmoreland County, Thirty-ninth Senato­ rial District, for reappointment as a member of the Pennsylvania Public THERAPISTS AND PROFESSIONAL COUNSELORS Television Network Commission, to serve until August 17, 2012, or until her successor is appointed and qualified, but not longer than six January 10, 2007 months beyond that period.

EDWARD G. RENDELL To the Honorable, the Senate Governor of the Commonwealth of Pennsylvania: In conformity with law, I have the honor hereby to nominate for the MEMBER OF THE STATE REAL ESTATE advice and consent of the Senate, Frederick J. Bostwick, (Public Mem­ COMMISSION ber), 517 South 22nd Street, Philadelphia 19146, Philadelphia County, First Senatorial District, for reappointment as a member of the State Board of Social Workers, Marriage and Family Therapists and Profes­ January 10,2007 sional Counselors, to serve for a term of four years and until his succes­ sor is appointed and qualified, but not longer than six months beyond To the Honorable, the Senate that period. of the Commonwealth of Pennsylvania: EDWARD G. RENDELL In conformity with law, I have the honor hereby to nominate for the Governor advice and consent of the Senate, John J. McGarry, 226 West Rittenhouse Square, Philadelphia 19103, Philadelphia County, First MEMBER OF THE STATE BOARD OF Senatorial District, for appointment as a member of the State Real Es­ tate Commission, to serve for a term of five years or until his successor SOCIAL WORKERS, MARRIAGE AND FAMILY is appointed and qualified, but not longer than six months beyond that THERAPISTS AND PROFESSIONAL COUNSELORS period, vice Rita M. Halverson, Somerset, whose term expired. January 10, 2007 EDWARD G. RENDELL Governor To the Honorable, the Senate of the Commonwealth of Pennsylvania: MEMBER OF THE STATE REAL ESTATE COMMISSION In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Marilyn Painter, (Public Member), 30 January 10,2007 Love Place, Pittsburgh 15218, Allegheny County, Forty-third Senatorial District, for reappointment as a member of the State Board of Social Workers, Marriage and Family Therapists and Professional Counselors, To the Honorable, the Senate to serve for a term of four years and until her successor is appointed and of the Commonwealth of Pennsylvania: qualified, but not longer than six months beyond that period.

In conformity with law, I have the honor hereby to nominate for the EDWARD G. RENDELL advice and consent of the Senate, John A. Sommer, 380 School Street, Governor York 17402, York County, Twenty-eighth Senatorial District, for ap­ pointment as a member of the State Real Estate Commission, to serve for a term of five years or until his successor is appointed and qualified, MEMBER OF THE LUZERNE COUNTY but not longer than six months beyond that period, vice George E. BOARD OF ASSISTANCE Meagher, III, Ambler, whose term expired. January 11,2007 EDWARD G. RENDELL Governor To the Honorable, the Senate of the Commonwealth of Pennsylvania: MEMBER OF THE BOARD OF TRUSTEES OF SCRANTON STATE SCHOOL FOR THE DEAF In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, B. J. Clark, 611 East Darby Road, January 10,2007 Havertown 19083, Delaware County, Seventeenth Senatorial District, for appointment as a member of the Luzerne County Board of Assis­ To the Honorable, the Senate tance, to serve until December 31, 2007, and until his successor is ap­ of the Commonwealth of Pennsylvania: pointed and qualified, vice Joseph Salvo, Shavertown, deceased.

In conformity with law, I have the honor hereby to nominate for the EDWARD G. RENDELL advice and consent of the Senate, Mahmoud H. Fahmy, Ph.D., 441-3 Governor 40 LEGISLATIVE JOURNAL — SENATE JANUARY 16,

MEMBER OF THE COUNCIL OF TRUSTEES In conformity with law, I have the honor hereby to nominate for the OF CLARION UNIVERSITY OF PENNSYLVANIA advice and consent of the Senate, Behavin H. Patel, (Public Member), 902 West Diamond Avenue, Hazleton 18201, Luzerne County, Four­ OF THE STATE SYSTEM OF HIGHER EDUCATION teenth Senatorial District, for appointment as a member of the State Board of Optometry, to serve for a term of four years and until his suc­ January 12, 2007 cessor is appointed and qualified, but not longer than six months be­ yond that period, vice Robert Wentzel, Halifax, whose term expired. To the Honorable, the Senate EDWARD G RENDELL of the Commonwealth of Pennsylvania: Governor In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, B. J. Clark, 611 East Darby Road, MEMBER OF THE BOARD OF TRUSTEES Havertown 19083, Delaware County, Seventeenth Senatorial District, OF POLK CENTER for appointment as a member of the Council of Trustees of Clarion University of Pennsylvania of the State System of Higher Education, to serve until the third Tuesday of January 2007, and until his successor is January 12, 2007 appointed and qualified, vice Richard Kooman, II, Shippenville, de­ ceased. To the Honorable, the Senate of the Commonwealth of Pennsylvania: EDWARD G. RENDELL Governor In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Nina Tinari, 6401 Church Road, Phil­ MEMBER OF THE STATE BOARD OF COSMETOLOGY adelphia 19151, Philadelphia County, Seventh Senatorial District, for appointment as a member of the Board of Trustees of Polk Center, to serve until the third Tuesday of January 2011, and until her successor January 12,2007 is appointed and qualified, vice Robert L. Murray, Oil City, resigned.

To the Honorable, the Senate EDWARD G RENDELL of the Commonwealth of Pennsylvania: Governor In conformity with law, I have the honor hereby to nominate for the MEMBER OF THE PENNSYLVANIA advice and consent of the Senate, Stephanie Moore, 40 Red Barberry Drive, Etters 17319, York County, Fifteen Senatorial District, for ap­ PUBLIC TELEVISION NETWORK COMMISSION pointment as a member of the State Board of Cosmetology, to serve for a term of three years and until her successor is appointed and qualified, January 12,2007 but not longer than six months beyond that period, vice Karen Donovan, West Chester, resigned. To the Honorable, the Senate EDWARD G. RENDELL of the Commonwealth of Pennsylvania: Governor In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Stephanie Moore, 40 Red Barberry JUDGE, COURT OF COMMON PLEAS, Drive, Etters 17319, York County, Fifteenth Senatorial District, for LEHIGH COUNTY appointment as a member of the Pennsylvania Public Television Net­ work Commission, to serve until August 17, 2011, or until her successor is appointed and qualified, but not longer than six months beyond that January 12, 2007 period, vice Lita Indzel Cohen, Merion, whose term expired.

To the Honorable, the Senate EDWARD G. RENDELL of the Commonwealth of Pennsylvania: Governor In conformity with law, I have the honor hereby to nominate for the MEMBER OF THE CLINTON COUNTY advice and consent of the Senate, Gregory A. Dunlap, Esquire, 613 Sweetbriar Drive, Harrisburg 17111, Dauphin County, Fifteenth Senato­ BOARD OF ASSISTANCE rial District, for appointment as Judge of the Court of Common Pleas of Lehigh County, to serve until the first Monday of January 2008, vice January 12, 2007 The Honorable Thomas A. Wallitsch, resigned. To the Honorable, the Senate EDWARD G. RENDELL Governor of the Commonwealth of Pennsylvania: In conformity with law, I have the honor hereby to nominate for the MEMBER OF THE STATE BOARD OF OPTOMETRY advice and consent of the Senate, Sam Cohn, 491 Hillside Drive, Mountville 17554, Lancaster County, Thirty-sixth Senatorial District, for appointment as a member fo the Clinton County Board of Assis­ January 12,2007 tance, to serve until December 31, 2008, and until his successor is ap­ pointed and qualified, vice Kenneth Boyce, Lock Haven, deceased. To the Honorable, the Senate of the Commonwealth of Pennsylvania: EDWARD G. RENDELL Governor 2007 LEGISLATIVE JOURNAL — SENATE 41

MEMBER OF THE FOREST RECALL COMMUNICATIONS COUNTY BOARD OF ASSISTANCE REFERRED TO COMMITTEE

January 12, 2007 The PRESIDENT pro tempore laid before the Senate the fol­ To the Honorable, the Senate lowing communications in writing from His Excellency, the Gov­ of the Commonwealth of Pennsylvania: ernor of the Commonwealth, which were read as follows and referred to the Committee on Rules and Executive Nominations: In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Sam Cohn, 491 Hillside Drive, Mountville 17554, Lancaster County, Thirty-sixth Senatorial District, MEMBER OF THE STATE REAL for appointment as a member of the Forest County Board of Assistance, ESTATE COMMISSION to serve until December 31, 2009, and until his successor is appointed and qualified, vice Phyllis C. Skinner, Pleasantville, resigned. January 10, 2007 EDWARD G. RENDELL Governor To the Honorable, the Senate of the Commonwealth of Pennsylvania:

MEMBER OF THE LAWRENCE In accordance with the power and authority vested in me as Gover­ COUNTY BOARD OF ASSISTANCE nor of the Commonwealth, I do hereby recall my nomination dated December 18, 2006, for the appointment of Nina Tinari, 6401 Church January 12, 2007 Road, Philadelphia 19151, Philadelphia County, Seventh Senatorial District, as a member of the State Real Estate Commission, to serve for To the Honorable, the Senate a term of five years or until her successor is appointed and qualified, but of the Commonwealth of Pennsylvania: not longer than six months beyond that period, vice Rita M. Halverson, Somerset, whose term expired. In conformity with law, I have the honor hereby to nominate for the I respectfully request the return to me of the official message of advice and consent of the Senate, Stephanie Moore, 40 Red Barberry nomination on the premises. Drive, Etters 17319, York County, Fifteenth Senatorial District, for appointment as a member of the Lawrence County Board of Assistance, EDWARD G. RENDELL to serve until December 31, 2009, and until her successor is appointed Governor and qualified, vice Robert Session, New Castle, deceased.

EDWARD G. RENDELL MEMBER OF THE STATE Governor BOARD OF OPTOMETRY

MEMBER OF THE WASHINGTON January 12, 2007 COUNTY BOARD OF ASSISTANCE To the Honorable, the Senate January 12, 2007 of the Commonwealth of Pennsylvania:

To the Honorable, the Senate In accordance with the power and authority vested in me as Gover­ of the Commonwealth of Pennsylvania: nor of the Commonwealth, I do hereby recall my nomination dated December 18, 2006 for the appointment of Stephanie Moore, (Public In conformity with law, I have the honor hereby to nominate for the Member), 40 Red Barberry Drive, Etters 17319, York County, Fifteenth advice and consent of the Senate, Nora Peterman, 4634 Larchwood Senatorial District, as a member of the State Board of Optometry, to Avenue, Philadelphia 19143, Philadelphia County, Eighth Senatorial serve for a term of four years and until her successor is appointed and District, for appointment as a member of the Washington County Board qualified, but not longer than six months beyond that period, vice Rob­ of Assistance, to serve until December 31, 2008, and until her successor ert Wentzel, Halifax, whose term expired. is appointed and qualified, vice Arthur M. Wilson, Amity, resigned. I respectfully request the return to me of the official message of nomination on the premises. EDWARD G. RENDELL Governor EDWARD G. RENDELL Governor MAGISTERIAL DISTRICT JUDGE

January 12, 2007 RESOLUTION INTRODUCED AND REFERRED

To the Honorable, the Senate The PRESIDENT pro tempore laid before the Senate the fol­ of the Commonwealth of Pennsylvania: lowing Senate Resolution numbered, entitled, and referred as follows, which was read by the Clerk: In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Nina Tinari, 6401 Church Road, Phil­ January 16, 2007 adelphia 19151, Philadelphia County, Seventh Senatorial District, for appointment as Magisterial District Judge, in and for the County of Allegheny, Magisterial District 05-2-16, to serve until the first Monday Senator PILEGGI presented to the Chair SR 10, entitled: of January 2008, vice Mary Grace Boyle, resigned. A Resolution consenting to the elimination of requirement to disclose nominees' Social Security numbers for purposes of Senate EDWARD G. RENDELL Nominations Questionaire. Governor 42 LEGISLATIVE JOURNAL — SENATE JANUARY 16,

Which was committed to the Committee on RULES AND A majority of the Senators having voted "aye," the question EXECUTIVE NOMINATIONS, January 16,2007. was determined in the affirmative.

SENATE COMMITTEE APPOINTED COMMITTEE APPOINTED TO WAIT UPON PURSUANT TO SENATE CONCURRENT THE LIEUTENANT GOVERNOR-ELECT RESOLUTION No. 6 The PRESIDENT pro tempore. As President pro tempore, I The PRESIDENT pro tempore. Pursuant to Senate Concurrent appoint the following committee to escort the Lieutenant Resolution No. 6, as President pro tempore of the Senate I have Governor-elect and her official party to appointed the following Senators to represent the Senate of the Senate Chamber: The gentleman from Delaware, Senator Pennsylvania as a committee to participate in the Inaugural Pileggi, chairman; and the gentleman from Lackawanna, Senator ceremonies for the Honorable Edward Rendell, Governor-elect Mellow. of the Commonwealth of Pennsylvania: The committee will leave immediately and proceed to the office of the Lieutenant Governor. Senator Dominic F. Pileggi Senator The Senate will be at ease. Senator Jane Clare Orie Senator John N. Wozniak (The Senate was at ease.) Senator Robert D. Robbins Senator Lisa M. Boscola Senator Robert M. Tomlinson Senator Sean F. Logan Senator Michael L. Waugh Senator James Ferlo GOVERNOR-ELECT AND MRS. EDWARD Senator John R. Gordner Senator Wayne D. Fontana RENDELL PRESENTED TO THE SENATE Senator Robert C. Wonderling Senator Andrew Dinniman Senator Michael W. Brubaker The PRESIDENT pro tempore. The Governor-elect of the Senator Joseph Scamati III, Chairman Commonwealth, the Honorable Edward Rendell, and the First Lady of Pennsylvania, Judge Midge Rendell, are entering the SENATE RESOLUTION Senate Chamber. COMMITTEE TO WAIT UPON Will Members and guests please rise. THE LIEUTENANT GOVERNOR-ELECT (Applause.)

Senator PILEGGI, offered the following resolution, which LIEUTENANT GOVERNOR-ELECT was read as follows: PRESENTED TO SENATE In the Senate, January 16,2007 The PRESIDENT pro tempore. The Chair recognizes the Sergeant-at-Arms. RESOLVED, That a committee of two Senators be appointed to The SERGEANT-AT-ARMS. Mr. President, I have the honor wait upon The Honorable Catherine Baker Knoll, Lieutenant Governor- to present the committee appointed by you to escort the elect, and escort her to the Senate Chamber to take the Oath of Office and assume the duties of the Office of Lieutenant Governor and Lieutenant Governor-elect. President of the Senate. (Applause.) The PRESIDENT pro tempore. Please bring the committee On the question, and guests forward. Will the Senate adopt the resolution? REPORT OF COMMITTEE TO WAIT UPON The yeas and nays were required by Senator PILEGGI and THE LIEUTENANT GOVERNOR-ELECT were as follows, viz: The PRESIDENT pro tempore. The Chair recognizes the Sergeant-at-Arms. YEA-46 The SERGEANT-AT-ARMS. Mr. President, the chairman of Armstrong Folmer O'Pake Tartaglione the committee, Senator Pileggi. Baker Fontana Orie Vance Senator PILEGGI. Mr. President, the committee appointed by Boscola Gordner Pileggi Washington you to wait upon and escort the Lieutenant Governor-elect and Browne Greenleaf Pippy Waugh Brubaker Hughes Punt White, Donald her party to the Senate Chamber has performed its duty. The Gorman Kasunic Rafferty White, Mary Jo Lieutenant Governor-elect, Catherine Baker Knoll, is present and Costa Kitchen Regola Williams, Anthony H. ready to receive the oath of office. Dinniman LaValle Rhoades Williams, Constance Earll Logan Robbins Wonderling The PRESIDENT pro tempore. The Chair thanks the Eichelberger Madigan Scamati Wozniak committee for performing its duty and asks the committee to Erickson Mellow Stack escort the Lieutenant Governor-elect and her party to their seats. Ferlo Musto Stout (Whereupon, the committee escorted the Lieutenant Governor-elect to her seat.) NAY-0 The PRESIDENT pro tempore. The committee is discharged with the thanks of the Senate. 2007 LEGISLATIVE JOURNAL — SENATE 43

INAUGURAL CEREMONY OF and others who so desire will be able to take photographs. The LIEUTENANT GOVERNOR-ELECT rest of us will be at ease for a couple of minutes. Your CATHERINE BAKER KNOLL cooperation will be appreciated. The PRESIDENT pro tempore. The hour having arrived for CERTIFICATE OF ELECTION the administration of the oath of office to the Lieutenant OF LIEUTENANT GOVERNOR-ELECT Governor-elect, the Senate will come to order. The PRESIDENT pro tempore. The Clerk of the Senate will The ceremony will be opened with the invocation, which will at this time read the Certificate of Election of the Honorable be offered by today's Chaplain, Rabbi Joseph Mendelsohn, of Catherine Baker Knoll, Lieutenant Governor-elect of the Temple Israel of Scranton. Commonwealth of Pennsylvania. The Certificate of Election was read by the Clerk as follows: INVOCATION THE GENERAL ASSEMBLY OF PENNSYLVANIA The Chaplain, Rabbi Joseph Mendelsohn, of Temple Israel of Main Capitol Building Harrisburg, Pennsylvania 17120 Scranton, offered the following prayer: January 2, 2007 Dear God and God of our ancestors, as we prepare to We, the President of the Senate and Speaker of the House of inaugurate Lieutenant Governor-elect Catherine Baker Knoll, Representatives of the Commonwealth of Pennsylvania, do certify that bless all who exercise just and rightful authority in our land. Help the President of the Senate did, on the second day of January, A.D., two them to administer all affairs of State fairly, that peace and thousand and seven, in the Hall of the House of Representatives at the State Capitol, open the returns of the election for Lieutenant Governor security, happiness and prosperity, justice and freedom may of this Commonwealth, and publish the same in the presence of both forever abide in our midst. houses of the General Assembly, conforming to the provisions of the Creator of all flesh, bless all the inhabitants of our country Constitution and laws of said Commonwealth, and upon counting votes with Your spirit. May citizens of all races and creeds forge a by a Teller appointed on the part of each house, it appeared that The Honorable Catherine Baker Knoll had the highest number of votes; common bond of true harmony to banish all hatred and bigotry, whereupon The Honorable Catherine Baker Knoll was declared to have to safeguard the ideals and free institutions which are the pride been duly elected Lieutenant Governor of this Commonwealth. and glory of our country. In testimony whereof, we have hereunto set our hands and affixed Let us use Mrs. Knoll's accomplishments in emergency our seals the day and year written above. management, domestic preparedness, economic development, (SEAL) CATHERINE BAKER KNOLL and local government as a guide for our efforts in making President of the Senate Pennsylvania a Commonwealth known for caring for all people (SEAL) DENNIS M. O'BRIEN with dignity, compassion, and justice. Speaker of the House of In Your name we pray. Amen. Representatives LISA BAKER The PRESIDENT pro tempore. The Chair again thanks Rabbi Teller on the part of the Senate Mendelsohn, who is the guest of Lieutenant Governor-elect Catherine Baker Knoll. MICHAEL F. GERBER Teller on the part of the House Members and guests, please remain standing. The Chair of Representatives would now ask Lauren and Joseph Musumeci to come forward to sing the National Anthem. ADMINISTRATION OF OATH OF OFFICE (Whereupon, the National Anthem was performed by Lauren TO LIEUTENANT GOVERNOR-ELECT and Joseph Musumeci.) (Applause.) The PRESIDENT pro tempore. At this time, will Lieutenant The PRESIDENT pro tempore. The Chair thanks Lauren and Governor-elect Knoll please present herself at the rostrum of the Joseph for the beautifiil rendition. They are the guests today of Senate for the administration of the oath of office. Lieutenant Governor-elect Catherine Baker Knoll. The oath of office to the Honorable Catherine Baker Knoll will be administered by the Honorable Debra Todd, Judge of the REMARKS BY THE PRESIDENT PRO TEMPORE Superior Court of Pennsylvania. Please rise. The PRESIDENT pro tempore. Before proceeding to the Judge TODD. Lieutenant Governor-elect Knoll, it is my honor administration of the oath of office to Lieutenant Governor-elect to administer this oath. Please place your left hand on the Bible, Catherine Baker Knoll, the Chair would like to ask the raise your right hand and repeat after me: cooperation of the news photographers and others who would I, Catherine Baker Knoll, do solemnly swear that I will like to take pictures or videotape, so that during the actual support, obey, and defend the Constitution of the United States ceremony there will be no picture taking. Several photographers and the Constitution of this Commonwealth, and that I will have been granted permission to take still photographs. At the discharge the duties of my office with fidelity, so help me God. conclusion of the administration of the oath of office, there will Congratulations. be a short pause in the proceedings so that news photographers (Applause.) 44 LEGISLATIVE JOURNAL — SENATE JANUARY 16,

GAVEL PRESENTED TO LIEUTENANT service by keeping the focus clear on both what is important and GOVERNOR CATHERINE BAKER KNOLL who is important, never forgetting that the 12 million people of our State have a fundamental right to believe that this is the home The PRESIDENT pro tempore. It is now my honor and very of high expectations. happy privilege to present the gavel of authority of the Senate to (Applause.) the Honorable Catherine Baker Knoll, Lieutenant Governor of In Pennsylvania, let us embrace cooperation and see negative the Commonwealth of Pennsylvania. Lieutenant Governor Knoll, thinking as the mental malpractice that it is. Let us also I congratulate you and invite you to come to the rostrum. understand that partisanship on our shoulders puts our political (Applause.) baggage over the weight limits. We should and must never squander valuable moments debating on whether these are the The PRESIDENT (Lieutenant Governor Catherine Baker best or the worst of times, but instead we should recognize that Knoll) in the Chair. this is indeed a very special time in our lives in which we decide INAUGURAL ADDRESS OF LIEUTENANT to advance the human agenda. Yes, in Pennsylvania, with history GOVERNOR CATHERINE BAKER KNOLL as our guide and human dignity as our goal, let us vow that everything up until now has been the first draft, and it now The PRESIDENT. Please be seated. Welcome. I stand in this becomes our job to improve on it. Four years ago Governor Ed Chamber accompanied by what I call an attitude of gratitude. I Rendell launched a new ship of state, and it was called am grateful to our Governor, ; to his lovely wife, leadership. In the nearly 1,500 days since, his actions have really Judge Midge Rendell; to Senator Casey; Adjutant General spelled out what it takes to be a leader. Jessica Wright; Auditor General, ; to our President (Applause.) pro tempore, Joe Scamati; to Senator Pileggi and Senator His commitment not to divide and rule, but to unite and Mellow for bringing me here; to Deborah Todd, Superior Court govern. Judge; to Rabbi Joe Mendelsohn and his lovely wife, Linda, from (Applause.) Temple Israel; to Mickey Rooney and Jan and Chris; to Dan The willingness to confront the major issues of our time, the Onorato; and to our Attorney General. I am glad to welcome all insistence on applying honored principles to search for solutions, of you. I would also like to welcome our cabinet officers, my the devotion to do the right things, and to do things right. This four children, Chuck, Mina, Albert, and Dr. Kim Eric Knoll. To vessel called leadership has proven it can sail the most my family and friends, I am grateful to each of you, and to all of challenging of seas. We are able to celebrate on this day a new our Senators today, I am humbled. I have such an attitude of definition of the word "inaugural." In the dictionary, it may mean gratitude for each of you. a new beginning. In Pennsylvania on this day, it means continuity It is in this historic place that for the fourth time of my life, I - a continuity of confidence in good health, good jobs, good have raised my hand to take the oath of a statewide office, and families, good neighbors, good schools, clean air, clean water, for that I am grateful to all of you and all of the citizens of this safe and secure homes. great Commonwealth. (Applause.) There is Justice Cappy, and I am honored. Those of us who take the oath to serve in public office, all of It would not have mattered if it were the fourth or the fortieth, the Senators with whom I work every day-and believe me, we because I still reserve that special place up and down my spine take this very seriously-are the custodians of that continuity. It where the thrills and the chills of this moment compete for my is the responsibility that is really contagious, as all of you are attention. The oath for all of us who take it is so very precious. here to show your support. Serving the public interest may first It is a conscience-rattling reminder that public service is a begin in your job description, but it quickly evolves into a duty privilege. of instinct, to the devotion of your best energies and service of a It is also a challenge for us to do our part to shape the future. good cause. Public service means to be engaged in We inhabit a world that is troubled. The challenge is to make our Pennsylvania's possibilities and challenges. It encourages us to portion more peaceful and more productive. We live in an make things happen that might otherwise not happen. It reminds America that right now is sometimes turbulent, sometimes us that our moral courage must accompany every moment and divisive. The challenge is to help unite and make more every action that we take. That means that we should never allow harmonious this land we all love. We share a Pennsylvania that the roar of the crowd to drown out the voice of our conscience. is proud and beautiful. The challenge is to make it even more so. Every day we hear the hopes that our world will improve. The The soul and substance with which we govern in this reality, however, is that the world is not likely to improve unless Commonwealth can be an example that we set for the whole and until we do. So that is the other ship in our Pennsylvania nation. Our task is never to maintain a Pennsylvania as it is, but fleet - citizenship, 12 million people all helping each other. Put to discover what it could be and what it should be. There is no them together-leadership, citizenship-and you have a tomorrow incentive for us to be merely one of 50 States; our goal must so promising that I cannot wait to see it and be part of it. always be to be the best of the 50. Now that we all know what tomorrow looks like, it is time to (Applause.) begin building it, and that is done with all of us working together. In Pennsylvania, let us regard our oath of office not as a Thank you, God bless you, God bless all of our service men and certification of power, but as a sobering commitment to public women, God bless Pennsylvania, God bless America. service. In Pennsylvania, let us enrich the value of that public (Applause.) 2007 LEGISLATIVE JOURNAL — SENATE 45

The PRESIDENT pro tempore (Joseph B. Scamati III) in The Chair would ask that all guests please leave the Senate the Chair. Chamber so that they may prepare for the inaugural ceremonies for the Governor. SPECIAL ORDER OF BUSINESS GUESTS OF SENATOR ROBERT J. MELLOW LEGISLATIVE LEAVES PRESENTED TO THE SENATE The PRESIDENT pro tempore. The Chair recognizes the The PRESIDENT pro tempore. The Chair recognizes the gentleman from Delaware, Senator Pileggi. gentleman fromLackawanna , Senator Mellow. Senator PILEGGI. Mr. President, I ask that Senator Piccola Senator MELLOW. Mr. President, I would like to make four and Senator Tomlinson be placed on temporary Capitol leave. introductions this morning here in the Senate. First, I would like The PRESIDENT pro tempore. Senator Pileggi requests that to congratulate our newly reelected Lieutenant Governor on a Senator Piccola and Senator Tomlinson be placed on temporary tremendous victory, and also on an outstanding presentation and Capitol leave. speech before the people of Pennsylvania and the Senate. The Chair recognizes the gentlewoman from Montgomery, I would like to introduce three individuals who have served as Senator Connie Williams. Members of this august body. One was introduced, the other two Senator C. WILLIAMS. Mr. President, I request a temporary have not been, but I want to introduce them in the order in which Capitol leave for Senator Ferlo, and a legislative leave for they were elected to the Senate. I might be dating myself by Senator Tartaglione. doing the first one, but nevertheless, I am not interested in term The PRESIDENT pro tempore. Senator Connie Williams limitations, so to me it really does not matter that much. requests a temporary Capitol leave for Senator Ferlo, and a First, I would like to introduce Senator Bob Rovner, a legislative leave for Senator Tartaglione. gentleman from the city of Philadelphia, who was elected the Without objection, the leaves will be granted. same time I was several years ago. We were about the same age, LEAVE OF ABSENCE but you would never know it by looking at us today, and he is seated right here. Senator C. WILLIAMS asked and obtained a leave of absence (Applause.) for Senator FUMO, for today's Session, for personal reasons. Second, I would like to introduce Lieutenant Governor , a gentleman who served as the Lieutenant Governor of CONGRATULATORY RESOLUTIONS the State of Pennsylvania, and also as Acting Governor when The PRESIDENT pro tempore laid before the Senate the Governor Casey was recuperating from his illness. following resolutions, which were read, considered, and adopted (Applause.) by voice vote: The third one who was elected in this particular order and Congratulations of the Senate were extended to Kenneth R. served here in the Senate with great distinction and was also Dietrich by Senator Armstrong. chairman of our Committee on Education, and is now a member Congratulations of the Senate were extended to Dow Emerson of Congress, Congresswoman Allyson Schwartz. IV by Senator Folmer. (Applause.) Congratulations of the Senate were extended to Gregory N. Finally, a very dear friend of mine who has a distinguished Taluskie by Senator Kasunic. military record as a veteran serving in Vietnam and now serves Congratulations of the Senate were extended to Brian David as Auditor General of the Commonwealth, Jack Wagner. Kuhns by Senator Mcllhinney, Jr. (Applause.) Congratulations of the Senate were extended to Matthew Thank you very much, Mr. President. Basta by Senator Musto. The PRESIDENT pro tempore. To conclude this ceremony, Congratulations of the Senate were extended to Mr. and Mrs. the Chair once again calls on Lauren Musumeci to sing "God Robert Frederick and to Barbara J. Smith by Senator Orie. Bless America." Congratulations of the Senate were extended to Luke M. (Whereupon, "God Bless America" was performed by Lauren Wahlberg by Senator Scamati. Musumeci.) Congratulations of the Senate were extended to the Greater (Applause.) Johnstown Retired Men's Club by Senator Wozniak. The PRESIDENT pro tempore. The Senate will be at ease while the Lieutenant Governor and her party leave the Chamber. CONDOLENCE RESOLUTIONS All Senators and visitors please remain and be seated. The PRESIDENT laid before the Senate the following ANNOUNCEMENT BY THE PRESIDENT resolutions, which were read, considered, and adopted by voice PRO TEMPORE vote: Condolences of the Senate were extended to the family of the The PRESIDENT pro tempore. I now call upon Senator late Louis J. Palazzi, Sr., by Senator Mellow. Pileggi and Senator Mellow to come forward and escort the Condolences of the Senate were extended to the family of the official party to the rear of the Senate Chamber. late John F. Flaherty, to the family of the late Dr. Howard Koepke and to the family of the late William J. Tuite by Senator Orie. 46 LEGISLATIVE JOURNAL — SENATE JANUARY 16,

Condolences of the Senate were extended to the family of the 10:30 A.M. APPROPRIATIONS (Budget Hearing - Hrg. Rm. 1 late Honorable Ida Rose Mari Fien by Senator Stout. Department of Health) North Off. 1:15 P.M. APPROPRIATIONS (Budget Hearing - Hrg. Rm. 1 ANNOUNCEMENTS BY THE SECRETARY Community Colleges) North Off.

The following announcements were read by the Secretary of MONDAY, MARCH 5, 2007 the Senate: 9:30 A.M. APPROPRIATIONS (Budget Hearing - Hrg. Rm. 1 SENATE OF PENNSYLVANIA Department of Military and Veterans North Off. Affairs) COMMITTEE MEETINGS 11:00 A.M. APPROPRIATIONS (Budget Hearing - Hrg. Rm. 1 WEDNESDAY. JANUARY 17,2007 Treasury Department) North Off.

Off the RULES AND EXECUTIVE NOMINA- Rules Com 1:15 P.M. APPROPRIATIONS (Budget Hearing - Hrg. Rm. 1 Floor TIONS (to consider Senate Resolution Conf. Rm. No. 10; and certain executive Department of Education) North Off. nominations) TUESDAY, MARCH 6. 2007 TUESDAY JANUARY 23, 2007 9:00 A.M. APPROPRIATIONS (Budget Hearing - Hrg. Rm. 1 10:30 A.M. LAW AND JUSTICE (to consider Hrg. Rm. 1 Department of Transportation) North Off. Liquor Control Board operations) North Off. 1:15 RM. APPROPRIATIONS (Budget Hearing - Hrg. Rm. 1 Department of Aging) North Off. MONDAY FEBRUARY 26,2007 2:45 P.M. APPROPRIATIONS (Budget Hearing - Hrg. Rm. 1 9:30 A.M. APPROPRIATIONS (Budget Hearing - Hrg. Rm. 1 Department of General Services) North Off. Department of Corrections) North Off.

10:30 A.M. APPROPRIATIONS (Budget Hearing - Hrg. Rm. 1 WEDNESDAY, MARCH 7, 2007 Attorney General) North Off. 9:00 A.M. APPROPRIATIONS (Budget Hearing - Hrg. Rm. 1 1:15 P.M. APPROPRIATIONS (Budget Hearing - Hrg. Rm. 1 Department of Public Welfare) North Off. Department of Revenue) North Off. 1:15 P.M. APPROPRIATIONS (Budget Hearing - Hrg. Rm. 1 Department of Community and Econo- North Off. 3:00 P.M. APPROPRIATIONS (Budget Hearing - Hrg. Rm. 1 mic Development)

State System of Higher Education) North Off. 2:45 P.M. APPROPRIATIONS (Budget Hearing - Hrg. Rm. 1

TUESDAY FEBRUARY 27, 2007 State Police) North Off. 9:00 A.M. APPROPRIATIONS (Budget Hearing - Hrg. Rm. 1 THURSDAY, MARCH 8, 2007 Department of State) North Off. 10:30 A.M. APPROPRIATIONS (Budget Hearing - Hrg. Rm. 1 9:00 A.M. APPROPRIATIONS (Budget Hearing - Hrg. Rm. 1 Auditor General) North Off. Department of Agriculture) North Off. 10:30 A.M. APPROPRIATIONS (Budget Hearing - Hrg. Rm. 1 1:15 P.M. APPROPRIATIONS (Budget Hearing - Hrg. Rm. 1 Public Utilities Commission) North Off. Department of Labor and Industry) North Off. 1:15 P.M. APPROPRIATIONS (Budget Hearing - Hrg. Rm. 1 2:45 P.M. APPROPRIATIONS (Budget Hearing - Hrg. Rm. 1 Dept. of Environmental Protection) North Off. State Related Universities) North Off. RECESS WEDNESDAY. FEBRUARY 28, 2007 The PRESIDENT pro tempore. The Chair recognizes the 9:00 A.M. gentleman from Delaware, Senator Pileggi. APPROPRIATIONS (Budget Hearing - Hrg. Rm. 1 Gaming Control Board) North Off. Senator PILEGGI. Mr. President, I move that the Senate do 10:30 A.M. APPROPRIATIONS (Budget Hearing - Hrg. Rm. 1 now recess until Wednesday, January 17, 2007, at 10 a.m., Insurance Department) North Off. Eastern Standard Time. The motion was agreed to by voice vote. 1:15 P.M. APPROPRIATIONS (Budget Hearing - Hrg. Rm. 1 The Senate recessed at 11:07 a.m., Eastern Standard Time. Liquor Control Board) North Off.

3:00 P.M. APPROPRIATIONS (Budget Hearing - Hrg. Rm. 1 Budget Secretary) North Off.

THURSDAY, MARCH 1. 2007

9:00 A.M. APPROPRIATIONS (Budget Hearing - Hrg. Rm. 1 Department of Conservation and North Off. Natural Resources)