COMMONWEALTH OF PENNSYLVANIA

TUESDAY, JANUARY 2, 2007

SESSION OF 2007 191 ST OF THE GENERAL ASSEMBLY No. 1

SENATE PLEDGE OF ALLEGIANCE TUESDAY, January 2,2007 (The Pledge of Allegiance was recited by those assembled, led by the gentleman from Montgomery, Senator RAFFERTY.) The PRESIDENT. This is the constitutional day and hour for the convening of the 191st Regular Session of the General As­ PRESENTATION OF ELECTION RETURNS sembly. The PRESIDENT. The Chair recognizes the Sergeant-at- The PRESIDENT (Lieutenant Governor Catherine Baker Arms. Knoll) called the Senate to order at 12 m., Eastern Standard The SERGEANT-AT-ARMS. Madam President, I have the Time. honor to present the Commissioner of Elections of the Common­ wealth, Mr. Harry Van Sickle. PRAYER Mr. VAN SICKLE. Madam President, on behalf of the Secre­ tary of the Commonwealth, Pedro Cortes, I have the honor to The Chaplain, The Most Reverend KEVIN C. RHOADES, present the returns and statements of campaign expense compli­ Bishop of the Roman Catholic Diocese of Harrisburg, offered the ance for the offices of Governor, Lieutenant Governor, and Sena­ following prayer: tor in the General Assembly for the election held on November 7, 2006. Let us pray. The PRESIDENT. The Chair thanks Commissioner Van Almighty and ever living God, You have revealed Your glory Sickle. to all nations and peoples. We praise and thank You for all Your gifts and blessings as we begin this new year. ELECTION RETURNS FOR GOVERNOR God of wisdom and justice, mercy and love, assist all the AND LIEUTENANT GOVERNOR Members of the Senate of Pennsylvania with Your spirit of coun­ LAID ON TABLE sel in this new Session. Let the light of Your divine wisdom di­ rect the deliberations of this Senate and shine forth in all the The PRESIDENT. The returns for the Governor and Lieuten­ proceedings and laws framed for the service of the common ant Governor will lie on the table. good. We pray especially for those Senators who today take their ELECTION RETURNS OF SENATORS oath of office. May they always discharge their duties with hon­ The PRESIDENT. The returns of the Senators will be read by esty and ability. Bless them and strengthen them in their public the Clerk. service. Give all our Senators the strength of spirit to work al­ The Clerk read the election returns as follows: ways for what is right and good in Your sight. Finally, Lord, in this new year, bless and protect all the people SECOND SENATORIAL DISTRICT of Pennsylvania with Your abundant grace and peace. We pray Philadelphia Christine M. Tartaglione (Dem) 44,066 to You, who are the source of all life and the fountain of all Christopher Morris (Rep) 8,283 goodness. To You be glory and honor, now and forever. Amen. FOURTH SENATORIAL DISTRICT Philadelphia LeAnna M. Washington (Dem) 77,396 The PRESIDENT. The Chair thanks Bishop Rhoades, who is Ron Holt (Rep) 14, 523 the guest today of our new President pro tempore, Senator SIXTH SENATORIAL DISTRICT Scamati, and our own Senator Rhoades, who is his cousin. Bucks Robert Tommy Tomlinson (Rep) 47,772 Paul Lang (Dem) 41,685 ANNOUNCEMENT BY THE PRESIDENT EIGHTH SENATORIAL DISTRICT The PRESIDENT. Several years ago, at the recommendation Philadelphia Anthony H. Williams (Dem) 58,053 of Senator John Rafferty, this Senate amended its rules so that we recite the Pledge of Allegiance every day following the opening TENTH SENATORIAL DISTRICT prayer. So today I would respectfully request that Senator Raffer­ Bucks Chuck Mcllhinney (Rep) 52,060 ty come forward to lead us in the Pledge of Allegiance. Chris Serpico (Dem) 48,951 LEGISLATIVE JOURNAL — SENATE JANUARY 2,

TWELFTH SENATORIAL DISTRICT FORTY-EIGHTH SENATORIAL DISTRICT Montgomery Stewart J. Greenleaf (Rep) 56,935 Lebanon Mike Folmer (Rep) 54,425 Jeff Albert (Dem) 42,257 John R. Liss (Dem) 31,442 FOURTEENTH SENATORIAL DISTRICT FIFTIETH SENATORIAL DISTRICT Luzerne Raphael J. Musto (Dem) 53,087 Mercer Bob Robbins (Rep) 41,302 Art Allen (Dem) 35,854 SIXTEENTH SENATORIAL DISTRICT Lehigh Pat Browne (Rep) 38,764 •Party Designation - (Dem) Democrat, (Rep) Republican, (Cst) Consti­ Richard J. Orloski (Dem) 32,788 tution, (Ref) Reform, (Lib) Libertarian, (VFC) Vote For Cash

EIGHTEENTH SENATORIAL DISTRICT Whereupon, the following named persons were declared duly Northampton Lisa Boscola (Dem) 51,599 Bonnie L. Dodge (Rep) 20,714 elected Senators in the General Assembly of the Commonwealth of Pennsylvania: TWENTIETH SENATORIAL DISTRICT Luzerne Lisa Baker (Rep) 46,943 Second District-Christine M. Tartaglione Robert G. McNamara (Dem) 32,148 Fourth District-LeAnna M. Washington TWENTY-SECOND SENATORIAL DISTRICT Sixth District-Robert Tommy Tomlinson Lackawanna Robert J. Mellow (Dem) 71,141 Eighth District-Anthony H. Williams Tenth District-Chuck Mcllhinney TWENTY-FOURTH SENATORIAL DISTRICT Montgomery Robert C. Wonderling (Rep) 48,310 Twelfth District-Stewart J. Greenleaf Dave Wilsey (Dem) 37,179 Fourteenth District-Raphael J. Musto Sixteenth District-Pat Browne TWENTY-SIXTH SENATORIAL DISTRICT Eighteenth District-Lisa Boscola Delaware Edwin B. Erickson (Rep) 50,986 Michael T. Farrell (Dem) 46,641 Twentieth District-Lisa Baker Twenty-second District-Robert J. Mellow TWENTY-EIGHTH SENATORIAL DISTRICT Twenty-fourth District-Robert C. Wonderling York Mike Waugh (Rep) 52,442 Twenty-sixth District-Edwin B. Erickson J. P. Kurish (Dem) 24,050 Twenty-eighth District-Mike Waugh Edward W Gately, Sr. (Gm) 2,637 Thirtieth District-John H. Eichelberger, Jr. THIRTIETH SENATORIAL DISTRICT Thirty-second District-Richard A. Kasunic Blair John H. Eichelberger, Jr. (Rep) 45,607 Thirty-fourth District-Jacob D. Corman III Greg Morris (Dem) 27,106 Thirty-sixth District-Michael W. Brubaker THIRTY-SECOND SENATORIAL DISTRICT Thirty-eighth District-Jim Ferlo Fayette Richard A. Kasunic (Dem) 45,425 Fortieth District-Jane Clare Orie Ronald L. Gallo (Rep) 21,302 Forty-second District-Wayne Fontana Forty-fourth District-John Rafferty THIRTY-FOURTH SENATORIAL DISTRICT Centre Jacob D. Corman III (Rep) 43,028 Forty-sixth District-J. Barry Stout Jon Eich (Dem) 30,025 Forty-eighth District-Mike Folmer Thomas A. Martin (Lib) 2,140 Fiftieth District-Bob Robbins Robert J. Cash (VFC) 1,590 STATEMENT BY THE PRESIDENT THIRTY-SIXTH SENATORIAL DISTRICT Lancaster Michael W. Brubaker (Rep) 51,145 The PRESIDENT. For the record, the Chair has been in­ Jason A. Leisey (Dem) 26,896 formed by the Secretary of the Commonwealth that all Sena­ THIRTY-EIGHTH SENATORIAL DISTRICT tors-elect have filed in his office the accounts and affidavits re­ Allegheny Jim Ferlo (Dem) 57,195 quired by the Election Code. Joseph Murphy (Cst) 10,718 Before we proceed to the administration of the oaths of office, FORTIETH SENATORIAL DISTRICT the Chair would like to request the cooperation of the news pho­ Allegheny Jane Clare Orie (Rep) 77,566 tographers and others who would like to take pictures or video­ Christopher M. Graham (Cst) 14,029 tape so that during each of the actual ceremonies there will be no picture taking. Those Senators who are sworn in are asked to FORTY-SECOND SENATORIAL DISTRICT please, at the conclusion of the actual administration of the oaths Allegheny Wayne Fontana (Dem) 60,634 of office, stay at the bar for a few minutes for the convenience of FORTY-FOURTH SENATORIAL DISTRICT anyone who would desire to take pictures. The rest of us will be Allegheny John Rafferty (Rep) 49,798 at ease for a few minutes. The Chair would also advise that per­ Dan Weand (Dem) 38,768 mission has been given to several photographers to take still FORTY-SIXTH SENATORIAL DISTRICT photographs during today's ceremonies. Washington J. Barry Stout (Dem) 61,511 2007 LEGISLATIVE JOURNAL — SENATE

ADMINISTRATION OF OATH OF OFFICE QUORUM PRESENT TO REPUBLICAN SENATORS-ELECT The PRESIDENT. The Clerk will now call the roll to deter­ The PRESIDENT. The next order of business will be the ad­ mine if a quorum is present. Will the Senators please answer ministration of the oath of office to the newly elected Senators. "present" when your name is called. It is a distinct honor and privilege to have with us today a former Member of the Pennsylvania House of Representatives, a former The Clerk called the roll and the following Senators were Member of the Senate, a former Attorney General of Pennsylva­ present: nia, and now a distinguished judge of the United States Court of Appeals for the Third Circuit, Judge D. Michael Fisher. He has Second District-Christine M. Tartaglione kindly consented to come here today to administer the oaths of Third District-Shirley M. Kitchen office to our Senators-elect and Officers in accordance with Arti­ Fourth District-LeAnna M. Washington cle VI, Section 3, of the Constitution of Pennsylvania. Fifth District-Mike Stack We will now proceed to the administration of the oath of of­ Sixth District-Robert Tommy Tomlinson fice to the Republican Senators-elect by Judge Fisher. Eighth District-Anthony H. Williams Will the Republican Senators-elect please present themselves Ninth District-Dominic F. Pileggi in front of the rostrum and bring with you the Bibles which have Tenth District-Chuck Mcllhinney been placed on your desks. Eleventh District-Michael A. O'Pake Will everyone please rise. Twelfth District-Stewart J. Greenleaf I have the honor of presenting Judge Michael Fisher, who will Thirteenth District-Gibson E. Armstrong now administer the oath of office to the Republican Sena­ Fourteenth District-Raphael J. Musto tors-elect. Fifteenth District-Jeffrey E. Piccola Judge FISHER. Thank you, Madam President. Sixteenth District-Pat Browne Would all of you please place your left hand on your Bible, Seventeenth District-Constance H. Williams raise your right hand and repeat after me: Eighteenth District-Lisa Boscola Nineteenth District-Andrew E. Dinniman I, (state your name), do solemnly swear or affirm that I will Twentieth District-Lisa Baker support, obey, and defend the Constitution of the United States Twenty-second District-Robert J. Mellow and the Constitution of this Commonwealth, and that I will dis­ Twenty-third District-Roger A. Madigan charge the duties of my office with fidelity. Twenty-fourth District-Robert C. Wonderling Congratulations. Twenty-fifth District-Joseph B. Scamati, III (Applause.) Twenty-sixth District-Edwin B. Erickson The PRESIDENT. Please be seated while photographs are Twenty-seventh District-John R. Gordner taken. The Senators will please remain at the bar. Twenty-eighth District-Mike Waugh (The Senate was at ease.) Twenty-ninth District-James J. Rhoades ADMINISTRATION OF OATH OF OFFICE Thirtieth District-John H. Eichelberger, Jr. TO DEMOCRATIC SENATORS-ELECT Thirty-first District-Patricia H. Vance Thirty-second District-Richard A. Kasunic The PRESIDENT. The next order of business will be the ad­ Thirty-third District-Terry L. Punt ministration of the oath of office to the Democratic Sena­ Thirty-fourth District-Jacob D. Corman III tors-elect by Judge Fisher. Will the Democratic Senators-elect Thirty-fifth District-John N. Wozniak please present themselves in front of the rostrum and bring with Thirty-sixth District-Michael W. Brubaker you the Bibles which have been placed on your desks. Thirty-seventh District-John Pippy Will everyone please rise. Thirty-eighth District-Jim Ferlo I have the honor of presenting Judge Fisher, who will adminis­ Thirty-ninth District-Bob Regola ter the oath of office to the Democratic Senators-elect. Fortieth District-Jane Clare Orie Judge FISHER. Madam President, would all of you please Forty-first District-Don White place your left hand on your Bible, raise your right hand and Forty-second District-Wayne Fontana repeat after me: Forty-third District-Jay Costa, Jr. I, (state your name), do solemnly swear or affirm that I will Forty-fourth District-John Rafferty support, obey, and defend the Constitution of the United States Forty-fifth District-Sean F. Logan and the Constitution of this Commonwealth, and that I will dis­ Forty-sixth District-J. Barry Stout charge the duties of my office with fidelity. Forty-seventh District-Gerald J. LaValle Congratulations. Forty-eighth District-Mike Folmer (Applause.) Forty-ninth District-Jane M. Earll The PRESIDENT. Please be seated while photographs are Fiftieth District-Robert D. Robbins taken. The Senate will stand at ease. (The Senate was at ease.) The PRESIDENT. Forty-seven Senators having answered to their names, a quorum is present. LEGISLATIVE JOURNAL — SENATE JANUARY 2,

will carry on this tradition, serving with integrity and dignity. I STATEMENT BY THE PRESIDENT am honored to place the name of Joseph B. Scamati in nomina­ tion for President pro tempore for the 2007 legislative Session. The PRESIDENT. Before taking up the next order of business The PRESIDENT. The Chair recognizes the gentleman from dealing with the election of the President pro tempore and several Lackawanna, Senator Mellow. other Officers of our Senate, the Chair would like to continue the practice started a few Sessions ago, that if there is only one can­ Senator MELLOW. Madam President, before I make remarks didate for each of several offices, the Chair will dispense with the seconding the nomination of Joe Scamati to be the President pro calling of the roll and ask for a voice vote on the nominations. Is tempore, I first would like to welcome Bishop Kevin Rhoades of there any objection? The Chair hears none. the Harrisburg Diocese to this beautiful body. Bishop, each and every one of us here today feel honored by your presence. Thank ELECTION OF PRESIDENT PRO TEMPORE you very much for blessing us with your prayer prior to the be­ ginning of Session. The PRESIDENT. The next order of business before the Sen­ I would also like to welcome on our behalf a former colleague ate will be the election of the President pro tempore of the Senate of ours who is now a Federal judge, a member of the Third Cir­ for the 2007 Session. This is in accordance with Article II, Sec­ cuit Court, a colleague of mine for many years with whom I had tion 9, of the Constitution of Pennsylvania. the great opportunity of working and for whom I had nothing but The Chair recognizes the gentleman from Delaware, Senator tremendous respect and admiration, and that is Senator and now Pileggi. Judge Michael Fisher. Senator PILEGGI. Madam President, our first responsibility I just want to make those two acknowledgments before I have under the Constitution, the election of a President pro tempore, the opportunity to second the nomination of Senator Joseph B. is a decision not casually made. Times change and Members Scamati. have changed, but the high standards for responsible and respon­ (Applause.) sive leadership remains the same. A strong sense of ethics, the Madam President, I could talk about what a very young, at­ capacity for fairness, a commitment to effectively represent this tractive, energetic candidate Senator Scamati is, not only as a institution, these are the traits we look for in the individual re­ Member of the Senate, but also to become President pro tempore, ceiving our support. We count on the President pro tempore to but the one thing I cannot understand is how a person could offer the wise counsel that helps us through the contentious mo­ script an engagement such as today to be able to celebrate his ments and brings us together to produce results that benefit Penn­ birthday. So, in lieu of making a speech on his behalf, because he sylvania. has our tremendous support, admiration, and full cooperation, I I am pleased to nominate Senator Joseph B. Scamati from am going to take the liberty as someone who has been in this Jefferson County to serve as President pro tempore. The quahties body for a few years and ask my 9-year-old granddaughter, Hali, that made Joe Scamati successful in business and trusted in his to join me, and we are going to sing "Happy Birthday," along community are the qualities that strongly recommend him for our with the Members, to Senator Scamati. top leadership position. There is a refreshing honesty in his Will everyone join with Hali in singing "Happy Birthday" to words and in his actions. There is a refreshing willingness to Senator Scamati. move beyond the conventional wisdom and the entrenched posi­ (Whereupon, all present sang "Happy Birthday.") tions to find ways to solve problems. There is a refreshing appre­ (Applause.) ciation that public service is, at its best, a team effort, with many The PRESIDENT. The Chair recognizes the gentlewoman contributing their ideas and energy. He comes from a part of the from Allegheny, Senator Orie. State where people value thrift, practicality, and plain speaking. Senator ORIE. Madam President, as we look forward to a new Joe faithfully represents those perspectives, and he adds a healthy day in Pennsylvania government, I would like to preface my measure of enthusiasm for shaping sound policy and meeting our remarks with a quotation from the late President Ronald Reagan: extensive challenges. Joe Scamati has high quality experience in the Senate. He is "Trust me, government asks that we concentrate on our hopes and dreams on one man, that we trust him to do what is the best for us. My well-versed in the diversity of Pennsylvania. He has handled view of government places trust not in one person or one party, but in difficult issues cooperatively and successfully, and he has dem­ those values that transcend the person and parties. The trust is where it onstrated dependable leadership capacity. The record reflects belongs, in the people. The responsibility to live up to that is where it that he has worked hard to bridge differences, he has mastered belongs, in the elected officials. In that kind of relationship, between the people and the elected leaders is a special kind of compact." the art of constructive negotiation, and he has earned the respect of both sides of the aisle in the process. This Session begins with It is a sincere honor and privilege to rise and second the nomi­ high public expectations for what we must accomplish in terms nation of the gentleman from Jefferson County, Senator Joseph of revisiting lingering problems and renewing the push for reform B. Scamati. The responsibilities of the President pro tempore measures. There will be a premium on clear principles to guide require an individual who is fair, has the respect of his peers, and our actions and a clear-eye pragmatism to realize the desired can lead us to make decisions that are best for both our institution results. and for the citizens of this great Commonwealth. It is also the The Senate has been fortunate to have had a long line of dis­ responsibility of the President pro tempore to rise above political tinguished individuals, both Republicans and Democrats, to hold parties and personalities to foster bipartisan cooperation as we this important position. We can be confident that Joe Scamati serve all the citizens of Pennsylvania. The issues we will be con- 2007 LEGISLATIVE JOURNAL — SENATE

fronting this Session in Pennsylvania cross party lines. I know NOMINATIONS CLOSED Senator Scamati will reach across the aisle and work together for the betterment of Pennsylvania. The PRESIDENT. Are there any other nominations or sec­ Madam President, I know Senator Scamati well, both as a onds? If not, the Chair will now declare the nominations for Pres­ friend and a colleague, and he is ready to accept the gavel. Since ident pro tempore closed. his election to the Senate 6 years ago, Senator Scamati has The candidate for the office of President pro tempore is the earned our trust and our respect. He has worked with his col­ Honorable Joseph B. Scamati III of Jefferson County. All those leagues, both Democrats and Republicans, and has exemplified in favor of the Honorable Joseph B. Scamati III as President pro those unique qualities of leadership, integrity, trustworthiness, tempore will please signify by saying "aye"; those opposed, "no." diligence, compassion, and dedication. It has been said a true A voice vote having been taken, the question was determined leader has the confidence to stand alone, the courage to make in the affirmative. tough decisions, and the compassion to listen to the needs of The PRESIDENT. The Chair declares Senator Scamati unani­ others. He does not set out to be a leader, but becomes one by the mously elected President pro tempore. quality of his actions and the integrity of his intent. That is Joe (Applause.) Scamati. When I first met Senator Scamati, he was a new Senator of COMMITTEE APPOINTED TO ESCORT three months and I had just won a special election. A few years PRESIDENT PRO TEMPORE-ELECT later, we shared an office suite across from the Majority Caucus TO THE ROSTRUM Room, and I came to appreciate firsthand Senator Scamati's dedi­ cation to his constituents, to his colleagues, and to our own insti­ The PRESIDENT. The Chair takes pleasure in appointing the tution. following committee to escort the President pro tempore to the It is often said you can judge the innate character of an indi­ rostrum for the administration of the oath of office: the gentle­ vidual by how they interact and treat children. I know firsthand man from Indiana, Senator Don White (chairman); the gentleman of Joe's great love for his three beautiful children, Lisa, Kelly, from Lackawanna, Senator Mellow; and the gentleman from and Michael. He is a loving and caring father, and I know that as Centre, Senator Corman. The committee will proceed to the per­ the result of that, he has a vested stake in the future of this Com­ formance of its duties. monwealth. (Whereupon, the President pro tempore-elect was escorted to Let us all firmly resolve that having weathered a period of the rostrum of the Senate.) political turmoil, we will not revert back to business as usual. We can and must move with a renewed determination into a progres­ ADMINISTRATION OF OATH OF OFFICE TO sive era of honesty, responsibility, accountability, transparency, PRESIDENT PRO TEMPORE-ELECT with a legislature that reestablishes the people's trust and restores public confidence back to this noble institution. Senator Scamati The PRESIDENT. The oath of office will now be adminis­ has publicly advocated for this change, this reform, this account­ tered to Senator Scamati by Judge Fisher. ability, this transparency. He is what we need at this time. What Please rise. we need is not just a day of reform but an era of reform, an era Judge FISHER. Senator Scamati, will you please place your where serving in the Pennsylvania legislature is not viewed in a left hand on the Bible and raise your right hand and repeat after negative light, but instead an opportunity to make a difference, me: a true, positive difference in Pennsylvanians' lives. Public service I, Joseph B. Scamati, do solemnly swear or affirm that I will in the Pennsylvania State legislature should be viewed as a noble support, obey, and defend the Constitution of the United States calling to serve the people of Pennsylvania, and it is incumbent and the Constitution of this Commonwealth, and that I will dis­ upon each and every one of us to restore that nobility to this great charge the duties of my office of President pro tempore with institution. fidelity. Again, I reiterate from the inspiring words of the late Presi­ Congratulations. dent Ronald Reagan: (Applause.) The PRESIDENT. Please be seated. The Senate will now be "We are the showcase of the future, and it is within our power to mold this future for this year and decades to come. It can be as grand or at ease for a few minutes for photographs. as great as we make it. No crisis is beyond the capacity of our people to (The Senate was at ease.) solve, no challenge too great." REMARKS BY THE PRESIDENT As we begin our new legislative Session, Madam President, PRO TEMPORE I am truly honored to second the nomination of Joseph Scamati. I look forward to embarking upon his leadership to a new era of The PRESIDENT. It is now an honor and privilege to present reform, accountability, transparency, and restoring public confi­ the President pro tempore, the Honorable Joseph Scamati of dence and trust in this great institution, and electing Senator Jo­ Jefferson County. seph Scamati as our next President pro tempore. (Applause.) Thank you, Madam President, for this is a true privilege. LEGISLATIVE JOURNAL — SENATE JANUARY 2,

The PRESIDENT pro tempore. Madam President, colleagues, We have serious challenges facing us: the budget, transporta­ and guests, I would like to begin by thanking my family and tion, health care, job creation, and others. Quite frankly, those are friends for being here with me on this special day. Without you, not party issues. While we may not all agree on the avenues of none of this would be possible. You have helped shape me into addressing these issues, we cannot be delayed by our differences. the man I am today, and for that I am deeply grateful. I also want We must be determined in finding results. Results are what our to thank all of my colleagues for their trust in voting for me as citizens demand, it is what our citizens deserve, and it is what our President pro tempore. I will not let you down. I want to thank citizens will realize. Better education in a Democratic district is Bishop Rhoades, Judge Fisher, and I would be remiss if I did not no more important than in a Republican district. Improving infra­ thank my staff, who basically are like an extended family to me. structure must be completed all across the Commonwealth. Fami­ I also want to recognize Attorney General Tom Corbett. Thank lies in Republican and Democratic districts alike need accessible, you for coming. affordable health care, and family-sustaining jobs are just as (Applause.) important to those people living in Senator Costa's district as they We do have a number of retired Senators and House Members are in Senator Corman's district. here today. Could you please stand and be recognized. You see, I understand there will be differences, and there will (Applause.) be debate, but results are what truly matter. Let us take the differ­ I stand before you very humbled and honored, a man who ences and make them civil. Let us take the debates and make truly recognizes the privileges of being the next President pro them informed, and there must be room for aggressive backing tempore of the Senate of Pennsylvania, a position of privilege and principled stands. Therefore, let our goals be: bipartisan that was held by Robert Jubelirer for longer than any other per­ cooperation wherever possible, loyal opposition whenever neces­ son in history. He is a man who led this Chamber with fairness sary, and civility always. and dignity. He imparted a sense of pride, passion, and commit­ Looking to accomplish our ultimate goals necessitates a ment that clearly have made principles in making him the man he change in the way we do business. First, we must work to make is today. Most importantly, he showed he could be himself while the legislative process more open to public scrutiny. We must still getting things done. I personally, and the Chamber collec­ make it easier for the public to see how Members voted, and we tively, should be thankful for his leadership. must act during reasonable hours. Why change? Because we However, as one chapter closes and another begins, I hope to should. It is the right thing to do. And why change? Because we make each of you proud as we enter an era of leadership and can, and technology allows us to make it possible. The act of leadership styles. As Senator Jubelirer did for so many years, I, shedding more light benefits not just the citizens we represent, too, will infuse my personality into this Chamber. I am proud to but this Chamber as well. The fact is, we do a lot of good in this have my family here today - my grandmother, who makes the Chamber. We have acted on bills to create jobs, we have acted best fudge in the world, my sister, and my parents. Being their on bills that expand exemptions to National Guard members and son and a third generation business owner, I learned early on disabled veterans, we have acted on bills that help fanners, and what it takes to be successful in life. They taught me the value of we have acted on bills that further provide access to affordable dedication, the value of hard work and perseverance. They taught prescription drugs to our senior citizens. We acted on many bills me to listen, learn, and yes, laugh a little bit. They taught me it with many topics that provide a better quality of life for all Penn­ was right to disagree with one another, but not to be disagreeable sylvanians. in doing so. Even when times were not easy, they taught me to Quite frankly, I am proud of what we have done in this Cham­ never lose sight of being a good person and always being and ber, and it is time we open the doors and let the citizens in. Be­ endeavoring to be a source of pride for our community, and I will ginning today, this Chamber will change the mles that will act to take those teachings into this position. gain public trust and show that we are proud of what we have This Senate, this Chamber, and yes, this family is no different. done and that we have nothing to hide. I am proud to be a State We must work together to earn public trust and be a source of Senator and a representative of the people, and I have nothing to pride throughout the Commonwealth, even when we disagree. hide, and the following changes must be implemented: Senate Each of us needs to be a leader and exhibit the courage to accept business will be done without late-night votes. We will post votes change. We must commit to one another that we will Usten, learn, on the Internet in a timely manner, and amendments will be and provide results to the citizens of Pennsylvania. Over the posted on the Internet before being offered on the floor. And yes, course of my tenure, you will often hear the words "cooperation," we will now get more of an opportunity to read the bills we are "openness," "accessibility," because that is how business must be voting on. They will be on our desks before we vote. What a nice done throughout this Chamber. Only then can we realize our change. fullest potential. Ladies and gentlemen, my door has been and These and others will be the first of many in our initial steps will always be open. Whether it is big issues, small issues, issues that change the way we do business in the Senate. I am proud, of compromise, issues of controversy, I am here to listen and with the cooperation and efforts of Senator Pileggi and Senator lead. And understand, that means both sides of the aisle. Our Mellow, that here today we are going to make the first of several former colleague Noah Wenger told me something about the meaningful reforms. This is a perfect example of what can be aisle that separates the Democratic and Republican sides of this accomplished when both parties work together for what is in the Chamber, and it is something that I will never forget and I will best interest of all Pennsylvanians. take into this position. He said, aisles are not for dividing, they This package is a result of a lot of bipartisan hard work, where are for walking down and reaching across. the thoughts of Members, media, and most important of all, our 2007 LEGISLATIVE JOURNAL — SENATE

constituents, were taken into consideration. Senator Pileggi and The Chair recognizes the gentleman from Delaware, Senator Senator Mellow, I thank you for your leadership, but know as we Erickson. act on these rule changes, we must have the courage to go fur­ Senator ERICKSON. Madam President, I am honored today ther. All branches of government must have the courage and to be able to perform the pleasant task of nominating Mark R. willingness to make the necessary changes for a more effective, Corrigan to the position of Secretary of the Senate. As Secretary, more efficient, more accountable government. he supervises the Sergeant-at-Arms, Senate library, Senate bill Another aspect of conducting business in the best interests of room, Senate print shop, the Official Reporter's office, and the the citizens we represent is having fiscal restraint. Spending for Page service. His duties also include certifying documents, pre­ bad special interest programs must not come at the expense of paring and publishing the Calendar, numbering and printing bills, cutting good, positive, and productive programs. Living within and keeping a record of all Senate action on bills that come out our means and making sure every dollar is spent with the same of committee and transmitting them to the House of Representa­ discretion as a working family must be our priority. As Senator tives. John Wozniak has said many times, what about John and Mary Mark, who is a graduate of Dickinson Law School, has served Pfuffha? In other words, our concerns and actions must fly with with distinction as the Secretary of the Senate for over 25 years the families we represent. Acting as good stewards of taxpayer and has been the longest-serving Secretary of our Senate. Over dollars is not always easy, but it is essential if we are to make this more than one-quarter of a century, Mark has earned the Pennsylvania a better place for workers to work and businesses well-deserved reputation of arguably the foremost governmental to do business. Parliamentarian in the nation. He has built a reputation and re­ Lastly, I want to leave everyone with a thought of coopera­ cord of excellence, integrity, and dedication. To those of us sit­ tion. In 1983, a famous Republican quoted Franklin Roosevelt ting on the floor of the Senate, he makes the job of applying par­ saying, "The future lies with those wise political leaders who liamentary mles appear effortless, and he does this flawlessly. realize that the great public is interested more in government than This is testament to his thorough grasp and knowledge of parlia­ in politics." That Republican was Ronald Reagan, who in the mentary procedure, his patience, and his strong ability to bring spirit of cooperation, then asked, "Men and women of both par­ civility to our discussions. His guidance through some vigorous ties, every political shade, concentrate on the long-range, biparti­ discussion is noted and appreciated. Mark has an unerring sense san responsibilities of government, not the short-range or of how to move us forward, and yes, some days he must be quite short-term temptation of partisan politics." FDR knew it, Ronald active in his quest to move us, but move us he does. I am de­ Reagan knew it. While they were both passionate in their views lighted and honored to nominate Mark R. Corrigan as Secretary of government, their views could not have been more different. of the Senate of Pennsylvania. They knew what the people wanted and society needed: results. Thank you. Be it open, listening, and cooperating in the spirit of democracy The PRESIDENT. The Chair recognizes the gentleman from will give this Chamber a good foundation to accomplish our in­ Berks, Senator O'Pake. tended objectives. Positive results will be the residue of our ac­ Senator O'PAKE. Madam President, it is good to know that in tions. the midst of all this change - the election of a new President pro Before I end, I do want to congratulate the new Members and tempore, the seating of a new Majority Leader, the welcoming of welcome them into the family of the Senate. The first day that I a few new Members, and the consideration of badly needed legis­ was here, I will never forget Rob Green, the gentleman right lative reforms - there is one constant of dedication, experience, here, with a very deep, authoritative voice that comes over the and expertise in the name of Mark Corrigan, who will be assist­ squawk boxes in the Chamber and all of our offices, and he be­ ing us as we navigate through the processes of this brand new gan that the Senate will convene in 15 minutes, the Senate will year, this brand new day, and brand new Session in Harrisburg. convene in 10 minutes. When he got down to the Senate will If my counting is correct, Mark celebrated his 25th anniversary convene in 2 minutes, on my first day I hurried, put on my coat, of service as Secretary/Parliamentarian of the Senate this past got together my papers, and came rushing up to the Chamber. I June 30th. No one has served longer as Senate Secretary, and that walked into a completely empty Chamber, and Rob, in his deep, is quite a feat, considering the pressures and the challenges that authoritative voice, looked at me and said, "You must be one of go with this job. the new guys." Therefore, to the new Members, do not be afraid As I said before, when given this opportunity-and it is worth to ask questions, do not be afraid to ask any of us for any help, repeating-to serve as Secretary and Parliamentarian of this Sen­ we are here to do that. I may have failed to do that, but please do ate requires the wisdom of Solomon and the patience of Job. The not. fact is, Pennsylvania is fortunate to have someone of Mark's in­ Now it is time to welcome our Members and invite them into tegrity and professionalism. In addition to his role as Secretary the family. Today marks the beginning of a new era and a change and Parliamentarian and that of assisting the Presiding Officer, of how we do business. Thank you for listening, and God bless. Mark's job also entails certifying all Senate documents, presiding (Applause.) over the preparation and publishing of the Senate Calendar, the Senate history, the numbering and printing of all bills, the trans­ ELECTION OF SECRETARY mission of all bills passed by this Senate to the House of Repre­ OF THE SENATE sentatives, and overseeing and supervising the Senate library, the Chief Sergeant-at-Arms, the Senate bill room, the Senate print The PRESIDENT. The next order of business before the Sen­ shop, the Official Reporter's Office, and the Senate Page room. ate is the election of the Secretary of the Senate. 8 LEGISLATIVE JOURNAL — SENATE JANUARY 2,

All that power in Mark Corrigan. Unless we forget, Mark is often With that in mind, it is a pleasure for me to nominate the Hon­ called upon on short notice to serve as substitute Chaplain, and orable W. Russell Faber as the Chief Clerk of the Pennsylvania we always need his prayers. State Senate. Madam President, it is my distinct honor once again to second The PRESIDENT. The Chair recognizes the gentlewoman the nomination of Mark R. Corrigan to serve as Secretary of our from Montgomery, Senator Connie Williams. Senate. Thank you. Senator C. WILLIAMS. Madam President, I have the pleasure of seconding the nomination to reelect W. Russell Faber, a gen­ NOMINATIONS CLOSED tleman of integrity, to the position of Chief Clerk of the Senate of Pennsylvania. He is a steadfast guardian of fiscal accountabil­ The PRESIDENT. Are there any other nominations or sec­ ity in the Senate. Serious in his duties, and he carries out his job onds? If not, the Chair will now declare the nominations for Sec­ under circumstances unlike any found in any private industry, retary of the Senate closed. patiently answering and addressing the needs of 50 very impor­ The candidate for the office of the Secretary of the Senate is tant Senators. Russ is very detail oriented, and under his leader­ Mark R. Corrigan of Dauphin County. All those in favor of Mark ship, the Senate's financial operations have been modernized and Corrigan for the office of Secretary will please say "aye"; those streamlined using sound business practices. His efforts make our opposed, "no." jobs easier, representing the people who have elected us to serve A voice vote having been taken, the question was determined them. We are all grateful for his dedication to fiscal conserva­ in the affirmative. tism, and it is without hesitation that I second the nomination of The PRESIDENT. The Chair now declares Mark R. Corrigan W. Russell Faber to be Chief Clerk. unanimously elected Secretary of the Senate. (Applause.) NOMINATIONS CLOSED

ELECTION OF CHIEF CLERK The PRESIDENT. Are there any other nominations or sec­ OF THE SENATE onds? If not, the Chair will now declare the nominations for Chief Clerk of the Senate closed. The PRESIDENT. The next order of business before the Sen­ The candidate for the office of Chief Clerk of the Senate is W. ate is the election of the Chief Clerk of the Senate. Russell Faber of Dauphin County. All those in favor of W. Rus­ The Chair recognizes the gentleman from Lehigh, Senator sell Faber for the office of Chief Clerk will please say "aye"; Browne. opposed, "no." Senator BROWNE. Madam President, happy new year to you A voice vote having been taken, the question was determined and to Members and their families. in the affirmative. Madam President, every organization, both public and private, The PRESIDENT. The Chair now declares W. Russell Faber has great people working behind the scenes to ensure that the unanimously elected Chief Clerk of the Senate. product or service they provide is of the utmost quality. This (Applause.) great group of people, of course, has leadership whose tremen­ dous knowledge and organizational skills provide them with, like OATH OF OFFICE ADMINISTERED the mdder of a great ship, a steady hand to help the organization TO THE SECRETARY-ELECT AND arrive at its destination or achieve its goals. For the Pennsylvania THE CHIEF CLERK-ELECT State Senate, over many years, this leader has been our friend, Russ Faber. The PRESIDENT. The Secretary-elect and Chief Clerk-elect We all know Russ to be a man of tremendous integrity and will approach the bar of the Senate in order that the oath may be keen knowledge of the mles and procedures that govern this administered. Chamber, institutional knowledge that is absolutely invaluable Once again, I wish to call on Judge Fisher to administer the for performing the people's business. With his leadership, we are oath of office to our newly elected Officers. able to create public policy in the most efficient way possible, Please rise. and have the facilities and tools to provide services to our con­ Judge FISHER. Gentlemen, please place your left hands on stituents back home. your Bibles, raise your right hands and repeat after me: On a personal note, in my 10 years in the House I used to hear I, (Mark R. Corrigan and W. Russell Faber), do solemnly the phrase "Clerk of the Senate," "Clerk of the Senate," on a swear that I will support, obey, and defend the Constitution of the consistent basis, and it was easy to figure this guy must have United States and the Constitution of this Commonwealth, and been a real important person. I had a chance to work with Russ that I will discharge the duties of my office with fidelity. as a fellow accountant on the Legislative Budget and Finance Congratulations. Committee, and it became obvious to me very soon why he was (Applause.) an important person, because every time we had a problem or needed advice, everyone's head turned to Russ. He is important SPECIAL ORDER OF BUSINESS because he has the institutional knowledge that is necessary to SENATE RESOLUTIONS ADOPTED get things done in Pennsylvania State government. Senators PILEGGI and MELLOW, by unanimous consent, offered Senate Resolution No. 1, entitled: 2007 LEGISLATIVE JOURNAL — SENATE

A Resolution extending condolences on the passing of Gerald R. Senators PILEGGI and MELLOW, by unanimous consent, Ford, the 38th President of the United States. offered Senate Resolution No. 2, which was read, considered, WHEREAS, Gerald R Ford was bom in Omaha, Nebraska, on July and adopted by voice vote: 14, 1913; and A Resolution providing for broadcasting of Senate floor activity. WHEREAS, Gerald R. Ford passed away on December 26, 2006, in Rancho Mirage, California, at 93 years of age; and WHEREAS, Broadcasting of Senate floor activity is in the public WHEREAS, Gerald R. Ford served in World War II and became interest; therefore be it the Congressman fromGran d Rapids, Michigan, serving in the House RESOLVED, That this resolution represent the ongoing recommen­ of Representatives from 1949 until October 1973; and dations of the Committee on Management Operations as heretofore WHEREAS, As a result of the resignation of Vice President Spiro submitted providing for broadcasting of sessions of the Senate; and be Agnew, Gerald R. Ford, on October 10, 1973, became the first Vice it further President chosen under the terms of the Twenty-fifth Amendment to the RESOLVED, That except as provided in this resolution, filming, Constitution of the United States; and videotaping, televising or broadcasting of any session of the Senate be WHEREAS, Gerald R. Ford assumed the Presidency on August 9, prohibited and that violation of this resolution be dealt with as the Com­ 1974, as a result of the resignation of Richard M. Nixon, the first Presi­ mittee on Rules and Executive Nominations shall direct; and be it fur­ dent to resign; and ther WHEREAS, Gerald R. Ford, as the 38th President of the United RESOLVED, That television and radio coverage of session pro­ States, led our nation during a difficult time in the aftermath of the ceedings in the Senate Chamber be authorized on a continuing basis; Watergate scandal; and and be it further WHEREAS, President Ford, in spite of great controversy, believed RESOLVED, That coverage provide a complete unedited record of that it was in the best interest of the nation to pardon Richard M. Nixon what is said on the floor of the Senate, be an informative documentary for any crimes he may have committed against the United States; and and not a staged performance, and be free from commentary; and be it WHEREAS, President Ford was faced with the task of nominating further a new Vice President, reviving a depressed economy, mastering infla­ RESOLVED, That to the extent possible only the presiding officer tion, solving chronic energy shortages and maintaining the nation's and the persons actually speaking be covered by the cameras during the international power and prestige after the collapse of Cambodia and proceedings and debate; and be it further South Vietnam; and RESOLVED, That, during roll call votes and other votes, the cam­ WHEREAS, President Ford faced two assassination attempts occur­ eras be focused on the presiding officer or the appropriate clerks until ring within three weeks of each other in September 1975; and the announcement of the vote tabulation by the presiding officer; and be WHEREAS, President Ford was married to the former Betty it further Bloomer Warren, who as First Lady became known for her outspoken­ RESOLVED, That during recesses of the Senate or when the Sen­ ness and advocacy for women's rights and her openness about personal ate is at ease, cameras shall be turned off; and be it further struggles with breast cancer and addiction to alcohol and pain medica­ RESOLVED, That the Chief Clerk consult with the Secretary of the tion; and Senate in developing, maintaining and enhancing television and radio WHEREAS, Through his courage in pardoning his predecessor and coverage; and be it further his reputation as one of the nicest and most decent Presidents, President RESOLVED, That the Chief Clerk be responsible for the acquisi­ Ford conveyed the strength of character and greatness of America; tion, installation and maintenance of equipment and for the continued therefore be it development and operation of the television broadcast, including the RESOLVED, That the Senate of the Commonwealth of Pennsylva­ hiring of the necessary personnel; and be it further nia honor Gerald R. Ford's years of service and love of country and with RESOLVED, That all equipment be operated by Senate personnel profound sorrow extend condolences to the family of President Ford; so that the Senate can more effectively supervise the broadcasts and and be it further prevent disruption of the normal proceedings; and be it further RESOLVED, That a copy of this resolution be transmitted to the RESOLVED, That any changes in the provisions established by Gerald R. Ford Foundation, 303 Pearl Street NW, Grand Rapids MI this resolution be made only by Senate resolution but that the Commit­ 49504-5353. tee on Management Operations have the continuing authority to adopt regulations which do not contravene this resolution as it deems neces­ On the question, sary to ensure the proper availability of television and radio coverage of Will the Senate adopt the resolution? Senate proceedings; and be it further RESOLVED, That continuous broadcast of the sessions of the Senate be provided free of charge to any licensed television or radio The PRESIDENT. The Chair recognizes the gentleman from station or cable television outlet but that the Committee on Management Delaware, Senator Pileggi. Operations may, however, authorize other entities, such as government Senator PILEGGI. Madam President, the resolution honors agencies and universities, to receive broadcasts; and be it further RESOLVED, That the Committee on Management Operations be the life and service of the 38th President of the United States, authorized to direct that a copyright application be filed with the Regis­ Gerald R. Ford. Those Senators who wish to cosponsor this reso­ ter of Copyrights, Copyright Office, Library of Congress, Washington, lution may do so by contacting the Secretary of the Senate. DC, to determine the subject matter of activity in the Senate which may be protected by copyright laws and copyrighted to the extent permitted by applicable law; and be it further And the question recurring, RESOLVED, That no television or radio coverage be used or made Will the Senate adopt the resolution? available for political or campaign purposes, whether in paid political broadcasts or otherwise and that use of the coverage so provided be The PRESIDENT. All those in favor of the resolution will subject to all Federal and State laws relating to elections and campaign practices; and be it further please rise in a moment of silence. RESOLVED, That no part of such coverage or any recording (Whereupon, the Senate en bloc stood in a moment of silence thereof be used in any commercial advertisement; and be it further in solemn respect to the memory of President GERALD R. RESOLVED, That any live coverage be without and presented FORD.) without any commercial sponsorship, except when it is part of a bona fide news program, public affairs program or a show produced with a The PRESIDENT. The Chair declares the resolution unani­ legislative purpose by Senate employees for members in their official mously adopted. capacity; and be it further 10 LEGISLATIVE JOURNAL — SENATE JANUARY 2,

RESOLVED, That nothing in any contract entered into by the Of­ A Resolution providing for the adoption of Financial Operating fice of the Chief Clerk regarding installation or maintenance of equip­ Rules of the Senate. ment shall permit any control over microphones in the Senate Chamber to be exercised by anyone but the appropriate Senate officers and em­ RESOLVED, That Financial Operating Rules of the Senate be ployees; and be it further adopted for the government of the 191th and 192nd Regular Session RESOLVED, That the President pro tempore, any other presiding until amended, repealed or otherwise altered or changed. officer and any member, officer or employee of the Senate be prohibited (2007-2008) from editing any portion of the broadcast and that the President pro FINANCIAL OPERATING RULES OF THE SENATE tempore or any other presiding officer be prohibited from ordering, I. PERSONNEL without consent of the Senate, that any segment of a floor session not 1. Central Office. be broadcast or recorded; and be it further The office of the Chief Clerk of the Senate shall serve as the central RESOLVED, That funding for the implementation and operation office of the Senate for all personnel and payroll matters. of the broadcasting system be provided through such Senate appropria­ 2. Employees of the Senate. tions as are designated by the President pro tempore. (a) Personnel Files. Before any person is placed on any payroll of the Senate, there must be in the office of the Chief Clerk a payroll file containing: Senators PILEGGI and MELLOW, by unanimous consent, (1) Full name of employee. offered Senate Resolution No. 3, which was read, considered, (2) Full address including county. and adopted by voice vote: (3) Date of employment/termination/or job transfer. (4) Actual functional job title or description to include general A Resolution adopting Rules of the Senate providing for a transi­ hours of work, general job responsibilities and job location. tion regarding regulation of the practice of lobbying. (5) The name of the Senator or Officer responsible for moni­ toring the employee's performance. WHEREAS, The Constitution of Pennsylvania recognizes the prin­ (6) Letter of appointment signed by the authorizing Senator or ciple that all free government is founded upon the authority of the peo­ Officer including a delineation of the account from which the em­ ple; and ployee is to be paid. WHEREAS, The Constitution of Pennsylvania further provides that (7) The current compensation level with signature approval of the power to make law in this Commonwealth is vested in the General the authorizing Senator or Officer. Overtime payments may be .Assembly; and authorized only in emergency maintenance and security situations WHEREAS, The General Assembly passed, and the Governor with the signature approvals of the Senator or Officer responsible signed, the addition of 65 Pa.C.S. Ch. 13A (relating to lobbying disclo­ for monitoring performance, the authorizing Senator or Officer and sure); and the President Pro Tempore. WHEREAS, The ability of the people to exercise their fundamental (8) All information necessary for tax withholding and benefit authority and to have confidence in the integrity of the process by which eligibility. laws are made in this Commonwealth demands that the identity and the (9) Employment Eligibility Verification Form. scope of activity of those employed to influence the actions of the Sen­ (b) Maintenance of the Personnel Files. ate be publicly and regularly disclosed; and It is the responsibility of the Chief Clerk to develop procedures WHEREAS, Under Article II, section 11 of the Constitution of necessary to maintain this payroll file information on a current basis. All Pennsylvania, the Senate has the power and prerogative to govern prac­ payroll changes shall be reflected by the next appropriate payroll period tices and proceedings before it, including the authority to regulate per­ providing said change is received in the office of the Chief Clerk prior sons employed to influence the actions of the Senate; and to processing of the payroll. WHEREAS, Pursuant to Senate Resolution No. 2, Printer's No. 2 (c) Reclassification of Employees. (2005), the Senate adopted Rules relating to the practice of lobbying Any reclassification of employees under the Senate of Pennsylvania which provided for the filing of quarterly expense reports with the Pay Management Plan shall be submitted by the Member or Officer Secretary-Parliamentarian; and authorizing such reclassification to the Committee on Management WHEREAS, It is in the public interest to avoid any interruption in Operations for approval or disapproval. The Committee on Management reporting of lobbying expenses during the transition to the implementa­ Operations is authorized to establish a bi-partisan subcommittee to tion of 65 Pa.C.S. Ch. 13A; therefore be it consider and approve or disapprove all such requests subject to an ap­ RESOLVED, That expense reports pursuant to Senate Resolution peal by the Member or Officer for consideration of the reclassification No. 2, Printer's No. 2 (2005), shall be filed with the Secretary-Parlia­ by the Committee on Management Operations. mentarian by those who were registered as lobbyists during October 3. Personal Service Contracts. 2006 and November 2006 for expenses incurred during the calendar (a) Personal Service Contract Files. quarter commencing October 1, 2006, and ending December 31, 2006; For any person retained on a contractual basis by any Officer or and be it further Member of the Senate, there shall be in the office of the Chief Clerk a RESOLVED, That the 2006 expense reports required under this file containing: resolution shall be filed by January 31, 2007; and be it further (1) A copy of the contract signed by the authorizing Senator RESOLVED, That lobbyists be required to register and report all or Officer including: expenses incurred after December 31, 2006, in accordance with 65 (i) Full name, address, including county and social secu­ Pa.C.S. Ch. 13A (relating to lobbying disclosure); and be it further rity number of person (or Federal tax identification number) RESOLVED, That the administrative, enforcement and penalty from whom the services are contracted. provisions contained in sections 5 through 8 of Senate Resolution No. (ii) Duration of the contract. No contract may extend be­ 2, Printer's No. 2 (2005), be readopted and continue in effect in order yond the expiration of the term of the Member or Officer. to ensure compliance with Senate Resolution No. 2 and this resolution; (iii) Cost of the contract and terms of payment. and be it further (iv) Clear, detailed description of the type of service to be RESOLVED, That the remainder of the provisions contained in performed or product to be delivered. Senate Resolution No. 2, Printer's No. 2 (2005), have no effect after (2) The name of the Senator or Officer responsible for moni­ December 31, 2006, unless otherwise stated in this resolution. toring the contractor's performance. (b) Contract Review. Senators PILEGGI and MELLOW, by unanimous consent, All personal service contracts shall be submitted to the Chief Clerk offered Senate Resolution No. 4, which was read, considered, for review and approval regarding conformity with applicable laws and rules. and adopted by voice vote: (c) Payment. 2007 LEGISLATIVE JOURNAL — SENATE 11

Payments under contract shall be made in accordance with provi­ payments under Rule II. 1. (a) shall be as set forth by law. sions of the contract provided that a voucher for such payment is re­ (4) Out-of-State Travel. ceived in the office of the Chief Clerk before the applicable processing (i) Nonmember Officers of the Senate and their employ­ deadline. Contractor performance shall be reviewed by the monitoring ees may claim expenses for travel outside the Commonwealth, individual designated pursuant to Rule I.3.(a)(2), who under conditions provided that such travel is approved in the manner described of satisfactory performance and conformity to the contract shall approve in Rule XI. All claims for Members' and employees' travel the voucher prior to processing. outside the Commonwealth shall be filed with the Office of the 4. Authorized Accounts. Chief Clerk in the manner described in Rule XI. Salaries, wages and related benefits shall be paid from accounts so (ii) Members of the Senate may claim expenses for travel authorized by the General Appropriation Act. Such accounts also may outside the Commonwealth provided that the travel is neces­ pay expenses related to personal service contracts. sary to attend a conference, seminar or meeting regularly or II. TRAVEL ALLOWANCES AND REIMBURSEMENTS specially scheduled by an organization which conference, sem­ 1. Member Travel. inar or meeting has a legislative purpose. Members shall sub­ Travel allowances or reimbursements may be paid to a Member mit a copy of a registration and agenda, in addition to any who is engaged in travel in the performance of legislative duties. Travel other documentation required by these rules. payments may be claimed in connection with the following: (iii) Members of the Senate may also claim expenses for (1) One round trip between home district and Harrisburg for travel outside the Commonwealth when the travel has a legis­ each week a Member is in actual attendance at a session of the lative purpose, but is not for attending a conference, seminar Senate ("Session Mileage"). or meeting, provided the purpose is approved by the Commit­ (2) Round trip travel between home district and Harrisburg for tee on Management Operations, and provided further that ap­ other legislative activities. proval is not required for legislative business in Washington, (3) All travel on intradistrict and interdistrict legislative busi­ DC. ness. (b) No Duplication. (4) All travel to attend committee meetings, hearings, confer­ (1) Session Mileage. Members claiming reimbursement for ences and seminars. travel expenses associated with attendance at a legislative session 2. Employee Travel. shall reduce such claim by an amount equal to the "session mile­ Travel reimbursement may be paid to employees engaged in travel age" entitlement for the same period. from their work place to the place of legislative business provided that (2) Reimbursement From One Source. If a Member or em­ the travel is necessary for the performance of official business. Except ployee is entitled to reimbursement from more than one source for as provided in Rule II.3., members and employees are not authorized to legislative business performed on behalf of more than one commit­ lease vehicles on a long-term basis, and no payments will be made with tee or group, payment shall be received from only one source. respect to long-term lease vehicle expenses incurred by members or 5. Documentation. employees except with respect to long-term lease arrangements entered (a) Expense Voucher. into by a member prior to August 31,2006, payments for which shall be All requests for travel payments must be made on an expense made in accord with the Rules in place on August 31, 2006. When away voucher showing: from the Harrisburg area and from their work place, employees may rent (1) Dates of travel. cars on a short-term basis for a period not in excess of that needed to (2) Legislative purpose of travel described in reasonable speci­ carry out official business. ficity. Claims for out-of-State travel shall also include such infor­ 3. Rental of Vehicle or Conveyance. mation as may be required under Section 4.(a). (a) Short-Term Rental of Vehicle or Conveyance. (3) The number of miles traveled when claiming reimburse­ A Member whose long-term rental is unavailable may be reim­ ment on a mileage basis. Such mileage claims also should reflect an bursed the actual legislative percentage expenses for a short-term rental. itinerary including point of origin, furthest destination, and inter­ A Member or employee who rents a vehicle or conveyance on a short- mediate points and the legislative purpose of the trips. term basis (other than a Member's temporary replacement of a long-term (b) Receipts. rental) may be reimbursed only on an actual cost basis for the legislative Receipts must be submitted to support the cost associated with percentage of rental payments and expenses of operation. claims for: (b) Vehicle Rental by Chief Clerk. (1) Travel by common or chartered carrier. The Chief Clerk is authorized to lease such vehicles as deemed (2) Leased vehicle or conveyance operation. Receipts for gas­ necessary by the Senate Committee on Management Operations for the oline and maintenance shall include the license number of the vehi­ operation of the Senate. The actual expenses of the lease and operation cle and the location of the purchase. In addition, a copy of such shall be paid by the Senate's Incidental Expense Account. The Chief lease must be on file with the Office of the Chief Clerk. Clerk is also authorized to enter into a master lease agreement with the (3) Parking, limousine, toll charges and other miscellaneous Department of General Services for the long-term lease of automobiles incidental items when any of these items exceed $10. to be used by Members of the Senate. Rules relating to the payment of 6. Authorized Accounts. expenses relating to vehicles leased through the Department of General Travel payments can be made from any of the following accounts. Services to be used by Members of the Senate shall be promulgated by Long-term vehicle or conveyance rental payments may be made from all the Senate Committee on Management Operations. accounts except (3), (6) and (9). Authorized accounts are: 4. Allowable Transportation Expenses. (1) Leadership Operations Accounts. (a) General. (2) Appropriations Committee Accounts. (1) Common or Chartered Carrier. A Member or employee (3) Legislative Management Committee Accounts, exclusive may be reimbursed for reasonable actual costs of carriage when of expenses for leased car. traveling by common or chartered carrier, including expenses for (4) Senators' Legislative Accountable Expense Accounts. parking, taxis, limousines and tolls. Claims for payment based on (5) Contingent Accounts. miles traveled cannot be paid. (6) Senators' Mileage and Expense Accounts for "session (2) Personal Vehicle and Noncommercial Conveyance. A mileage" travel. Member or employee who uses a personal vehicle may be reim­ (7) Incidental Expense Account. bursed on such mileage basis as may be established by the Senate (8) Caucus Operations Accounts. Committee on Management Operations. Reimbursement for use of (9) Committee and Contingent Expenses Accounts. other noncommercial vehicles or noncommercial aircraft shall be III. MEALS AND LODGING made on such basis as may be established by the Senate Committee 1. General. on Management Operations. A Member may receive payments attributable to ordinary and nec­ (3) Session Mileage. The mileage rate for Session Mileage essary expenses for meals, lodging and incidental items provided that 12 LEGISLATIVE JOURNAL — SENATE JANUARY 2,

the Member is engaged in the performance of legislative duties. De­ ity in which the Member or employee was engaged and must submit a pending on the nature and location of the activity, as explained below, vendor or credit card receipt or invoice for each item exceeding $10. payments may be made in one of the following forms: per diem allow­ (c) Lodging Rental. ance; reimbursement for actual costs incurred; or, in the case of lodging A copy of each lease must be on file with the Office of the Chief rental payments, a combination of partial per diem allowance and reim­ Clerk. A Member must submit a voucher and, if appropriate, an invoice bursement of the cost of lodging rental. or receipt for any related expenses. 2. Lodging Rental in the Harrisburg Area. 10. Authorized Accounts. A Member who resides outside of Harrisburg and who rents lodg­ (a) Attendance at Sessions. ing in the Harrisburg area may claim payments for the cost of the lodg­ Payments shall be made from the Incidental Expense Account for ing lease and related expenses. No lodging rental payments will be made authorized Per Diem Allowances only for attendance at sessions of the for any period after a Member's term expires. Senate during which roll call votes are recorded. 3. Per Diem Allowance. (b) Lodging Rental Payment. (a) Per Diem Entitlement. Payments shall be made from Senator's Legislative Accountable A Member is entitled to receive a per diem allowance for each day Expense Account for lodging rental payment. the Member is in the performance of legislative duties while in the Har­ (c) Authorized Accounts. risburg area (defined as within Dauphin County or otherwise within a Payment may be made from the following accounts for other autho­ 10-mile radius of the Capitol) or elsewhere in the Commonwealth but rized per diem meal and lodging claims: away from home. Specific legislative duties include attendance at ses­ (1) Leadership Operations Accounts. sions of the Senate, attendance at official committee meetings and par­ (2) Appropriations Committee Accounts. ticipation in all other activities necessary or appropriate to the carrying (3) Legislative Management Committee Accounts. out of the responsibilities of the Member. Payment of a per diem allow­ (4) Senators' Legislative Accountable Expense Accounts. ance is authorized only when the legislative duties performed by the (5) Contingent Accounts. Member occur more than 50 miles from the Member's residence. (6) Incidental Expense Account. (b) Types of Per Diem Allowance. (7) Caucus Operations Accounts. (1) Full Per Diem. A full per diem allowance not to exceed (8) Committee and Contingent Expenses Accounts. such amount as maybe established by the Senate Committee on IV. EQUIPMENT AND FURNISHING CONTROL Management Operations may be claimed as an allowance for meals AND INVENTORY and lodging. 1. Purchases, Improvements, Renovations. (2) Partial Per Diem. A Member who claims the cost of lodg­ The Office of the Chief Clerk shall act as the sole agent for im­ ing rental as provided in Rule III.2., may not receive a full per diem provements or renovations to Senate facilities at the Capitol Complex allowance except when the per diem entitlement derives from atten­ and for the purchase, rental, control and inventory of durable equip­ dance at official committee meetings outside of the Harrisburg area. ment, furniture and fUmishings with a useful life of one year or more When the per diem entitlement derives from the performance in the and a cost greater than the limit established by the Committee on Man­ Harrisburg area of the specified legislative duties set forth in Rule agement Operations for utilization in both the Capitol and District Of­ III.3.(a), a Member may receive a partial per diem allowance up to fices. Nonrecoverable items including, but not limited to, carpeting, an amount established by the Senate Committee on Management draperies and air conditioners for use in and improvements or renova­ Operations for meals and incidentals. tions to district office facilities shall be purchased pursuant to standards 4. Actual Costs. developed by the Senate Committee on Management Operations. The A Member may claim actual costs for lodging, meals and other Chief Clerk shall serve as the sole agent for the purchase of United incidental items incurred in the performance of legislative duties. Ex­ States and Pennsylvania flags. pense claims for costs of lodging, meals and other incidental expenses 2. Approval of Purchase or Rental. incurred in the performance of legislative duties outside of the Com­ All requests for the purchase or rental of such equipment, furniture monwealth may be reimbursed on an actual expense basis or through a and furnishings must be reviewed and approved by the Chief Clerk. per diem allowance. 3. Member/Officer Inventory. 5. Employees'Travel. All approved requests shall be processed by the office of the Chief If an employee is engaged in travel away from the normally as­ Clerk, which shall maintain a full and current inventory of all durable signed place of work necessary for the performance of official business, equipment, furniture and furnishings secured on behalf of a Member, the employee may be reimbursed for reasonable actual cost of lodging, Officer or employee of the Senate. meals and other incidental items. For rules regarding out-of-State travel, 4. Pricing and Service. see Rule XI. The Chief Clerk shall take all necessary and reasonable steps to 6. Payment From One Source. ensure that the purchase or rental of durable equipment, furniture and If a Member is entitled to a meal and lodging claim from more than furnishings with a useful life of one year or more and a cost greater than one source for legislative business performed on behalf of more than the limit established by the Committee on Management Operations shall one committee or group, payments shall be received from only one be transacted at the lowest available price for the quality, compatibility, source. availability and service of the items being purchased or leased. 7. Review. 5. Dissemination of Literature. All authorized and approved meals and lodging claims shall be The Secretary of the Senate shall provide for the publication and reviewed for inadvertent duplication by the Office of the Chief Clerk dissemination of educational or informational literature pertaining to the prior to processing and payment. Senate of Pennsylvania, the Commonwealth of Pennsylvania or the 8. Record Keeping. Government of the United States. Where a per diem allowance or reimbursement is paid by a legisla­ 6. Public Inspection of Records. tive service agency coflmded between both Houses of the General As­ All vouchers and requisitions approved by the Secretary of the sembly, a copy of the approved claim shall be furnished to the Office of Senate and the Chief Clerk pursuant to this Rule shall be considered the Chief Clerk. public records and be available for public inspection in the manner 9. Documentation. provided in Rule XII. (a) Per Diem Allowance. 7. Documentation Required. For payment of a per diem allowance, a Member must submit a (a) Request for Purchase or Rental Showing: voucher showing the date, the legislative activity in which the Member (1) Date of request. was engaged on that date, and the location of the activity. (2) Item requested. (b) Actual Expenses of a Member or an Employee. (3) By whom request made. For payment of actual expenses, a Member or employee must sub­ (4) Purpose. mit a voucher showing the date, amount, place and the legislative activ­ (5) Signature approvals. 2007 LEGISLATIVE JOURNAL — SENATE 13

(6) Record of Rule IV.4. actions taken, (3) Senators' Legislative Accountable Expense Accounts. (b) Vendor's invoice or receipt detailing: (4) Contingent Accounts and Incidental Expense Accounts. (1) Date of purchase or rental. (5) Leadership Operations Accounts, exclusive of office (2) Vendor's identity. rental. (3) Description of item purchased or rented. (6) Appropriations Committee Accounts, exclusive of office (4) Length of rental contract when applicable. rental. (5) Cost and payment terms of the purchase or rental. (7) Legislative Management Committee Accounts, exclusive 8. Authorized Accounts. of office rental. (a) Legislative and Printing Expense Account as provided in Gen­ (8) Caucus Operations Accounts, exclusive of office rental. eral Appropriations Act. (9) Committee and Contingent Expenses Accounts, exclusive (b) The account as provided in the General Appropriations Act for of office rental. the purchase of flags. VII. OFFICIAL EXPENSES (c) Senators' Legislative Accountable Expense Accounts for the 1. General. purchase of flags and for the rental of durable equipment, furniture and While engaged in the performance of legislative duties, a Member, furnishings. Officer or employee expressly authorized by a Member may claim ac­ V. DISTRICT OFFICE EXPENSES tual expenses as set forth below. 1. Authorized Expenses. 2. Participation in Conferences and Seminars. Expenses authorized shall include: Expenses, such as registration fees, incurred in participating in (a) Aggregate office rental in accordance with policies as may be legislative conferences and seminars may be claimed. Related travel established by the Senate Committee on Management Operations. expenses incurred are discussed in Rule II. Related meals and lodging Whenever a Member or any of his immediate family has an equity inter­ expenses incurred are discussed in Rule III. est in a district office, the Chief Clerk shall obtain an independent ap­ 3. Conducting Meetings. praisal of the office rental cost. Expenses attributable to conducting legislative meetings may be (b) Insurance claimed. Such expenses may include: food and refreshment, meeting (c) Printing services. room rental, and incidental items. (d) Telephone and answering services. 4. Official Entertainment. (e) Postage and mailing services. Expenses incurred in connection with official entertainment may be (f) Publications and subscriptions. claimed. Such expenses may include: meals, refreshments, and related (g) Nondurable supplies. items which are ordinary to the performance of a Member's legislative (h) Member, employee and visitor parking. duties, and for which there is a legislative purpose. In general, these (i) Janitorial maintenance and cleaning services. entertainment expenses will be incurred during, immediately preceding (j) Utility services. or immediately following a substantial and bona fide legislative busi­ (k) Other items authorized for expenses as defined in the General ness discussion. Appropriations Act and policies of the Senate Committee on Manage­ 5. Documentation. ment Operations. (a) Participation in Conferences and Seminars. 2. Documentation Required. Vouchers shall show the amount, date, place and legislative pur­ A copy of the district office lease indicating the amount and pay­ pose. Registration or other receipts must be attached. ment terms shall be maintained in the office of the Chief Clerk and shall (b) Conducting Meetings. be available for public inspection in the manner provided in Rule XII. Vouchers shall show or reference to records which show the Such copy may be referenced on the voucher and serve as appropriate amount, date, place and legislative purpose. Restaurant, hotel, or credit documentation of the expense. Vouchers appropriately documenting card receipt or invoices must be attached. expenses and legislative purpose for each expenditure. Receipts or in­ (c) Official Entertainment. voices shall be included for all expenditures in excess of $25 per occur­ Vouchers shall show or reference to records which show the rence. amount, date, place, legislative purpose and if claimed by a Member, the 3. Authorized Accounts. portion of the amount attributable to his entertainment expense. Restau­ Accounts authorized include: rant, hotel or credit card receipt or invoices must be attached. (1) Senators' Legislative Accountable Expense Accounts. (d) Claims by Nonofficer Employees. (2) Chief Clerk Employees' Salary and Expense Account. Vouchers involving any official expenses claimed by nonofficer (3) Legislative and Printing Expense Account. employees shall reflect the formal authorization by a Member. VI. CAPITOL OFFICE EXPENSES 6. Authorized Accounts. 1. Types of Expenses Authorized. Payments shall be made from the following accounts: Expenses authorized shall include: (1) Leadership Operations Accounts. (1) Utility services. (2) Appropriations Committee Accounts. (2) Insurance. (3) Legislative Management Committee Accounts. (3) Printing services. (4) Senators' Legislative Accountable Expense Accounts. (4) Telephone and answering services. (5) Contingent Accounts. (5) Postage and mailing services. (6) Incidental Expense Account. (6) Publications and subscriptions. (7) Caucus Operations Accounts. (7) Nondurable supplies. (8) Committee and Contingent Expenses Accounts. (8) Employee parking. VIII. SPECIAL EXPENSES (9) Janitorial maintenance and cleaning services. 1. Authorized Expenses. (10) Other items authorized for expenses as defined in the Expenses authorized include: General Appropriations Act. (a) Flowers, baskets of fruit or other appropriate items or memorial 2. Documentation Required. contributions to designated charities not to exceed $35 or such other Documentation required shall include vouchers appropriately docu­ amount as may be established by the Senate Committee on Management menting expenses and legislative purpose for each expenditure. Receipts Operations. Recipients are limited to instances of death or illness for or invoices shall be included for all expenditures in excess of $25 per Members, Officers, employees or their immediate families, or former occurrence. Members or their immediate families or dignitaries including both in­ 3. Authorized Accounts. cumbent or former elected or appointed officials or their immediate Accounts authorized include: families. (1) Legislative Printing and Expense Account. (b) Rental of common carrier and other expenditures inherent (2) Postage Account of Chief Clerk (for postage only). thereto for attendance at funerals of a Member or members of a Mem- 14 LEGISLATIVE JOURNAL — SENATE JANUARY 2,

ber's immediate family, former Members, dignitaries, or Officers. XII. LIST OF EMPLOYEES; DOCUMENT ACCESS 2. Documentation Required. 1. Publication and Distribution. Documentation required shall include receipt, vendor invoice and (a) The Chief Clerk shall have published quarterly and shall mail general invoice showing: recipient, instance, description of items deliv­ to each Member's residence a listing of all employees of the Senate or ered, date delivered and cost. any of its Officers, Committee Chairmen, and Members and all persons 3. Authorized Accounts. holding purchase of service contracts with the Senate or any of its Offi­ Payment shall be made only from Contingent Accounts or the Inci­ cers, Committee Chairmen and Members. The list for employees shall dental Expense Account. contain the full name of the employee, county of residence, the job title IX. MISCELLANEOUS EXPENSES OF STANDING of the employee, the compensation of the employee, and the name of the AND SPECIAL COMMITTEES Member or Officer for such employee. For individuals holding purchase 1. Committee Proceedings. of service contracts with the Senate, the list shall contain the name of Rental of meeting rooms and hearing facilities and payments to the contractor, the address of the contractor, a statement of the nature of qualified court reporters or stenographers to record the proceedings the duties of the contractor, and the fee of the contractor as well as the authorized by the chairman of a standing or special committee of the name of the Member or Officer responsible for monitoring the perfor­ Senate, including the cost of transcripts. Witnesses served with a sub­ mance of the contractor. poena to testify before such proceedings shall be paid witness fees and (b) The list shall be submitted by February 1, for the quarter end­ travel expenses as provided by Section 5903 of the Judicial Code. ing December 31; by May 1, for the quarter ending March 31; by Au­ 2. Printing and Mailing. gust 1, for the quarter ending June 30; and by November 1, for the quar­ Committee printing and mailing costs for mailings relating to legis­ ter ending September 30. Said list shall also be updated on a monthly lative business. basis including additions and deletions and shall be available for public 3. Publications and Subscriptions. inspection in the office of the Chief Clerk. Publications and subscriptions. 2. Public Inspection of Vouchers and Requisitions. 4. Documentation Required. All vouchers and requisitions relating to all expenditures, expenses, Vouchers or vendors receipts or invoices stating vendor's name, disbursements and other obligations out of all appropriated funds of the services or amount of postage, date, place, and total amount due or paid. Senate shall be available for public inspection during regular business Postage purchases shall require a receipt stamped by the Postmaster. hours in the Office of the Chief Clerk or at such other location within 5. Authorized Accounts. the Capitol as the Chief Clerk shall prescribe. Accounts authorized include: 3. Request to Review Vouchers and Requisitions. (1) Legislative Management Committees Accounts. All requests to review payroll and independent contractor records (2) Leadership Operation Accounts. of the Senate or any other vouchers or requisitions for funds appropri­ (3) Appropriations Committee Accounts. ated to the Senate shall be made to the Chief Clerk, in writing, at least (4) Caucus Operations Accounts. three working days prior to the date on which the review is requested. (5) Committee and Contingent Expenses Accounts. The request shall be signed by the individual who will be making the X. COMMITTEE ON MANAGEMENT OPERATIONS review and it shall indicate the name of the person, organization or 1. Duties. entity the individual is representing. The request shall also include the In addition to duties imposed by law or otherwise by these rules, address and telephone number of the individual submitting the request. the duties of the Senate Committee on Management Operations shall be: The Chief Clerk shall establish a time during normal business hours for (1) To arbitrate a decision of the Secretary or Chief Clerk of the review to occur and he shall provide that the review shall not inter­ the Senate relating to these Rules, in the event that a Member, Offi­ fere with the necessary functioning of the Chief Clerk's Office. cer or employee shall disagree with a decision of the Secretary or 4. Photocopies of Records. Chief Clerk of the Senate. Photocopies of financial records maintained in the Office of the (2) To make a final decision in case of a dispute on a question Chief Clerk shall be limited to the vouchers which are normally submit­ of legislative intent or legislative purpose regarding an expenditure. ted by the Members on a monthly basis. Cost of copies will be deter­ (3) To make a continuing review of these Rules as to expendi­ mined by the Chief Clerk. tures and the reporting of expenditures, and, from time to time, to 5. Monthly Accounting of Other Disbursements. make such recommendations as are appropriate. For any appropriation to any Officer or Member for which the 2. Records. records are not maintained in the office of the Chief Clerk, the Officer A record of the committee's decisions shall be maintained. The or Member receiving the appropriation shall monthly file with the Chief Chief Clerk shall be responsible for maintaining such records. Clerk an accounting of all disbursements made from the fund which XI. OUT-OF-STATE TRAVEL shall include a separate listing for each expenditure and the address of 1. Request for Approval. the payee and which shall include as a minimum the information re­ No nonmember Officer of the Senate or any employee of any non- quired for public review by this section. Such accounting shall be filed member Officer shall be reimbursed nor shall any of his or her expenses monthly in the office of the Chief Clerk not later than 15 days after the be paid for any travel outside the Commonwealth unless such travel has end of the month. Such accounting shall be open for public inspection been approved by a majority of the membership of the Committee on as in the case of other records provided for herein. Management Operations. All requests for such approval shall be made XIII. PERSONNEL POLICIES to the Chief Clerk, and shall include information relating to the destina­ 1. Preparation of Rules and Regulations. tion, the estimated cost of such travel, the number of days involved, and The Senate Committee on Management Operations created pursu­ the relationship that the travel has to the duties of the Officer or em­ ant to Section 1.1 of Act No. 417 of 1967 is authorized to prepare and ployee making the request. In the case of an employee, the request shall adopt rules and regulations for uniform personnel policies and proce­ also be approved by the Officer. dures, job specification and pay plans including periodic increments for 2. Filing of Request. Senate Officers and employees. 2. Approval of Rules and Regulations. All such requests, whether approved or disapproved, shall be filed Each such rule or regulation or any amendment thereto shall be with the office of the Chief Clerk and shall be made available for public prepared in resolution form and shall be placed on the Senate calendar information on request to the Office of the Chief Clerk. for final approval or disapproval. The committee may when approved 3. Time Limit for Filing. by at least five Members of the committee including both Floor Leaders A copy of any request for reimbursement or for the payment of any implement such rules and regulations pending final Senate consider­ expenses relating to out-of-state travel by a Member or employee as­ ation of them. Such resolution shall have the force and effect of law in signed to a Member shall be filed with the Office of the Chief Clerk accordance with its terms when it has been approved by the full Senate. within 30 days of such travel. Copies of these requests shall be made XIV. ACCOUNTING AND OPERATIONS MANUAL available for public information on request of the Office of the Chief 1. Preparation and Approval. Clerk. The Chief Clerk shall prepare an Accounting and Operations Man- 2007 LEGISLATIVE JOURNAL — SENATE 15

ual with separate sections applicable to Members and their employees Parliamentarian of the Senate, or, if absent, by the Chief Clerk; and the and fund custodians. This Manual shall be submitted to the Senate fact of signing shall be entered in the Journal. Committee on Management Operations for its approval. (g) Decide all points of order, subject to appeal, giving, however, 2. Distribution. any Member called to order the right to extenuate or justify. Debate Upon approval applicable sections of the Accounting and Opera­ shall not be permitted unless there be an appeal from a decision of the tions Manual shall be distributed to all Members and Officers. A com­ President in which event the President shall submit the question to the plete manual shall be forwarded to the Legislative Audit Advisory Com­ whole Senate for decision. The President shall submit points of order mission. involving the constitutionality of any matter to the Senate for decision. 3. Maintenance and Updating. Questions of order submitted to the Senate may be debated. The Chief Clerk shall be responsible for maintaining and updating IV PRESIDENT PRO TEMPORE this manual as a result of revisions or amendments promulgated by the 1. (a) The Senate shall, at the beginning and close of each regular Senate Committee on Management Operations. session and at such other times as may be necessary, elect one of its XV. DURATION TO RULES Members President Pro Tempore, who shall perform the duties of the These rules shall be in full force and effect until altered, changed, Lieutenant Governor in any case of absence or disability of that officer, amended or repealed as provided herein. and whenever the office of Lieutenant Governor shall be vacant. (Const. XVI. CHANGES TO RULES Art. 2, Sec. 9) The consent of a majority of the Senators elected shall be necessary (b) The vote of a majority of the Members voting shall be required to alter, change or amend these rules. to elect a President Pro Tempore. Except at the beginning and close of XVII. PROCEDURE FOR CHANGING RULES each regular session, the Senate shall only elect a President Pro Tem­ All alterations, changes or amendments to these rules shall be by pore when the office has become vacant and the vote of the majority of resolution which shall not be considered until first referred to and re­ the Members elected shall be required to vacate the office of a seated ported from the Committee on Rules and Executive Nominations. President Pro Tempore. V DUTIES OF PRESIDENT PRO TEMPORE 1. The President Pro Tempore shall: Senators PILEGGI and MELLOW, by unanimous consent, (a) Appoint the Chairmen, Vice-Chairmen and members of the offered Senate Resolution No. 5, entitled: Standing Committees of the Senate as soon after the election of the President Pro Tempore as possible. A Resolution providing for the Rules of the Senate for the 191st (b) Appoint members to special committees whenever authorized. and 192nd Regular Session. (c) Fill all vacancies occurring in standing and special committees. (d) Refer to the appropriate standing committee, every bill and RESOLVED, That the following be adopted as the Rules of the joint resolution which may be introduced in the Senate or received from Senate for the governing of the 191st and 192nd Regular Session. the House of Representatives. Such referral shall be at the President Pro (2007-2008) Tempore's convenience but not later than the succeeding legislative day. RULES OF THE SENATE OF PENNSYLVANIA (e) Appoint and have under the President Pro Tempore's direction I SESSIONS such Senate employees as are authorized by law. Regular and Special (f) Vote last on all questions when occupying the Chair. 1. The General Assembly shall be a continuing body during the 2. The President Pro Tempore may: term for which its Representatives are elected. It shall meet at twelve (a) Name any Senator to preside in the absence of the President, or o'clock noon on the first Tuesday of January each year. Special sessions if both the President and President Pro Tempore are absent the Majority shall be called by the Governor on petition of a majority of the Members Leader, or the Majority Leader's designee, shall preside. The Majority elected to each House or may be called by the Governor whenever in his Leader, during such time, shall be vested with all powers of the Presi­ opinion the public interest requires. (Const. Art. 2, Sec. 4) dent. This authority shall not extend beyond a day's adjournment. Weekly VI OTHER OFFICERS 2. The Senate shall convene its weekly sessions on Monday, unless 1. Each House shall choose its other officers. (Const. Art. 2, Sec. the Senate shall otherwise direct. 9) II PRESIDENT VII DUTIES OF THE SECRETARY-PARLIAMENTARIAN The Lieutenant Governor shall be President of the Senate. (Const. 1. At the beginning of each regular session convening in an odd- Art. 4, Sec. 4) numbered year and at other times as may be necessary, the Senate shall III DUTIES OF THE PRESIDENT elect a Secretary-Parliamentarian of the Senate. 1. The President shall: 2. The Secretary-Parliamentarian of the Senate shall: (a) Take the chair on every legislative day precisely at the hour to (a) Assist the presiding officer in conducting the business of the which the Senate stands adjourned, immediately call the Senators to session. order, and on the appearance of a quorum proceed with the Order of (b) Act in the capacity of Parliamentarian. Business of the Senate. 3. The Secretaiy-Parliamentarian of the Senate shall, subject to the (b) While in session have general direction of the Senate Chamber. direction of the President Pro Tempore: It shall be the President's duty to preserve order and decorum, and, in (a) Direct the following functions: (1) amending bills in the Senate; case of disturbance or disorderly conduct in the Chamber or galleries, (2) preparing and publishing the Senate Calendar; (3) publication of the may cause the same to be cleared. When in the President's opinion there Senate History. (4) numbering Senate bills as they are introduced and arises a case of extreme disturbance or emergency the President shall, causing them to be distributed to the chairman of the committee to with the concurrence of the President Pro Tempore, the Majority and which they are referred and receiving a receipt for same; (5) printing of Minority Leaders, adjourn the Senate. Such adjournment shall not ex­ bills. tend beyond the limitation imposed by Article 2, Section 14 of the Con­ (b) Keep a record of the Senate action on a bill on a special record stitution. sheet attached to the bill after it has been reported from committee. (c) During debate, prevent personal reflections and confine Sena­ (c) Transmit all bills, joint resolutions, concurrent resolutions and tors, in debate, to the question. appropriate memorials to the House of Representatives within twenty- (d) Decide, when two or more Senators arise, who shall be first to four hours of final passage, and each shall be accompanied by a mes­ speak. sage stating the title to the measure being transmitted and requesting (e) In the presence of the Senate, within one legislative day after concurrence of the House. receipt or adoption, sign all bills and joint resolutions which have (d) Attest all writs, warrants and subpoenas issued by order of the passed both Houses after their titles have been read. Senate; certify as to the passage of Senate Bills and the approval of (f) Sign resolutions, orders, writs, warrants and subpoenas issued executive nominations. by order of the Senate. The signature shall be attested by the Secretary- (e) Be in charge of the Senate Library and assist Senators by mak- 16 LEGISLATIVE JOURNAL — SENATE JANUARY 2,

ing reference material available to them. on the Calendar not finally acted upon within ten leg­ (f) Perform any duties assigned to the Senate Librarian by any islative days shall be recommitted to the committee statute. which reported the same to the Calendar; any bill or (g) Supervise the Chief Sergeant-at-Arms, the Senate Bill Room, resolution on the Calendar which cannot, by its sta­ the Senate Print Shop, the Official Reporter's Office and the Senate tus, be recommitted shall be removed from the Calen­ Page Service. dar and laid on the table, unless the Senate shall oth­ 4. The Secretary-Parliamentarian of the Senate shall post each roll erwise direct. call vote taken in the Senate on the Internet website maintained by the Ninth - Consideration of Executive Nominations. Senate immediately, but in no case later than 24 hours after the vote. Tenth - Approval of Journals of preceding session days. Each roll call vote shall be posted in a manner which clearly identifies Eleventh - Unfinished Business. Reports of Committees. Con­ the bill, resolution or other subject of the vote. gratulatory and condolence resolutions. 5. The Secretary-Parliamentarian of the Senate shall post the Legis­ Twelfth - First consideration of bills reported from committee, lative Journal of the Senate on the Internet website maintained by the which, at this time, shall not be subject to amend­ Senate upon approval of the Journal or within 45 calendar days of each ment, debate or a vote thereon. session day, whichever is earlier. If the Secretary-Parliamentarian posts Thirteenth - Introduction of Petitions and Remonstrances. the Legislative Journal on the Internet website prior to Senate approval, Fourteenth - Announcements by the Secretary-Parliamentarian. the copy shall be marked "Official Reporter's Document." Fifteenth - Adjournment. VIII DUTIES OF THE CHIEF CLERK Special Order of Business 1. At the beginning of each regular session convening in an odd- 2. Any subject may, by a vote of a majority of the Members pres­ numbered year and whenever necessary, the Senate shall elect a Chief ent, be made a special order; and when the time so fixed for its consid­ Clerk of the Senate. eration arrives, the presiding officer shall lay it before the Senate. 2. The Chief Clerk shall be the chief fiscal officer of the Senate and XI ORDER AND DECORUM shall perform those duties prescribed in section 2.4 of the act of January Recognition 10, 1968 (1967 P.L.925, No.417), referred to as the Legislative Officers 1. Any Senator who desires to speak or deliver any matter to the and Employes Law. In addition the Chief Clerk, subject to the direction Senate shall rise and respectfully address the presiding officer as "Mr. of the President Pro Tempore, shall perform those powers and duties President" or "Madam President," and on being recognized, may ad­ prescribed in the Financial Operating Rules of the Senate. In the ab­ dress the Senate preferably at a microphone conveniently located on the sence of the Secretary-Parliamentarian, the Chief Clerk shall, subject to floor, and shall confine remarks to the question under debate, avoiding the direction of the President Pro Tempore, attest all writs, warrants and personalities. subpoenas issued by order of the Senate and shall certify as to the pas­ Speaking Out of Order sage of Senate Bills and the approval of executive nominations. 2. If any Senator, in speaking or otherwise shall transgress the IX DUTIES OF THE SERGEANT-AT-ARMS Rules of the Senate, the President shall, or any Senator may through the 1. The Chief Sergeant-at-Arms shall: chair, call that Senator to order. (a) Be constantly in attendance during the sessions of the Senate Speaking More than Once except when absent in discharging other duties. 3. No Senator shall speak more than once on one question, to the (b) Have charge of and direct the work of the Assistant Sergeant- prevention of any other who has not spoken and is desirous to speak; at-Arms. nor more than twice without leave of the Senate. (c) Serve all subpoenas and warrants issued by the Senate or any Decorum duly authorized officer or committee. 4. While the President is putting a question, no Member shall (d) Maintain order, at the direction of the presiding officer, in the walk out or across the hall, nor when a Senator is speaking pass between Senate Chamber and adjoining rooms. the Senator and the chair, and during the session of the Senate no Sena­ (e) See that no person, except those authorized to do so, disturbs tor shall remain at the clerk's desk during the calling of the roll or the or interferes with the desks of the Senators or officers, or with books, tabulating thereof. papers, etc., thereat. Smoking (f) Exclude from the floor all persons not entitled to the privilege 4.1. No smoking of cigarettes, cigars, pipes and other tobacco of the same. products shall be allowed in the Hall of the Senate. (g) Have charge of all entrances to the Chamber during the ses­ Order and Privilege sions of the Senate and shall see that the doors are properly attended. 5. No Senator speaking shall be interrupted by another except by (h) Announce, upon recognition by the presiding officer, all impor­ a call to order, or by a question of privilege, or by a call for the previous tant messages and committees. question, without the consent of the Senator speaking, and no Senator (i) Escort the Senate to all Joint meetings with the mace, shall speak on a question after it is put to a vote. (j) Escort the Senate Committee appointed to attend funeral ser­ Questions of Order vices of members or former members of the Senate with the mace. 6. The presiding officer shall decide all questions of order, sub­ X ORDER OF BUSINESS ject to appeal by any member. No debate shall be allowed on questions 1. The Order of Business to be observed in taking up business shall of order, unless there be an appeal. A second point of order on the same be as follows: general subject, but not the same point, is not in order while an appeal First - Call to Order. is pending, but when the first appeal is decided, laid on the table or Second - Prayer by the Chaplain and Pledge of Allegiance. otherwise disposed of, the second point of order is in order and is sub­ Third - Reading of Communications. ject to appeal. While an appeal is pending no other business is in order. Fourth - Receiving reports of committees. It is within the discretion of the presiding officer as to whether to vacate Fifth - Reading of bills in place at which time they shall not the chair on an appeal. be subject to debate or remarks. All bills in place Question When Interrupted shall be accompanied by four copies of the same. 7. A question regularly before the Senate can be interrupted only Bills not introduced at this time will be accepted and by a call for the previous question, for amendment, postponement, to lay will be referred to committee and processed not later on the table, commitment, recess or adjournment. than the next succeeding legislative day. XII MOTIONS Sixth - Offering of original resolutions. Putting a Motion Seventh - Asking of leaves of absence. No Senator shall absent 1. When a motion is made, it shall, before debate, be stated by the himself without leave of the Senate, first obtained, President. Every motion made to the Senate and entertained by the unless prevented from attendance by sickness, or President shall be reduced to writing on the demand of any member, and other sufficient cause. shall be entered on the Journal with the name of the Senator making it. Eighth - Consideration of the Calendar. Any bill or resolution A motion may be withdrawn by the Member making it before amend- 2007 LEGISLATIVE JOURNAL — SENATE 17

ment, postponement, an order to lie on the table, or decision. vote shall be in order after a bill, resolution, report, amendment or mo­ Precedence of Motions tion upon which the vote was taken shall have gone out of the posses­ 2. Motions shall take precedence in the following order: sion of the Senate. 1. Adjourn. Provided, further, that no motion for reconsideration shall be in 2. Previous question. order unless made on the same day on which the vote was taken, or 3. Recess. within the next five days of actual session of the Senate thereafter. 4. Privilege. A motion to reconsider the same question a third time is not in 5. Orders of the day. order. Identical bills cannot be considered at the same session. 6. Lay on the table. When a bill, resolution, report, amendment, order, or message, 7. Limit, close or extend limit on debate. upon which a vote has been taken, shall have gone out of the possession 8. Postpone. of the Senate and been communicated to the House of Representatives 9. Commit or recommit. or to the Governor, the motion to reconsider shall not be in order until 10. Amend. a resolution has been passed to request the House or Governor to return 11. Main motion. the same and the same shall have been returned to the possession of the Non-Debatable Motions Senate. 3. Non-debatable motions are: XIII BILLS 1. Adjourn or recess. Passage of Bills 2. Previous question. 1. (a) No law shall be passed except by bill, and no bill shall be 3. Lay on table. so altered or amended, on its passage through either House, as to change 4. Orders of the day. its original purpose. (Const. Art. 3, Sec. 1) 5. Limit, close or extend limit on debate. (b) No alteration or amendment shall be considered which is not Motions Which Permit Limited Debate appropriate and closely allied to the original purpose of the bill. If a bill 4. On the motion to postpone, the question of postponement is has been amended after being reported by the Appropriations Commit­ open to debate, but the main question is not. tee and if the amendment may require the expenditure of Common­ 5. The motion to commit or recommit to committee is debatable wealth funds or funds of a political subdivision or cause a loss of reve­ as to the propriety of the reference, but the main question is not open to nue to the Commonwealth or a political subdivision, the bill may not be debate. voted on final passage until a fiscal note reflecting the impact of the 6. The motion to amend is debatable on the amendments only and amendment has been attached. does not open the main question to debate. Reference and Printing Seconding Motions 2. No bill shall be considered unless referred to a committee, 7. All motions except for the previous questions (which shall be printed for the use of the members and returned therefrom. (Const. Art. moved by not less than four Senators) may be made without a second. 3, Sec. 2) Adjournment and Convening Form of Bills 8. (a) A motion to adjourn shall always be in order, excepting 3. No bill shall be passed containing more than one subject, when on the call for the previous question, the main question shall have which shall be clearly expressed in its title, except a general appropria­ been ordered to be now put, or when a Member has the floor and shall tion bill or a bill codifying or compiling the law or a part thereof. be decided without debate. (Const. Art. 3, Sec. 3) (b) A motion to adjourn, adopted and not having a reconvening Consideration of Bills time, the Senate will meet the following day at 10:00 a.m. 4. Every bill shall be considered on three different days in each (c) The Senate shall not convene earlier than 8:00 a.m. unless the House. All amendments made thereto shall be printed for the use of the Senate adopts a motion that sets forth the need to convene earlier than members before the final vote is taken on the bill and before the final 8:00 a.m. vote is taken, upon written request addressed to the presiding officer of (d) The Senate shall not adjourn later than 11:00 p.m. each ses­ either House by at least twenty-five per cent of the Members elected to sion day unless the Senate adopts a motion that sets forth the need to that House, any bill shall be read at length in that House. No bill shall adjourn later than 11:00 p.m. become a law, unless on its final passage the vote is taken by yeas and Motion for Previous Question nays, the names of the persons voting for and against it are entered on 9. Pending the consideration of any question before the Senate, the Journal, and a majority of the Members elected to each House is a Senator may call for the previous question, and if seconded by four recorded thereon as voting in its favor. (Const. Art. 3, Sec. 4) Senators, the President shall submit the question: "Shall the main ques­ Local and Special Bills tion now be put?" If a majority vote is in favor of it, the main question 5. No local or special bill shall be passed unless notice of the shall be ordered, the effect of which shall cut off all further amendments intention to apply therefor shall have been published in the locality and debate, and bring the Senate to a direct vote first upon the pending where the matter or the thing to be effected may be situated, which amendments and motions, if there be any, then upon the main proposi­ notice shall be at least thirty days prior to the introduction into the Gen­ tion. The previous question may be ordered on any pending amendment eral Assembly of such bill and in the manner to be provided by law; the or motion before the Senate. evidence of such notice having been published, shall be exhibited in the Motion to Lay on Table General Assembly, before such act shall be passed. (Const. Art. 3, Sec. 10. The motion to lay on the table is not debatable and the effect 7) of the adoption of this motion is to place on the table the pending ques­ Revenue Bills tion and everything adhering to it. Questions laid on the table remain 6. All bills for raising revenue shall originate in the House of there for the entire session unless taken up before the session closes. Representatives, but the Senate may propose amendments as in other Motion to Take from Table bills. (Const. Art. 3, Sec. 10) 11. A motion to take from the table, a bill or other subject, is in Appropriation Bills order under the same order of business in which the matter was tabled. 7. (a) The general appropriation bill shall embrace nothing but It shall be decided without debate or amendment. appropriations for the executive, legislative and judicial departments of Reconsideration the Commonwealth, for the public debt and for public schools. All other 12. When a question has once been made and carried in the affir­ appropriations shall be made by separate bills, each embracing but one mative or negative, it shall be in order to move the reconsideration subject. (Const. Art. 3, Sec. 11) thereof. When the Senate has been equally divided on a question, or a (b) No appropriation shall be made for charitable, educational or bill shall have failed to pass, by reason of not having received the num­ benevolent purposes to any person or community nor to any denomina­ ber of votes required by the Constitution, it shall be in order to move the tion and sectarian institution, corporation or association: Provided, That reconsideration thereof. appropriations may be made for pensions or gratuities for military ser­ Provided, however, that no motion for the reconsideration of any vice and to blind persons twenty-one years of age and upwards and for 18 LEGISLATIVE JOURNAL — SENATE JANUARY 2,

assistance to mothers having dependent children and to aged persons 15. Bills on second consideration shall be subject to amendment, without adequate means of support and in the form of scholarship grants debate and a vote thereon. or loans for higher educational purposes to residents of the Common­ Third Consideration and Final Passage wealth enrolled in institutions of higher learning except that no scholar­ 16. (a) Bills on third consideration may be amended and are ship, grants or loans for higher educational purposes shall be given to subject to debate. Bills on final passage may not be amended but are persons enrolled in a theological seminary or school of theology. open to debate. The vote on final passage shall be taken by a roll call (Const. Art. 3, Sec. 29) and the names of the Senators voting for and against recorded and en­ Charitable and Educational Appropriations tered in the Journal. No bill shall be declared passed unless a majority 8. No appropriation shall be made to any charitable or educa­ of all Senators elected to the Senate shall be recorded as voting for the tional institution not under the absolute control of the Commonwealth, same. other than normal schools established by law for the professional train­ (b) No bill which may require an expenditure of Commonwealth ing of teachers for the public schools of the State, except by a vote of funds or funds of any political subdivision or cause a loss of revenue to two-thirds of all the members elected to each House. (Const. Art. 3, Sec. the Commonwealth or any political subdivision shall be given third 30) consideration on the Calendar until it has been referred to the Appropri­ Land Transfer Legislation ations Committee and a fiscal note attached thereto. 8.1. No bills granting or conveying Commonwealth land or tak­ (c) In obtaining the information required by these Rules, the ing title thereto shall be reported by any committee of the Senate unless Appropriations Committee may utilize the services of the Budget Office there has been filed with the Secretary-Parliamentarian and the Chair­ and any other State agency as may be necessary. man of the Reporting Committee, a memorandum from the Department 17. (a) It shall not be in order, by suspension of this Rule or of General Services indicating the use to which the property is presently otherwise, to consider a bill on final passage unless it is printed, to­ employed, the foil consideration for the transfer, if any, a departmental gether with amendments, if any, and placed on the desks of the Sena­ appraisal of the property, including its valuation and a list of recorded tors. liens and encumbrances, if any, the use to which the property will be (b) No bill amended on third consideration may be voted on final employed upon its transfer, the date by which the land is needed for its passage until at least six hours have elapsed from the time of adoption new use, and the senatorial district or districts in which the land is lo­ of the amendment. cated. The memorandum shall be filed within 60 days after a request is Appropriation Bills for Charitable Purposes made for same and contain a statement by a responsible person in the 18. No bills appropriating money for charitable or benevolent Department of General Services indicating whether or not the depart­ purposes shall be considered finally until after the general appropriation ments involved favor the transfer which is the subject of the bill under bill shall have been reported from committee. consideration. Pre-Filing Consideration - Second Regular Session 19. Senators may, on days when the Senate is not in session or in 9. All bills, joint resolutions, resolutions, concurrent resolutions, the period between sine die adjournment of a First Regular Session and or other matters pending before the Senate upon the adjournment sine the convening of a Second Regular Session, introduce bills, joint resolu­ die of a first regular session convening in an odd-numbered year shall tions and resolutions by filing the same with the Secretary-Parliamentar­ maintain their status and be pending before a second regular session ian of the Senate. The Secretary-Parliamentarian of the Senate shall convening in an even-numbered year but not beyond adjournment sine notify the President Pro Tempore of the fact of such filing. The Presi­ die or November 30th of such year, whichever first occurs. dent Pro Tempore shall refer the bills, joint resolutions and resolutions Introduction to the appropriate committees as soon as possible but not later than two 10. All bills shall be introduced in quintuplicate. A sponsor may weeks from the time of notification of filing. Upon referral, the be added after a bill has been printed but the addition of sponsors shall Secretary-Parliamentarian of the Senate shall deliver said bills, joint not require that the bill be reprinted. All bills shall be examined by the resolutions and resolutions to the committees to which they have been Legislative Reference Bureau for correctness as to form and shall be referred. The Secretary-Parliamentarian of the Senate shall have the imprinted with the stamp of the Bureau before being accepted by the bills, joint resolutions and resolutions printed for distribution and notifi­ President for introduction. cation of such filing shall be given to the Members and news media in Character of Bills in Place - Et cetera the usual manner. 11. No Member shall read in place, nor shall any committee 20. Any Member of the Senate or Member-elect of the Senate report any bill for the action of the Senate, proposing to legislate upon may file bills with the Secretary-Parliamentarian of the Senate com­ any of the subjects prohibited by Article III, section 32 of the Constitu­ mencing on December 15 of each even-numbered year. The Secretary- tion; nor shall any bill be read in place or reported from a committee, Parliamentarian of the Senate shall number the bills in the order re­ reviving, amending, extending or conferring the provisions of any law, ceived; print and distribute such measures; and, in the usual manner, by reference to its title only, but so much of the law as is revived, give notification of such filing to the Members and news media. amended, extended or conferred shall be reenacted and published at 21. Upon the naming of the committees of the Senate at the con­ length by such bill. vening of a First Regular Session, the President Pro Tempore shall refer Reference to Committee by President Pro Tempore all pre-filed measures to the proper committee, announcing the number, 12. Every bill and joint resolution which may be introduced by sponsors and committee referred to the Senate. a Senator or which may be received from the House of Representatives, XIV AMENDMENTS shall, after being presented to the Chair, be referred by the President Pro When in Order Tempore to the appropriate committee, but not later than the succeeding 1. Amendments shall be in order when a bill is reported or re- legislative day. reported from committee, on second consideration and on third consid­ Printing of Amended Bills eration. No amendments shall be received by the presiding officer or 13. All bills reported or re-reported from committee, if amended considered by the Senate which destroys the general sense of the origi­ by the committee, and all bills on the Calendar, if amended by the Sen­ nal bill, or is not appropriate and closely allied to the original purpose ate, shall be reprinted and a new printer's number assigned thereto be­ of the bill. Any Member, upon request, must be furnished a copy of a fore any action is taken thereon. proposed amendment and be given a reasonable opportunity to consider Any bill or resolution re-reported from committee as amended same before being required to vote thereon. shall not be finally considered until it has appeared on the Senate Calen­ 2. Amendments offered on the floor shall be read by the clerk and dar for two legislative days. Such bills shall appear under a separate stated by the presiding officer to the Senate before being acted upon. heading on the Senate Calendar. Amendments shall be presented in ten typewritten copies, the original First Consideration of which shall be signed by the Sponsor. No amendment may be consid­ 14. Bills on first consideration shall not be subject to amendment, ered by the Senate until the Secretary-Parliamentarian of the Senate has debate or a vote thereon. posted the amendment on the Internet website maintained by the Senate. Second Consideration 3. Amendments to bills or other main motions or questions before 2007 LEGISLATIVE JOURNAL — SENATE 19 the Senate may be tabled. When an amendment proposed to any bill or Local Government - 10 members other main motion or question before the Senate is laid on the table, it Public Health and Welfare - 10 members shall not carry with it or prejudice the bill, main motion or question. A Rules and Executive Nominations - 16 members motion to remove an amendment from the table shall only be in order State Government - 10 members if the bill or other main motion or question remains before the Senate Transportation- 13 members for decision. The motion to remove an amendment from the table is not Urban Affairs and Housing - 10 members debatable and shall have the same precedence as the motion to amend. Veterans' Affairs and Emergency Preparedness - Amendments Reconsidering-Revert to Prior Print 10 members 4. Amendments adopted or defeated may not be again considered Members-ex-officio without reconsidering the vote by which said amendments were adopted 2. (a) The President Pro Tempore shall be an ex-officio voting or defeated, unless a majority vote of the Senators present shall decide Member of all standing committees and subcommittees and not included to revert to a prior printer's number. If such a motion is made to a bill in the number of committee members herein provided except that the on third consideration and carried it shall not be in order to vote on the President Pro Tempore shall not be an ex-officio Member of the Com­ final passage of said bill until a copy of the reverted printer's number is mittee on Ethics and Official Conduct. placed on the Senators' desks. (b) The Majority Leader and the Minority Leader shall each be Concurrence in House Amendments an ex-officio member of the Committee on Appropriations and shall not 5. (a) No amendments to bills by the House shall be concurred be included in the number of members of the committee provided in by the Senate, except by the vote of a majority of the Members herein. elected to the Senate, taken by yeas and nays. (Const. Art. 3, Sec. 5) Committees' Function Between Sessions (b) If a bill on concurrence contains an amendment which may 3. Permanent standing committees shall exist and function both require the expenditure of Commonwealth funds or funds of a political during and between sessions. Such power shall not extend beyond No­ subdivision or cause a loss of revenue to the Commonwealth or a politi­ vember 30th of any even-numbered year. cal subdivision, the bill may not be voted finally until a fiscal note re­ Subcommittees flecting the impact of the amendment has been attached. 4. Each standing committee or the chairman thereof may appoint, (c) No bill on concurrence may be voted finally until at least six from time to time, a subcommittee to study or investigate a matter fall­ hours have elapsed from the time of adoption of the amendment. ing within the jurisdiction of the standing committee or to consider a 6. (a) Any bill or resolution containing House amendments bill or resolution referred to it. Subcommittees shall be regulated by the which is returned to the Senate shall be referred to the Committee on Senate Rules of Procedure and shall be in existence for only that time Rules and Executive Nominations immediately upon the reading of the necessary to complete their assignments and report to their standing message by the clerk. The consideration of any bill or resolution con­ committees. Their reports, whether favorable or unfavorable, shall be taining House amendments may include the amendment of House considered by the standing committee. amendments by the Committee on Rules and Executive Nominations. Powers and Responsibilities The vote on concurring in amendments by the House to bills or resolu­ 5. Permanent standing committees are authorized: tions amended by the House shall not be taken until said bills or resolu­ (a) To maintain a continuous review of the work of the Common­ tions have been favorably reported, as committed or as amended, by the wealth agencies concerned with their subject areas and the performance Committee on Rules and Executive Nominations and have been placed of the functions of government within each such subject area, and for on the desks of the Senators and particularly referred to on their calen­ this purpose to request reports from time to time, in such form as the dars. standing committee or select subcommittee shall designate, concerning (b) Unless the Majority Leader and the Minority Leader shall the operation of any Commonwealth agency and presenting any pro­ agree otherwise, the offering of an amendment to House amendments posal or recommendation such agency may have with regard to existing in the Committee on Rules and Executive Nominations shall not be in laws or proposed legislation in its subject area. The standing committee order until at least one hour after the filing of a copy of the amendment or subcommittee is authorized to require public officials and employees as prepared by the Legislative Reference Bureau with the office of the and private individuals to appear before the standing committee or sub­ Secretary-Parliamentarian. Upon the filing of such an amendment, the committee for the purpose of submitting information to it. Secretary-Parliamentarian shall immediately time stamp the amendment (b) In order to carry out its duties, each standing committee or and forthwith forward a time-stamped copy of the amendment to the subcommittee is empowered with the right and authority to inspect and offices of the Majority Leader and the Minority Leader. Except as pro­ investigate the books, records, papers, documents, data, operation, and vided in this subsection, it shall not be in order to suspend or otherwise physical plant of any public agency in this Commonwealth. waive the requirements of this subsection. (c) In order to carry out its duties, each standing committee or XV COMMITTEES subcommittee may issue subpoenas duces tecum and other necessary 1. There shall be the following permanent Standing committees, process to compel the attendance of witnesses and the production of any the Chairmen, the Vice-Chairmen and members thereof to be appointed books, letters or other documentary evidence desired by such commit­ by the President Pro Tempore as soon as possible after his election in tee. The chairman may administer oaths and affirmations in the manner sessions convening in odd-numbered years or such other times as may prescribed by law to witnesses who shall appear before such committee be necessary. The composition of each Standing Committee shall rea­ for the purpose of testifying in any matter about which such committee sonably reflect the party composition of the Senate membership. may desire evidence. Aging and Youth - 10 members Notice of Meetings Agriculture and Rural Affairs - 10 members 6. (a) The chairman of a committee or subcommittee, or, in the Appropriations — 23 members absence of the chairman, the vice-chairman with the approval of the Banking and Insurance - 13 members chairman, shall provide each Member of the committee with written Communications and Technology - 10 members notice of committee meetings, which shall include the date, time and Community, Economic and Recreational Development - 13 mem­ place of the meeting and the number of each bill which may be consid­ bers ered. During session notice of meetings of standing committees may be Consumer Protection and Professional Licensure - published in the daily Calendar. If notice of publication in the daily 13 members Calendar of standing committee or subcommittee meetings has been Education - 10 members ordered by a committee chairman such information shall be delivered Environmental Resources and Energy - 10 members to the Secretary-Parliamentarian's office in writing by the end of the Finance - 10 members session on the day preceding its intended publication. Game and Fisheries - 10 members (b) Whenever the chairman of any standing committee shall re­ Judiciary- 13 members fuse to call a regular meeting, then a majority plus one of its members Labor and Industry - 10 members of the standing committee may vote to call a meeting by giving two Law and Justice - 10 members days' written notice to the Secretary-Parliamentarian of the Senate, 20 LEGISLATIVE JOURNAL — SENATE JANUARY 2,

setting the time and place for such meeting. Such notice shall be read in immediately recommitted by the President when it is called to the Presi­ the Senate and the same posted by the Secretary-Parliamentarian in the dent's attention by a Senator. Senate. Thereafter, the meeting shall be held at the time and place speci­ Discharging Committees fied in the notice. In addition, all provisions of 65 Pa.C.S. Ch. 7 (relat­ 17. (a) No committee shall be discharged from consideration of ing to open meetings) relative to notice of meetings shall be complied any measure within ten legislative days of its reference without unani­ with. mous consent of the Senate or after such ten-day period except by ma­ (c) When the majority plus one of the members of a standing jority vote of all Members elected to the Senate. committee believe that a certain bill or resolution in the possession of (b) Such discharge shall be by resolution which shall lie over one the standing committee should be considered and acted upon by such day for consideration upon introduction and which shall be considered committee, they may request the chairman to include the same as part under the Order of Business of Resolutions. of the business of a committee meeting. Upon failure of the chairman to XVI COMMITTEE OFFICERS comply with such request, the membership may require that such bill be Chairman - Ex-officio considered by written motion made and approved by a majority plus one 1. The Chairman of each standing committee shall be ex-officio vote of the entire membership to which such committee is entitled. a member of each subcommittee which is part of the standing committee 7. A committee meeting, or hearing for which notice has not been with the rightt o attend meetings of such subcommittees and vote on any published in the daily Calendar of standing committee or subcommittee matter before such subcommittees. meetings as provided in section 6(a), may be held during a session only Calling Committee to Order if approval is granted by the Majority and Minority Leaders and if no­ 2. The Chairman, or, if absent, the Vice-Chairman shall call the tice of the bills to be considered is given during session. committee to order at the hour provided by these Rules. Upon the ap­ 8. Before any standing committee or subcommittee of the Senate pearance of a quorum, the committee shall proceed with the order of holds a meeting while the Legislature is in recess, a notice of said meet­ business. Any member of the committee may question the existence of ing, stating date, time and place, shall be filed with the Secretary of the a quorum. Senate at least seven days prior thereto. The Chairman Control of the Committee Room Bills Recommitted 3. The Chairman or, if the Chairman is absent, the Vice-Chair­ 9. Any bill or resolution reported by any standing committee man shall preserve order and decorum and shall have general control of without prior notice having been given as required by these Rules shall the committee room. In case of a disturbance or disorderly conduct in be recommitted to the committee reporting the same. the committee room, the Chairman or, if the Chairman is absent, the Public Meetings or Hearings Vice-Chairman may cause the same to be cleared. The use of any cellu­ 10. (a) The chairman of a standing committee may hold hearings lar telephones or other disruptive devices within any Senate committee open to the public and in doing so shall make public announcement of room by other than members of the Senate or their staffs is strictly pro­ the date, the place, and the subject matter of the hearing in ample time hibited. to permit participation by the public. All subcommittees may hold pub­ Chairman's Authority to Sign Notices, etc. lic hearings with the permission of the parent standing committee. Decide Questions of Order (b) The chairman of a standing committee shall have the power 4. The Chairman shall sign all notices, vouchers, subpoenas or to designate whether or not a meeting of the committee for the purpose reports required or permitted by these Rules. The Chairman shall decide of transacting committee business shall be open to the public or shall be all questions of order relative to parliamentary procedure, subject to an held in executive session and therefore closed to the public, but no appeal by any Senator to the committee. matters may be considered in executive session for which an open meet­ Vote of Chairman, Vice-Chairman ing is required under 65 Pa.C.S. Ch. 7 (relating to open meetings). 5. The Chairman and Vice-Chairman shall vote on all matters 11. All permanent standing committees, and with permission of before such committee provided that the name of the Chairman shall be the parent committee, subcommittees, may have their hearings reported called last. and transcribed if payment for such service is being made from commit­ Temporary Designation of Alternate to Chairman tee funds. The chairman shall contact the Secretary-Parliamentarian to 6. The Chairman may name any member of the committee to make arrangements for such reporting and transcribing. However, if perform the duties of the Chair provided that such substitution shall not payment is expected to be made from a source other than committee extend beyond such meeting. In the Chairman's absence and omission funds, approval must be first obtained from the President Pro Tempore. to make such designation, the Vice-Chairman shall act during that ab­ The President Pro Tempore shall notify the Secretary-Parliamentarian sence. of the Senate if permission is granted. Performance of Duties by Vice-Chairman Subcommittee Reports 7. Upon the death of the Chairman, the Vice-Chairman shall 12. It shall be the duty of a subcommittee to report all measures perform the duties of the office until and unless the President Pro Tem­ referred to it directly to the parent standing committee. The subcommit­ pore shall appoint a successor. Upon and during disability, or incapacity tee shall report all measures either (a) favorably, (b) favorably with of the Chairman, the Vice-Chairman shall perform the Chairman's du­ amendments, or (c) unfavorably. ties. 13. Such reports shall also reflect (a) the time and place of the Chairman's Duty to Report meeting at which the action was taken, (b) the name and address of each 8. The Chairman shall report any bill to the floor of the Senate person (if any) addressing the committee relative to each measure and within four legislative days of the committee's vote to report it. the interest represented (proponent or opponent), and (c) the vote of XVII COMMITTEE MEMBERS each member of the subcommittee on the motion to report each mea­ Members, Attendance, Voting sure. 1. Every member of a committee shall be in attendance during 14. A subcommittee may not report a bill directly to the Senate each of its meetings, unless excused or necessarily prevented and shall but must report it back to the parent committee, which in turn shall be vote on each question, except that no member of a committee shall be authorized to report to the Senate if it is so ordered. required or permitted to vote on any questions immediately concerning 15. When a bill with a favorable report by a subcommittee is that member's private rights as distinct from the public interest. considered by the parent committee, no additional testimony of wit­ 2. The Chairman may excuse any Senator for just cause from nesses shall be permitted except upon vote of a majority of members of attendance during the meetings of the committee for any stated period, the parent committee as provided by these Rules. and such excused absence shall be noted on the records of such commit­ Quorum of Committee tee. 16. A committee or subcommittee is actually assembled only 3. Any member of a committee who is otherwise engaged in when a quorum constituting a majority of the members of that commit­ legislative duties may have the member's vote recorded on measures tee is present in person. A majority of the quorum of the whole commit­ pending before the committee by communicating in writing to the chair­ tee shall be required to report any measure to the floor for action by the man: (a) the nature of the legislative duties that prohibits the member's whole Senate. Any measure reported in violation of this Rule shall be attendance and; (b) the manner in which the member desires to be voted 2007 LEGISLATIVE JOURNAL — SENATE 21

on such measures pending before the committee. is on duty with a reserve component of the armed forces of the United XVIII COMMITTEE VOTING States or the Pennsylvania National Guard or Air National Guard or is Taking the Vote duly excused by the Senate. The refusal of any Senator to vote as pro­ 1. The Chairman shall declare all votes and said votes and the vided by this section shall be deemed a contempt unless the Senator be results thereof shall be open to the public. In all cases where the com­ excused by the Senate or unless the Senator has a direct personal or mittee shall be equally divided, the question shall be lost. pecuniary interest in connection with the pending question. 2. A vote in a standing committee to report a bill or resolution or Excused from Voting a vote regarding an executive nomination shall be posted on the Internet 4. A Senator desiring to be excused from voting shall, when the website maintained by the Senate within 48 hours. Senator's name is called, make a brief statement of the reasons for mak­ XIX MOTIONS IN COMMITTEES ing such request, and the question on excusing the Senator shall then be 1. All motions made in committee shall be governed and take the decided by the Chair without debate. same precedence as those set forth in these Rules. Changing Vote XX CONFERENCE COMMITTEES 5. No Senator may vote or change a vote after the result is an­ 1. The President Pro Tempore shall appoint three Senators to nounced by the Chair. Before the announcement of the final result, comprise a Committee of Conference. Two shall be from the majority however, a Senator may change a vote, or may vote, if previously absent party and one from the minority party. from the Chamber. Should a Senator be erroneously recorded on any 2. The deliberations of the committee shall be confined to the vote, the Senator may at any time, with the permission of the Senate, subject of difference between the two Houses, unless both Houses shall make a statement to that effect which shall be entered in the Journal. direct a free conference, and if their authority has been exceeded it shall Similarly, should the Senator be absent when a vote is taken on any be the duty of the presiding officer to call it to the attention of the Sen­ question, the Senator may later, with the permission of the Senate, make ate, which shall then decide the question by a majority vote of those a statement for entry upon the Journal, indicating how the Senator present. would have voted had the Senator been present when the roll was taken Report of Conference Committee and the reasons therefor shall be submitted in writing or delivered orally 3. (a) The report of a Committee of Conference shall be prepared not to exceed five minutes. in triplicate by the Legislative Reference Bureau and shall be signed by Persons Allowed at Desk During Roll Call the members or a majority of the members of the committee. Every 6. No Senator or other person, except the majority or minority report of a committee of conference shall be printed together with the leader or other persons designated by them, shall be permitted at the bill as amended by the committee, placed on the desks of the Senators Reading Clerk's desk during the recording, counting or verification of and particularly referred to on their calendars before action shall be a roll call vote. taken on such report. No report of a Committee of Conference may be Two-Thirds Vote adopted by the Senate until at least six hours have elapsed from the time 7. When bills or other matters which require a two-thirds vote are of adoption of the report by the Committee of Conference. under consideration, the concurrence of two-thirds of all the Senators (b) A report of a Committee of Conference which requires the elected shall not be requisite to decide any question or amendment short expenditure of Commonwealth funds or funds of a political subdivision of the final question and on any question short of the final one, a major­ or causes a loss of revenue to the Commonwealth or a political subdivi­ ity of Senators voting shall be sufficient to pass the same. sion shall have a fiscal note attached before the report is voted finally. Majority Vote Defined Report of Conference Committee - Adoption 8. A majority of the Senators elected shall mean a majority of the 4. Reports of committees of conference shall be adopted only by Senators elected, living, sworn and seated. the vote of a majority of the Members elected to the Senate, taken by Majority Vote yeas and nays. (Const. Art. 3, Sec. 5) 9. When bills or other matters which require a vote of the major­ XXI VOTING ity of Senators elected are under consideration, the concurrence of a Must be Present and Vote majority of all the Senators elected shall not be requisite to decide any 1. (a) Except as may be otherwise provided by this Rule, no question or amendment short of the final question; and, on any question Senator shall be permitted to vote on any question unless the Senator is short of a final one, a majority of Senators voting shall be sufficient to present in the Senate Chamber at the time the roll is being called, or pass the same. prior to the announcement of the vote. Announcement of Vote Harrisburg Assignment 10. Upon completion of a roll call vote or a voice vote the result (b) A Senator who is performing a legislative assignment in the shall be announced immediately unless the majority or minority leader Harrisburg area (as defined in the Financial Operating Rules of the requests a delay. Senate) on behalf of the body of the Senate and to which the Senator Explanation of Vote was duly appointed by the Senate or the appropriate officer thereof may 11. Any Senator may, with the consent of the Senate, make an be voted by the Senator's respective floor leader. A specific reason must explanation of a vote on any question and have the explanation printed be given by the Senator and it must be announced by the respective in the Journal. floor leader. Tie Vote Legislative Leave 12. In the case of a tie vote, the President of the Senate may cast (c) A Senator who is performing a legislative assignment outside a vote to break such tie so long as by doing so it does not violate any of the Harrisburg area on behalf of the body of the Senate and to which provisions of the Constitution of Pennsylvania. In the event there is a the Senator was duly appointed by the Senate or the appropriate officer tie vote on a question requiring a constitutional majority, the question thereof may be voted by the Senator's respective floor leader. A specific falls. reason for the legislative leave must be given in writing by the Senator Verifying Vote and it must be announced by the respective floor leader. 13. Any Senator may demand a verification of a vote immediately Personal or Private Interest upon the completion of a roll call or after the announcement of vote by 2. Senators who have a personal or private interest in any mea­ the presiding officer. In verifying a vote the Clerk shall first read the sure or bill proposed or pending before the Senate shall disclose the fact affirmative roll at which time any additions or corrections shall be to the Senate, and shall not vote thereon. made. Upon the completion and verification of the affirmative roll call, Senators Must be Present the Clerk shall proceed with the reading of the negative roll at which 3. Every Senator shall be present within the Senate Chamber time any additions or corrections shall be made. Upon the completion during the sessions of the Senate, unless a Senator is on duty with a and verification of the negative roll call, the roll call shall be declared reserve component of the armed forces of the United States or the Penn­ verified. It shall not be in order for a Senator to change a vote after the sylvania National Guard or Air National Guard or is duly excused or verified roll call is announced. A demand for a verification shall not be necessarily prevented, and shall be recorded as voting on each question in order when all Senators vote one way. The demand for a verification stated from the Chair which requires a roll call vote unless the Senator of a vote is not debatable. 22 LEGISLATIVE JOURNAL — SENATE JANUARY 2,

Voice Vote House of Representatives. 14. Unless otherwise ordered or demanded, a voice vote may be 9. Persons assigned to the press gallery on a permanent or tempo­ taken. Any Senator who doubts the accuracy of a voice vote may de­ rary basis shall not walk onto the floor of the Senate or House of Repre­ mand a roll call vote. Such request must be made immediately upon the sentatives nor approach the rostrum or the clerks' desks during session announcement of the vote by the presiding officer and shall not be in or while being at ease. order after other business has intervened. The demand for a verification 10. Persons assigned to the press gallery on a permanent or tem­ of a voice vote shall not be in order. porary basis wishing to confer with a Senator or Representative shall XXII CORRESPONDENTS disclose this fact by having a message delivered by a Page to the Sena­ Admission to Press Gallery - tor or Representative. Such conversation shall be conducted off the Committee on Correspondents floor of the Senate or House of Representatives. 1. Admission to and administration of the Press Galleries of the XXIII RADIO AND TELEVISION Senate and House of Representatives shall be vested in a Committee on 1. Filming, videotaping, televising or broadcasting of Senate Correspondents consisting of the President Pro Tempore of the Senate, sessions shall be permitted as provided in policy directives developed the Speaker of the House of Representatives, or their designees; the and recommended by the Committee on Management Operations. The Supervisor of the Capitol Newsroom; the President of the Pennsylvania policy directives recommended by the Committee on Management Op­ Legislative Correspondents' Association, and the Executive Director of erations shall be submitted to the Senate and shall become effective the Pennsylvania Association of Broadcasters, or their designees. upon the approval of a resolution by the Senate by the vote of a majority Application to Press Gallery of the Senators elected. Filming, videotaping, televising or broadcasting 2. Persons desiring admission to the press sections of the Senate of Senate sessions shall be prohibited prior to the adoption of the policy and House of Representatives shall make application to the Chairman directives. of the Committee on Correspondents. Such applications shall state the 2. Nothing in this Rule shall be construed to prohibit any licensed newspaper, press association or licensed radio or television station, its radio station from broadcasting a session from the Senate or any part location, times of publication or hours of broadcasting, and be signed thereof provided that the signal originates from the Senate-operated by the applicant. sound system which transmits Senate session activity to the offices in Committee to Verify Statement the Main Capitol and environs. 3. The Committee on Correspondents shall verify the statements XXIV RECORDS OF THE SENATE made in such application, and, if the application is approved by the 1. The records of the Senate may be inspected by the Members, committee, shall issue a correspondent's card signed by the members of but no paper shall be withdrawn therefrom without the consent of the the committee. Senate. Exclusive Use of Gallery XXV WHO PRIVILEGED TO THE 4. The Gallery on the Senate floor assigned to newspaper corre­ FLOOR OF THE SENATE spondents or recognized press association correspondents or representa­ 1. No person shall be admitted within the Senate Chamber (gal­ tives of licensed radio and television stations, systems or news-gather­ leries and press boxes excepted) during Senate sessions, unless invited ing agencies shall be for their exclusive use and persons not holding by an officer or the majority or minority leaders. Such authorized staff correspondents cards shall not be entitled to admission thereto. Repre­ shall be restricted to the area immediate to the majority and minority sentatives and employees of State departments, boards, commissions leaders' desks and shall be allowed to advise Members during debate and agencies, visitors and members of the families of correspondents only when such Member is using the microphones at the leaders' desks. entitled to admission to the press gallery shall, at no time, be permitted Rear Entrance Closed During Session to occupy seats or be entitled to the privilege of the press gallery. Em­ 2. No person or persons shall, during a session, be permitted to ployees of the Senate may be permitted to occupy seats and be entitled enter through the rear door of the Senate Chamber nor be present in the to the privilege of the press section of the Senate Gallery when not in rooms immediately to the rear of the Senate Chamber except Senators, use by accredited press representatives. officers and employees expressly authorized. Photographs in Senate Chamber - Hearings Telephone Facilities 5. Accredited media photographers may be authorized by the 3. No person or persons other than Senators or their staff shall, President Pro Tempore to take still photographs in the Senate, and by at any time, be permitted to use the telephone facilities in or adjacent to the Speaker of the House to take still photographs in the House of Rep­ the Senate Chamber. resentatives. Applications to take still photographs at public hearings of XXVI RULES committees must be approved by the Committee Chairman or Co-chair­ 1. These Rules shall be in full force and effect until altered, man conducting such hearing. changed, amended or repealed as provided herein. Photographs - Notice to be Given Dispensing with Rules 6. No still photographs shall be taken in the Senate or House of 2. The consent of a majority of the Senators elected shall be nec­ Representatives during sessions, being at ease or recessed, without prior essary to suspend any Rule. notice to the Senators in the Senate or the Representatives in the House Altering, Changing or Amending - Vote of Representatives. When possible, such notice shall be given at the 3. The consent of a majority of the Senators elected shall be nec­ beginning of the session, at ease or recess, during which the still photo­ essary to alter, change or amend these Rules. graphs are scheduled to be taken. Alterations, Changing or Amending - Resolution Correspondents - Number Limited 4. All alterations, changes or amendments to Senate Rules shall 7. No more than one representative of each newspaper, press be by resolution which shall not be considered unless first referred to association or licensed radio or television station, system or news-gath­ and reported from the Rules Committee. ering agency shall be admitted to the press gallery at one time. Members XXVII MASON'S MANUAL OF LEGISLATIVE of the Pennsylvania Legislative Correspondents' Association and repre­ PROCEDURE TO GOVERN SENATE sentatives of licensed radio and television stations, systems or news- 1. The Rules of Parliamentary Practice comprised in Mason's gathering agencies, assigned to the Senate and/or House of Representa­ Manual of Legislative Procedure shall govern the Senate in all cases to tives on a daily basis shall have permanent assigned seating in the press which they are applicable, and in which they are not inconsistent with gallery with identification plates. Visiting representatives of daily news­ the Standing Rules, Prior Decisions and Orders of the Senate. papers, press associations, Sunday newspapers as well as radio and XXVIII QUORUM television stations, systems or news-gathering agencies shall coordinate Majority Constitutes a Quorum seating accommodations with the supervisor of the Capitol Newsroom. 1. A majority of Senators elected shall constitute a quorum, but Order and Decorum of Press a smaller number may adjourn from day to day, and compel the atten­ 8. Persons assigned to the press gallery on a permanent or tempo­ dance of absent members. (Const. Art. 2, Sec. 10) rary basis shall, at all times, refrain from loud talking or causing any When Less than a Quorum is Present disturbance which tends to interrupt the proceedings of the Senate or 2. When, upon a call, which may be demanded by not less than 2007 LEGISLATIVE JOURNAL — SENATE 23

four Senators, it is found that less than a quorum is present, it shall be Senator may move for a reconsideration on the same day on which the the duty of the President to order the doors of the Senate to be closed, vote was taken, or on either of the next two days of actual session of the and to direct the clerk to call the roll of the Senate and note the absen­ Senate; but if a notification of the confirmation or rejection of a nomi­ tees after which the names of the absentees shall be again called, and nation shall have been sent to the Governor before the expiration of the those for whose absence no excuse, or an insufficient excuse is made, time within which a motion to reconsider may be made, the motion to may by order of a majority of the Senators present be sent for and taken reconsider shall be accompanied by a motion to request the Governor into custody by the Sergeant-at-Arms, or assistant sergeants-at-arms to return such notification to the Senate. A motion to reconsider the vote appointed for the purpose, and brought before the bar of the Senate, on a nomination may be laid on the table without prejudice to the nomi­ where, unless excused by a majority of the Senators present, they shall nation. be reproved by the President for neglect of duty. XXX RESOLUTIONS When Less than a Quorum Vote But Present Introduction 3. When less than a quorum vote upon any subject under the 1. All resolutions, Senate and concurrent, shall be introduced by consideration of the Senate, not less than four Senators may demand a presenting ten copies thereof to the President. call of the Senate, when it shall be the duty of the President forthwith Consideration to order the doors of the Senate to be closed and the roll of the Senators 2. The following resolutions, after they have been read, shall be to be called. If it is ascertained that a quorum is present, either by an­ referred to an appropriate committee without debate unless by unani­ swering to their names, or by their presence in the Senate, the President mous consent the Senate shall otherwise direct and, if favorably re­ shall again order the yeas and nays; and, if any Senator or Senators ported by the committee, shall lie over one day for consideration, after present refuse to vote, the name or names of such Senator or Senators which they may be called up as, of course, under their appropriate order shall be entered on the Journal as "Present but not voting." Such refusal of business: to vote shall be deemed a contempt; and, unless purged, the President a. All Senate and House concurrent resolutions, excepting resolu­ shall direct the Sergeant-at-Arms to bring such Senator or Senators tions in reference to adjournments and those recalling bills from the before the bar of the Senate, where the Senator or Senators shall be Governor, which shall be regarded as privileged. publicly reprimanded by the President. b. Resolutions containing calls for information from the heads of XXIX EXECUTIVE NOMINATIONS departments, or to alter the Rules. Presentation and Reference c. Resolutions giving rise to debate, except such as relate to the 1. All nominations by the Governor or the Attorney General shall disposition of matters immediately before the Senate, such as relate to be submitted to the Secretary-Parliamentarian of the Senate. All nomi­ the business of the day on which they were offered and such as relate to nees shall file the financial statements required pursuant to 65 Pa.C.S. adjournment or taking a recess. Ch. 11 (relating to ethics standards and financial disclosure) with the Printing in Senate History Secretaiy-Parliamentarian of the Senate. Copies of the nominations and 3. Congratulatory and condolence resolutions shall be given to financial statements shall be furnished by the Secretary-Parliamentarian the Secretary-Parliamentarian and shall be considered under the order of the Senate to the Majority and Minority Caucus Secretaries or their of unfinished business in the daily order of business. designees. 4. All resolutions shall be adopted by a majority vote of the Sena­ 2. Nominations shall, after being read, without a motion, be re­ tors present except as specifically provided for in this Rule. ferred by the presiding officer to the Committee on Rules and Executive Joint Resolutions Nominations. After having been reported by the committee, the final 5. Joint Resolutions shall be limited to constitutional amend­ question on every nomination shall be: "Will the Senate advise and ments and shall be adopted by a vote of a majority of the Senators consent to this nomination?" elected to the Senate; 3. The Committee on Rules and Executive Nominations shall A joint resolution when passed by both Houses shall not be trans­ refer nominations to appropriate standing committees of the Senate, mitted to the Governor for his approval or disapproval but shall be filed which shall hold public hearings for all nominees for offices which have in the Office of the Secretary of the Commonwealth in accordance with Statewide jurisdiction and to which salaries are attached; scrutinize the Article XI, Section 1 of the Constitution of Pennsylvania. qualifications of nominees and report back their recommendations. XXXI LOUNGING IN THE SENATE PROHIBITED Public hearings may be held for nominees for any other office. 1. The Secretary-Parliamentarian of the Senate shall cause the Information Concerning Nominations doors of the Senate Chamber closed to all persons except persons who 4. All information, communication or remarks made by a Senator are entitled under the Rule of the Senate; and the Secretary-Parliamen­ when acting upon nominations in committee, concerning the character tarian shall call on any officer of the Senate to aid him in enforcing this or qualifications of the person nominated, shall be kept secret. If, how­ order; and on days when the Senate is not in session the officers are ever, charges shall be made against a person nominated, the committee hereby required to strictly prohibit any lounging within the Senate may, in its discretion, notify such nominee thereof, but the name of the Chamber by any person not connected with the General Assembly, and person making such charges shall not be disclosed. that henceforth no officer, nor any other person, be permitted to occupy Consideration the seat of a Senator at any time; it shall be the duty of the President to 5. When the consideration of executive nominations is reached see that this Rule is enforced, and a persistent disregard of it by any in the order of business, a Senator may make a motion to go into execu­ officer or employee shall be cause of dismissal by the President. tive session for the purpose of confirming the nominations which have XXXII VETO been reported from committee; and on the motion being agreed to, such Passing over Veto nomination or nominations shall be considered the first order of the day 1. When any bill is not approved by the Governor, he shall return until finally disposed of, unless the same shall be postponed by a major­ it with his objection to the House in which such bill originated. There­ ity of the Senate; but such business when once commenced shall not be upon such House shall enter the objections upon their Journal and pro­ postponed for more than five days, except in case of an adjournment of ceed to reconsider it. If after such reconsideration, two-thirds of all the the Senate for a longer period. Members elected to that House shall agree to pass the bill, it shall be Executive Session sent with the objections to the other House by which likewise it shall be 6. When in executive session, no message shall be received from reconsidered, and, if approved by two-thirds of all the members elected the Governor, unless it be relative to the nomination under consider­ to that House, it shall become a law. (Const. Art. 4, Sec. 15) ation, nor from the House of Representatives, nor shall any other busi­ 2. A bill vetoed in a first regular session and not finally acted ness be considered, except executive business, and the executive session upon may be brought up for consideration in a second regular session. shall not adjourn pending the consideration of the nomination until a XXXIII DIVISION OF A QUESTION time fixed by a majority vote of those present for the next meeting of the 1. Any Senator may call for a division of a question by the Senate executive session to resume the consideration thereof. if the question includes points so distinct and separate that, one of them Reconsideration being taken away, the other will stand as a complete proposition. The 7. When a nomination is confirmed or rejected by the Senate, any motion to strike out and insert is strictly one proposition, and, therefore 24 LEGISLATIVE JOURNAL — SENATE JANUARY 2,

indivisible. meetings are being held or are to be held shall be confidential informa­ XXXIV SENATE EXPENDITURES tion unless the person subject to investigation advises the committee in 1. Counsel employed by a committee chairman or minority chair­ writing that he elects that such meetings or hearings shall be held pub­ man for the committee may not represent the committee chairman or a licly: Provided, however, That whenever the committee is conducting member of the chairman's staff, or any member of the committee or of an investigation of an employee of the Senate the committee shall in­ a committee member's staff, in any private legal proceeding while em­ form the Senator or officer supervising such employee of the investiga­ ployed by the Senate. Nor may any Senate fimds be used to pay private tion. In the event of such an election, the committee shall furnish such legal counsel for any Senator, officer or staff member. person a public meeting or hearing. All other meetings of the committee XXXV COMMITTEE ON ETHICS AND OFFICIAL CONDUCT shall be open to the public and notice of such meetings shall be given 1. In addition to the committees created by Rule XV, there shall as generally provided in these Rules for the convening of committees. be a Committee on Ethics and Official Conduct which shall be com­ In the event that the committee shall elect to proceed with a for­ posed of six members appointed by the President Pro Tempore. Three mal investigation of the conduct of any Member, officer or employee of members shall be of the Majority Party and three members shall be of the Senate, the committee may employ independent counsel. the Minority Party. The Minority Party members will be appointed on All constitutional rights of any person under investigation shall be the recommendation of the Minority Leader. preserved, and such person shall be entitled to present evidence, cross- 2. The President Pro Tempore shall appoint one of the Majority examine witnesses, face the accuser, and be represented by counsel. Party members as Chairman and, on the recommendation of the Minor­ The chairman may continue any hearing for reasonable cause, and ity Leader, one of the Minority Party members as Vice-Chairman. A upon the vote of a majority of the committee or upon the request of the quorum for this committee shall be four members and the committee person subject to investigation, the chairman shall issue subpoenas for shall have such duties, powers, procedure and jurisdiction as are pre­ the attendance and testimony of witnesses and the production of docu­ scribed and authorized in this Rule. mentary evidence relating to any matter under formal investigation by 3. The committee shall receive complaints against members, the committee. The committee may administer oaths or affirmations and officers and employees of the Senate alleging illegal or unethical con­ examine and receive evidence. duct or violation of any statute, Rule or regulation governing the use of 6. All testimony, documents, records, data, statements or infor­ money appropriated to the Senate. Any such complaint must be in writ­ mation received by the committee in the course of any investigation ing, verified by the person filing the complaint and must set forth in shall be private and confidential except in the case of public meetings detail the conduct in question and the section of the "Legislative Code or hearings or in a report to the Senate. No report shall be made to the of Ethics" or the statute, Rule or regulation violated. The committee Senate unless a majority of the committee has made a finding of unethi­ shall make a preliminary investigation of the complaint, and if it is cal or illegal conduct or violation of the statutes, Rules and regulations determined by a majority of the committee that a violation may have relating to Senate funds on the part of the person under investigation. occurred, the person against whom the complaint has been brought shall No finding of unethical or illegal conduct or violation of the statutes, be notified in writing and given a copy of the complaint. Within ten Rules and regulations relating to Senate funds shall be valid unless days after receipt of the complaint, such person may file a written an­ signed by at least a majority of the committee. Any such report may swer thereto with the committee. Upon receipt of the answer, by vote of include a minority report. No action shall be taken on any finding of a majority of the committee, the committee shall either dismiss the com­ illegal or unethical conduct or violation of the statutes, Rules or regula­ plaint within ten days or proceed with a formal investigation, which may tions relating to Senate funds, nor shall such finding or report contain­ include hearings, not more than twenty days after notice in writing to ing such finding be made public, sooner than seven days after a copy of the persons so charged. Failure of the person charged to file an answer the finding is sent by certified mail to the Member, officer or employee shall not be deemed to be an admission or create an inference or pre­ under investigation. sumption that the complaint is true, and such failure to file an answer 7. In the event the committee finds that a Member, officer, or shall not prohibit a majority of the committee from either proceeding employee of the Senate has violated a statute, Rule or regulation relating with a formal investigation or dismissing the complaint. to use of Senate funds, the committee may order such Member, officer, 4. In addition to action on formal complaints as provided in sec­ or employee to reimburse the Senate for the funds wrongly expended tion 3, a majority of the committee may initiate a preliminary investiga­ and to take other remedial action. If the Member, officer, or employee tion of a suspected violation of the "Legislative Code of Ethics" or a does reimburse the Senate or take such other remedial action as may violation of any other statute. Rule or regulation governing the use of have been required, no formal report shall be made to the Senate unless money appropriated to the Senate by a Member, officer or employee of the committee is requested in writing to file a formal report by the the Senate. If it is determined by a majority of the committee that a Member, officer, or employee who is the subject of the order. If the violation may have occurred, the person in question shall be notified in Member, officer, or employee fails to reimburse the Senate or take the writing of the conduct in question and the section of the "Legislative required remedial action within seven days of receipt of the order, the Code of Ethics" or other statute, Rule or regulation violated. Within ten committee, unless it shall, by majority vote thereof, extend such time for days, such person may file a written answer thereto. Upon receipt of the good cause, shall within seven days file its formal report with the Senate answer, by vote of a majority of the committee, the committee shall along with its recommendation of action by the Senate to secure reim­ either dismiss the charges within ten days or proceed with a formal bursement, effect the recommended remedial action, or initiate appro­ investigation which may include hearings, not more than twenty days priate disciplinary action. after notice in writing to the person so charged. Failure of the person Any Member, officer, or employee of the Senate who is the sub­ charged to file an answer shall not be deemed to be an admission or ject of an order of reimbursement or remedial action may appeal the create an inference or presumption that the charge is true, and such committee's order to the Senate within seven days of receipt of the order failure to file an answer shall not prohibit a majority of the committee by filing notice thereof with the Secretary-Parliamentarian of the Senate, from either proceeding with a formal investigation or dismissing the who shall cause such notice to be distributed to the Members of the charge. Senate along with a copy of the report of the committee involving such 5. The chairman shall notify all members of the committee at Member, officer, or employee. least twenty-four hours in advance of the date, time and place of a regu­ Notice of the appeal shall be placed on the Senate Calendar and lar meeting. Whenever the chairman shall reflise to call a regular meet­ shall be acted on by the Senate within ten legislative days. A vote by a ing, a majority of the committee may call a meeting by giving two days' majority of the Members elected shall be necessaiy to sustain an appeal written notice to the Majority and Minority Leaders of the Senate set­ or modify the committee report or order; otherwise it shall become ting forth the time and place for such meeting. Thereafter, the meeting effective and the Members, officers, and employees of the Senate shall shall be held at the time and place specified in such notice. take such action as is necessary to secure compliance. The committee shall conduct its investigations, hearings and meet­ 8. The committee, whether or not at the request of a Member, ings relating to a specific investigation or a specific Member, officer or officer or employee concerned about an ethical problem or question employee of the Senate in closed session and the fact that such investi­ concerning the use of Senate funds relating to himself alone or in con­ gation is being conducted or is to be conducted or that hearings or such junction with others may render advisory opinions with regard to ques- 2007 LEGISLATIVE JOURNAL — SENATE 25

tions pertaining to legislative ethics, decorum, or use of Senate funds. After a findingo r a verdict of guilt by a judge or a jury, plea or admis­ Such advisory opinions, with such deletions and changes as shall be sion of guilt, or plea of nolo contendere, and upon imposition of sen­ necessary to protect the identity of the persons involved or seeking tence, the employment shall be terminated. them, may be published and shall be distributed to all members, officers 2. If the indictment is quashed, or the court finds that the officer and employees of the Senate. No order for reimbursement or remedial or employee is not guilty of the offense alleged, the suspension without action may be made when the Member, officer, or employee has relied pay shall be terminated, and the officer or employee shall receive com­ on a written advisory opinion, whether addressed to him or not, which pensation for the period of time during which the officer or employee is reasonably construed as being applicable to the complained of con­ was suspended which compensation shall be reduced by the amount of duct. any compensation said officer or employee earned fromothe r employ­ 9. In the event that a member of the committee shall be under ment during the period of suspension. investigation, said Member shall be temporarily replaced on the com­ 3. If the officer or employee or the supervising Senator of such mittee in a like manner as said Member's original appointment. employee disagrees with the decision of the Chief Clerk as to whether Any member of the committee breaching the confidentiality of an indictment for particular conduct shall be a crime requiring suspen­ materials and events as set forth in this Rule shall be removed immedi­ sion or dismissal, the officer or employee in question or the supervising ately fromth e committee and replaced by another Member of the Senate Senator may appeal the suspension to the Committee on Ethics and appointed in a like manner as said Member's original appointment. Official Conduct, which shall determine whether the conduct charged 10. The committee may adopt rules of procedure for the orderly is an offense requiring suspension. Whenever an appeal of a suspension conduct of its affairs, investigations, hearings and meetings, which rules shall be taken to the committee, the suspension shall remain effective are not inconsistent with this Rule. pending a decision by the committee. 11. The committee may meet with a committee of the House of Representatives to hold investigations or hearings involving employees On the question, of the two Houses jointly, or officers or employees of the Legislative Reference Bureau, the Joint State Government Commission, the Local Will the Senate adopt the resolution? Government Commission, the Joint Legislative Air, Soil and Water Conservation and Control Commission, the Legislative Budget and The PRESIDENT. The Chair recognizes the gentleman from Finance Committee and the Legislative Data Processing Committee: Delaware, Senator Pileggi. Provided, however, That no action may be taken at a joint meeting unless it is approved by a majority of each committee. Senator PILEGGI. Madam President, most years, the adoption 12. The Legislative Audit Advisory Commission shall submit of the operating Rules of the Senate is a straightforward proce­ copies of its reports to the committee which shall review them and pro­ dure accomplished with little comment or controversy. This year ceed, where appropriate, as provided in section 7. is different. Our rules are going to be changed in profound ways 13. Whenever the committee shall employ independent counsel or shall incur other expenses pursuant to its duties under this Rule, with the purpose of making our part of the legislative process payment of costs of such independent counsel or other expenses in­ align more closely with the public interest in a more open, trans­ curred by the committee pursuant to this Rule, shall be paid by the parent government. Chief Clerk upon submission of vouchers and necessary documentation The two most significant rule changes over the past 15 years which vouchers shall be signed by both the chairman and vice-chairman of the committee. Included in such allowable expense items shall be requiring lobbyist disclosure and opening Senate Sessions to travel and per diem for the members of the committee. The Chief Clerk television coverage were indisputably good government steps shall pay such expenses out of funds appropriated to the Chief Clerk for and enjoyed wide bipartisan support. Today we are presenting a incidental expenses. series of rule changes that are good government at their heart, XXXVI STATUS OF MEMBERS INDICTED OR CONVICTED OF A CRIME and that again reflect substantial input from Republicans and 1. When an indictment is returned against a Member of the Sen­ Democrats. ate, and the gravamen of the indictment is directly related to the Mem­ I want to acknowledge the leadership of Senator Mellow in ber's conduct as a committee chairman, ranking minority committee helping craft and set the stage for these changes. Members on member or in a position of leadership, the Member shall be relieved of such committee chairmanship, ranking minority committee member both sides of the aisle, and the public at large, have urged us to status, or leadership position until the indictment is disposed of, but the change the way that our business is conducted. These rule Member shall otherwise continue to function as a Senator, including changes will open up our deliberations and will derail the fast- voting, and shall continue to be paid. track legislating that has been heavily criticized and is prone to 2. If, during the same legislative session, the indictment is quashed, or the court finds that the Member is not guilty of the offense error. The rule changes will also allow for questions to be asked alleged, the Member shall immediately be restored to the committee and answers to be provided before final action is taken, and will chairmanship, ranking minority committee member status, or leadership enable people to more easily follow our actions and to determine position retroactively from which he was suspended. how their Senator is representing them. 3. Upon a findingo r verdict of guilt by a judge or jury, plea or The advantages are apparent, and will give Pennsylvanians a admission of guilt or plea of nolo contendere of a Member of the Senate of a crime, the gravamen of which relates to the Member's conduct as better chance to see what action is pending and what the cost a Senator, and upon imposition of sentence, the Secretaiy-Parliamentar­ implications will be. We will also give Pennsylvanians a more ian of the Senate shall prepare a resolution of expulsion under the spon­ timely record so they can check how Members voted and what sorship of the Chairman and Vice-Chairman of the Senate Committee they said about the issues, and there will be an assurance that the on Ethics and Official Conduct. The resolution shall be printed and placed on the Calendar for the next day of Senate session. graveyard shift of legislating is off limits in the Senate. We will XXXVII STATUS OF OFFICERS OR EMPLOYEES INDICTED give fewer grounds for the legal challenges on process that have OR CONVICTED OF A CRIME haunted most major legislation in recent Sessions. 1. Whenever any officer or employee of the Senate is indicted or There is no better way to begin a new legislative Session than otherwise charged before a court of record with the commission of a felony or a misdemeanor the gravamen of which relates to the officer's by responding to public concerns. At a time when the most press­ or employee's conduct or status as an officer or employee of the Com­ ing public concern is governmental reform, we will be judged by monwealth or the disposition of public funds, such employee shall im­ what we do to advance such reforms. These rule changes are a mediately be suspended without pay and benefits by the Chief Clerk. constructive start that will have productive results in legislation 26 LEGISLATIVE JOURNAL — SENATE JANUARY 2, that is better crafted, better understood, and better received by will give us more time to carefully deliberate legislation before Pennsylvanians. we vote on it. There will be no more late-night Sessions, no more Thank you, Madam President. late-night voting Sessions, and no more controversial stealth The PRESIDENT. The Chair recognizes the gentleman from amendments coming to the floor at 12 o'clock, 1 o'clock, or 3 Lackawanna, Senator Mellow. o'clock in the morning. In essence, these rule changes will en­ Senator MELLOW. Madam President, I want to start out by courage greater public participation and input. first thanking and congratulating Senator Pileggi and Senator It is worthy to note the accomplishments that are going to take Scamati and the Members of both Caucuses, but especially place today and note them with great pride. We have created a Members of my Caucus who pushed so strongly over the last new day in the Senate, and I want to congratulate, once again, the several years to try to change the operating Rules of the Senate. Republican Majority for doing that and working with our Demo­ Senator Pileggi mentioned one of the last sweeping changes, and cratic Members of the Senate. We have created a new day in the I believe the last sweeping change that we made in this body was Senate where accountability, responsibility, and opportunity for to open up the floor of the Senate to live television coverage. I public input are not just hollow words or hyped phrases. While am very proud to tell you that when we did that, I had the oppor­ all of us agree that these reforms are only the first step, and a tunity of serving as the President pro tempore of this august good first step, I may add, we can also go further, and I believe body. It was back in the early 1990s that we did that, and it was we must go further, because we can do even better than what we the first sweeping change that we actually added to the operating have done. I am proud today of the action, and I am proud and Rules of the Senate. very happy with the spirit of cooperation that has been generated I want to congratulate both Senators for the tremendous here on the floor of this Senate. Remember that each and every amount of work they did to guarantee that we would have a one of us, all 50 Members of the Senate, represent the same likes change in the operating Rules of the Senate today. In the past few and dislikes of our constituencies. If it were not for our constitu­ weeks, our Caucuses and staffs have worked together. There has encies, we would not be here making that type of representation been a tremendous willingness on the part of everyone in this today. Chamber to work together to bring about a bipartisan effort so I stand proud of the fact I am one of the cosponsors of this that we can make these significant changes in the rules. Once resolution, and I ask for a unanimous vote on changing the rules. again, I think it is important that we acknowledge the individuals who were responsible for that. I would also like to recognize the And the question recurring, fact that both Senator Scamati and Senator Pileggi are new to the Will the Senate adopt the resolution? leadership in the Senate. Both of them have served as Members A voice vote having been taken, the question was determined of the body, but when you have the opportunity of serving as a in the affirmative. Member of leadership, especially the President pro tempore and the Majority Leader of the Senate, it puts you in a whole different ANNOUNCEMENT OF MAJORITY situation, it puts you in a whole different light, and the responsi­ AND MINORITY LEADERSHIP bilities that you have in that particular arena are quite incredible. THE PRESIDENT. The Chair has been informed by the Ma­ Is it not just fitting today that as we embark on this new tribute jority Caucus that they have elected as Majority Leader, Senator in the Senate, this new tribute to the people and to our constitu­ Pileggi of Delaware County; as Whip, Senator Orie of Allegheny ents who elect us here in Pennsylvania, that we do this new era County; as Caucus Chairman, Senator Waugh of York County; of openness and bipartisanship on the day that our 38th President as Caucus Secretary, Senator Robbins of Mercer County; as Ap­ of the United States, President Gerald Ford, is being buried, and propriations Chairman, Senator Armstrong of Lancaster County; we mourn his loss. President Ford once said, and I quote, "I have as Caucus Administrator, Senator Punt of Franklin County; as political adversaries, but not political enemies," end of quote. He Policy Committee Chairman, Senator Corman of Centre County. championed bipartisanship, and we can learn a lot from that The Chair has also been informed by the Minority Caucus that statement: "I have political adversaries, but not political ene­ they have elected the following: as Minority Leader, Senator mies." It is a tremendous message for those of us who work in Mellow of Lackawanna County; as Whip, Senator O'Pake of this body and have been here for a number of years to try to re­ Berks County; as Deputy Whip, Senator Hughes of Philadelphia member. President Ford was the right person at the right time to County; as Caucus Chairman, Senator Costa of Allegheny do the right thing to lead our country. County; as Caucus Secretary, Senator LaValle of Beaver County; These rule changes will make the legislative process more as Appropriations Chairman, Senator Fumo of Philadelphia open, more accountable, and more accessible to our citizens, to County; as Caucus Administrator, Senator Constance Williams our constituents, to people who make all of this possible. For the of Montgomery County; as Policy Committee Chair, Senator first time ever, floor activity and individual votes will be made Kasunic of Fayette County. available on the Internet, something, quite frankly, that we should have been doing for quite a while. This will provide the citizens STATEMENT BY THE PRESIDENT with greater information on Senate activities, how Senate Mem­ bers are voting, and how they are representing them on various The PRESIDENT. We are now ready to notify the House that issues. the Senate is organized. These changes will also institute reform that will give all Sen­ ate Members greater input, that will give us greater access, and 2007 LEGISLATIVE JOURNAL — SENATE 27

SENATE RESOLUTION Diocese of Harrisburg, for his services as Chaplain of the Senate this day. NOTIFICATION TO THE HOUSE THANKS OF SENATE TENDERED TO THE Senator ROBBINS, by unanimous consent, offered the fol­ HONORABLE D. MICHAEL FISHER FOR lowing resolution, which was read, considered, and adopted by ADMINISTERING THE OATH OF OFFICE TO voice vote: THE PRESIDENT PRO TEMPORE AND In the Senate, January 2,2007 OFFICERS OF THE SENATE RESOLVED, That a committee of three Senators be appointed to Senator BAKER, by unanimous consent, offered the following inform the House of Representatives that the Senate is organized in resolution, which was read, considered, and adopted by voice Regular Session and ready to proceed to business. vote: APPOINTMENT OF COMMITTEE In the Senate, January 2,2007 TO NOTIFY THE HOUSE RESOLVED, That the thanks of the Senate is hereby tendered to The PRESIDENT. Pursuant to the resolution just adopted, the The Honorable D. Michael Fisher, Judge, United States Court of Ap­ Chair wishes to announce the following committee to notify the peals for the Third Circuit, for his services in qualifying the newly elected and re-elected Senators. House that the Senate is organized: the gentleman from York, Senator Waugh, as chairman; the gentleman from Bucks, Senator SENATE CONCURRENT RESOLUTIONS Mcllhinney; the gentlewoman from Philadelphia, Senator Wash­ ington. WEEKLY RECESS That committee will leave immediately to discharge its duties. Senator PILEGGI offered the following resolution, which was SENATE RESOLUTION read, considered, and adopted by voice vote: NOTIFICATION TO HIS EXCELLENCY, In the Senate, January 2,2007 THE GOVERNOR RESOLVED, (the House of Representatives concurring), Pursuant to Article II, Section 14, of the Pennsylvania Constitution, that when the Senator GREENLEAF, by unanimous consent, offered the Senate recesses this week, it reconvene on Tuesday, January 16,2007, following resolution, which was read, considered, and adopted by unless sooner recalled by the President Pro Tempore of the Senate; and voice vote: be it further RESOLVED, Pursuant to Article II, Section 14, of the Pennsylva­ In the Senate, January 2,2007 nia Constitution, that when the House of Representatives recesses this week, it reconvene on Tuesday, January 16, 2007, unless sooner re­ RESOLVED, That a committee of three Senators be appointed to called by the Speaker of the House of Representatives. wait upon His Excellency, the Governor of the Commonwealth of Penn­ sylvania, and inform him that the Senate is convened and organized in Ordered, That the Secretary of the Senate present the same to Regular Session and ready to receive any communications he may be the House of Representatives for concurrence. pleased to make. JOINT SESSION APPOINTMENT OF COMMITTEE TO NOTIFY THE GOVERNOR Senator WONDERLING, by unanimous consent, offered the following resolution, which was read, considered, and adopted by The PRESIDENT. Pursuant to the resolution just adopted, the voice vote: Chair wishes to announce the following committee to notify the In the Senate, January 2,2007 Governor that the Senate is organized: the gentleman from Bucks, Senator Tomlinson, as chairman; the gentleman from RESOLVED, (the House of Representatives concurring), That the Blair, Senator Eichelberger; and the gentlewoman from Philadel­ Senate and House of Representatives meet in Joint Session on Tuesday, phia, Senator Kitchen. January 2, 2007, in the Hall of the House of Representatives for the purpose of witnessing the opening, counting and computing of the offi­ The committee will leave immediately to discharge its duties. cial returns of the election for Governor and Lieutenant Governor, held on Tuesday, November 7, 2006, in the several counties of the Common­ SENATE RESOLUTIONS ADOPTED wealth. THANKS OF SENATE TENDERED TO THE Ordered, That the Secretary of the Senate present the same to MOST REVEREND BISHOP KEVIN C. RHOADES the House of Representatives for concurrence. FOR HIS PRAYER SENATE RESOLUTION Senator RHOADES, by unanimous consent, offered the fol­ lowing resolution, which was read, considered, and adopted by TELLER TO COMPUTE AND COUNT VOTES FOR voice vote: GOVERNOR AND LIEUTENANT GOVERNOR In the Senate, January 2, 2007 Senator BRUBAKER, by unanimous consent, offered the following resolution, which was read, considered, and adopted by RESOLVED, That the thanks of the Senate is hereby tendered to voice vote: The Most Reverend Kevin C. Rhoades, Bishop of the Roman Catholic 28 LEGISLATIVE JOURNAL — SENATE JANUARY 2,

In the Senate, January 2,2007 Madam President, with that being said, I think what is most important about Senator Scamati's earlier remarks is that he indi­ RESOLVED, That the gentlewoman fromLuzern e County, Senator cated that this is the initial step, or one of the initial steps, and I Baker, be appointed Teller on the part of the Senate, for the purpose of witnessing the opening, computing, and counting of the votes for Gov­ think that it is very important because in part of his remarks, as ernor and Lieutenant Governor. he talked about the need of how critically important it is for us to have these types of mles in place, not just for the State Senate but SENATE CONCURRENT RESOLUTION also for the State House, and for the administration as well. To that end, as my colleague, Senator Mellow, very eloquently INAUGURAL COMMITTEE stated earlier today, Senate Democrats have in fact been pushing Senator FOLMER, by unanimous consent, offered the follow­ for significant reforms along the same lines, some of which have ing resolution, Senate Resolution No. 6, which was read, con­ been adopted today, others that I hope, in the spirit of Senator sidered, and adopted by voice vote: Scamati's remarks, that we will continue to work toward the adoption of those mles. In the Senate, January 2,2007 So today I rise to indicate the appreciation of the Members A Concurrent Resolution authorizing the appointment of commit­ with respect to being able to adopt these mles, but also to look tees to make arrangements for the inauguration of the Governor-elect. forward to working with colleagues on both sides of the aisle to continue to try to move these measures forward in a legislative Ordered, That the Secretary of the Senate inform the House of format, in a legislative process, in order to allow us to adopt Representatives accordingly. these measures as legislation that allows us to make certain that those will be the mles that we operate under, not simply by Sen­ ANNOUNCEMENT BY THE PRESIDENT ate mles and not simply by House Rules, but rather by the mle of The PRESIDENT. The time has come in our order of business law, allowing us to make certain that these types of reform mea­ to assemble in the House of Representatives for a Joint Session. sures stick and that those are the operating laws that govern our The Chair requests that all guests remain seated until the Mem­ process here in Harrisburg. bers of the Senate leave for the House. This will eliminate con­ I am very happy about what we have done today. I think it is siderable confusion and facilitate our move to the House of Rep­ a very, very important first step, a very historic first step, and I resentatives. The Chair thanks our guests. commend the leadership of both sides of working towards that end to accomplish that. We look forward to try to adopt further RECESS reforms that I think are so very important to this General Assem­ bly and to the people of Pennsylvania, so that we are in a position The PRESIDENT. The Members of the Senate will please to restore the public trust in our proceedings here in Harrisburg. form a line in the center aisle immediately behind the Ser­ Thank you, Madam President. geant-at-Arms in order that we may proceed to the Joint Session. The PRESIDENT. The Chair recognizes the gentleman from The Chair now declares a recess of the Senate for one-half Allegheny, Senator Logan. hour. Senator LOGAN. Madam President, I, too, want to echo the AFTER RECESS comments of Senator Costa and congratulate our President pro tempore Scamati, Senator Pileggi, and Senator Mellow for The PRESIDENT. The time of recess having expired, the adopting what we believe are some meaningful mle changes Senate will come to order. today. They are undoubtedly a step in the right direction, but it is important to point out that they are only a small step. Many of PETITIONS AND REMONSTRANCES those mles were adopted from a package of reform measures that The PRESIDENT. The Chair recognizes the gentleman from the Senate Democrats introduced last Session and intend to intro­ Allegheny, Senator Costa. duce this Session. In concept, they are fine as far as they go, but, Senator COSTA. Madam President, I rise this early afternoon Madam President, they do not go nearly far enough. to just provide a few remarks relative to what has transpired here Madam President, the people who wrote the Pennsylvania earlier today with respect to the adoption of what I believe are Constitution understood that Members of the House of Represen­ very significant steps in the right direction with regard to our tatives and Senate, as well as the public at large, need time to rules, the rules that operate our Pennsylvania State Senate. read, understand, and carefully weigh the ramifications of pro­ Let me first begin by congratulating and thanking Senator posed legislation. That is why they included a provision in our Scamati, Senator Mellow, Senator Fumo, and Senator Pileggi for Constitution that bills must be considered on 3 separate days, and the work that they all did collectively to allow us the opportunity if we are honest with ourselves, honest with our constituents, we to get to this point in time. As Senator Scamati indicated in his have to admit that although we always honor the letter of the law, remarks, Madam President, his door has been open, but more we often do not honor its spirit. We have become skillful at ways importantly, he has heard what the Members had to say with to circumvent that constitutional requirement. Wholesale amend­ respect to this very, very important issue of legislative reform, ments offered at the last minute, maneuvers played with the clock and the steps we have taken today, and by adopting his work and and legislative Calendar, have allowed the House and Senate to the work of Senator Mellow and Senator Pileggi, I am very render that requirement meaningless whenever we find it conve­ happy that we have some of the reforms in place today. nient. 2007 LEGISLATIVE JOURNAL — SENATE 29

So while I and many of my colleagues supported the mle I am very positive about today's Session, very positive about changes today because they are a step in the right direction, we continuing to work with my colleagues on the Democratic side call upon the membership of this Senate to do much more to and my colleagues on the Republican side, and in working with support real meaningful reforms. Six hours might be enough time Senator Pileggi, Senator Mellow, and Senator Scamati to encour­ for some of our staffs to read and understand a bill, but it is not age transparency, and in the words of Pope John XXIII, let us enough time for the public to read it, and it is not enough time for open the windows and let some fresh air in. us to obtain input from our constituents. So, I am looking forward to this opportunity, looking forward In the spirit of the Pennsylvania Constitution, which requires to continuing to work with the other 49 Senators and continuing 3 days of consideration for a bill, I call upon the Senate to adopt to move the Senate of Pennsylvania and its mles into the 21st a mle that gives the people of Pennsylvania, including those who century. sit in this room, 72 hours to consider the final form of a bill be­ Thank you, Madam President, and to all the people of the fore it comes to this floor for a vote. We should also have ade­ Commonwealth of Pennsylvania, may they enjoy a happy, quate timeframes to consider amendments and to consider bills healthy, and peaceful 2007. prior to committee votes. Thank you, Madam President. Adequate notice of a bill is cmcial to the exercise of democ­ racy. We are often called upon to make difficult decisions in this TELLER'S REPORT OF PROCEEDINGS OF Chamber. We cannot make all of our constituents happy with JOINT SESSION OF SENATE AND HOUSE OF each and every vote that we cast, but we can make sure that we REPRESENTATIVES FOR THE OPENING, hear all the points of view before we make up our minds, and we COUNTING, AND PUBLISHING OF VOTES FOR can make sure that we have an opportunity to think before we GOVERNOR AND LIEUTENANT GOVERNOR decide. Doing so is in our own interest as well as in the interest of Pennsylvania and the citizens of Pennsylvania. The PRESIDENT. The Chair recognizes the gentlewoman We must also take steps to ensure that mle changes approved from Luzeme, Senator Baker. today in the bright sunshine and good feeling of a new Session's Senator BAKER. Madam President, the President and Mem­ first day cannot be cast aside easily on the whim of a slim major­ bers of the Senate, and the Speaker and Members of the House ity or in the heat of an intense legislative battle. If we are truly of Representatives, met in the Hall of the House of Representa­ serious about reform, transparency, and openness to the public, tives on this day, and the President of the Senate, Catherine we must adopt our reforms as amendments to the State Constitu­ Baker Knoll, in pursuance of the Constitution and the laws of this tion. Let us make it difficult, if not impossible, to skirt these Commonwealth, did then and there proceed to open, count, and mles. Senate Democrats will be proposing mle changes as consti­ publish the official returns of the election of Governor and Lieu­ tutional amendments, and I would hope that this is something that tenant Governor, held on the seventh day of November, 2006, in we can all support. In the meantime, we can take steps to make the City of Philadelphia and several counties of the Common­ sure that the mle changes that we have adopted today will not be wealth. thrown by the wayside the first time there is a tough vote or a Thank you. controversial bill. We can require a two-thirds vote to suspend the mles, and that way we require a consensus, a consensus to COMMUNICATIONS FROM THE GOVERNOR change the mles and make it less likely that the controversial NOMINATIONS REFERRED TO COMMITTEE matters that should have a full public airing will be approved before the people of Pennsylvania know what hit them. The PRESIDENT laid before the Senate the following com­ Thank you, Madam President. munications in writing from His Excellency, the Governor of the The PRESIDENT. The Chair recognizes the gentleman from Commonwealth, which were read as follows and referred to the Montgomery, Senator Rafferty. Committee on Rules and Executive Nominations: Senator RAFFERTY. Madam President, today begins a new year, a new Session, and a new direction in the Senate of Penn­ MEMBER OF THE BLAIR COUNTY sylvania. We took a big step today. For 4 years, working with BOARD OF ASSISTANCE Senator Orie and others, we have been advocating for reform changes in the Senate with some of our colleagues on the other December 6, 2006 side of the aisle as well. Both sides of the aisle can point fingers at one another for passing amendments in the late hours, but let To the Honorable, the Senate us stop that and let us continue to work together, which we began of the Commonwealth of Pennsylvania: to see today with this bipartisan mle change that was proposed In conformity with law, I have the honor hereby to nominate for the and adopted by the Senate to begin to work together to reform advice and consent of the Senate, Nina Tinari, 6401 Church Road, Phil­ the methods of operation of the Senate of Pennsylvania. We need adelphia 19151, Philadelphia County, Seventh Senatorial District, for to continue to further those mle changes and reforms that were appointment as a member of the Blair County Board of Assistance, to instituted today, and encourage our brethren across the way to serve until December 31,2006, and until her successor is appointed and qualified, vice Reverend Jack D. Moyer, Altoona, resigned. adopt similar mles and regulations. EDWARD G. RENDELL Governor 30 LEGISLATIVE JOURNAL — SENATE JANUARY 2,

MEMBER OF THE COMMONWEALTH OF Havertown 19083, Delaware County, Seventeenth Senatorial District, PENNSYLVANIA COUNCIL ON THE ARTS for appointment as a member of the State Board of Education, to serve until October 1, 2007, or until his successor is appointed and qualified, vice Edward Donley, Allentown, resigned. December 11, 2006 EDWARD G. RENDELL To the Honorable, the Senate Governor of the Commonwealth of Pennsylvania: MEMBER OF THE STATE BOARD OF OPTOMETRY 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, Havertown 19083, Delaware County, Seventeenth Senatorial District, December 18,2006 for appointment as a member of the Commonwealth of Pennsylvania Council on the Arts, to serve until July 1, 2007, and until his successor To the Honorable, the Senate is appointed and qualified, vice Adrienne Snelling, Fogelsville, re­ of the Commonwealth of Pennsylvania: signed. In conformity with law, I have the honor hereby to nominate for the EDWARD G. RENDELL advice and consent of the Senate, Stephanie Moore, (Public Member), Governor 40 Red Barberry Drive, Etters 17319, York County, Fifteenth Senatorial District, for appointment as a member of the State Board of Optometry, MEMBER OF THE BOARD OF TRUSTEES to serve for a term of four years and until her successor is appointed and qualified, but not longer than six months beyond that period, vice Rob­ OF HAMBURG CENTER ert Wentzel, Halifax, whose term expired.

December 11,2006 EDWARD G. RENDELL Governor To the Honorable, the Senate of the Commonwealth of Pennsylvania: MEMBER OF THE STATE BOARD OF OSTEOPATHIC MEDICINE 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, December 18, 2006 for appointment as a member of the Board of Trustees of Hamburg Center, to serve until the third Tuesday of January 2007, and until his To the Honorable, the Senate successor is appointed and qualified, vice John Bastek, Reading, re­ of the Commonwealth of Pennsylvania: signed. In conformity with law, I have the honor hereby to nominate for the EDWARD G. RENDELL advice and consent of the Senate, Nora Peterman (Public Member), Governor 4634 Larchwood Avenue, Philadelphia 19143, Philadelphia County, Eighth Senatorial District, for appointment as a member of the State MEMBER OF THE PENNSYLVANIA DRUG, Board of Osteopathic Medicine, to serve for a term of four years or until her successor is appointed and qualified, but not longer than six months DEVICE AND COSMETIC BOARD beyond that period, vice Esther Richwine, Harrisburg, whose term ex­ pired. December 18,2006 EDWARD G. RENDELL To the Honorable, the Senate Governor of the Commonwealth of Pennsylvania: MEMBER OF THE STATE BOARD In conformity with law, I have the honor hereby to nominate for the OF OSTEOPATHIC MEDICINE advice and consent of the Senate, Stephanie Moore, 40 Red Barberry Drive, Etters 17319, York County, Fifteenth Senatorial District, for appointment as a member of the Pennsylvania Drug, Device and Cos­ December 18, 2006 metic Board, to serve for a term of four years or until her successor is appointed and qualified, but not longer than six months beyond that To the Honorable, the Senate period, vice Gayle Cotchen, Gibsonia, resigned. 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, Nina Tinari, (Public Member), 6401 Church Road, Philadelphia 19151, Philadelphia County, Seventh Sena­ MEMBER OF THE STATE BOARD OF EDUCATION torial District, for appointment as a member of the State Board of Osteo­ pathic Medicine, to serve for a term of four years or until her successor is appointed and qualified, but not longer than six months beyond that December 18,2006 period, vice Warren Moser, Downingtown, 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, 2007 LEGISLATIVE JOURNAL — SENATE 31

MEMBER OF THE STATE GENERAL COMMUNICATIONS REAL ESTATE COMMISSION ANNUAL REPORT ON THE WIRETAPPING AND December 18,2006 ELECTRONIC SURVEILLANCE CONTROL ACT To the Honorable, the Senate The PRESIDENT laid before the Senate the following com­ of the Commonwealth of Pennsylvania: munication, which was read by the Clerk as follows: In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Nina Tinari, 6401Church Road, Phila­ Supreme Court of Pennsylvania delphia 19151, Philadelphia County, Seventh Senatorial District, for Suite 3130, One Oxford Centre appointment as a member of the State Real Estate Commission, to serve Pittsburgh, Pennsylvania 15219 for a term of five years or until her successor is appointed and qualified, but not longer than six months beyond that period, vice Rita M. Halverson, Somerset, whose term expired. December 12, 2006

EDWARD G. RENDELL Mr. Mark R. Corrigan Governor Secretary/Parliamentarian of the Senate Commonwealth of Pennsylvania MEMBER OF THE STATE BOARD OF VEHICLE 462 Capitol Main Capitol MANUFACTURERS, DEALERS AND SALESPERSONS Harrisburg, Pennsylvania 17120 December 18, 2006 Dear Mr. Corrigan, To the Honorable, the Senate In accordance with Section 5723(d) of the Wiretapping and Elec­ tronic Surveillance Control Act, 18 Pa. C.S. §5723(d), I forward here­ of the Commonwealth of Pennsylvania: with the required annual report. In conformity with law, I have the honor hereby to nominate for the advice and consent of the Senate, Sam Cohn, 491 Hillside Drive, Sincerely yours, Mountville 17554, Lancaster County, Thirty-sixth Senatorial District, for appointment as a member of the State Board of Vehicle Manufactur­ RALPH J. CAPPY ers, Dealers and Salespersons, to serve for a term of four years and until Chief Justice of Pennsylvania his successor is appointed and qualified, but not longer than six months beyond that period, vice Sharon E. Guise, Dover, whose term expired. The PRESIDENT. This report will be filed in the Library. EDWARD G. RENDELL Governor ANNUAL REPORT ON LOW-INCOME HOME ENERGY ASSISTANCE PROGRAM MAGISTERIAL DISTRICT JUDGE The PRESIDENT laid before the Senate the following com­ December 18, 2006 munication, which was read by the Clerk as follows: To the Honorable, the Senate COMMONWEALTH OF PENNSYLVANIA Department of Public Welfare of the Commonwealth of Pennsylvania: P.O. Box 2675 In conformity with law, I have the honor hereby to nominate for the Harrisburg, Pennsylvania 17105-2675 advice and consent of the Senate, Sam Cohn, 491 Hillside Drive, Mountville 17554, Lancaster County, Thirty-sixth Senatorial District, November 29, 2006 for appointment as Magisterial District Judge, in and for the County of Allegheny, Magisterial District 05-2-13, to serve until the firstMonda y Mr. Russell Faber of January 2008, vice Thomas Brletic, resigned. Chief Clerk of Senate Senate of Pennsylvania EDWARD G. RENDELL Harrisburg, Pennsylvania 17120 Governor Dear Mr. Faber: MAGISTERIAL DISTRICT JUDGE In accordance with the Energy Conservation and Assistance Act, December 18,2006 Act, 62 P.S. §§3011-3019, specifically, 62 P.S. §3015(c)(2)(ii), en­ closed is the Annual Report on the Low-Income Home Energy Assis­ To the Honorable, the Senate tance Program for the period July 1, 2005 to June 30, 2006. of the Commonwealth of Pennsylvania: If you have any questions about the report, please do not hesitate In conformity with law, I have the honor hereby to nominate for the to call Mr. Alan J. Cohn, Director, Office of Legislative Affairs, at 783- advice and consent of the Senate, B. J. Clark, 611 East Darby Road, 2554. Havertown 19083, Delaware County, Seventeenth Senatorial District, Sincerely, for appointment as Magisterial District Judge, in and for the County of Northampton, Magisterial District 03-2-08, to serve until the first Mon­ ESTELLE B. RICHMAN day of January 2008, vice Elmo Frey, Jr., resigned. Secretary EDWARD G. RENDELL The PRESIDENT. This report will be filed in the Library. Governor 32 LEGISLATIVE JOURNAL — SENATE JANUARY 2,

ANNUAL REPORT ON THE STATE From: GERALD L. ZAHORCHAK, D.Ed. FOOD PURCHASE PROGRAM Secretary of Education Pursuant to 24 P.S. 17-1711-B, I forward this report to you on the The PRESIDENT laid before the Senate the following com­ implementation of the Education Empowerment Act for the school year munication, which was read by the Clerk as follows: 2005-2006. The report addresses each area of interest noted in the statute by providing the following information: COMMONWEALTH OF PENNSYLVANIA - An overview of the Education Empowerment Act; Department of Agriculture - The names of school districts on the Education Empowerment 2301 North Cameron St. List or certified as Education Empowerment Districts and the Harrisburg, PA 17110 date of placement on the list or certification; December 21, 2006 The name of any school district removed from the Education Empowerment List, or which is no longer certified as an Edu­ cation Empowerment District; Mark Corrigan, Secretary Senate of Pennsylvania - A progress report consistent with the School District Improve­ 462 Main Capitol Building ment Plans; and Harrisburg, Pennsylvania 17120 Any recommended changes to the Education Empowerment Act. Dear Mr. Corrigan: If you would like additional copies of the report, please call the Office of Government Relations at 787-7575. On behalf of the Department of Agriculture, I am pleased to pro­ vide your office with a report summarizing the activity under the State The PRESIDENT. This report will be filed in the Library. Food Purchase Program for the year ended June 30, 2006. This report is in accordance with Section 7(b) of the State Food Purchase Program BIENNIAL REPORT FROM PUBLIC UTILITY Act (62 P.S. Section 4047(b)), and its attendant regulations. COMMISSION PURSUANT TO ACT 201 OF 2004 The program, which is administered by the Bureau of Food Distri­ bution, Department of Agriculture, provides cash grants to each of the state's 67 counties for the purchase of food for distribution to needy The PRESIDENT laid before the Senate the following com­ individuals based on the county's weighted percentage of the state's total munication, which was read by the Clerk as follows: employment. Medical Assistance Eligibles, and Non-Public Assistance Food Stamp Eligibles. COMMONWEALTH OF PENNSYLVANIA The report includes: Pennsylvania Public Utility Commission ~ Exhibit "A" - Allocation and Expenditure of Funds Harrisburg, Pennsylvania - Exhibit "B" - Participation Report ~ Exhibit "C" - Variety, Pounds and Cost of Food Purchased December 14, 2006 Also provided are the minutes of the March 15,2006 meeting of the Emergency Food Assistance Advisory Committee. Chief Clerk Russell W. Faber If you have any questions or require additional information, please Senate of Pennsylvania contact me. 89 C East Wing Harrisburg, PA 17120 Sincerely, Dear Chief Clerk Faber: DENNIS C. WOLFF Secretary Pursuant to Act 201 of 2004, the Responsible Utility Consumer Protection Act, the Commission is required to submit a report reviewing The PRESIDENT. This report will be filed in the Library. the implementation of Chapter 14 to the Governor, the Chief Clerk of the House of Representatives and the Secretary of the Senate two years after the effective date of the act and every two years thereafter. EDUCATION EMPOWERMENT Please accept this report as the Commission fulfills its initial re­ ANNUAL REPORT FOR 2005-06 quirement two years after the effective date of the act, December 14, 2004. The PRESIDENT laid before the Senate the following com­ munication, which was read by the Clerk as follows: Sincerely, WENDELL F. HOLLAND COMMONWEALTH OF PENNSYLVANIA Chairman Department of Education The PRESIDENT. This report will be filed in the Library. December, 2006

Subject: Education Empowerment Act Annual Report SMALL BUSINESS ENVIRONMENTAL To: The Office of the Governor ASSISTANCE PROGRAMS ANNUAL REPORT The Secretary of the Senate The Chief Clerk of the House of Representatives Department of Environmental Protection The Chairman of the Education Committee of the Senate Rachel Carson State Office Building The Minority Chairman of the Education Committee of the P. O. Box 2063 Senate Harrisburg, PA 17105-2063 The Chairman of the Education Committee of the House of Representatives December 5, 2006 The Minority Chairman of the Education Committee of the House of Representatives 2007 LEGISLATIVE JOURNAL — SENATE 33

Mr. Mark R. Corrigan To the Governor and The General Assembly: Secretary of the Senate Senate Post Office Box 203053 I, Jack Wagner, Auditor General of the Commonwealth of Pennsyl­ Harrisburg, PA 17120-3053 vania, pursuant to Article VIII, Section 7(a)(4) of the Constitution of the Commonwealth of Pennsylvania and Section 304 of the Capital Facili­ Dear Mr. Corrigan: ties Debt Enabling Act (Act 1 of 1999, as amended) certify as follows: I have enclosed the Department of Environmental Protection (DEP) The amount of the outstanding net debt Small Business Ombudsman's Annual Report as required by Section as of December 21, 2006 $6,242,781,375 4007.9 of the Pennsylvania Air Pollution Control Act. We are pleased at the continuing success of our small business compliance assistance The difference between the limitation programs and our Small Business Advantage Grant program, which upon all net debt outstanding as provided awarded $1 million in grants this year to 190 small businesses to imple­ in Article VIII, Section 7(a)(4) of the ment energy efficiency or pollution prevention projects. These projects, Constitution of the Commonwealth which are located all around the Commonwealth, combine environmen­ of Pennsylvania and the amount of tal protection and economic development benefits for the small business outstanding net debt as of grantees. We look forward to working with you in the coming years to December 21, 2006 $41,946,121,135 make resources available and provide compliance assistance to the Pennsylvania small business community. IN TESTIMONY WHEREOF, I have hereto set my hand and af­ If you have any questions, please do not hesitate to contact Joseph fixed the seal of the Auditor General, this 7th day of December, 2006. Leighton, Director of Legislative Affairs, by e-mail at [email protected] or by telephone at 717-783-8303. JACK WAGNER Auditor General Sincerely, Commonwealth of Pennsylvania KATHLEEN A. McGINTY APPOINTMENT BY THE Secretary MINORITY LEADER The PRESIDENT. This report will be filed in the Library. The PRESIDENT. The Chair wishes to announce the Minor­ ity Leader has made the following appointment: AUDITOR GENERALS CERTIFICATE Mr. C.J. Hafiier, Esquire, to the Regulatory Committee estab­ lished pursuant to the Lobbying Registration Act. The PRESIDENT laid before the Senate the following com­ munication, which was read by the Clerk as follows: CONGRATULATORY RESOLUTIONS The PRESIDENT laid before the Senate the following resolu­ COMMONWEALTH OF PENNSYLVANIA Office of the Auditor General tions, which were read, considered, and adopted by voice vote: Harrisburg, PA 17120-0018 Congratulations of the Senate were extended to John A. Shut­ ter, Jr., Henry Aul, and to Justin Herbert by Senator Armstrong. December 7, 2006 Congratulations of the Senate were extended to Mr. and Mrs. Bruce Mackle, William Barney, Richard A. Belmont, Elizabeth The Honorable Joseph B. Scamati III President Pro Tempore A. Karasinski, Richard John Sopko, Jr., and to Joshua Lee PENNSYLVANIA SENATE Mounce by Senator Baker. 292 Main Capitol Building Congratulations of the Senate were extended to Craig A. Harrisburg, Pennsylvania 17120 Medei by Senator Boscola. Dear Senator Scamati: Congratulations of the Senate were extended to Mr. and Mrs. Melvyn Bollinger, Mr. and Mrs. Robert Laudenslager, Mr. and In accordance with the provisions of Article VIII, Section 7(a)(4) Mrs. Lee Minnich, Chase Boyd Miller and to Shane Patrick of the Constitution of the Commonwealth of Pennsylvania and Section 304 of the Capital Facilities Debt Enabling Act (Act 1 of 1999, as Smith by Senator Browne. amended), I am providing you with the accompanying certification in Congratulations of the Senate were extended to Frank connection with the general obligation bond sale of December 6, 2006. Guerreiro and to Jennifer C. Danyi by Senators Browne and A duplicate original of the Auditor General's Certificate is enclosed. Boscola. Sincerely, Congratulations of the Senate were extended to Robert Buck, Dave Rank and to Center Valley Club by Senator Browne and JACK WAGNER others. Auditor General Congratulations of the Senate were extended to Miriam M. Moore, Michael Garman, Lisa Daniels, Jeffrey Hughes and to Justin R. Ranck by Senator Brubaker. AUDITOR GENERAL'S CERTIFICATE Congratulations of the Senate were extended to Mr. and Mrs. Pursuant to ARTICLE VIII, Section 7(a)(4) Ross D. Smith, Mr. and Mrs. Harry L. Jones, Christian P. Steele of the and to Joseph M. Dorman by Senator Corman. CONSTITUTION OF PENNSYLVANIA Congratulations of the Senate were extended to Mr. and Mrs. and Martin Clompus, Conlan Peter Wesson, Tyler Travis Canfield, Section 304 of the Capital Facilities Debt Enabling Act Andrew Barrera-Stafford, Bruce W. Laverty, Michael S. Siskind, 34 LEGISLATIVE JOURNAL — SENATE JANUARY 2,

Margaret Elizabeth Ezrah, Betty Colmery, Vincent J. DiEuliis, Congratulations of the Senate were extended to Dr. Jerome David Ian Brant, Christopher Joseph Barr, Gary Michael Harness by Senator Punt. Slesinski, Karl Albert McCorry, Bethel Baptist Church of Congratulations of the Senate were extended to Barry L. Phoenixville, West Chester University, Chester County Night Bicking and to Limerick Diner by Senator Rafferty. School and to West Cain Sportsmen's Club of Wagontown by Congratulations of the Senate were extended to Philip C. Senator Dinniman. Melley Memorial Lodge No. 65, Pennsylvania State Troopers Congratulations of the Senate were extended to Historic Ken- Association, Fraternal Order of Police, of Bethel, by Senator nett Square by Senators Dinniman and Pileggi. Rafferty and others. Congratulations of the Senate were extended to Coatesville Congratulations of the Senate were extended to Mr. and Mrs. VA Medical Center by Senator Dinniman and Rafferty. Howard Paul, Mr. and Mrs. Morgan Rider, Mr. and Mrs. Thomas Congratulations of the Senate were extended to Jesse R. McHugh, Mr. and Mrs. Robert J. Milie, Mr. and Mrs. Joseph R. Bierer by Senator Earl. Sabatine, Mr. and Mrs. William Anthony, Mr. and Mrs. Paul Congratulations of the Senate were extended to Theresa Zemba, Mr. and Mrs. James R. Kemsey, Mr. and Mrs. George R. Eccles and to Kenneth M. Goodfellow by Senator Eichelberger. Myers, Mr. and Mrs. Albert Macko and to Mr. and Mrs. Congratulations of the Senate were extended to Paul W. Sherwood Dean Simmers by Senator Regola. Moats, Jr., and to the Honorable Jack E. Wilmot by Senator Congratulations of the Senate were extended to Michael J. Ferlo. Chickilly II, Ruth Olson, Henry Zale, Honorable Neal B. Good­ Congratulations of the Senate were extended to Michael Allen man and to Robert P. Schaeffer by Senator Rhoades. Housel, Harrison D. Hartman, Michael D. DeGezelle, Seth M. Congratulations of the Senate were extended to Helen Pytcher Kneasel, Michael R. Reitz and to Christopher Shealy by Senator Shillinger, Brandon James Newpher and to Lynda Steinhauser by Folmer. Senator Scamati. Congratulations of the Senate were extended to Mr. and Mrs. Congratulations of the Senate were extended to Daniel J. Charles K. Hill and to Mr. and Mrs. Paul Rebuck by Senator Whelan by Senator Stack and others. Gordner. Congratulations of the Senate were extended to the Reverend Congratulations of the Senate were extended to Sean Sasso by George N. Kenner by Senator Tartaglione. Senator Greenleaf. Congratulations of the Senate were extended to Dawn Downs, Congratulations of the Senate were extended to Dr. Pearl Bat­ John Carroll, David Cummings, John Schramm, Joe Chrobak, tle Simpson and to William Carney by Senator Hughes. Shirley Goodbred, Maryann Matuszewski, Joann Muth, Sue Congratulations of the Senate were extended to Drew Wimmersberger, Gloria McNulty, Andy Denucci, William Romesberg and to Scotty Gardner by Senator Kasunic. Hardy, James Hunnewell, Rich Wimmersberger and to Irene Congratulations of the Senate were extended to Christopher Kelly by Senator Tomlinson. McMullen by Senator Kitchen. Congratulations of the Senate were extended to Mr. and Mrs. Congratulations of the Senate were extended to Mr. and Mrs. Wayne Shughart, Mr. and Mrs. Raymond McEckron, Mr. and Donald Johnson and to Mark Cameron Spencer by Senator Mrs. Edward Evans and to Mr. and Mrs. Willard Jones by Sena­ Madigan. tor Vance. Congratulations of the Senate were extended to Gregory Reed Congratulations of the Senate were extended to Herman Gant and to Philip Robert Gant by Senator Mcllhinney. Wooden by Senator Washington. Congratulations of the Senate were extended to Mr. and Mrs. Congratulations of the Senate were extended to Ian Monk, Michael Mullins, Mr. and Mrs. Robert Boone, Mr. and Mrs. Myrtle Boyce, Kevin W. Brodbeck, Jake T. Schroeder, Suzanne Harry Rider, Jerome F. Ruddy, Casey Patrick Hayes, David Markle, Mark A. Slusser, David Frock, Ben Bolden, Kimm James Rosar, Nicholas J. Boccella, James T. Scacchitti and to Rockey, George Sheffer, Jr., Michael B. Shipley, Christina Fred­ Nick J. Trunzo by Senator Mellow. erick, David Dickmyer, Dale C. Heller, Patrick Noll, Pamela Congratulations of the Senate were extended to Thomas E. List, Dennis List, Daniel Deller, Chase Bamett, Dale Snyder, Worth, Sr., James Atherton, Andrew Rozelle, Samuel Calabrese Stanley Brown and to the Exchange Club of Hanover by Senator and to Aaron Szwast by Senator Musto. Waugh. Congratulations of the Senate were extended to Jason T. Congratulations of the Senate were extended to Mr. and Mrs. Janezic, Sean M. Heintz and to American Cancer Society, Berks Dale Forringer, Mr. and Mrs. Herbert Ritzert, Mr. and Mrs. Unit, Daffodil Days campaign by Senator O'Pake. George Geist, Mr. and Mrs. Dale Miller, Mr. and Mrs. Raymond Congratulations of the Senate were extended to the Reading- Lorant, Jr., Mr. and Mrs. Merle Toy, Mr. and Mrs. Leo Berks Association of REALTORS, Incorporated, by Senators Harkleroad, Mr. and Mrs. William Sherwin, Mr. and Mrs. Ken O'Pake and Folmer. Martin, Mr. and Mrs. William Dillaman, Alyssa Young, Ella M. Congratulations of the Senate were extended to Jessica Wassam and to Bernard W. Lockard, Jr. by Senator D. White. Meurer, Amanda Sharbaugh, P. J. Abels, Kelsie Murray and to Congratulations of the Senate were extended to Mr. and Mrs. Leigh Cullen by Senator Orie. William H. Miller, Mr. and Mrs. W. Dale Snyder, Mr. and Mrs. Congratulations of the Senate were extended to Christopher John Barr, Jr., Rosalee Stepulla, Jonah Kalafiit, Michael J. Scott Rickards and to Gerald Miller by Senator Pileggi. Klapec, C. Edwin Shields, Richard P. Musko and to Theda Congratulations of the Senate were extended to Greg Babe by Kennemuth by Senator M.J. White. Senator Pippy. 2007 LEGISLATIVE JOURNAL — SENATE 35

Congratulations of the Senate were extended to Dr. Helen The motion was agreed to by voice vote. Loeb, Mary Lou Barry, Michael Patrick Ryan Kelly, David The Senate recessed at 3:10 p.m., Eastern Standard Time. Broida, Honorable Maryam Walker Phillips, Main Line Club of the National Association of Negro Business and Professional Women's Clubs, Inc. and to Bryn Mawr Trust Company by Sena­ tor C. Williams. Congratulations of the Senate were extended to Mr. and Mrs. Ronald Wampole, Mr. and Mrs. Bob Moser, Christopher S. Imms and to Upper Perkiomen Valley Chamber of Commerce of East Greenville by Senator Wonderling. Congratulations of the Senate were extended to Marian A. Kriebel by Senators Wonderling and Mcllhinney. Congratulations of the Senate were extended to Lock Haven University of Pennsylvania Men's Cross Country Team by Sena­ tor Wozniak. CONDOLENCE RESOLUTIONS The PRESIDENT laid before the Senate the following resolu­ tions, which were read, considered, and adopted by voice vote: Condolences of the Senate were extended to the family of the late Brent Dunkleberger and to the family of the late David E. Dietrich by Senator Corman. Condolences of the Senate were extended to the family of the late Debbie Pauline Coppedge Mitchell by Senator Dinniman. Condolences of the Senate were extended to the family of the late John J. Gallagher, to the family of the late Harry R. Clayton, to the family of the late Norman L. Bier, Jr., to the family of the late Clinton W. Evans, to the family of the late Edward C. Orolin, Sr., to the family of the late Brian T. Kinsella, Jr., to the family of the late Richard J. Reindl, to the family of the late George Phillipsie, to the family of the late Gordon E. Yagle, to the family of the late Thomas E. Snyder, to the family of the late Charles A. Wagner, to the family of the late Thomas Vitunic, to the family of the late Dorathy S. Moniger, to the family of the late Michael F. Rochford, to the family of the late Ernest L. Mieri, to the family of the late Cecelia Cook, to the family of the late Robert Kenneth Ankeney, to the family of the late Dr. Robert Osbourae Sarver, to the family of the late James Gruseck, to the family of the late Edward Mackiewicz, to the family of the late Dolores M. Keams Kaspic, to the family of the late John A. Mack, to the family of the late Jack V. Stoehr and to the family of the late Charles G. Brown by Senator Orie. Condolences of the Senate were extended to the family of the late Albert L. DeHeck and to the family of the late Edward A. Appel by Senator Tomlinson. Condolences of the Senate were extended to the family of the late Ross A. McGinnis by Senator M.J. White. Condolences of the Senate were extended to the family of the late Honorable Alfred B. Coleman by Senator Wozniak. RECESS The PRESIDENT. The Chair recognizes the gentleman from Delaware, Senator Pileggi. Senator PILEGGI. Madam President, I move that the Senate do now recess until Tuesday, January 16, 2007, at 10 a.m., East- em Standard Time.